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HomeMy WebLinkAbout100307 PC Agenda COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning CommiSSion may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Plannina Aoolication No. PA07 -0252. a Develooment Aareement Amendment. submitted bv Winchester Hills I. LLC. to amend fee timina thresholds related to buildina oermit issuance on the Winchester Hills Develooment Aareement located within the Harveston Soecific Plan service commercial area. located on the northwest corner and southwest corner of Date Street and Ynez Road. Christine Damko. Associate Planner. 3 Plannina Aoolication Nos. PA07-0084 and PA07-0085. a Tentative Parcel Mao and Develooment Plan. submitted bv Bob Crisell of Rancho View Professional Center. to subdivide a 5.3 acre Darcel into two lots and construct a three-storY 50.000 sauare foot gffice buildina and a three-storY 35.000 souare foot office buildina. located on the southwest corner of Rancho California Road and Moraaa Road. Betsv Lowrev. Junior Planner. 4 Plannina Aoolication Nos. PA06-0346. PA07-0231. and PA07-0194. a Develooment Plan. Minor Exceotion to reduce the rear yard setback. and Sian Proaram. submitted bv Siirk Ziilstra reoresentina Ziilstra Architecture. for a commercial shoooina center consistina of five sinale-storv buildinas on a 4.3 acre lot within the Chaoarral Villaae shoooina center. located adiacent to the southwest corner of Nicolas Road and Winchester Road. Christine Damko. Associate Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, October 17, 2007, 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula, California. R:\PLANCOMMlAgendas\2007\ 1 0-03-07.doc 2 ITEM #1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 5, 2007 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, September 5, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Vice-Chairman Telesio thanked Ms. Craig for the prelude music. ALLEGIANCE Commissioner Carey led the audience in the Flag salute. ROLL CALL Present: Commissioners: Carey, Guerriero, Harter, Telesio. Absent: Chairman Chiniaeff. PUBLIC COMMENTS Mr. Randy Records, representing Eastern Municipal Water District, invited the Planning Commission to attend its Landscape Ordinance Workshop to be held Thursday, October 18, 2007, at 11 :30 at Eastern Municipal Water District. Mr. Doc Laine, Temecula, relayed his disappointment with the City not preparing an Environmental Impact report (EIR) for the future Civic Center in Old Town, and requested that this report be implemented. CONSENT CALENDAR. 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 15, 2007. MOTION: Commissioner Harter moved to approve the Consent Calendar. CommiSSioner Guerriero seconded the motion and voice vote reflected aDDroval with the exceDtion of Chairman Chiniaeff who was absent. R:\MinutesPC\090507 PUBLIC HEARING ITEMS New Items 2 Plannina AoDlication No. PA07-0154. a Site Plan Modification Aoolication. submitted bv Forest Citv Commercial Develooment. to chanae buildina footorints. drive aisles. oarkina orientation. and landscaDina of the aDo roved Temecula Promenade Mall ExDansion Plans. located at the Promenade Mall. between Macv's and Edwards Cinema within the Temecula Reaional Center Soecific Plan (SP No. 263) in the Citv of Temecula bound bv Winchester Road to the north. Maraarita Road to the east. Overland Drive to the south and Ynez Road to the west By way of PowerPoint Presentation, Associate Planner Peters highlighted on the following: . Project Description . Location . Approved Plans . Site Plan Modifications . Specific Considerations . Environmental Determination. For Commissioner Carey, Associate Planner Peters noted that the retail and restaurant elevations, hardscape, and landscape will be forwarded to the Planning Commission for review and consideration at a later date. Mr. Peters also advised that with respect to valet parking, it was determined that there would be enough stacking for six vehicles and that Forest City would be able to elaborate on the function of the valet parking. At this time, the public hearing was opened. Mr. Kenneth Lee, representing Forest City, relayed that the applicant addressed the Planning Commission's concerns raised by the Planning Commissioners at the previous meeting; successfully integrated all valet drop-off issues; and advised that he would be available for any questions. At this time, the pUblic hearing was closed. MOTION: Commissioner Carey moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected approval with the exceotion of Chairman Chiniaeff who was absent. R:\MinulesPC\090507 2 PC RESOLUTION NO. 07-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0154, A SITE PLAN MODIFICATION TO CHANGE BUILDING FOOTPRINTS, DRIVE AISLE CONFIGURATION, PARKING LAYOUT FOR VALET SERVICE, AND LANDSCAPING OF THE APPROVED TEMECULA PROMENADE MALL EXPANSION (PLANNING APPLICATION NO. PA06-0293) 3 Plannina Aoolication No. PA07-0157. a Resolution of the Plannina Commission recommendina that the Citv Council aoorove an amendment to Title 17 of the Temecula Municioal Code. addina Chaoter 9.2 and establishina Citvwide standards for reaulatina noise Senior Planner Papp provided the Planning Commission with a PowerPoint Presentation, noting the following: . Project Description . Background . Issues Considered . Issues Considered but not included in the draft Noise Ordinance . Environmental Determination. For Commissioner Guerriero, Senior Planner Papp noted that enforcement procedure will be dealt with as follows: . That Code Enforcement will be contacted and will investigate a complaint . That currently there is no language in the Municipal Code that would allow Code Enforcement to cite; and that unless it's a disturbance of the peace, in this case, the Police Department would be contacted . That under the proposed Ordinance if there were a witnessed violation by an Enforcement Officer, a citation or a verbal warning may be issued. Principal Planner Brown advised that first, a notice of violation would be issued; that if a notice of violation is ignored or if there is a repeated offense, it may result in a $50 citation, increasing to a $150 citation, then a $250 citation, or may have the potential for civil penalties which may be as high as $2,500 a day. Senior Planner Papp added that although the fines are not spelled out verbatim, it is identified in the Ordinance; that with respect to the barking dog issue, Senior Planner Papp noted that two methods of citations may be issued such as two neighbors signing an anonymous complaint or by having an Enforcement Officer witness the behavior for 30 minutes; and advised that Code Enforcement officers would be on call 24 hours a day. R:\MinutesPC\090507 3 Assistant City Attorney Lee added that the revised Ordinance with regard to barking dogs would be directed toward repeat offenders; that staff's policy would be to obtain voluntary compliance first, provide notice; and that if all else were to fail, a Code Enforcement officer would respond. Senior Planner Papp relayed that if it were the desire of the Planning Commission, language could be added to the Ordinance specific to repeat offenders. At this time, the public hearing was opened. Mr. P.T. Rothchild, Temecula, relayed his appreciation of the revised Noise Ordinance, relayed his support of the proposal; and advised that he would not have a concern with City sponsored events being exempted. At this time, the public hearing was closed. Relaying his support of the proposed Noise Ordinance, Commissioner Telesio thanked the subcommittee for its revisions. Relaying his support of the Noise Ordinance, Commissioner Harter requested that language be added to the Ordinance with regard to recurring violations as it would relate to noisy animals. Commissioner Carey relayed his support of the proposed Ordinance. Commissioner Guerriero also relayed his support of the revisions of the Noise Ordinance. MOTION: Commissioner Guerriero moved to approve staff recommendation subject to Commissioner Harter's request regarding repeat offenders, and to include the City's exemption with regard to City-sponsored events. Commissioner Harter seconded the motion and voice vote reflected approval with the exception of Chairman Chiniaeff who was absent. PC RESOLUTION NO. 07-33 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 ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE (PLANNING APPLICATION NO. PA07-0157)" At this time, the Planning Commission took a five-minute break. R:\MinutesPC\090507 4 4 Plannina Aoolication Nos. PA07-0220. a Develooment Aareement: PA07-0048. a General Plan Amendment PA06-0370. a Tentative Tract Mao (TIM 35181). PA06-0369 a Develooment Plan: and PA07-0090 a Minor Exceotion. submitted bv Temecula Prooerties, LLC. for a 608.934 sauare foot industrial distribution buildino on 32 acres. and for the future develooment of the remainina 52 acres to include industrial. commercial. retail. hiah-densitv. residential. and/or oublic institutional facilitv land uses. located at the northwest corner of Dendv Parkwav and Winchester Road By way of PowerPoint Presentation, Associate Planner Schuma highlighted the following: . Project Description . Location . Site Photos, East. West. North, and South . Tentative Tract Map . Professional Hospital Supply (PHS) Site Plan . Floor Area Ratio (FAR) Increases . Elevations . Landscaping . General Plan Amendment . Development Agreement . Environmental Determination. Associate Planner Schuma advised that the City, the Pechanga Tribe, and the applicant have reached an agreement with regard to mitigation measures for cultural resources, and requested the following modifications: . Strike Condition of Approval Mitigation Measure Nos. 17 and 24 . Strike Condition of Approval No. 60 under the Development Plan and Tentative Tract Map . Strike last sentence in Mitigation Measure No. 22 - Further actions shall be determined by the desires of the Most Likely Descendant (MLD) - and replace with: Further action shall be determined qursuant to the California Resources Code Section 5097.98 . Change the terms of the entitlements to run with the 10-year term of the Development Agreement . Modify Condition of Approval No. 122 - Development Plan - which would require a two- year maintenance bond to ensure plant growth is sufficient on the crib wall versus the usual one-year landscape maintenance bond . Modify Planning Commission Resolution for the Development Agreement to reflect that the adoption of an Ordinance by the City Council for the Development Agreernent is required With the above-requested modifications to Conditions of Approval, staff would recornmend adoption of a Mitigated Negative Declaration and approval of the project for the Professional Hospital Supply (PHS) expansion. At this time. the pUblic hearing was opened. R:\MinutesPC\090507 5 In response to Commissioner Harter's queries regarding language in the Develooment Aoreement, the following was addressed: With respect to 2.3.1 Effective Date, Mr. John Augustine, representing Professional Hospital Supply (PHS), stated that it would be the applicant's intent to remain in the building for a minimum of eight years, and would not be opposed to clarifying the language in the Development Code to state this if this were the desire of the Planning Commission. Assistant City Attorney Lee advised that with respect to 2.4 Termination; that 10.0 Events of Default: Remedies and Termination would clarify what the outcome would be if the City or the owner of the proposed project were to default. Addressing 2.4 Termination, Mr. Marty Weiss, Attorney representing the Garrett Group, stated that 10.4 Institution of Leaal Action would, would address Commissioner Harter's concern of 2.4 Termination. Per Commissioner Harter's suggestion with regard to 2.4 Termination, Mr. Weiss stated that the applicant would not be opposed to adding language in the Development Code that would remedy the possibility of a material default that could not be remedied in a reasonable amount of time for either one of the parties. Referencing 2.9 Infrastructure Phasina Flexibilitv, Mr. Weiss noted that he would not be opposed to tightening up the language in the Development Code. As per 3.1.4 Timina of Develooment, Mr. Weiss assured Commissioner Harter that the PHS parcel would be developed first and is currently in the planning process; and would not be opposed to modifying the verbiage in the Development Plan to ensure that the PHS parcel is developed first. With respect to 3.1.5 Permits and Aoorovals - Coooeration. Mr. Weiss indicated that the applicant would be willing to revise the verbiage to impose: Good Faith Efforts versus Best Efforts. Addressing 3.6 Acauisition of Ripht-of-Wav for Off-Site Imorovements, Director of Pubic Works Hughes advised that there would not be any right-of-way that is known of that would need to be acquired under the provision, and advised that staff would be comfortable with the proposed verbiage as stated in the Development Agreement. Referencing 9.5 Administration of AClreement, Ms. Lee noted that City Attorney Thorson would be able to tighten up the verbiage. With respect to the Operating Covenant Agreement (Professional Hospital Supply), the following was addressed: Mr. Weiss relayed that 2.2 Termination on Failure to Occur, would stand alone and would not be in conjunction with the Development Agreement. Ms. Nancy Daniels, representing the Garrett Group, thanked staff for its efforts with regard to the proposed project, and relayed that she would be available for any questions. R:\MinutesPC\090507 6 Mr. AI Rattan, Temecula, expressed his concern with staff's recommendation that an Environmental Impact report (EIR) would not be required for the proposed project, and requested that the proposed project approvals be delayed until an Environmental Impact Report is completed. Mr. Weiss, representing the Garrett Group, relayed that extensive archaeological studies on the entire site will be conducted and that there would be a low likelihood of cultural artifacts of significance being found on the site; that staff has conditioned the applicant that if any cultural resources were discovered during the project construction, all work in the area of the find shall cease; and that 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. At this time, the public hearing was closed. For Commissioner Harter, Assistant City Attorney Lee advised that the Development Agreement would be a public record and could be requested through the Records Department through a records request form. Assistant City Attorney Lee advised that Commissioner Harter's comments with regard to tightening up the Development Agreement were clear. Relaying approval of the proposed project, the Planning Commission agreed upon the revisions to the verbiage to the Development Agreement made by Assistant City Attorney Lee and the applicant. MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the changes to the Development Agreement as requested by Commissioner Harter and the modifications to the Conditions of Approval as stated above per staff's recommendation. Commissioner Harter seconded the motion and voice vote reflected approval with the exceotion of Chairman Chiniaeff who was absent. PC RESOLUTION NO. 07-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY R:\MinutesPC\090507 7 COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0220, A DEVELOPMENT AGREEMENT BETWEEN TEMECULA PROPERTIES, LLC AND THE CITY OF TEMECULA TO AUTHORIZE THE DEVELOPMENT OF AN APPROXIMATE 84 ACRE SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF WINCHESTER ROAD AND DENDY PARKWAY IN THE CITY OF TEMECULA (APN 909- 370-018 AND 909-370-032) COMMISSIONERS' REPORTS No reports at this time. PLANNING DIRECTOR'S REPORT Assistant City Manager Johnson advised that the hearing of Wednesday, October 3, 2007, will include Forest City's plan for the mall expansion. ADJOURNMENT At 7:45 pm, Vice-Chairman Telesio formally adjourned to Seotember 19.2007 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. John Telesio Vice-Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\090507 8 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 19, 2007 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, September 19, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Chiniaeff thanked Ms. Craig for the prelude music. ALLEGIANCE Chairman Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners: Carey, Guerriero, Telesio, Chairman Chiniaeff. Absent: Commissioner Harter. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 29, 2007. 2 pirector's Hearina Case Uodate RECOMMENDATION: 2.1 Receive and File Director's Hearing Update for August MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Telesio seconded the motion and voice vote reflected aooroval with the exceotion of Commissioner Harter who was absent. R:\MinutesPC\091907 PUBLIC HEARING ITEMS Continued from June 20, 2007 Per the request of staff, it was the consensus of the Planning Commission to continue Item No. 3 off calendar. 3 Plannina Aoolication No. PA07-0111. a Maior Modification. submitted bv McArdle's Associate Architects. to an aooroved Develooment Plan for Elite's Plaza which includes removinq the at-arade oarkina areas from the first floor of Buildinas Band C. and reolacinq them with aooroximatelv 11.351 sauare feet of additional office soace for Buildina B. and aooroximatelv 13.680 sauare feet of additional office soace for Buildina C. reversina the buildina footorint of Buildina C. and addina a 53.763 sauare foot. three-storv. 132-soace oarkina structure to be built on the east side of the oroiect site. located east of Jefferson Avenue. aooroximatelv 500 feet north of Rancho California Road. and west of Interstate 15 New Items 4 Plannina Aoolication No. LRP2107. a Citvwide Develooment Code Amendment. to revise soecial use reaulations for an increase in floor area ratios. reauirements for swimmina oools. amend oarkina standards for medical or dental offices. incoroorate references to water Qualitv manaaement olan reauirements. orovide consistencv with the Americans with Disabilities Act. and make other minor clarifications and tvooaraohical corrections to the Develooment Code By way of PowerPoint Presentation, Associate Planner West and Senior Planner Fisk highlighted on the following: . Proposed Changes . Performance Standards for increases in FAR . Swimming Pools and Spas within the front yards of Residential Zoning Districts . Parking Requirements for Medical and Dental Offices . Freestanding On-Site Directional Signs . Landscaping Requirements for Freestanding Tenant Signs . Water Quality Management Plan (WQMP) . Americans with Disabilities Act (ADA) . Landscape Design Standards for Slopes . Other Clarifications and Typography Changes . Environmental Determination. In response to Planning Commission questions Associate Planner West indicated that both Title 18 (Grading Ordinance) of the Municipal Code and Title 17 (Development Code) requires slopes to be landscaped with an appropriate groundcover erosion control purposes; however, the Grading Ordinance establishes this requirement for slopes that are greater than three-feet in height; whereas, the Development Code establishes this requirement for slopes that are greater than five-feet in height. R:\MinutesPC\091907 2 Deputy Director of Public Works York advised that because of changes with the California Building Code in January, 2008, the City's Grading Ordinance will be amended; that it would be staff's intent to strengthen the current erosion control language in the Ordinance so that it would better align with the current storm water requirements; and that it would be an opportunity to tie the Grading Ordinance to the Development Code. Chairman Chiniaeff asked if the ordinance revisions would require developers to provide temporary landscaping for erosion control which would need to be replaced with permanent landscaping required by the Development. Principal Planner Richardson responded that erosion control landscaping required by the Grading Ordinance can also be designed to meet the Landscape Ordinance requirements. Deputy of Public Works York also noted that it would be staff's intent to coordinate erosion control/andscaping that could later be incorporated into the projects landscaping plan. Principal Planner Richardson advised that mass grading permits are being discouraged from being allowed prior to Planning Applications being approved. After much discussion regarding Category 1 criteria for FAR increases, it was the consensus of the Planning Commission and staff to change the following: . That Category 1, be broken into three sections: Sales TaxrrOT; Employment; and Public Facilities; and that 2 of the three must be met. MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the above mentioned changes. Commissioner Telesio seconded the motion and voice vote reflected aooroval with the exceotion of Commissioner Harter who was absent. PC RESOLUTION NO. 07.38 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 PORTIONS OF THE TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LPR2107)" R:\MinutesPC\091907 3 COMMISSIONERS' REPORTS Commissioner Guerriero reiterated his concern with the Ad Works truck and its display of rotating ads, advising that this could be a dangerous situation, and once again requested that the Police Department or Code Enforcement explore this issue. In response to Commissioner Guerriero's concern, Director of Planning Ubnoske noted that she will reiterate his concern to Code Enforcement! Police Department to explore the issue. Commissioner Guerriero also expressed concern with the temporary traffic control areas that are currently taking place throughout the City, noting that it would be his opinion that the contractors would not be in compliance with the City's traffic control code. In response to Commissioner Guerriero concern, Deputy Director of Public Works York noted that he will explore the issue. In response to Commissioner Carey's concerns with respect to traffic control devices on the mall ring road during construction activities, Deputy Director of Public Works York noted that because this is not a public facility and is not maintained by the public, the City cannot require a traffic control plan but will advise the inspector of the ring road projects to explore his concern. PLANNING DIRECTOR'S REPORT ADJOURNMENT At 7:10 pm, Chairman Chiniaeff formally adjourned to October 3, 2007 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dennis Chiniaeff Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\091907 4 ITEM #2 DATE OF MEETING: PREPARED BY: PROJECT DESCRIPTION: RECOMMENDATION: CEQA: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 3, 2007 Christine Damko, Associate Planner Winchester Hills Development A~reement Amendment TITLE: Planning Application No. PA07-0252, is the First Amendment to the Winchester Hills Development Agreement to adjust development timing thresholds from the first building permit to the first building permit outside of "Parcel A" and "Parcel B," as defined in the proposed First Amendment for a proposed car dealership. The Agreement will also provide findings to avoid prevailing wages on the future construction of the car dealership. The future car dealership is proposed to be developed within Neighborhood 12 of the Harveston Specific Plan and would be located on the west side of Ynez Road, north of Date Street, adjacent to east side of Interstate 15 freeway and the southern boundary line of the City of Murrieta. A separate Development Plan would be required for the design and approval of the future car dealership. o Approve with Conditions D Deny o Continue for Redesign o Continue to: [81 Recommend Approval to City Council o Recommend Denial o Categorically Exempt (Section) (Class) o Notice of Determination (Section) D Negative Declaration o Mitigated Negative Declaration with Monitoring Plan [81 EIR Addendum G:\Planning\2007\PA07-0252 Winchester Hills Commercial Oev Agree\Planning\PC STAFF REPORT.doc 1 PROJECT DATA SUMMARY Name of Applicant: Andrew Bieri representinq Winchester Hills I. LLC Date of Completion: Auqust 29, 2007 Mandatory Action Deadline Date: October 3, 2007 General Plan Designation: Service Commercial Zoning Designation: Harveston Specific Plan (SP-13) Site/Surrounding Land Use: Service Commercial/Residential (Harveston Specific Plan) Site: Vacant North: South: East: West: Citv of Murrieta boundarv line- vacant land and existinq residential Vacant land and existinq industrial buildinqs Existinq residential Interstate 15 freeway Lot Area: N/A Total Floor Area/Ratio: N/A Landscape Area/Coverage: N/A Parking Required/Provided: N/A BACKGROUND SUMMARY On August 28, 2001, the City Council adopted Ordinance 01-08 approving a Development Agreement for the Harveston Specific Plan area. The Development Agreement is comprised of two sections. The first section is an Agreement with Lennar regarding the residential portion and commercial main street portion of the Harveston Specific Plan. The second is the Winchester Hills I LLC property, which is comprised of an estimated 100 acres of property zoned service commercial along the Interstate 15 freeway. The First Amendment modifies certain provisions of the Development Agreement which will affect the Winchester Hills I, LLC property. No provisions of this First Amendment are intended to nor shall be construed to affect the Lennar property. Winchester Hills I, LLC desires to develop a car dealership on a portion of their property. In order for this to be accomplished Winchester Hills needs to obtain approval of two tasks: 1. Amend the Development Agreement relating to fee timing thresholds, which is part of this application. 2. Establish two legal lots for the future car dealership. The property is currently mapped as a Remainder Parcel. In order for the future car dealership to obtain legal lot status in a specific location of the Remainder Parcel, a Lot Line Adjustment application is G:\Planning\2007\PA07-0252 Winchester Hills Commercial Dev Agree\Planning\PC STAFF REPORT.doc 2 required to adjust property lines. The applicant has submitted a Lot Line Adjustment application and staff is currently reviewing the project. A Lot Line Adjustment is approved administratively; therefore it is not a part of this project scope. Attached to this staff report is the Fee Credit Agreement between the City and Jones/Blumenthal Temecula Real Property, LLC for the waiver of fees for the future car dealership located on Parcel A. This Agreement is attached for informational purposes only and is not part of the requested action. The City has determined that the future development of the auto dealership will be of substantial economic benefit to the City such as generating new quality employment opportunities within the City and generating new tax revenues that will assist the City in funding public services for the residents and businesses within the City. The City finds and determines that the amount of fees waived for the development of Parcel A when compared to the Developer's investment in the land costs, public improvement costs, and construction costs in the development of a motor vehicle dealership on Parcel is de minimus, comprising less than one and sixty-four one hundredths percent (1.64%) of the total project cost. This Agreement will be administratively approved. ANALYSIS This amendment proposes the following changes to the Development Agreement: Section 2.3, Term, of the Development Agreement is hereby amended to read as follows: "2.3 Term. This Agreement shall become effective on the Effective Date. Unless terminated pursuant to Section 2.4, with respect to the Lennar Property, this Agreement shall terminate at 11 :59 p.m. on the tenth (10th) anniversary of the earlier of either: (i) the date the CITY issues either the first (151) building permit for a residential dwelling unit other than a model unit or for a commercial structure within the Lennar Property; or (ii) the second (2"d) anniversary of the Effective Date. The termination shall occur subject to specific extensions, force majeure, revisions, and termination provisions of this Agreement. Unless terminated pursuant to Section 2.4, with respect to the Winchester Property, this Agreement shall terminate at 11 :59 p.m. on the fifteenth (15th) anniversary of the later of either: (i) the date the CITY issues the first (151) building permit for a non- residential building on the Winchester Property, oother than for motor vehicle dealerships, or ancillary uses thereto, on Parcels A and B; or (ii) the date the limitations on development imposed by Section 4.3.4 hereof terminate." The original Section 2.3, Term, of the Development Agreement indicated that the agreement shall terminate the date the City issues the first building permit for a non-residential building on the Winchester Property. The Development Agreement Amendment is extending this language to include the development of a car dealership or ancillary uses on Parcels A and B. G:IPlanning\2007IPA07-0252 Winchester Hills Commercial Dev AgreelPlanninglPC STAFF REPORT.doc 3 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on September 22, 2007 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act ("CEQA"), staff has reviewed and considered the Final Environmental Impact Report for the Harves/on Specific Plan approved by City Council on August 29, 2001, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, staff determined that the proposed First Amendment of the Development Agreement does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, staff also determined that the proposed First Amendment does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance, which shows that the First Amendment will have one or more significant effects not previously discussed in the EIR. All potential environmental impacts associated with the proposed First Amendment are adequately addressed by the prior EIR, and the mitigation measures contained in the EIR will reduce those impacts to a level that is less than significant. An Addendum pursuant to Section 15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the First Amendment, and no additional environmental documentation is required. CONCLUSION/RECOMMENDA TION Staff recommends that the Planning Commission recommend the City Council approve the Development Agreement Amendment. ATTACHMENTS 1. Vicinity and Aerial Maps - Blue Page 2. PC Resolution 07-_ - Blue Page 6 Exhibit A - Draft CC Ordinance 07-_ 3. Initial Study - Blue Page 9 4. EIR Addendum - Blue Page 10 5. Fee Credit Agreement - Blue Page 11 6. Notice of Public Hearing - Blue Page 12 G:\Planning\2007\PA07-0252 Winchester Hills Commercial Oev Agree\Planning\PC STAFF REPORT.doc 4 ATTACHMENT NO.1 VICINITY AND AERIAL MAPS G:\Planning\2007\PA07-0252 Winchester Hills Commercial Dev Agree\Planning\PC STAFF REPORT.doc 5 -~, ,-' ., , ClTYf'$MURRIETA "----..-..-..-..-..-..-..J. T . @ LOW MEDIUM 51.3 AC. 206 UNITS OTYOFWRRIETA -"'-.., 01 I'J _ ~'TCrn>m, ~_-----.:. ~Ir--~ II ' I' II Approximate Location of Interchange EXIST'NQ w,..C..=E~ CUU.'AAK NOTE: 1. Roadway alignment within Service Commercial is concepmal 2. The location of Mini Parks (MP) is conceptual (1.5 AC. minimum) Individual size and program varies. \l tI \ S '0 ~ \lfIH~~!SIU AOAO ~ o~ ..;~,...Hi. ~ RevisedJune200S "....."...... $ Harveston Specific Plan Lennar Commurl/tll'J LEGEE"W ---- SpeCltLc rho Buundar,' LOW-MED DENSITY (3-5 du./ac. max,) . I I I llliil,III,I'il,ll!ioIlillij,OlIlIII~III.: (">.7 dLl./ac. max.) (7-t3du.jU.ffiax) (13-20du./ac. max.) ~~';~~>'';.lIO:!,)L, ~'&'%\~\~,\\\\';);~ MIXED USE I Figure 3.1 Conceptual Land Use Plan :ity of Teme\.;Jla N J 2,475 Feet o 412.5 825 1,650 ,'- This map wa:; maae by the City of Temecula Geographic Information System The map Is derived from base data produced by the Rivefside County Assessor's Department anc:llhe Transportation and Land Management ~ of Riverside County. The City of Temecula assumes no warranty ortegal responsibility for the intormation cootained on thiS map. Data and information represented on Ihis map ~e subject 10 update and modifICation The Geographic Information System and other SOU"C6S should be queried for the most current information This map is nol for reprint or resale. ATTACHMENT NO.2 PC RESOLUTION NO. 07-_ G:\Planning\2007\PA07~0252 Winchester Hills Commercial Dev Agree\Planning\PC STAFF REPORT.doc 6 PC RESOLUTION NO. 07- 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 APPROVING THE FIRST AMENDMENT TO THE HARVESTON SPECIFIC PLAN DEVELOPMENT AGREEMENT (PLANNING APPLICATION NO. PA07- 0252)" Section 1. Procedural Findinas. The Planning Commission of the City af Temecula does hereby find, determine and declare that: A. The City af Temecula ("City"), a general law City in the State of California, Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California limited liability company ("Winchester"), entered into a Development Agreement dated August 28, 2001 for the development of the Harveston Specific Plan ("Development Agreement"). B. On August 29,2007, Winchester Hills I LLC, filed Planning Application No. PA07-0252, a Development Agreement Amendment, in a manner in accord with the City of Temecula General Plan and Development Code. C. The application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the application and environmental review on October 3, 2007, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve the attached Development Agreement Amendment subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas.. The Planning Commission, in recommending approval of the application hereby finds, determines and declares that: A. The First Amendment is consistent with the City's General Plan, and each element thereof and constitutes a present valid exercise of the City's police power. B. The First Amendment is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. G:\Planning\2007\PA07.0252 Winchester Hills Commercial Dev Agree\PlanninglMercedes Project PC Resolution PMT Revisions 9_26 07 (2).DOC Section 3. Environmental Cornoliance Findinas. The Planning Commission further finds, determines and declares that: A. On August 28, 2001, the City Council approved and certified Final Environmental Impact Report ("FE/R") for the Harveston Specific Plan. Pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal. Code of Regs. 915000 et. seq.), the City of Temecula has prepared an Addendum to make a minor change to a previously certified EIR in connection with the amendment of the Development Agreement and the construction of a motor vehicle dealership within the Specific Plan. B. The City prepared an Initial Study to determine whether the amendment of the Development Agreement or construction of the motor vehicle dealership within the Specific Plan triggered any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR. The Initial Study evaluated the impacts of the proposed Development Agreement Amendment on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation/Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance. C. The Initial Study compared the environmental impacts of the proposed Development Agreement Amendment and the motor vehicle dealership with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Harveston Specific Plan EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by the Development Agreement Amendment and subsequent construction of a motor vehicle dealership within the Specific Plan. Nor will the proposed Development Agreement Amendment and motor vehicle dealership increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Harveston Specific Plan EIR. D. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. E. Further, the Initial Study analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. G:\Planning\2007\PA07-0252 Winchester Hills Commercial Dev Agree\Planning\Mercedes Project PC Resolution PMT Revisions 9_26_07 (2).DOC 2 F. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the Planning Commission finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the Development Agreement Amendment and the construction of the motor vehicle dealership within the Specific Plan. G. The Planning Commission finds that the Initial Study and Addendum were prepared in compliance with CEQA. The Planning Commission hereby recommends that the City Council certify and approve the Initial Study and Addendum prepared for the Development Agreement Amendment and the construction of a motor vehicle dealership within the Specific Plan. The Planning Commission further finds that the conclusions reached in the Initial Study and Addendum represents the independent judgment of the Commission. H. The custodian of records for the Initial Study, Addendum and all other materials, which constitute the record of proceedings upon which the Planning Commission's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at Planning Department of the City of Ternecula, 43200 Business Park Drive, Temecula, California. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 07-_ approving the First Amendment to the Harveston Specific Plan Development Agreement in substantially the form of Exhibit "A" attached hereto. G:\Planning\2007\P A07-0252 Winchester Hills Commercial Dev Agree\Planning\Mercedes Project PC Resolution PMT Revisions 9_26_07 (2).DOC 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Ternecula Planning Commission this 3rd day of October, 2007. Dennis Chiniaeff, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALiFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Ternecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the Planning Commission of the City of Ternecula at a regular meeting thereof held on the 3rd day of October 2007, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2007\P AO? -0252 Winchester Hills Commercial Dev Agree\Planning\Mercedes Project PC Resolution PMT Revisions 9_26_07 (2).OOC 4 EXHIBIT A PROPOSED CC ORDINANCE 07-_ G:\Planning\2007\P A07-0252 Winchester Hills Commercial Dev Agree\Planning\Mercedes Project PC Resolution PMT Revisions 9_26_07 (2).OOC 5 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND WINCHESTER HILLS I, LLC THE CITY COUNCIL OF THE CITY OF TEMECUlA DOES HEREBY ORDAIN AS FOllOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Ternecula ("City"), a general law City in the State of California, lennar Homes, Inc., A California Corporation and Winchester Hills I LlC, a California limited liability company ("Winchester"), entered into a Development Agreement dated August 28, 2001 for the development of the Harveston Specific Plan ("Development Agreement"). B. On August 29, 2007, Winchester Hills I LLC, filed Planning Application No. PA07-0252, a Development Agreement Amendment, in a manner in accord with the City of Ternecula General Plan and Development Code. C. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to Conditions of Approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. D. On October 3, 2007, the Planning Commission of the City of Ternecula held a duly noticed public hearing on the proposed First Amendment to the Development Agreement ("First Amendment") as prescribed by law at which time all persons interested in the proposed First Amendment had the opportunity to and did address the Planning Commission on this matter. E. FOllowing consideration of the entire record of information received at the public hearings and due consideration of the proposed First Amendment, the Planning Commission adopted Resolution No. 2007- _ recommending to the City Council approve the proposed First Amendment. F. On October 9, 2007 the City Council of the City of Temecula held a duly noticed public hearings on the proposed First Amendment as prescribed by law at which time all persons interested in the proposed First Amendment to the Development Agreement had the opportunity and did address the City Council on this matters. G. Following due consideration of the testimony received at the public hearing and the administrative record, the City Council adopted this Ordinance. Section 2. Environmental ComDliance Findinas. The City Council further finds, determines and declares that: A. On August 28, 2001, the City Council approved and certified Final Environmental Impact Report ("FEIR") for the Harveston Specific Plan. Pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal. Code of Regs. S15000 et. seq.), the City of Temecula has prepared an Addendum to make a minor change to a previously certified EIR in connection with the proposed First Amendment and the construction of a motor vehicle dealership within the Specific Plan. B. The City prepared an Initial Study to determine whether the First Amendment or construction of the motor vehicle dealership within the Specific Plan triggered any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR. The Initial Study evaluated the impacts of the proposed First Amendment and the motor vehicle dealership on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation/Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance. C. The Initial Study compared the environmental impacts of the proposed First Amendment and motor vehicle dealership with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Harveston Specific Plan EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by the First Amendment and subsequent construction of a motor vehicle dealership within the Specific Plan. Nor will the proposed First Amendment and motor vehicle dealership increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Harveston Specific Plan EIR. D. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. E. Further, the Initial Study analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. F. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the Planning Commission finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the Development Agreement Amendment and the construction of the motor vehicle dealership within the Specific Plan. G. The City Council finds that the Initial Study and Addendum were prepared in compliance with CEQA. The City Council certifies and approves the Initial Study and Addendum prepared for the Development Agreement Amendment and the construction of a motor vehicle dealership within the Specific Plan. The Planning Commission further finds that the conclusions reached in the Initial Study and Addendum represents the independent judgment of the Commission. H. The custodian of records for the Initial Study, Addendum and all other materials, which constitute the record of proceedings upon which the Planning Commission's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula. California. Section 3. Further Findinas. The City Council hereby finds and determines that: A. The First Amendment is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula General Plan and each of its elements in that the Development Agreement makes reasonable provision for the use of certain real property for industrial, commercial and residential development. B. The First Amendment complies with the goals and objectives of the Circulation Element of the General Plan. C. The First Amendment is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City. D. The First Amendment will not be detrimental to and will promote the health, safety, or general welfare of the community because it provides adequate assurances for the protection thereof. E. All legal reconditions to the adoption of this Ordinance has occurred. Section 4. Aooroval. The City Council of the City of Temecula hereby approves that certain agreement entitled "First Amendment to Development Agreement by and between the City of Ternecula, Lennar Homes, Inc., a California corporation, and Winchester Hills I LLC, a California limited liability company" ("First Amendment") between the City of Ternecula and Winchester Hills I LLC in substantially the form attached hereto as Exhibit A, with such changes to the First Amendment as may be mutually agreed upon by Winchester Hills I LLC and the City Manager and which are in substantial conformance with the form of such First Amendment attached hereto. The Mayor is hereby authorized to execute the First Amendment, including related exhibits and attachments on behalf of the City. A copy of the final First Amendment when executed by the Mayor and the other parties shall be placed on file in the Office of the City Clerk. Section 5 Authoritv of City Manaaer. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the First Amendment and to administer the City's obligations, responsibilities and duties to be performed under the First Amendment, including but not limited to, approval and execution on behalf of the City of acceptances, certificates, certificates of completion and such other implementing agreements and documents as contemplated, necessary or described in the Development Agreement. Section 6. Certification. The City Clerk shall certify to the adoption of this Ordinance. This Ordinance shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of October, 2007. Chuck Washington, 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. 07- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of October, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Ternecula at a meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A DRAFT DEVELOPMENT AGREEMENT AMENDMENT DRAFT: SEPTEMBER 28, 2007 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Attn: Susan Jones, MMC City Clerk Exempt ITom recording fees pursuant to GoYl. Code Section 27383 (Space above for recorder's use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY This First Amendment to Development A5,~'"uent is made and entered into as of October 23, 2007, by and between the CITY OF TEMECULA, a California municipal corporation ("City") WINCHESTER HILLS I LLC, a California limited liability company ("Winchester") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this First Amendment, the parties hereto agree as follows: I. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: 985430.4 September 28, 2007 DRAFT: SEPTEMBER 28, 2007 A. On August 2S, 200 I, the City Council of the City of Temecula approved that certain agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. OI-OS (the "DeveIooment A<!reement"). B. The Development Agreement was recorded on January 16,2002 as Document No. 2002-026470 in the Official Records of the County of Riverside. C. The real property which is subject to the Development Agreement and this First Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar ProDertv"). The second is the Winchester Hills I LLC Property which is specifically described in Exhibit A to this First Amendment and incorporated herein as though set forth in full ("Winchester ProDerly"). D. Winchester proposes to develop Parcel A and Parcel B within the Winchester Property as one or more motor vehicle dealerships. Parcel A and Parcel B are specifically described in Exhibit B to this First Amendment and incorporated herein as though set forth in full ("Parcels A and B"). E. City and Winchester continue to work diligently with Caltrans to define and convey the Interchange Improvement Area to Caltrans as provided in Section 4.3.3 and 4.3.4 of the Development Agreement, but have not yet completed the process of identifYing the Interchange Improvement Area and the conveyance of the land to Caltrans despite these efforts. F. Winchester desires to develop Parcels A and B with one or more motor vehicle dealerships. Development of a motor vehicle dealership on Parcels A and B will benefit the City by providing many quality jobs, enhancing the motor vehicle sales market in the City, and providing increased tax revenue to the City. G. Winchester and City desire to provide for the development of Parcels A and B for the benefit of both parties while continuing to provide for the conveyance of the Interchange Improvement Area to Caltrans and the development regulations described in the Development Agreement, and plU'licularly Section 4.3.4, enabling Winchester to work around the uncertainties surrounding the identification and conveyance to Caltrans of the Interchange Improvement Area. H. This First Amendment modifies certain provisions of the Development Agreement which affect the Winchester Property. No provisions of this First Amendment are intended to nor shall be construed to affect the Lennar Property or any portion thereof. I. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 3, 2007 and by Resolution No. 07- recommended to the City Council that this First Amendment be approved. 985430.4 September 28, 2007 2 DRAFT: SEPTEMBER 28, 2007 J. On October 9, 2007, the City Council of the City of Temecula held a duly noticed public hearing on the proposed First Amendment and the CEQA documentation at which time all persons had the opportunity to testify in support of or opposition to the proposed First Amendment and Addendum. K. On October 9,2007 the City Council of the City of Temecula adopted Ordinance No. 07-_ approving this First Amendment. 2. Amendment of Section 2.3 of Develooment Allreement.. Section 2.3, Term, of the Development Agreement is hereby amended to read as follows: "2.3 Term. This Agreement shall become effective on the Effective Date. Unless terminated pursuant to Section 2.4, with respect to the Lennar Property, this Agreement shall terminate at II :59 p.m. on the tenth (10th) anniversary of the earlier of either (i) the date the CITY issues either the first (1st) building permit for a residential dwelling unit other than a model unit or for a commercial structure within the Lennar Property or (ii) the second (2d) anniversary of the Effective Date. The termination shall occur subject to specific extensions, force majeure, revisions, and termination provisions of this Agreement. Unless terminated pursuant to Section 2.4, with respect to the Winchester Property, this Agreement shall terminate at II :59 p.m. on the fifteenth (15th) anniversary of the later of either: (i) the date the CITY issues the first (1st) building permit for a non-residential building on the Winchester P,uJ-'~';I, other than for motor vehicle dealerships or ancillary uses thereto on Parcels A and B; or (ii) the date the limitations on development imposed by Section 4.3.4 hereof terminate." 3. Entire Allfeement. This First Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter hereof, except for the Development Agreement, Operating Memoranda, are merged into this Agreement and shall be of no further force or effect. 4. Effective Date of First Amendment. This First Amendment shall be effective upon the date a bona fide escrow closes on the sale of Parcels A and B for development of automobile dealerships. Winchester shall notify the City of the date such escrow closes and shall provide City with reasonable documentation of the close of escrow. Within thirty (30) days following such notice, City and Winchester shall approve and execute an Operating Memorandum to be recorded confirming the effective date of this First Amendment. 985430.4 September 28, 2007 3 DRAFT: SEPTEMBER 28, 2007 5. Lender Consent. Winchester warrants and represents to the City that the following persons hold recorded deeds of trust upon or other beneficial interests in the Winchester Property and that each has duly executed a "Lender's Consent And Subordination To Development Agreement And First Amendment To Development Agreement" which are attached hereto as Exhibit C: (I) ; (2) 6. Authoritv to Enter Into First Amendment. Winchester warrants and represents to the City that its approval of this First Amendment will not violate any agreements it may have with other persons. The person or persons executing this First Amendment on behalf of Winchester warrant and represent to the City that this First Amendment has been duly approved by Winchester and that all applicable notices, approvals and procedures were complied with and that he or she is duly authorized by Winchester to execute this First Amendment on behalf of Winchester and has been duly authorized to do so. 7_ Other Terms Remain. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect. 985430.4 September 28, 2007 4 DRAFT: SEPTEMBER 28, 2007 IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Chuck Washington Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 935430.4 September 23, 2007 5 DRAIT: SEPTEMBER 28, 2007 WINCHESTER HILLS I LLC, a California limited liability company Name: Title: Name: Title: 985430.4 September 28, 2007 6 DRAFT: SEPTEMBER 28, 2007 State of California ) ) ss ) County of On before me, personally appeared ,personally known to me or 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 acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary 985430.4 September 28, 2007 7 DRAFT: SEPTEMBER 28, 2007 State of California ) ) 55 ) County of On before me, personally appeared . personally known to me or 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 acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary 985430.4 September 28, 2007 8 1002666.1 EXHIBIT A LEGAL DESCRIPTION OF WINCHESTER PROPERTY RBfCONSULTING 27555 YNEZ ROAD, SUITE 400 TEMECUlA, CA 92591 Revised July 19,2001 May 10, 2001 m 151oo181-M2 Pagelof2 EXHIBIT "S" LEGAL DESCRIPTION WINCHESTER HILLS I LLC PROPER'IY That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lou 109, 110, 120 and 121 (together with those portions of vacated Date Street, Monroe Avenue and Jackson Avenue adjoining said tots). aU as shown on a Map of the Temecula Land and Waler Company med in Book 8, Page 359 of Maps, Records of San Diego County, California, together with a portion of Parcel 4 of Parcel Map No. 196n (together with that portion ofYn.. Road adjoining said Parcc14), aU as sholVll on a map filed ill Book 135, Pages 85 and 86 of Parcel Map., Records of Riverside County, California. descn'bed as a whole as follows: BEGINNING at the most northerly corner of said Lot 121, said comer being a point on the centerline of said Jackson Avenue; thence along said centerline South 41038'09" EaSt 1290.73 feet to the most northerly corner of said Lot 120; thence continuing along said centerline South 42-14'33" Easl 1290.79 feet to the most easterly corner of said Lot 120; thence continuing along said centertine South 41'52'47" East 794.56 feet to the centerline of said Y net Road; thence along said centerline ofYne. Road South 30"07'20' West 432.14 fe.t to the beginning of a tangent curve coqcave southeasterly and having a radius of 1675.00 feet; thence along said curve southwesterly 699.71 feet through a central angle of 23'56'04" to the easterly proloQgation of a course in the southeasterly line of said Parcel 4 shown as "North 83048'37" West" on said Parcel Map; thence radially from said curve, along said course and prolongation North 83.48'44" West 142.82 feet to an angle point in said soufheasterly line; 1 1002666.1 EXHlBIT A LEGAL DESCRIPTION OF WINCHESTER PROPERTY Exhibit uB" Legal description Winchesler Hi1ls I LLe Property Revised July 19, 200t May 10, 2001 IN 15100181-Ml Page lofl thence along said soulheasterly line South 63"31'52" Wesl 962.68 feet to Ihe most soulherly corner of said Parce14 and a point in the northeasterly line of Interstate 215j Ihence along said nonheaSlerty line Ihrough Ihe following Courses: Nortb 29'26'02" West 376.97 feel; thence North 30"35'46" Wes1450.4O feet; thence North 28"41'12" West 758.78 feel; thence Nonh 18"40'57" West 346.24 feet; thence North 28"39'30" West 199.91 feel; thence North 37"45'11" West 253.17 feet; thence North 29"58'20" Wesl449.97 feet; thence North 21"49'02' West 251.95 feet; thence North 28"24'39' WeSl519.02 feel 10 the northweslerly line of said Lo1121; thence along said northwesterly line North 48"10'42" Easl 1190.56 feet 10 Ihe POINT OF BEGINNING. CONTAINING: 135.24 Acres, more or less. SUIIJECI' To aU covenants, rights, rights-of-way and easements of record. EXlnBIT "B.l" allached herelo and made a part hereof. This descriprion was prepared by me or under my direction. Raymond L. Malhe, P.LS. 6185 My license expires 3131102 H:IPDATAIlSI00J81\OFFlCE\WPW1N\181tglOO2.WPD 2 EXHIBIT A LEGAL DESCRIPTION OF WINCHESTER PROPERTY 1000 . I . 9 -- _ Ll 1090 2000 30llC ...... -.1 h GRAPHiC' SCALE E ~ ;;; .'; ~ c "- .... o EXHIBIT 'B-1' ATTACHMENT NO. 2 LEGAL DESCRIPTION OF ''lINCHESTER HILLS I LC PROPERTY ~ ~ SHEET ~ ~ " .... ;;; ;;- '" ~ W :z: " ~ ........H......HI . DC.laN . ct.....nuCTIC" .9 .. 8 ~ -- . ~ . c ~ ~ 1 CONSULTING 27S55'l'NEZ~SlIIEtoClO ~CAL.FOfINA.'_""" 1DU7e1Dl'l . Jl1Jl ODQ.81e:124O I _JllF.cortI I REVlsal oM.Y '9, 2001 I UA,Y 10. 2001 SCALE 1....1000. ntLD lOOK JOB Ne. 15100181-1&2 ] 002666.] 3 DRAFT: SEPTEMBER 28, 2007 EXHIBIT B LEGAL DESCRIPTION OF PARCELS A AND B PARCEL A: Parcel A is described as Parcel A of Lot Line Adjustment No. PA07-0249 recorded as Document No. 07- in the Official Records of Riverside County. PARCEL B: Parcel B is described as Parcel B of Lot Line Adjustment No. PA07-0249 recorded as Document No. 07- in the Official Records of Riverside County. 985430.4 September 28, 2007 10 DRAFT: SEPTEMBER 28, 2007 EXHIBIT C LENDER'S CONSENT LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 1. _ ("Lender") holds a security interest in a portion of the Property described in the First Amendment to Development Agreement set forth above between Winchester Hills I LLC, a California limited liability company ("Owner"), and the CITY OF TEMECULA, a municipal corporation ("City"). 2. Lender acknowledges that the Development Agreement and the First Amendment to the Development Agreement are integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the P,vl-'~"j as well as vesting Owner's land use entitlements pursuant to the tenus of the Development Agreement and the First Amendment to the Development Agreement. 3. In consideration of the rights and benefits conferred upon the Owner by the tenus of the Development Agreement and the First Amendment to the Development Agreement and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Development Agreement and the First Amendment to the Development Agreement and their recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the First Amendment to the Development Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: 985430.4 September 28, 2007 II DRAFT: SEPTEMBER 28, 2007 IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of , 2007. Lender: Name: Title: Name: Title: 985430.4 September 28, 2007 12 ATTACHMENT NO.3 INITIAL STUDY lie G:\Planning\2007\PA07-0252 Winchester Hills Commercial Dev Agree\Planning\PC STAFF REPORT.doc 7 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 I Project Title I Lead Agency Name and Address I Contact Person and Phone Number Project Location I Proiect Sponsor's Name and Address I General Plan DesiQnation I Zoninq Description of Project Surrounding Land Uses and Setting I Other public agencies whose approval is required Environmental Checklist I Harveston Specific Plan First Amendment to Aqreement I City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 I Christine Damko, Associate Planner (951) 694-6400 The project is located on the northwest and southwest corners of Ynez Road and Date Street, abutting the east side of the Interstate 15 freeway. Winchester Hills I, LLC Service Commercial (SC\ Harveston Specific Plan (SP-13) The proposed project is the first amendment of the Harveston Specific Plan Development Agreement to adjust development timing thresholds from the first building permit to the first building permit outside "Parcel A" and "Parcel B" as defined in the proposed First Amendment for a proposed car dealership. The agreement will also provide findings to avoid prevailing wages on the future construction of the car dealershil? The site is surrounded by industrial development and vacant land to the south, existing single-family homes and vacant land within the City of Murrieta limits to the north, existing single-family homes (Harveston development) to the east, and Interstate 15 freeway to the west. I None at this time Development I I I G:IPlanning\2007\PR07-Q019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEOA INITIAL STUDY - 200S.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. I Aesthetics I Awiculture Resources 1./ Air Quality I Biolo!:lical Resources I Cultural Resources I Geoloqv and Soils I Hazards and Hazardous Materials I I Hvdrolo!:lY and Water Quality I I Land Use and Plannin!:l Mineral Resources Noise Po~ulation and HousinQ Public Services Recreation TransportationlT raffic Utilities and Service Svsterns Mandatory Findin!:ls of SiQnificance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: II find that the proposed project COULD NOT have a significant effect on the environment, and a I 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 Froiect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. II find that the proposed project 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 required, but it must analvze only the effects that remain to be addressed. ./ I find that because the Initial Study determines that are no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed in the EIR for the Harveston Specific Plan Environmental Impact Report that a supplemental or subsequent EIR need not be prepared. and that the City may rely on the Addendum to approve the Proiect. Signature Date Christine Damko Printed Name Citv of Temecula For G:IPlanning\2007IPR07-0019 Mercedes Benz otTemecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 2 1. AESTHETICS. Would the project: I a. b. Issues and SUDDortinQ Information Sources 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 hiphway? Substantially degrade the existing visual character or I quality of the site and its surroundinqs? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact ./ ./ I c. d. ./ ./ Comments: 1.a. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The proposed project is on vacant land. No scenic vistas have been identified per the City's General Plan or will be adversely impacted from developing the proposed project. 1.b. Imoacts remain the same as characterized in the Harveston EIR. No Impact: No major rock outcroppings or historic buildings exist on the project site. The project site is not located on a scenic highway. 1.c. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The proposed project site is currently undeveloped and is within an urbanizing area. Residential developments exist to the east and southeast of the project, and commercial development exists to the south of the proposed development while future commercial development is planned just north, within the City of Murrieta. The proposed service commercial development is an anticipated development that the Harveston Specific Plan and adopted EIR envisioned. 1.d. Imoacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: This project will be constructed in accordance with zoning development standards including maximum height, landscape buffers, and the Mount Palomar Lighting Ordinance. The City of Temecula requires all new development to comply with the Riverside County Mount Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. G:\Planning\2007IPR07-0019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEOA INITIAL STUDY - 2005.doc 3 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. Issues and Suoportino 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-aqricultural use? I 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? Potentially Significant lmoact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact ./ No Impact lb. ./ c. ./ Comments: 2.a. Imoacts remain the same as characterized in the Harveston EIR.. Less Than Significant Impact: According to Figure 5.2-1 labeled "Agricultural Resources" in the Agricultural Resources, Section OS-30 of the General Plan, the project is in an area of farmland of local importance. However, the site is surrounded by industrial development, the 1-15 freeway, and residential homes and there are no other immediate properties in the vicinity of the project which have been allocated for farmland use. The subject site is not currently being used for agricultural purposes, and the City's General Plan Land Use Element has designated the site for Service Commercial uses. 2.b.c. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. G:IPlanning\2007\PR07-0019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 4 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: I a. lb. c. I d. Ie. Issues and SUDoortinq Information Sources Conflict with or obstruct implementation of the applicable air Cluality plan? Violate any air quality standard or contribute substantially to an existinq or I?roiected air qualitv 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 of people? Potentially Significant Impact Potentially Significanl Unless Mitigation Incorporated ,/ No Impact Less Than Significant Impact ,/ ,/ ,/ ,/ Comments: The general impacts related to air quality issues from development of the project as part of the implementation of the Specific Plan are forecast on pages 5-88 through 5-103 of the certified Final EIR. The analysis of the Specific Plan, including the service commercial phase of development, concluded that Air Quality impacts were anticipated to exceed SCAQMD's daily threshold emission levels and would not be reduced to less than significant even with mitigation. Mitigation measures were identified to address short-term and long-term impacts. A Statement of Overriding Considerations was adopted for the air quality impacts. 3.a.b. Imoacts remain the same as characterized in the Harveston EIR. Potentially Significant unless Mitigation Incorporated: The proposed project is the amendment of existing Development Agreement in order to construct the final phase of an approved Specific Plan. The EIR analysis concluded that implementation of the Specific Plan, including the final emissions were determined to be at or above thresholds during construction and operation even with mitigation. 3.e. ImDacts remain the same as characterized in the Harveston EIR. Potentially Significant unless Mitigation Incorporated: The proposed project does not include uses or encompass large enough project to cause significant changes in area climate. No additional impact is identified and no mitigation is required. 3.d.e. ImDacts remain the same as characterized in the Harveston EIR. No Impact: During construction, the proposed project includes operations that will have diesel odors associated with equipment and materials. None of these odors are permanent, nor are they normally considered so offensive as to cause sensitive receptors to complain. Diesel fuel odors for construction equipment and new asphalt paving fall into this category. Based on the short-term of the emission and the characteristics of these emissions, no significant odor impacts are forecast to result from implementing the proposed project. G:IPlanning\2007\PR07-Q019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 5 b. c. d. e. f. 4. BIOLOGICAL RESOURCES. Would the project? a. Issues and SupPOrtinplnfonnallon 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 Impact Polenlially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ./ ./ ./ ./ ./ ./ The general impacts related to biological resources from development of the project as part of implementation of the Harveston Specific Plan are forecasted on pages 5-148 through 5-158 of the certified Harveston Final EIR. Several biological studies were conducted to evaluate biological resources within the Specific Plan which includes this proposed project and general scope. A summary of studies and technical reports are included in the certified EIR for the Harveston Specific Plan and are incorporated by reference into this analysis. The EIR concluded that no significant resources were present on the site and that no adverse impacts to the on site biological resource issues would result from the implementation of this part of the Specific Plan. The EIR also addressed that alteration of the project areas from their existing conditions, and removal of non-native grasslands would not contribute incrementally at any level of biological significance to general losses of natural habitat within the local area. However, the project, in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative loss of biological resources. The project's incremental contribution to this impact will be mitigated to a less than significant level with the implementation of mitigation measures listed in the Harveston Final EIR. No additional biological impacts would occur from the project implementation that was analyzed in the Harveston EIR. G:IPlanning\2007\PR07-o019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEQA INITIAL STUOY - 2005.doc 6 4.a. Imoacts remain the same as characterized in the Harveston EIR: Less Than Significant Impact: The site is currently completely disturbed from the mass grading, weed abatement, and storm water controls completed in the previous Harveston Specific Plan development on other locations. No biological resources remain onsite. The proposed project would not disturb or destroy any biological resources. There is no blue-line stream currently on site and drainage on site has been altered through the implementation of earlier phases of the Harveston Specific Plan and anticipated by the Harveston EIR. 4.b. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: No sensitive (rare or endangered) plant, invertebrate, fish, amphibian, bird or mammal species are known or expected to reside within, or occur in a resource-dependant relationship with, any portion of the overall site within the Harveston Specific plan. The Harveston Specific Plan occurs within the Stephens kangaroo rat (SKR) habitat conservation plan area, and the Harveston EIR provided mitigation measures to reduce potential impacts. In addition, a further analysis was conducted before the adopted of the Final Harveston EIR, which concluded that the overall impact development was not impact the SKR. 4.c. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: According to the Harveston Specific Plan Final EIR, the entire Harveston development will impact approximately 2.86 acres of "waters of the United States." No wetlands or riparian plant communities will be affected by the project. The applicant for the Harveston Specific Plan (Lennar Homes) has already obtained a 404 permit from the Army Core of Engineers and a 1603 permit from the California State Department of Fish and Game. Mitigation for these impacts included avoidance and habitat creation. No additional significant impacts are expected from the current proposal. 4.d. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The project site is currently disturbed. It is surrounded by other urban uses, existing single family residential, and the 1-15 freeway making it isolated from habitat areas making it generally unsuitable as a wildlife movement corridor. The project site is not located within wildlife movement corridor and the lack of habitat resources indicate that the proposed project will create a less than significant impact. 4.eJ. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The proposed project does not interfere with any local or State conservation plans or policies. In fact the project has already been anticipated within the Harveston Specific Plan, Harveston EIR, City of Temecula General Plan and General Plan EIR. G:IPlanning\2007\PR07-0019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 7 5. CULTURAL RESOURCES. Would the project: c. Issues and SUDoortina Information Sources 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 archaeoloqical resource pursuant to Section 15064.5? Directly or indirectly destroy a unique paleontological I resource or site or uniaue qeoloqic feature? Disturb any human remains, including those interred I outside offormal cemeteries? Potentially Significant Imoact Potentially Significant Unless Mitigation Incorporated less Than Significant Imoact ,/ No Imeact I a. b. ,/ ,/ I d. ,/ Comments: Cultural Resource studies were submitted and reviewed within the Harveston EIR. Mitigation measures were identified and determined that less than significant impacts related to cultural resources for this project. 5.a.-d. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The project consists of land that has been previously disturbed as a result of maintenance activities and other human related disturbances. Cultural resources of either prehistoric or historical origin were not observed within the site boundaries. Due to possible potential for such resources to occur on the property, the EIR provided mitigation measures for future development to comply with. G:IPlanning\2007\PR07-G019 Mercedes Benz of Ternecula DP Pre ApplPlanninglCEOA INITIAL STUDY - 2005.doc 8 6. GEOLOGY AND SOILS. Would the project: Issues and SUDoortinq Information 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.) I ii. I Stronq seismic qround shakinq? I iii. I Seismic-related' qround failur~, includinq liquefaction? I iv. I Landslides? I b. I 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 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: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact less Than Significant Impact .,/ .,/ or' .,/ .,/ .,/ or' .,/ The general impacts related to geology and soil issues from development of the project as part of the implementation of the Specific Plan are forecast on pages 5-121 through 5-133 of the certified Harveston EIR. The analysis of the Specific Plan, including the proposed development concluded that no significant adverse impacts to geology or soil resources would result from the Specific Plan implementation. Several mitigation measures were identified to address the project site geology and soil resource impacts. A geotechnical report of the site was prepared as part of the environmental analysis in the certified EIR for the Specific Plan. 6.a.i. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: According to the City's General Plan EIR and the Harveston Specific Plan, the site is not located with an Earthquake Fault Hazard Zone as defined by the State of California and County of Riverside. The site could, however, be subjected to significant shaking in the event of a major earthquake on the San Jacinto fault or other nearby regional faults. As mitigation measures, the current project will need to comply with the Harveston EIR mitigations of building structures in accordance with the current UBC seismic codes and local ordinances. G:IPlanning\2007\PR07-{)019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 200S.doc 9 6.a.ii-iii. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The principal seismic considerations for most structures in southern California are surface rupturing of fault traces and damage caused by ground shaking or seismically induced ground settlement. The possibility of damage due to ground rupture is considered low since active faults are not known to cross the site. Lurching due to ground shaking from distant seismic events in not considered a significant hazard. The project will be required to comply with all building code requirements per the State Building Code to help mitigate the risk of damage during strong seismic ground shaking as required in the Harveston EIR. 6.a.iv. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The Harveston EIR concluded that there is a low potential for earthquake induced landslides or rock falls on the project site because the site and its surroundings are essentially flat. As a result, no impacts will occur or mitigation is required for landslides or rock falls. 6.b. jmoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The proposed development of the project site will expose it to potential erosion and downstream sedimentation. The Harveston Specific Plan and City General Plan require mitigation for erosion control. Further, the State- wide NPDES program requires every project with ground disturbance greater than five acres to implement a Storm Water Pollution Prevention Plan (SWPPP) during project construction and operation. Best Management Practices (BMPs) are identified in the SWPPP to control erosion on a site any sedimentation generated by disturbing the site forf development with conformance to the NPDES program. 6.c.d. Imoacts remain the same as characterized in the Harveston EIR: Less Than Significant Impact: The Harveston EIR identified that the project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of this project, and potentially result in on or off-site grading landslide, lateral spreading, subsidence, liquefaction, or collapse. The applicant will be required to prepare soils reports prior to issuance of a grading permit. 6.e. Imoacts remain the same as characterized in the Harveston EIR: Less Than Significant Impact: The Harveslon EIR identified that the project site will be served by a sewer collection system owned by Eastern Municipal Water District. G:IPlanning\2007\PR07-0019 Mercedes Benz of Ternecula OP Pre ApplPlanninglCEQA INITIAL STUOY - 2005.doc 10 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. b. c. d. e. f. g. h. Issues and Supportin51 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, would the project result in a safety hazard for people residing or workinQ 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 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 Impact Potentially Significant Unless Mitigation Incorporated No Impact less Than Significant Impact ./ ./ ./ ./ ./ ./ ./ ./ 7.a Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The proposed project will use the existing Ynez Road and a future road to be developed with the project as the ingress and egress point. At this time, there are no hazardous materials proposed for the project. However, all chemicals stored, used, and handled at facilities are required to ensure that proper types of fire and life safety protection systems and procedures in place by the City Fire Department. Therefore, there will be no significant hazard to the public or environment from the routine transportation, use, or disposal of hazardous materials. 7.b. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: It is not anticipated that the project would create a significant hazard to the public environment through reasonably foreseeable accident conditions involving the release of hazardous materials into the environment. G:\Planning\2007\PR07-Q019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 11 7.c. Imoacts remain the same as characterized in the Harveston EIR: No Impact: No schools are located within one mile of the site. The proposed project and construction on the property does not include any activities or uses (at this time) that would pose a potential health hazard to the local population or the nearby school. 7.d. Imoacts remain the same as characterized in the Harveston EIR: No Impact: The Harveston EIR indicates no past uses that may have involved hazardous materials. 7.e.f. Imoacts remain the same as characterized in the Harveston EIR: No Impact: According to the Harveston EIR and the City's General Plan EIR, the project site is not located within an airport land use plan or within two miles of a public or private airstrip. No impact upon airport uses will result from this proposal. 7.g. Imoacts remain the same as characterized in the Harveston EIR: No Impact: The proposed project is not located in an area and is not within a portion of an emergency response or evacuation plan and will be designed to allow for adequate emergency vehicle access to the site. Therefore, the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. 7.h. Imoacts remain the same as characterized in the Harveston EIR: No Impacts: The proposed project is not located in or near wild land 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 wild land fires. G:\Planning\2007\PR07-0019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEOA INITIAL STUDY - 2005.doc 12 I f. g. I h. Ii. 8. HYDROLOGY AND WATER QUALITY. Would the project: a. Issues and Suooqrtino 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 qrantedl? 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 floodinq 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 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? Place within a 1 OO-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 by seiche, tsunami, or mudflow? Potentially Significant Imoact Potentially Significant Unless Mitigation Incoroorated No Impact b. c. d. e. i. Comments: Less Than Significant Impact ,( ,( ,( ,( ,( ,( ,( ,( ,( ,( The general impacts related to hydrology and water quality from development of this project as part of the implementation of the Harveston Specific Plan are forecasted on pages 5-138 through 5-147 of the Harveston Specific Plan Final EIR. The Harveston Specific Plan has the potential to result in a long term impact on water quality due to the addition of pollutants typical of urban runoff. Storm water flows from the future buildout of the Specific Plan project will be subject to the NPDES permit process, as addressed in Harveston EIR and is a City requirement. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in cumulative impact to hydrology and drainage issues. The project's incremental contribution to this impact will be mitigated to a level less then significant. Water runoff will cumulatively increase due to the introduction of impervious surfaces. The mitigation measures listed in the Harveston EIR will reduce the project's incremental cumulative impacts to an impact if less than significant. G:IPlanning\2007IPR07-0019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 13 B.a. Imoacls remain the same as characterized in the Harveston EIR: Less than Significant Impact: The project proposes an amendment to a Development Agreement and the future development of a car dealership. This type of development typically generates domestic and/or municipal wastewater that does not require pretreatment or waste discharge requirements. No water quality standards are forecast to be violated by implementing the proposed project which will deliver its wastewater flows to the regional wastewater plant. During construction and occupancy, Best Management Practices (BMP's) will be implemented which will control storm water runoff pollution to a level of no significance. B.b. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: Groundwater related problems are not expected to be encountered during site development. The proposed project does not include any extraction of groundwater, so no adverse direct impact can result from implementing the proposed project. Less than significant impacts are anticipated. 8.c. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: Through the implementation of the project SWPPP, erosion and siltation issues are controlled to a less than significant impact and this project would not result in substantial erosion or siltation on or off site. 8.d.-f. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The future project would increase runoff as a result of increasing the impervious surface on the project site. The Harveston EIR mitigation measures and City requirements impose mitigations to detain surface water runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. 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 water quality control measures identified in the future project specific WQMP have either been incorporated into the design of the project or have been added to the project with specific conditions of approval and are expected to eliminate potential adverse impacts to receiving waters. 8.g.h. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: No future buildings or structures will be located within the 100-year floodplain according to the City's General Plan as a result of implementing this project. No significant flood hazards are expected to occur from developing the project site as proposed. 8.i. Imoacts remain the same as characterized in the Harveston EIR: Less than Significant Impact: The future project would not expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. The subject property is not located within a dam inundation area per the City's General Plan. In addition, the City has implemented a multi-hazard functional plan pursuant to the California Emergency Services Act. The proposed project does not contain critical or essential facilities (at this time). 8.j. Imoacts remain the same as characterized in the Harveston EIR: No Impact: Due to the project area's distance from the ocean and higher elevation, there is no potential for a tsunami. The project area is not located near a large surface water body and there is no potential for inundation by seiche or mudflow. G:IPlanning\2007\PR07-0019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 14 9. LAND USE AND PLANNING. Would the project: I a. b. Issues and SUPPOrt.i~ Information Sources Physicallv 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 Impact Potentially Significant Unless Mitigation IncofDorated Less Than Significant Impact .; .; No Impact I c. .; Comments: The general impacts to land use and planning of the Harveston Specific Plan, of which the proposed project is a component, are forecast on pages 5-3 to 5-24 of the Harveston EIR. The EIR concluded that in conjunction with other past, present, and foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. The future development of the project is consistent with the City of Ternecula General Plan, City Development Code and Subdivision Ordinance and City-wide Design Guidelines. No significant cumulative land use consistency impacts are anticipated. The EIR determined that no significant impacts have been identified; therefore no mitigation measures are necessary. 9.a.b. Imoacts remain the same or less than as characterized in the Harveston EIR. Less than Significant Impact: The future proposed development and amendment to the development agreement would not conflict with the General Plan designation, Zoning Ordinance, or Harveston Specific Plan. The proposed project would develop the final phase anticipated and shown in the Harveston Specific Plan and comply with all applicable rules and regulations. The proposed development would not physically divide an established community. The proposed development was anticipated and expected according to the adopted Harveston Specific Plan. 9.c. Imoacts remain the same or less than as characterized in the Harveston EIR. Less than Significant Impact The Harveston EIR has already researched, analyzed, and provided mitigations for habitat conservation. No jurisdictional drainage features or riparian/riverine habitat occur inside the project site. No vernal pools or fairy shrimp habitat were observed on the project site. Please refer to the Biological Section for a full discussion of this item and details of the mitigation measures required. G:IPlanning\2007\PR07-Q019 Mercedes Benz of Temecula OP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 15 10. MINERAL RESOURCES. Would the project: b. Issues and Supoortinq 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 Qeneral plan, specific plan or other land use plan? Potentially Significant Imoact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact ./ a. ./ 10.a.b. Imoacts remain the same as characterized in the Harveston EIR. No Impact: According to the California Geological Survey, no known mineral resources exist in the City of Temecula. Future development pursuant to the City's General Plan will not result in the loss of known mineral resources. G:IPlanning\2007\PR07-Q019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEOA INITIAL STUDY - 2005.doc 16 11. NOISE. Would the project result in: a. lb. c. d. e. f. Issues and SumlOrtina Information 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 ground borne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the iJroject? 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 project area to excessive noise levels? Comments: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact less Than Significant Impact ./ ./ ./ ./ ./ ./ The general impacts related to noise issues from development of the project as part of implementation of the Harveston Specific Plan are forecasted on pages 5-104 through 5-120 of the Harveston EIR. The analysis of the Specific Plan, including the development of the subject property, concluded that the high future traffic noise environment in the vicinity of the project is almost exclusively due to cumulative growth. The impact would occur with or without the future proposed project. If the impact would occur without the project implementation, and if the project contribution is de minimis, the cumulative impact is also considered less than significant. Mitigation measures were identified to address long-term project noise impacts and standard conditions of approval for controlling construction noise. A Noise Assessment was prepared as part of the environmental analysis in the EIR. 11. a.-d. Imoacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: Temporary construction noise impacts would increase noise levels in the area and is considered a short-term impact to ambient noise levels. Noise generated by equipment can reach high episodic levels, but these episodes are of relatively short duration and typically restricted to day light hours. In order to control construction noise levels to a level consistent with the City's General Plan Noise Element, the Harveston development is required to implement noise reduction measures as part of their Conditions of Approval for grading and building permits. The EIR also provides additional mitigation measures to address construction noise along with construction techniques to reduce interior and exterior noise impacts. Given the location of the proposed development (abutting a freeway and vacant land), the potential for significant noise impacts on sensitive receptors is considered very low. No changes in conditions or the results of the analysis would occur as a result of developing the final phase of the Specific Plan as analyzed in the Harveston EIR. G:IPlanning\2007\PR07-Q019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEOA INITIAL STUDY - 2005.doc 17 11.eJ. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The project is not within two miles of a public airport or private use airport. According to Figure 5.10-4 of the French Valley Future Noise Contours in the Noise Element of the General Plan, the project is not located in the noise impact area fro the French Valley Airport. In addition, the project is not located in the French Valley Airport Land Use Compatibility Zone according to Figure 5.9-3 in the Land Use and Planning Element of the General Plan. Therefore, the project area will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. G:IPlanning\2007\PR07-0019 Mercedes Benz ofTemecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 200S.doc 18 12. POPULATION AND HOUSING, Would the project: a. Issues and SUDoortinq Informahon Sources 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? I Displace substantial numbers of people, necessitating the I construction of replacement housinq elsewhere? Potenhally Significant Impact Potentially Significant Unless Mitigation Incoroorated Less Than Significant Impact ./ No Imoact b. ./ I c. ./ Comments: 12.a. Imoacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: The proposed project is a Development Agreement Amendment to adjust timing thresholds relating to fees and the subsequent development of an automobile dealership within the final phase of the Specific Plan. The project will not provide housing or lead to a significant increase in population or housing. The project will attract people that live outside City limits, and may cause some people to relocate to (or near to) Temecula to their place of employment (future automobile dealership employees), which is considered a moderate indirect affect. However, the project will not induce substantial growth beyond what is projected in the City's General Plan. 12.b.c. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The project will not displace substantial numbers of people or existing housing, as the site is vacant property zoned for service commercial development. Therefore, the project will not necessitate the construction of replacement housing due to displacement of housing or people. G:IPlanning\2007IPR07-0019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 19 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. Ie. I d. Ie. Issues and Suooortinq Information Sources I Fire protection? Police protection? I Schools? I Parks? I Other public facilities? PolenliaJ/y Significant !moad PotentIally Significant Unless Mitigation lncoroorated Less Than Significant Imoact v' v' No Imoact v' v' v' Comments: The general impacts related to public services from development of the project as part of the implementation of the Harveston Specific Plan area forecasted on pages 5-158 through 5-180 of the Harveston EIR. The analysis of the Specific Plan, including the proposed development concluded that the project would not result in significant adverse impacts to any public services. However, cumulative impacts would be significant. The EIR has identified mitigation measures to reduce the cumulative impacts to a level of less than significant. 13.a.b.d.e. Imoacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: The analysis of the EIR concluded that the Harveston development as a whole will create an increased demand for public services and utilities on a local and regional basis, but development of the property within the project will not cause significant numbers of people to relocate within or to the City. Implementation of mitigation measures listed in the EIR will reduce each incremental cumulative impact on the associated public services and/or utilities to a level less than significant. 13.c. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The project itself is not creating a residential use and therefore will have no impact upon, or result in a need for new or altered school facilities. No impacts are anticipated as a result of this project. G:\Planning\2007\PR07-D019 Mercedes Benz of Temecula OP Pre ApplPlanninglCEQA INITIAL STUDY - 2005.doc 20 14. RECREATION. Would the project: b. Issues and SUI?Dortinq Information Sources I ncrease 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 Imoact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact ./ a. ./ Comments: 14.a.b. Imoacts remain the same or less than as characterized in the Harveston EIR. No Impact: The future proposed project is a commercial development and does not include housing. The Specific Plan does include existing residential uses, which are not considered at this time. Therefore, no demand for recreation would be generated from the commercial project and Development Agreement Amendment implementation. No demand for recreation facilities or parks would result from the implementation of the proposed project. G:IPlanning\2007\PR07-0019 Mercedes Benz of Temecula DP Pre AppIPlannlnglCEQA INITIAL STUDY - 2005.doc 21 Ie. I f. g. 15. TRANSPORTATION/TRAFFIC. Would the project: a. Issues and SUDPortinQ Information Sources Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or con8estion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management aqency for desianated roads or hiqhways? 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.q., farm eQuipmentl? I Result in inadequate emerQency access? Result in inadequate parkinq capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicvcle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact b. c. d. Comments: Less Than Significant Impact ./ ./ ./ ./ ./ ./ ./ The general impacts related to transportation/traffic issues from development of the project as part of implementation of the Harveston Specific Plan are forecasted on pages 5-35 through 5-87 of the Harveston EIR. Extensive mitigation measures were identified to reduce circulation impacts. The analysis concluded that with the mitigation measures incorporated, no potentially significant impacts would occur to the circulation system as a result of the Specific Plan implementation. However, cumulative impacts to circulation would be potentially significant. The future project will be required to pay fair share to circulation system components that are impacted by cumulative traffic growth in the Temecula region. Based on the identified project specific and cumulative impacts of the proposed project, the EIR concludes that potential project specific and cumulative effects of the project are effectively mitigated to a less than significant impact level based on the mitigation measures identified in the EIR. 15.a. Imoacts remain the same al'; c::haracterized in the Harveston EIR. Less than Significant Impact: The City of Temecula has identified the minimum level of service (LOS) as 'D' or better for City intersections not adjacent to the interstate freeways and LOS 'E' for intersections and ramps adjacent to freeways. As described above, the project will generate traffic. However, the traffic generated by the development of the Specific Plan was anticipated by the Harveston EIR and mitigation measures were included to reduce traffic impacts to less than significant levels. The Harveston EIR also identified potentially significant cumulative impacts to the City circulation system due to potential growth in that area that cannot be mitigated to a less than significant level. No new or greater impacts to circulation will result from project implementation that were not analyzed in the Harveston EIR and recently validated in the General Plan EIR updated in 2005. 15.b. Imoacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: New road improvements were proposed and constructed as part of the earlier phases of the Harveston Specific Plan. Any design proposed for road improvements or parking facilities will meet the City's design standards that are deemed to be sufficient so as to create no traffic flow hazards. Based on the approved Specific Plan and EIR the proposed project is not forecast to pose significant hazards to pedestrians, bicyclists, or vehicles. G:IPlanning\2007\PR07-0019 Mercedes Benz ofTemecula DP Pre App\PlanninglCEQA INITIAL STUDY - 2005.doc 22 15.c. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The project site is located approximately seven miles from the nearest airport, French Valley, and therefore project implementation has no potential to adversely impact any air traffic patterns. 15.d. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The proposed circulation system improvements associated with the project will be installed in conformance with the City's circulation system and Harveston Specific Plan requirements. Implementation of the required measures will ensure that no residual traffic hazards result form the construction of the roadways in conjunction with the proposed project. 15.e. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The Fire and Public Works Departments will review all proposed projects and determine that there is adequate internal emergency vehicle access. The future proposed development will have no effect on emergency access to adjacent parcels after development. 15.f. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The future project will be developed to be consistent with the parking requirements of the City's Development Code. No adverse parking capacity impacts are forecasted to occur. 15.g. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The City of Temecula mass transit is provided by the Riverside Transit Authority (RTA). The future project will be required to be designed consistent with adopted policies, plans, or programs supporting this alternative transportation. No conflict or adverse impact to adopted alternative transportation policies, plans or programs is forecast to occur from implementing the proposed project. No impacts are anticipated. G:IPlanning\2007IPR07-0019 Mercedes Benz of Temecula DP Pre ApplPfanninglCEQA INITIAL STUDY - 2005.doc 23 I a. b. I f. I g. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: c. Issues and SUDDortina lnfonnation Sources Exceed wastewater treatment requirements of the applicable ReQional Water Qualitv 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 proiect's solid waste disposal needs? 'Comply with federal, state, and local statutes and I reQulations related to solid waste? Potentially Significant Imoact Potentially Significant Unless Mitigation Incorporated No Impact ./ d. e. Comments: Less Than Significant Imoact ,( ,( ,( ,( ,( ,( The general impacts related to utilities from development of the project as part of the implementation of the Harveston Specific Plan are forecast on pages 5-158 through 5-180 of the certified Final EIR. The analysis of the EIR concluded that no significant adverse impacts would affect any utilities. However, cumulative impacts would remain significant. Standard conditions and a few mitigation measures were identified to address project specific potential adverse impacts that were identified in the analysis. The future proposed project may adversely impact utilities in one of two ways: first, during construction existing utility lines may be affected by construction and the lines relocated, either within the existing alignment or along another alignment; and second, over the long term the project would utilize a particular utility service. 16.a. Imoacts remain the same as characterized in the Harveston EIR. No Impact: The proposed project will deliver wastewater to the Eastern Municipal Water District (EMWD) wastewater treatment plant in Temecula. Through the payment of annexation fees and sewer connection fees, the impact of implementing the proposed project on sewage systems is forecast to have no impact. 16.b. Imoacts remain the same as characterized in the Harveston EIR. No Impact: Through the payment of water district fees, sewer connection fees, and meter installation fees, the impact of implementing the proposed project in sewage systems is forecasted to be less than significant. Adequate capacity exists in each system for this project to be implemented without causing adverse impacts. G:IPlanning\2007\PR07-Q019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEOA INITIAL STUDY - 2005.doc 24 16.c. Imoacts remain the same as characterized in the Harveston EIR. 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 conditions of approval to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. 16.d. Imoacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: 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. 16.e. Imoacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: Adequate wastewater treatment capacity has been identified by the EMWD to meet the current and immediate future demands in its service area, including the proposed project. 16.f. Imoacts remain the same as characterized in the Harveston EIR. No Impact: 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. Solid waste mitigation measures identified in the General Plan EIR must be implemented by all projects in the City to meet the City's source reduction requirements. 16.g. Imoacts remain the same as characterized in the Harveston EIR. No Impact: By participating in the City's source reduction and recycling element, the proposed project will comply with all statues and regulations for managements of solid waste. The proposed commercial project does not pose any significant or unique management requirements. G:IPlanning\2007IPR07-Q019 Mercedes Benz ofTemecula OP Pre ApplPlanninglCEOA INITIAL STUDY - 2005.doc 25 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. b. c. Issues and SuooorttnQ Information Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California 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 projects, 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 Impact Potentially Significant Unless Mitigation Incorporated No Impact less Than Significant Impact ./ ./ ./ The proposed project consists of a Development Agreement Amendment to defer the required development fees from the first building permit to the first building permit outside of this development agreement amendment to provide for the future development of an automobile dealership. The project is part of the Harveston Specific Plan and is permitted under the Specific Plan regulations. The construction and operation of this proposed project has been evaluated as having no potentially significant effects that are significantly greater that those analyzed in the EIR and that would not be reduced to less than significant level with mitigation incorporated from the Specific Plan EIR. In addition, changes in circumstances for issues as biological resources (MSHCP), water quality (SWPP and WQMP), and air quality do not result in additional significant adverse impact that requires new mitigation measures. 17.a. Imoacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: Potentially significant environmental impacts associated with the proposed project have been identified in the areas of biological and cultural resources for the Specific Plan in the Specific Plan EIR. However, based on technical studies for these issues, all were reduced to a less than significant impact level by implementing the mitigation measures identified in the Harveston EIR. 17.b.c. ImDacts remain the same as characterized in the Harveston EIR. Less than Significant Impact: Potentially significant long-term and cumulative impacts of the proposed project as part of the Specific Plan were analyzed in the EIR. Because the proposed development was anticipated in the City's General Plan EIR and Harveston EIR, no further analysis of cumulative issues is required and the findings in the Initial Study are consistent with the findings in the Harveston EIR. The proposed project would have impacts that remain relatively the same as those evaluated in the Specific Plan EIR. The project complies with existing land use designations and zoning standards. With the identified mitigation required as part of the EIR, the project is not forecast to cause any significant adverse environmental impacts to any of the environmental issues addressed in this Initial Study or EIR. The project does not anticipate environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly, therefore less than significant impacts are anticipated. G:IPlanning\2007\PR07-D019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEOA INITIAL STUDY - 2005.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 analvses 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 mitiQation measures based on the earlier anal'{sis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 18. a.b. A previous CEQA analysis of the site for the proposed project includes the EIR for the Harveston Specific Plan (November 2000) for the purpose of developing the Harveston Specific Plan. The proposed project is consistent with the Harveston Specific Plan. 18.c. See Harveston EIR for list of mitigation measures. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. 3. Harveston Draft Environmental Impact Report 4. Harveston Final Environmental Impact Report G:\Planning\2007\PR07-0019 Mercedes Benz of Temecula DP Pre ApplPlanninglCEQA INITiAL STUDY - 2005.doc 27 ATTACHMENT NO.4 EIR ADDENDUM G:IPlanning\2007\PA07-G252 Winchester Hilis Commercial Oev AgreelPlanninglPC STAFF REPORT.doc 8 ADDENDUM TO THE HARVESTON SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT This document is an Addendum to the Harveston Specific Plan Environmental Impact Report ("EIR"). Pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal. Code of Regs. ~15000 .et. Sea.), the City of Temecula has prepared this Addendum to make minor changes to a previously certified EIR. Additionally, pursuant to CEQA Guidelines section 15164 (e), the Addendum must include a brief explanation of the City's decision not to prepare a subsequent or supplemental EIR. Project Description The proposed project is the First Amendment to the Harveston Specific Plan Development Agreement to adjust development timing thresholds from the first building permit to the first building permit outside of "Parcel A" and "Parcel B" as defined in the proposed First Amendment for a proposed car dealership. The agreement will also provide findings to avoid prevailing wages on the future construction of the car dealership. The future car dealership is proposed to be developed within Neighborhood 12 of the Harveston Specific Plan and would be located on the west side of Ynez Road, north of Date Street, adjacent to east side of Interstate 15 freeway and the southern boundary line of the City of Murrieta. A separate Development Plan would be required for the design and approval of the future car dealership. Legal Standard As noted above, an addendum should include a brief explanation of the lead agency's decision not to prepare a subsequent or supplemental EIR. A lead agency may only require the preparation of a subsequent or supplemental EIR under very narrow circumstances. Section 15162 of the CEQA Guidelines states: "(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless that lead agency determines, on the basis of substantial evidence on the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity if previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be infeasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternatives; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative." Further, Section 15163 allows for the preparation of a supplement to an EIR in the following circumstances: "(a) The Lead or Responsible Agency may choose to prepare a supplement to an EIR rather a subsequent EIR if; (1) Any of the conditions described in Section 15162 would require the preparation of a subsequent EIR; and (2) Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation." CEQA Findings The City prepared an Initial Study to determine whether the amendment of the Development Agreement triggered any of the conditions (described above) which require the preparation of a subsequent or supplemental EIR. The City hereby incorporates the Initial Study as part of this Addendum. The Initial Study evaluated the impacts of the proposed amendment of the Development Agreement on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation/Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance. The Initial Study compared the environmental impacts of the proposed amendment of the Development Agreement with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Harveston EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by the proposed amendment to the Development Agreement. Nor will the proposed extension to the Development Agreement increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Harveston EIR. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. Further, the Initial Study analyzed whether new information exists that indicated that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity if previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures, and no change in the mitigation measures previously discussed, the City finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the proposed extension to the Development Agreement. ATTACHMENT NO.5 FEE CREDIT AGREEMENT G:\Planning\2007\PA07-G252 Winchester Hills Commercial Dev Agree\Planning\PC STAFF REPORT.doc 9 DRAFT: SEPTEMBER 27, 2007 FEE CREDIT AGREEMENT BY AND BETWEEN THE CITY OF TEMEUCLA AND JONESIBLUMENTHAL TEMECULA REAL PROPERTY LLC THIS AGREEMENT is made by and between the City of Temecula, a municipal corporation, and JonesIBlumenthal Temecula Real Property LLC, a Nevada limited liability company ("Developer") and is made and entered into as of October 9, 2007. In consideration of the mutual covenants set forth in this Agreement, the parties hereto agree as follows: I. Recitals. This Agreement is made with respect to the follow facts and for the following purposes, which each of the parties acknowledge and agree to be true and correct: A. Developer is a Nevada limited liability company authorized and licensed to do business in the State of California. B. Developer is in escrow to purchase Parcel A and Parcel B, as described on Exhibit A. C. Upon close of escrow, Developer will develop Parcels A and B as one or more facilities for the retail sale and service of high end motor vehicles. D. The development of Parcels A and B is subject to and governed by that certain Development Agreement dated as of August 28, 2001 by and between the City, Lennar Homes, Inc., and Winchester Hills I LLC ("Development Agreement"). E. Developer plans to develop a Mercedes motor vehicle dealership on Parcel A ("Dealership"). The estimated cost of the construction of the Dealership is estimated to be thirty six million dollars ($36,000,000.00). The Developer plans to either , develop a "boutique" motor vehicle dealership or expand the Mercedes dealership on , Parcel B. The estimated cost of the construction ofa dealership facility, or the expansion of dealership facilities on Parcel B is estimated to be ten million dollars ($10,000,000.00). F. Developer expects to employ approximately 100 persons at the Dealership within the next five (5) years. G. Developer and the City desire to provide for the Developer's continued operation of the Dealership within the City. H. The City Council finds and determines that performance of the City's obligations under this Agreement and the undertakings of the Dealership required by this Agreement will promote the public health, safety, and welfare of the citizens of the City and will be of substantial economic benefit to the City as the Agreement will: (1) generate new short term and long term quality employment opportunities within the 1001288.2 September 27,2007 1 DRAFT: SEPTEMBER 27, 2007 City; (2) generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City; (3) preserve and enhance the job/housing balance described in the City's General Plan and various regional plans; (4) develop new and expanded commercial and business facilities; (5) expand and enhance the City's tax base through increased property values and consumer purchasing; and (6) promote the stability and diversification of the City's economy. I. This Agreement places no obligation on the City beyond the year of its execution unless and until: (I) Developer becomes obligated to pay any Parcel A Fees related to the Dealership, and (2) Developer continues in business and maintains its Dealership within the City. J. This Agreement is a contract within the meaning of Section 53511(a) of the California Government Code and therefore subject to a validation action pursuant to Section 860 of the California Code of Civil Procedure. 2. Waiver of Parcel A Fees. A. Pursuant to the Development Agreement, certain fees will be due the City for the development of a motor vehicle dealership on Parcel A. These fees and the approximate amounts thereof are described on Exhibit B attached hereto ("Parcel A Fees"). The final amount of the Parcel A Fees shall be determined upon final approval of the Development Plan for the motor vehicle dealership to be built on Parcel A. The Parcel A Fees shall be deferred for a period of fifteen (15) years from the date of issuance of the Certificate of Occupancy for the motor vehicle dealership to be built on Parcel A ("Deferral Period") in accordance with the provisions of this section. B. If a motor vehicle dealership continuously operates on Parcel A for the duration ofthe Deferral Period, the Parcel A fees shall be deemed paid. C. If during the Deferral Period, a motor vehicle dealership is not operating on Parcel A for a period of two (2) months or more, then any subsequent user shall be required to pay the then-applicable user or City Development Impact Fees less the Fee Credit. The "Fee Credit" shall be an amount equal to the Parcel A Fees, divided by fifteen and multiplied by the number of years a motor vehicle dealership was open for business on Parcel A. 3. Findine-s Concemine- Inanolicabilitv ofPrevailine- Wae-es. A. The City finds and determines that the amount of fees waived for the development of Parcel A pursuant to this Agreement when compared to the Developer's investment in the land costs, public improvement costs, and construction costs in the development of a motor vehicle dealership on Parcel A is de minimus, comprising less than one and sixty four one hundredths percent (1.64%) of the total project cost. 1001288.2 September 27,2007 2 DRAFT: SEPTEMBER 27, 2007 B. Therefore, based on the above finding, the City and Developer have determined that prevailing wages are not required to be paid on the private improvements and development of Parcel A in accordance with Labor Code Sections 1720, et seq. C_ Developer hereby represent to City that it understands and acknowledges the relationship of the Parcel A Fee waiver described in this Agreement and the potential impact on the application of prevailing wages to development on Parcel A, Accordingly, Developer on behalf of itself and its successors in interest (except as provided in Paragraph 8F), hereby expressly and knowingly waive their respective rights under Labor Code Sections 1726 and 1781 to seek recovery against the City of any prevailing wage liabilities they may incur based upon this Agreement. Developer hereby acknowledge that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor" Developer hereby acknowledges that it may have claims which are presently unknown and unsuspected, and such claims in the future. Nevertheless, Developer hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. 4. City Monument Entrance Sil!ll. A. City and Developer desire to design and construct a monument entrance sign for the City on a portion of Parcel A. B. Concurrently with the approval of this Agreement, Developer has tendered to the City an Irrevocable Offer of Dedication of the land necessary for the monument sign along with necessary access and maintenance easements over Parcel A or Parcel B, which Irrevocable Offer of Dedication shall be effective upon both the '""". U lal of this Agreement by the City Council and the close of the escrow conveying Parcel A to the Developer. City agrees to UW1".:....te with the Developer in determining the actual land required for the monument sign once the plans and specifications for the sign are "ppov/ed. City shall accept only such land as is necessary for the monument sign pursuant to the approved plans and specifications for the sign. C. Developer's architect shall design the monument sign for the City to provide a monument entry sign with high quality design and style and compatible with the architecture of the Dealership. The architect shall meet regularly with the Director of Community Services and Director of Planning, or their designees, to discuss concepts and to coordinate the design process. As part of this process the proposed design will need to be reviewed by the City's Infrastructure Beautification Committee. The design of the City monument sign shall be approved by the City Manager. Developer shall submit the final design to the City for approval on or before submission of the application for 1001288.2 September 27,2007 3 DRAFT: SEPTEMBER 27, 2007 Development Plan approval for the Dealership. As used in this Agreement, the "City Monument Sign" shall mean the design of the sign as approved by the City Manager. D. Following City approval of the City Monument Sign design, the Developer and City shall meet and establish a budget for the City Monument Sign. The City Manager shall approve the budget for the City Monument Sign and shall approve any changes to the budget. E. Following approval of the design and the budget, Developer's architect shall prepare construction plans and specifications. The architect shall meet regularly with the Director of Community Services and the Director of Public Works, or their designees, to discuss and coordinate the preparation of the plans and specifications. The plans and specification shall be approved by the City Manager. The plans and specifications shall be submitted for approval on or before the issuance of a building permit for the Dealership. F. Following approval of the plans and specifications, Developer shall construct the City monument sign in accordance with the approved plans and specifications and in accordance with the approved budget. Developer shall payor cause to be paid prevailing wages pursuant to Labor Code Sections 1720 et seq. seq, for the construction of the of the City Monument Sign. G. Developer shall require all contractors working on the City Monument Sign to procure and maintain liability insurance in a policy amount of not less than $2 million in such form and with such provisions as approved by the Director of Finance. Developer shall also procure a labor and materials bond in a form approved by the Director of Finance in the amount of the contracts let for the construction ofthe City Monument Sign. H. The City's Director of Finance shall establish the "Monument Sign Fund." Developer shall contribute the sum of thirty six thousand dollars ($36,000_00) to the Fund which contribution may be made in case or as a credit for design and construction work performed for the City Monument Sign. The City shall contribute the difference between the Developer's $36,000 contribution and the budget amount for the City Monument Sign described in Subsection D. of this Section. Developer shall submit payment requests to the City for reimbursement of its reasonable expenses for design and construction of the City Monument Sign in excess of its contribution in accordance with the approved budget for the City Monument Sign. The form of the payment request and the supporting documentation of the expenses shall be established by the Director of Finance. Developer shall be responsible for any expenses exceeding the approved budget. 5. Renresentations and AlITeements Concerninl! Use of Parcel A and Parcel B as a Motor Vehicle Dealershin or Dealershins. A. Developer hereby agrees on behalf of itself and its successors and assigns (except as provided in Paragraph 8F), that neither Developer nor its successors in 1001288.2 September 27,2007 4 DRAFT: SEPTEMBER 27, 2007 interest, lessee or licensee on the Parcel A and Parcel B shall be a Vehicle Dealer that is Relocating from the territorial jurisdiction of one Local Agency to the territorial jurisdiction of the City but within the same Market Area. B. As used in this section, "Vehicle Dealer" is defined in Government Code Section 53084 and means a retailer that is also a dealer as defined by Section 285 of the Vehicle Code. C, As used in this Section "Local Agency" is defined in Government Code Section 53084 and means a chartered or general law city, a chartered or general law county, or a city and county. "Local Agency" does not include a redevelopment agency that is subject to Section 33426.7 of the Health and Safety Code. D. As used in this Section "Market Area" is defined in Government Code Section 53084 and means a geographical area that is described in independent and recognized commercial trade literature, recognized and established business or manufacturing policies or practices, or publications of recognized independent research organizations as being an area that is large enough to support the location of the specific vehicle dealer that is relocating. With respect to a vehicle dealer, a "Market Area" shall not extend further than 40 miles, as measured by the most reasonable route on roads between two points, starting from the location from which the vehicle dealer is relocating and ending at the location to which the vehicle dealer is relocating. E. As used in this Section "Relocating" is defined in Government Code Section 53084 and means the closing of a Vehicle Dealer in one location and the opening of a Vehicle Dealer in another location within a 365-day period when a person or business entity has an ownership interest in both the Vehicle Dealer that has closed or will close and the one that is opening. "Relocating" does not mean and shall not include the closing of a Vehicle Dealer because the Vehicle Dealer or Big Box Retailer has been will be acquired or has been or will be closed as a result of the use of eminent domain. 6. Effective Date. This Agreement shall be effective upon the date a bona fide escrow closes on the sale of Parcel A and Parcel B to the Developer. Developer shall provide the City with reasonable documentation of the close of escrow. Within thirty (30) days of the close, City and Developer shall approve and execute an Operating Memorandum confirming the effective date of this Agreement. 7. Ooeratinl! Memorandum. The parties acknowledge that refinements and further development of Parcel A may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the administration of the terms of this Agreement. If and when the parties mutually fmd that nonsubstantive changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the terms of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on 100 t 288.2 September 27, 2007 5 DRAFT: SEPTEMBER 27, 2007 behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of Developer, which, after execution, shall be attached hereto as addenda and become a part hereof. 8. General. A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service with return receipt or affidavit of delivery, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by a written notice provided in accordance with this Section. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To: Developer: Jones/Blumental Temecula Real Properly LLC Attention: Garth Blumenthal 3300 Jamboree Road Newport Beach, CA 92660 With a copy to: Fletcher Jones, Jr. c/o Howard Miller, Esq. 7300 W. Sahara Ave. Las Vegas, NY 89117 B. Entire Alrreement. Modifications. This Agreement and the documents referenced herein contain the complete expression ofthe whole agreement between the parties with respect to the obligations set forth herein, and there are no promises, representations, a..,""ments, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein. This Agreement cannot be enlarged, modified, or changed in any respect except by written agreement between the parties. No alteration, supplement, modification or amendment ofthis A&""...ent shall be binding unless executed in writing by all of the parties hereto. The City Manager is 1001288.2 September 27,2007 6 DRAFT: SEPTEMBER 27,2007 authorized to enter into any amendments to this Agreement without any further action by the City Council. C. Aoolicable LawN enue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The venue of any legal action relating to this Agreement shall be in the Superior Court or U.S. District Court, as applicable, with jurisdiction over the County of Riverside. D. Indeoendent Advice of Legal Counsel. Each party acknowledges that it had retained independent legal counsel of its own choice to review this Agreement and that prior to the execution hereof each party has had the opportunity to review the terms ofthis Agreement with its counsel and is entering into this Agreement after such revIew. E. Validitv of AlITeement. All parties agree that this Agreement is legal, valid and binding on each party and enforceable in accordance with its terms. F. ~inding on Successors. Except as further provided in this paragraph, this Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators. In the event that Parcel A and Parcel B revest in Wincester Hills I LLC, this Agreement shall automatically terminate upon the date of revesting and shall be of no further force and effect. G. Attornevs' Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other relief to which it or they may be entitled. H. Time. Time is of the essence of this Agreement. I. Force Maieure Delavs. Nonperformance of any of the conditions or covenants herein by any party hereto shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: acts of God, strike, war, lockout, labor trouble, reasonable inability to secure materials or labor, unreasonable delay by a governmental entity in the issuance of any required governmental permit, license or approval, act of nature (including but not limited to hurricane, earthquake, windstorm, flood, wildfire, or other severe weather or environmental condition) insurrection, riot, casualty, acts of public enemy, governmental restrictions, litigation initiated by a party other than a party hereto or its affiliate, unreasonable acts or failures to act of any governmental agency or entity or unreasonable delays of any contractor, subcontractor or supplier. In such event, nonperformance shall be excused and the time of performance shall be extended only by the number of days the performance is delayed or prevented. 1001288.2 September 27,2007 7 DRAFf: SEPTEMBER 27, 2007 J. Exhibits. The following Exhibits are attached hereto and incorporated herein by this reference as though set forth in full: Exhibit A Description of Parcel A and Parcel B Exhibit B Description Of Parcel A Fees To Be Waived K. Authoritv to Execute this AlITeement. The person or persons executing this Agreement on behalf of a party warrants and represents that he or she has the authority to execute this Agreement on behalf of the party and has the authority to bind that party to the performance of its obligations hereunder. 1001288.2 September 27,2007 8 DRAFT: SEPTEMBER 27, 2007 IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Chuck Washington Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 1001288.2 September 27, 2007 9 DRAFT: SEPTEMBER 27,2007 JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC, a Nevada limited liability company Fletcher Jones, Jr. Managing Member Garth Blumenthal Managing Member 1001288.2 September 27, 2007 10 DRAFT: SEPTEMBER 27,2007 EXHIBIT A LEGAL DESCRIPTION OF PARCEL A AND PARCEL B PARCEL A: Parcel A is described as Parcel A of Lot Line Adjustment No. PA07-0249 recorded as Document No. 07- in the Official Records of Riverside County. PARCEL B: Parcel B is described as Parcel B of Lot Line Adjustment No. PA07-0249 recorded as Document No. 07- in the Official Records of Riverside County. 1001288.2 Sepu.nber27,2007 11 DRAFT: SEPTEMBER 27, 2007 EXHIBIT B DESCRIPTION OF PARCEL A FEES TO BE WAIVED 1001288.2 September 27, 2007 12 "EXHIBIT B" DESCRIPTION'OF PARCEL A FEES TO BE WAIVED" Mercedes Benz City of Tamecula estimated lee enalysis .. Analysts doe! not Include udllty connecllons lBSlrevlsed:912S101 .. fees ars based on thtl current Fee Schedule and a/9 subject to change Assumpfions: ,.) Projflcl will b9 constructed on a l6gaJ lot 2.) Proj8Ct site has 8n improved strBet system 3.) project site has bl!l'BIl rough grad9d 4,) Some fees are calculated by projecl square footage, therolore minor fee adjustments may be necessary NOTE: ff any of the abov8 assumptions are not SCCtIlate, the estimatsd /99 analyses wiN be adjusted. Site acreage: BuUdlng.65.561 SF based on PR07.0019 Landscape percentage (20% minimum) Hardscape Estimated Earthwork quantity: Planning fees Development Plan Architectural Review Environmenlal Determination Conceptual LandscSfle Plan Review Construction Landscape fees Public Works fees ... based on 13.31 acres Grading (Plan check and Inspection) Onsite tees (Plan cneck & Inspection) (estimaled Engineers Cost estimate = $1.162,000) Grading plan review for Planning Grading plan review for Fire WQMP revIew Drainage Study (il n~ded) Building and safety fees .. Permit fees Plan check Strong Motion Building plans for Fire review (Plan check and inspection) Fire fees - Sprinkler (Plan check & Inspection) Alarm (Plan check and inspection) Underground (Plan check & inspection) Hazardous Materials (Plan check & Inspeclion) Spray booth (Plan check & inspeclion) Development Impact Fees: Lind Use = Retail Comrnerclal Street System Improvements component Traffic Signal and T raftic COntrol Systems component Corporate FacUlties component (max: $0.2481SF) Are Protection Facilities component (max: $0.048) "Position Is contingent on full approval 'rom enllre City Council. 13.31 acres 1.51 acres 2.66 acres 9.14 acres 41.024 CY User Fees Development Impact Fees $ 9.758.00 $ 3,250.00 $ 238.00 $ 250.00 $ 2.692.00 $ 1 ,697.00 $ 76.230.00 $ 221.00 $ 5.810.00 $ 1.500.00 $ 1.933.00 $ 8,526.00 $ 5.684.00 $ 1,113.90 $ 3,321.50 $ 1,857.00 $ 1,863.00 $ 1,440.00 $ 1.372.00 $ 914.00 $ $ 16.259.13 $ 3,148.93 Totals $ 129,670.48 $ 19,406.06 Grand Total $ 149,076.54 ATTACHMENT NO.6 NOTICE OF PUBLIC HEARING G:\Planning\2007\PA07-0252 Winchester Hills Commercial Oev Agree\Planning\PC STAFF REPORT.doc 10 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Applicant: Location: Proposal: Environmental: Planning Application No. 07-0252 Winchester Hills I, LLC North west corner and south west corner of Date Street and Ynez Road A proposed Development Agreement Amendment to amend fee timing thresholds related to building permit issuance on the Winchester Hills Development Agreement located within the Harveston Specific Plan service commercial area In accordance with Section 15164 of the California Environmental Quality Act (CEQA), an EIR Addendum will be completed for the project Christine Damko, Associate Planner Case Planner: Place of Hearing: City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: October 3, 2007 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. G:\Planning\2007\PA07-0252 Winchester Hills Commercial Dev Agree\Planning\NOPH-PC.doc ITEM #3 DATE OF MEETING: PREPARED BY: PROJECT DESCRIPTION: RECOMMENDATION: CEQA: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 3, 2007 Betsv Lowrey TITLE: Junior Planner Planning Application Nos. PA07-0085, a Development Plan, and PA07-0084, a Tentative Parcel Map (TPM 35481), to subdivide a 5.3 acre parcel into two lots and construct a three- story 35,000 square foot office building on proposed Lot 1 and a three-story 50,000 square foot office building on proposed Lot 2, generally located at the southwest corner of Rancho California Road and Moraga Road (APN 944-290-022) l8J Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial o Categorically Exempt (Section) (Class) o Notice of Determination (Section) o Negative Declaration l8J Mitigated Negative Declaration with Monitoring Plan DEIR G:IPlanning\2007IPA07.0085 Rancho View Prof Ctr I & II DPIPlanninglPC STAFF REPORT.doc PROJECT DATA SUMMARY Name of Applicant: Bob Crisel/, Rancho View Professional Center Date of Acceptance: March 15, 2007 Mandatory Action Deadline Date: October 3, 2007 General Plan Designation: Professional Office (POl Zoning Designation: Professional Office (POl Site/Surrounding Land Use: Site: Vacant North: Community Commercial (CC)/existing commercial center including a gas station, car wash, restaurant and retail uses Hiqh Density Residential (Hl/existinq apartment complex Medium Density Residential (Ml/existinq apartment complex Professional Office (POllexistinq office buildinq South: East: West: Lot Area: 5.3 net acres (total) 2.6 net acres (proposed Lot 1 of TPM 35481) 2.7 net acres (proposed Lot 2 of TPM 35481) Total Floor Area/Ratio: 31.5 percent (35,000 sq. fl.) FAR proposed/50 percent aI/owed (Building 1 on proposed Lot 1 ofTPM 35481) 42.3 percent (50,000 sq. fl.); FAR proposed/50 percent aI/owed (Buildinq 2 on proposed Lot 2 of TPM 35481 1 Landscape Area/Coverage: 25.5 percent (28,268 sq. fl.) coverage proposed/25 percent required (Lot 1 of TPM 35481) 38,503 sq. fl.; 32.6 percent coverage proposed/25 percent required (Lot 2 of TPM 35481 1 Parking Provided/Required: 175 parking spaces provided/117 parking spaces required (Lot 1 ofTPM 35481) 170 parking spaces provided/167 parking spaces required (Lot 2 ofTPM 35481) BACKGROUND SUMMARY A Development Plan application and Tentative Parcel Map for Rancho View Professional Center was submitted on March 15, 2007. Meetings were held in April and May with staff and the applicant to discuss Development Code requirements, building architecture and design recommendations. The applicant expressed a concern to ensure that the locations of the structures remain as proposed in order to maximize the parking capacity of the Site Plan since there is a potential for medical office uses which they indicate demands higher parking needs than other types of office uses. Staff determined that this request would be acceptable if the applicant improved the physical appearance of G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglPC STAFF REPORT. doc 2 the building through the use of varying materials and architectural enhancements. It was also requested that additional amenities be added to the site with extensive landscaping for adequate screening of the parking lot. The applicant has compiled with staff's request by ensuring 360 degree architecture and incorporating the addition of stone veneer, recessed windows, pilasters and a complementary color scheme that coordinates with the surrounding area. The structures are oriented to face each other for more attractive setting along Rancho California Road without turning its back to Via Las Colinas. A pedestrian pathway was added to connect the two structures and a shared outdoor seating area with a trel/is is a focal point between the two buildings. Although vehicular access wil/ be off of Via Las Colinas, a pedestrian linkage wil/ connect to Rancho California Road. In addition, a sidewalk with a tree-lined landscaped parkway wil/ be instal/ed the entire length of Rancho California Road to provide a picturesque and safe route for pedestrians along a principal arterial street. Staff has worked with the applicant over the last six months to ensure that aI/ concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Tentative Parcel MaD No. 35481 The project proposes to subdivide approximately 5.3 net acres into two similar sized lots so that each building will be constructed on its own separate lot. A reciprocal access, maintenance and parking agreement will be required as a Condition of Approval. The property is zoned Professional Office. The development standards for Professional Office found in Section 17.08.040.B of the Development Code require that lots within this zone have a minimum lot size of 40,000 square feet. lot 1 will be 2.6 acres and lot 2 will be 2.7 acres. The proposed Tentative Parcel Map complies with all applicable development standards as specified in Section 17.08.040.B of the Development Code, including minirnum lot area, minirnum 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 the placement of proposed buildings to comply with front yard, interior side yard, and rear year setback requirements as specified in Section 17.08.040 of the Development Code. Develooment Plan The proposed Development Plan provides for a total of 85,000 square feet of office building area. The maximum building height allowed in the Professional Office (PO) zone is 75 feet and the three-story structures will not exceed 51 feet. The project as designed conforms to all the development regulations listed in the City's Development Code, including building setbacks and lot coverage. Access, Circulation, and Parking The Rancho View Professional Center project site will have two vehicular access points from Via Las Colinas and a pedestrian connection from the site to Rancho California Road at the lyndie Lane intersection. The shared parking lot provides adequate circulation and exceeds parking requirements by 61 spaces. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency service vehicles to the site. The Public Works Department has reviewed the site plan and has determined that the project, as conditioned, provides adequate access points and right-of-way dedications. The City's traffic engineer has analyzed the G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr i & II DPIPlanninglPC STAFF REPORT. doc 3 project and roadway improvements wil/ be required on aI/ roads surrounding the site (Condition of Approval No. 91), including the dedication of an additional 12 feet for street right-of-way along Rancho California Road. The property was also previously analyzed during the review of the apartment complex and commercial project (Temecula Ridge Village) east/adjacent to the site in 2000, and aI/ required mitigation has been implemented including the southerly extension of Moraga Road and a traffic light upgrade at the intersection of Moraga and Rancho California Roads. Architecture The proposed Rancho View buildings are consistent with the Development Code and Design Guidelines, and compatible with other adjacent buildings. Staff has worked with the applicant to ensure that the basic rectangular buildings are architectural/y enhanced with elements to create varying depths and reveals, including recessed windows with green reflective glazing, pilasters, stone, and entrance canopies. The applicant uses color variation in hues of tan to create interest and to help to break up the expansive walls. The buildings also include emphasis at their main entrances with dramatic three-story stone veneer entrances and a decorative aluminum canopy. An aluminum canopy is also provided on the side entrances of Building 1. One of staffs concerns is to ensure the orientation and architecture of the buildings are carefully considered given its elevated visibility along Rancho California Road. Staff has worked with the City's architectural and landscape consultants to ensure a complementary setting as well as 360-degree architecture, and is satisfied with the proposed plans relative to the high visibility of the site. Landscaping The landscape plan exceeds the landscape percentage requirements of the Development Code and Design Guidelines. The project proposes to landscape approximately 29 percent of the entire site, which exceeds the minimum landscaping requirement of 25 percent for the Professional Office (PO) zone. Tree and shrub placement were carefully considered in order to screen onsite parking and soflen building elevations. A tree-lined landscaped parkway at Rancho California Road will additionally enhance the site. The project proposes six different types of trees in various sizes ranging from 24-inch to 48-inch size box trees. Trash enclosures will include vines to grow up along the walls of the enclosure. The project also provides for outdoor seating areas, as well as decorative pedestrian friendly walkways for connectivity between the two buildings. A landscaped median at both vehicular entrances, along with decorative paving at various points throughout the site will further enhance the character. Notice of the public hearing was published in the Californian on September 12, 2007 and mailed to the property owners within the required 600-foot radius. 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: G:\Planning\200TlPA07-0085 Rancho View Prof Ctr I & II DP\Planning\PC STAFF REPORT doc 4 1. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the Tentative Parcel Map (TPM 35481) and Development Plan as described in the Initial Study ("the Project"). Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. 2. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 12, 2007, and expired on October 1, 2007. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. 3. All written comments, if any, received prior to the public hearing along with a response thereto, shall be submitted to the Planning Commission and incorporated into the administrative record of the proceedings. 4. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received (if any) regarding the Mitigated Negative Declaration prior to and at the October 3' 2007 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. 5. Based on the findings set forth in this Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned and upon approval of the Tentative Parcel Map and Development Plan, is consistent with the City's General Plan policies, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends approval of the Tentative Parcel Map and Development Plan, with the attached Conditions of Approval. FINDINGS Tentative Parcel MaD (16.09.140) 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code. Tentative Parcel Map No. 35481 is consistent with the Genera/ Plan, the Subdivision Ordinance, the Development Code, and Municipa/ Code because the project has been designed in a manner that is consistent with the policies and standards in the Genera/ Plan, Subdivision Ordinance, Deve/opment Code, and Municipa/ Code. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\PC STAFF REPORT doc 5 2. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain agricultural use. The subject parcels do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land and is not subject to the California land Conservation Act of 1965. 3. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The site is physically suitable for the proposed office development because the proposed use is consistent with the General Plan and Development Code. The proposed Tentative Parcel Map (TPM 35481) meets the minimum lot size requirements contained within the Development Code, and is consistent with all of the requirements found within City of Temecula General Plan and the City of Temecula Subdivision Ordinance. The subdivision (TPM 35481) is therefore consistent with the Professional Office Zone. 4. The design of the subdivision and the proposed improvements, with Conditions of Approval are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project site does contain sensitive habitat or wetlands. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project, as conditioned by the Fire Prevention Bureau, the Public Works Department, and the Building and Safety Department, will comply with the applicable improvement requirements designed to prevent serious public health problems. Furthermore, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to any issuance of building permits for the subject subdivision, and prior to any construction, the applicant will be required to submit building plans to the City of Temecula Building Department. These plans will be required to comply with all applicable Uniform Building Codes, which also include requirements for energy conservation. Therefore, the construction plans will comply with all applicable building codes and State energy guidelines. 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. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II OP\Planning\PC STAFF REPORT. doc 6 The required right-of-way easements are included on the Tentative Parcel Map (TPM 35481). The City has reviewed these easements and the design of alternate easements, and determined the type of improvements will not conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision. 8. The subdivision is consistent with the City's parkland dedications requirements (Quimby). The subdivision is consistent with the dedication requirement. Develooment Plan 117.05.010.F) 1. The proposed use is in conformance with the General Plan for T emecula and with all applicable requirements of State law and other ordinances of the City. The project is consistent with the General Plan and the Development Code because the project has been designed in a manner that it is consistent with the applicable policies and standards for professional office industrial development. The proposed professional office use is permitted in the land use designation standards contained in the General Plan and Development Code. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including site design, building height, setbacks, parking, circulation, and other associated site improvements is intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. ATTACHMENTS 1. Vicinity and Aerial Maps - Blue Page 9 2. Plan Reductions - Blue Page 10 3 PC Resolution 07-_ - Blue Page 11 (Tentative Parcel Map) Exhibit A - Draft Conditions of Approval 4 PC Resolution 07-_ - Blue Page 12 (Development Plan) Exhibit A - Draft Conditions of Approval 5. Initial Study - Blue Page 13 G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglPC STAFF REPORT.doc 7 6. Mitigation Monitoring Plan - Blue Page 14 7. Public Correspondence - Blue Page 15 8. Notice of Public Hearing - Blue Page 16 G:\PianningI2007IPA07-0085 Rancho View Prof Ctr I & II OPIPlanninglPC STAFF REPORT.doc 8 ATTACHMENT NO.1 VICINITY AND AERIAL MAPS G:IPlanningI2007\PA07-0085 Rancho View Prof Ctr I & II DPIPlanninglPC STAFF REPORT.doc 9 ..0 6' iF i' ,0 " t'! ~ ii ro o w ~ t. VIA PUESTA DEL SOL MARGARITA RO (YNiJ" ~l: l.N " o ~ J:; > 1\ .-""'....". \J>-?-O """",/' \ ,o"'~ -' \ CJ>.\..\"".~ ",,0 _ -""'''" ~,~G,/ ~-,,,P \ "\, ~-" " ".....~"'S OC' ,SG -J\\'-\.. ~"" 11.<;>", . ~ L .,..~ j .<, ~ ''0 % 'l> Q 120 240 Project Site I _ \t-\~~?~~R ,. '" << "'~ U '", .~ " / _ - - \j\SiT>-ftO r;>J>-~O~'O -\- \ \ 48Q 720 960 ,,,' 0"1- '%>~ " O~ ~ , - ~\ I - 1 @............. ~ '. ~ .' ,', l~ .." City of Temecula I PA07-008SI Legend o 160 320 640 960 to -eet 1 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Departmeol and the Transportation and land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and "..~",,"v~, represented on this map are subject to update and modification. The Geographic lrtormation System and oltlersOlScesshouldbequeriedfofthemostcurrentinfomlation. This map is not for reprint or resale. R\G1S\AaronM\$MS Te~lates\sms_template.mxd .... ATTACHMENT NO.2 PLAN REDUCTIONS G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglPC STAFF REPORT.doc 10 RANCHO VIEW PROFESSIONAL CENTER I & II (2) NEW 3-STORY OFFICE BUILDINGS TEMECULA, CALIFORNIA 10",-1.' !lm~ o U ....l <<: ::E'''I' " '"'Ii! 0>::\1, <<: " ~iH I dllll!!1 ... ffi~ g !z~ '" <'i w u ~ 9 ,,~ . ffl ~ a ~ ~ ~ ~ ;l~ (ill!! ~ ~ ~Q ~~ ~ ~ t>; ~ ci < ~ ~ 0. Z \!! 13 $~ '" z w'" g ~ ~~ ~ ~< 0;0 ~i I , II I. , ~ ~-"'--~<.l: ". 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BUILDING 1/3RD FLOOR "'V FUTlJIIe O..'CEIPAC!' 1.111I8. 'u ,'\ 1','.,-; ~,!! I APPLICANT & LAND OWNER I RANCHO VIEW PROFESSI~~:~,~~~~ER L P '1<.._0"'"""'''.....''.... .....'_"m ,,,,,...""""""_...... ,~'.' .. ,.."'".. ..."'~ "",,, ,... ."",,,,,, ARCHITECT WARE MALCOM8 :~'~':;';",r.;;'-...'~'" CIVIL ENGINEER SW ENGINEERING,INC ~:l~.,;,'':','::''''~''' '~'K" ~D<'" ">.<~,, ., "u.""",,,." LANDSCAPE ARCHITECT RIDGE LANDSCAPE ARCHITECTS """,." ",,,,,,,,,,.,,,.. ~:"~;!:;r; ~ KEY PLAN _U~ _ _ ~ __ -~~--- 1111'" ! '::;: o U -l <<: :;E h~ WlI! CX:ll! <<: I' 3: i i~ I tllllllll = ..< -. ffi2 >-;; iD" ~~ <u zW Q~ <n~ <n' tt'~ 0" f~ 3:~ W" >:1 aU B~ H II' 8 ,ii' g! I , .-J i ~:,------;-- ~ j ~ II ,; ~ , ~H.-i-ri--r-- ~ l ~llj'n;: : ~ ~ 11!'1.", ~ "8 Ill, ~ ~..," Ll.l u: U!......._:oE .'n 0.. F:t~ g ,"". w ,I 'G'j n:;;:. I:~'"'" I ~ ~I""" ,01'-...-" ~ !lA2~3-11~ i q .~ ~~ ~ 8 ~~ ~g ~~ ~~ ~I ~ r ~ ~. ~. 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"" .....",.....- .",,, SOUTH EXTERIOR EL~Yf~!.'?~ ~~ ' ..'. -,........ .:., NORTH EXTFR\OR EL~~~?~. ~(D /0_00"" / /, "",,--, /, '''''' /- /'/:=:::'~"..... i ,: : !, / ~.I l i: :ITI:1tl.hT ttrlJ~ ~... TI b ~.. TI IT i _~l1"'~i&~[ /=:~,-"~,, / :::-"--" /-- .. 7 ",-~~''';'J:~:~~~tt~===:::t: -.1. tf.1 "t! :~_I;;LGJ'" _'~,~ PFl--- 41/ - -m--- --co". ,I, 1 /ill'''''"'' "~~~\ - ill'" ,.'\~ E"'~"-~: m r -:J IT - _ -- cr5",- ~'i-"'i~ il H" t ] E ';: I ~ i:\ I~:':"'~~ .. is.'l. __ !..,"""~,,,",-"" I=A~T 1=)(T1=l;!lm:! 1=1 ~~A~~~~. ~.1 3 f'ill- s; "~,,, I APPLICANT & LAND OWNER I RANCHO VIEW PROFESSIONAL CENTER L f:> <" ...~. "'~ """"' ,~""""" .~.."...,-,- ,"" """" "-'''~^ "'^",'~ '" '""" "" ,'" ..,0."'''''''' """.lI""" COLOR LEGEND G:J "."'''' _ ""^' '....."...""~,,.,""~ m ,,,,,,,,..,,~,,, ."".",,, ".'" .",...,,,..,~-~ G:J "'u"' ,~'" .."", .",. ..,'",,, ...",,,.,,,," ..J:J "."""""........,, KEY PLAN - --- --- -=--.~-- - -- ,- i!ll~ o U -l <;:: 2: il! W lt~ 0>::11, ;E Ii ;..> ~ I . 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APPLICANT & LAND OWNER I RANCHO VIEW PROFESSIONAL CENTER L_P, <1,.....,..,"'...".._......, ....._._ ,,,,,.,,,,,,,,,,,,_.,,,.,...,,, ....'''''"" --",,'" """"""" ARCHITECT WARE MALCOMB .,"""'-,.........~". ,,.,.,,.,.,,.It CIVIL ENGINEER SW ENGINEERING,INC .~,," ~,"." ''"''''''..'.< ,,~ .. "".", LANDSCAPE ARCHITECT RIDGE LANDSCAPE ARCHITECTS ~7.;riT:f;'Ml KEY PLAN --~- .!< lIlt'" I '::E o u -l <;: ::El',I .. ,,"Ij! 0<:, I of [I' ;;> ~ I! I dlllJlIi = ". _z ~ a:. W~ ~a ,..- ~$ ~ ~. ,~l <8 ' "! zw I ~; Q~ ,"" ~~ ,"' ~~ 0" D. . ' a:< . ~ 0.- , z ;:~ ~~ 0" ww <z >~ ~g g~ ~o l Uu I H j! II ~ < ~ I;: ~ s as ~ lilr------ 175 ~ III z "II!:! :l 'I~n ~ .H z i~;; ~ i~~~l g, ! ~~,~; u:J ,I' > :1.... '''''""'Ii'S ~ t::'" '~~...." ~ I[ A5.1 I~ ~ loQ ,:;:j ',~'--' "",.~L::..::- :'1$ Tl", ,~.9 .R6 ,,";~~l9 "1 T. "'~~$ 'T'" \-...-... ~"''-'''',... .." ,.......,,,"~ EAST ELEVATION SOUTH ELEVATION '\~-""" i-=J:.:.l -~l , "*""" ./ -'-"--~f- 0'" 8''''- ."..",,,,, ~....- ill ....""'.,,,"" ,~,. ~ ,> .~......._J~Lo-:::;:::;:: "" -~, ,.~""'"""""".'" NORTH ELEVATiON WEST ELEVATION . ".......... ""'''''"""",''''~' ..,....._.."'""""""....oro ~.;---"'...,--""~-,"."'" -~ TRASH ENCLOSURES G:J ...."""'."". ""~" .........,..,..'" """" (I] ._""m"''"'''''.....,.''",.......".",''' ~ """',"".....,,""."" """""....."....'" (!] ~'_""""ft Conceptual Colored Elevations - Buildinq 1 Development Plan Submittal 03,05.07 COLOR LEGENO '-=::"~""'"",'''''. WEST EXTERIOR EL~~A~!~N~ '~; ,,,..., :~.",,;~&~~ti~-/L~~~~-'+'-'=:=:=:=~:~ .A l::q;;rzr P]l;J;f]- ..;;"'" . --'--<:D'~ - --<TI'~ EAST EXTERIOR ELEVATION COLOR LEGEND c "-""=" l=-~ '~c:!:>-_, ..---1-_ "'-,!.' ' 'L'.~ j:j\III.-:--n/ i '"'IT>-- NORTH. E..KTERLQ.~. E~EVA TJON c /-z;~-- - I I ;' / ,-'.-- I r'~ ........- :z.... ,~ ~. l' '1lW ~;.'7$ c"-'- CO! SQUTH EXTERIOftELEYATlON A 062-04S-OO 2J ..~ <0."'- """ _ '''~, ,__ ....." ....,,, '.'.'~ <IJ ""...,.""""."".,_ "''''''''''''''''-''''-''' '.:D """""-",.""""""",, '''''''''''''''''''''''' ill """'._...._~ Conceptual Colored Elevations - Building 2 Development Plan Submittal (112&.01 '~'b~ ','1,,1 ~r, -. , f:\,~:;~jfJ~Ji 'tJ';,~"~;~~~) , ~xJi'.'" ,~~, -< !'~ ~"" ~ ~ n .. r\C{~rH~' ;1 ;;; ljJ '{_," ~_' ~tA~~1~ ~J!~~r (~'J::ll~~~ ':,] ~~~s:~~ .,jtrlb:, '<~ ' "'TI ~ 1'(~n",,'- ~'" ~ J:~'"'.l,w4ti.<':l;l+;.!. \!l'lllk)'!lill' ',' -,<. - """'''',-'' " ~,.-''t! ,_. :: (I"'" - .~; -"'\v-~ ,~>~:; ;\",_ t -..:-~ ----- --- ------------ -,-- WATER CONSERVATION NOTES ",."'I.lD..""WA'""C"".....,."""T'CHNIOU........'oEe_OYOo......""""Ol ......RCO<<.......""......",.."""P'.....TSN.'''''''OtfOT,OR'.''"''"'''...'OS, '''"'''D'"''..O.,",.O'''......'''D'''..... u"C.M"""O:.....W1fH.......'''.''''OU"rn.....'O~'''''''''..,.OI'wAf1'" ...''''DlI'.''''_,.... . ~Ulr"'"' '.''''U'','''O'"'HfLN<D/lCAP';'"l>€'''''_ . ,OIL '~'N"""N,"uTu>EOfO''''''''ovew'ff"~'''-''''''c''''Om',,"''''' .vT""'."C.."'''''TIOH.''TE'''.DJ''S'm............'y_\..''N...'''.'"~ ."0""''''',.,..'"'"'00.........,'''''''...... . 1....,"",,""S'.....O..."".OTOW^"""'..'"'N,........O.,...<JHlSC...... "."COO"''''.'''''''''O . '''''''''''''''''O""'Gt<,,''''ITIVPO",'''''''C'<<<' . FWN.."''''.,.U..O"'~ONJ\J'lC''ONWlTNTl''.V1D.....''''....'''''T'ON.,'f(" .'COMME"OAT10N! GrV'" 'O.""""""-""'lQA'IC",,.,>€OLH L.NDSC^""W.TERuSE C.."F""'"0NwI1HiMJ'''''''''''"',....ca.o"""""', WiTH ST'TEOfCJ.UFOR",^...TERHFlCieNC, ""..........",""_... """'-" ~i~"""""'O\'nH'.NO""...CON.T"OC"ONOOCV'O."'......lT...TOtJE NOTES . :.~~~"~,g:;=::=~"....O'C'-"E""'T"".""'.ET"'''''' . '~r""""8<""""""""'-lC<l""'lYW1TH"'l^""-'C""l.E ""C,..."'....o""E"'...cu....""'o.O..,St""......O. . """""""..""O"D".",,,,,,,,,",,,,,,".,,,,,,,,_<>"'"A "'..IhIUMO'....O'.H.P_"<"..~U"',..",...... BENCH!o TRASH RECEPTACLE I... .,.-- ~.... MOI>",."",,,,,, .........,ac,"""",...._,"""" VI,<Jl.,<J SeoL1^" ............__ "ls .~ '''-. ---....~~ LANDSCAPE TABULATIO~~",-- -LiT."2: L{)J:~1' "er'"H"E'.''''''',F,,''''''.''' NEWl....O."""'A"'A.",.....',....D'>ITl:...'.] "'"lJSU..""E'.',"'''',r4,,,,"' NH'''EA"''.''','''"'I''''''.''! "''''''''0'0"",,,,,,,.,,,,,,,,.,'''''0'''''''''''', "'M'C""'""".,,""F,I'7~' TABLE ~ ~~':~ '- "-, '.....--- -,~~~'/ ,,~ _~-<<'7' .~' '""""'O...O"....'_E .....LJf.c,""'It~t"'"".. C "'-I' , Il"~ 'f HI'- ,Hll, I~ ~1'.'1 ..>', '4~ I 1;, A ~'lUU<.~'_ ","I.' PRELIMINARY PLANT PALETTE (3 '0"'''''''''''''''''' <9 ".._...",..,~ ~ -.."".....,".." (j) ~~,:;:".:." ",,,..,.. 0".",.., ~''"_.." '. ~~"..:;,';::::;:,," j~j-"Wt"""'O_''''''''- ....~o"""'"".,..."_,, D'''''"'~'O''''''''''~ -^"''''.~,,,..,,, ........"".'''0.'.',... '''''''',..'''''''''''',~"... .."""mow'"",,,^,,,,,~ "'"''''''.",-......,"' '^"'"..,..~-"'~."., = "..'''',..--.. ~,"",...".,," ~.,.."'.....".. ......."...,"... "'..'0.....,""',0""',, ~..."^."....., .--.."" ".....," ...., <...~, ''''''''..""0''_"" ".'" "Qw[.""''',, , .- II illl :;E o U ...:J -< ::;;1.! '"lIji ~hi I 1!II!JllI "'I'"'' :~~ ljm . ;;;i::;; _2 ~~ w" ~o z< WU u5 ~o ~U zW Q2j W- W' WO ~~ ~< ~z ,,~ W" >~ OU ~o Ur z~ ~~ 8 , :; ~ ~ ~ j~ ~ '-: "' 0- 0" " " " 5 [~ ~ ~ >. ~ : ~ ~ 0" , , , I' , o " < ~ Q 2 ~ > " < ~ j, ~ " , c " ~ ~ / ~ ~ ~ ~ ~ Z ~ . . Z " , I~ > L 1.0 j~ <..:AUIIUN Ie IHI:, :''1oJ,-1 I:' 'JUI ~'() .4:1 II I~ A ~UJ'J<":t.U f"r<IN I CONSlRUCllON NOTES ~ b --- CONCEPTUAL GRADING PLAN ~DESCRIPllON ""'CEL""'._l.ETIEIlElIum._.OI'.............,...., .._rr..... ""IUS """"'''''''_,, OI'.AII<n -..........-"""''''.''''''"''''''' N.OTE: Q)CONS'JOM;T"",.._..",.,._"''''....<:.O'T,.TD.''''-'OO (i) r""""...........""T..._"" 0)>.1>."""""""''''''' C01'. ""(I'IOI.....IlI..<D..... ""...""',,"'.""" O)rf'CUIIII Co........""--........ ())I.""'.""..... Q)...... .....- (!)OOH.1NClU._,.,........"...,,,.'In.."""'" @OOH....OlCl>lO...,".......AY....IIl!.""...~O","'T,"",""" @OOH""'Ol"""......."'.....~O-".Tt>.""",.. @OOHnoJCl"_'IoUIt"""" @00H",,""',,""<lJ"-"'''''''-O'''''''''3OI @."'....c<-""... Q.)o"""....,"u_......"'...C,Olill',"O,<OO."', QI).E1~_......""unu,...''''oOE...._''''rro'"'.. Qu.rr_......".THEOS Cil)..."OPE..... (]Oo""""."""...<lJTI......c"-'."'''''-'lD @).'..........\IlIUyp'"Illt........"" @.IIIEClUOH'...o.o.f.,,,,""-ooo $~~"""_""'__ll<,,"''''' @,........,....... @.""'......""""-'..."...-.O'I1II.''''''''''-"H''' EXISllNG EASEMENTS: --- ,~. --"- --- SOURCE Of TOPOGRAPHY: 'I """....,rr..............._NC...""""'_ --- PREU~INARY EARlliWORK QU~!1ILES: --- "",".'03o.y, .....,..0-.. ~\ ,"""'..,.'ue> _______ l<Q)I;o..."'.....""""'............n'""-''''''''''.... ~~ '\ .. """""'., THE CIlN,.,.."<>l" ""'.... ."'.."'''.... ~ _______ t< ---' \,."",,'0\'<- if'://' ./ /' .~/ //,' "'.........om__"'''''......'''..._.........'"' fII$'''''''''''1I1\E__.''''''''_''_ /o\:\~'~~,,=,,;,=:;=--- &:~~'?i.~:'~":,:":'~ /' A\="'~".:;,~~:,,,~~,:,~";./ /~.-/'. PROPOSED EASEMENTS: ~./ ./' /" /"" /' ,. :':~::'?"=::',.'r~=="'-"""" /~ "!1/~ 0/0.... " (0_' /,,/ /' /,/ ~. \ n__~._..) /' ,/' "I ,/ ,/ --- SMMXAf .-- ;:.~~';;.~J -- "",,.'-1."'" \.....IIl,""-'''' :.i ~::".;::..., SECllON A-A /' ~;;,'~.f"':" SECllON 8-8 -;=~7/PJr,":~T- ''-..HUN< GR~D, SAWCUT a: D'tallAY OCTAlL "",~-....Jlli ...._0I.T7 ~ I --1-:11 I wi gCllON c-c ttT", ~ , . , <;..i ,:;y ff.7'--~ ,;:-.;;;;:;~~c:,;~ j" L~~~=:=:t7k5::~==~ .tIlI.."", ...-.".,.......7 "[""'-"0"" ..,._"""",.", S~:~i"",~T .~WF.Nt:lNfi'llTN"T>"" --........-.......,......... ;~~.!l:::.:..""'..'OO (..,)""__..1.."."_....'.. I ~ .': - IT _"'... i ('_,","-'lJ/Wl,,,,1 I \ 'i, , , . -" I u_.""... no._""""'."" /' /,., ~; /..~ .~~~ """""""" ~.... /.............-;--::-J ~ .,....""'...../ -' ,~-'/,>' / ./ ~~/ ~" /~~ ,Ii 2' CUR8 OPENING OETAIL " 3D" 0 .' ',0''''''''''''''''''' .TD._.'''''.''' ;',~';;".c:, u...-._....... ~CAl srCllON IN ~ORAaA ROAD ~~, =~_;: c:.,-:J ... 'TO. "'" 200 ~o. "'..... """"""".. TYPICAL SECTION IN VIA LAS COUNAS SECTION D-D !:!!!,CAL SECTION IN RANa.lO CALIFORNIA ROAD - ~ ,.-- m " ! i!l!~ i 0 ! u , ....:i j ~iDl I [:;lItH ~ I' ;:>jlt " I I . 1!1I1ufl l I ; . . , . ! . l = I "'< i _2 8 0:" w~ . I ...0 ~~ a;5 ! Us ffi ~. I ~" ," <u ~~ zw ! ~~ go I ",' ~~ UJ~ I ~o ~o 0" ,". 0:. ~~ I 0.2 3~ ' ~ I W" ~w 5~ o~ I ~~ ~~ , Uu ~ I Z2 i?~ . i II I ~ I 0 0 N , ;! . ! '" . U , ~ l ~ I .J I ~ I " . '" I => "' Z , I~ i Iii , I ~ ~ ,..... 1--- 11; ~ 1-.".... 1'-- ~ 'UJ !I > C1,Q I~ <, .. { ,S I ". .. "j #' -1&!t I..tkJi "'-l# .' .. J, ,,,~.. j " M._......~"'" / ,ro,D"","""'''''''' TY1".......C.._ MCA'L'SECTION IN . , , . " ,. T I' . "\.. I ''''".'o'''"''''''I1!.~1 nfllPRCVEloIENT< 1Jr~i" :,;" ,~~_=_~_==-~ J JF.t.;~I~I;ll.~l'~r[l>oCDIAH_1/ J'D. DI'Ill. NO 112 ~:;':-::~"40' TYP1CAL SECTION IN RANCHO CALlfORNIA ROAD -. - I l 1 N VlCIN,ll'C~AP NOiC..il TENTATIVE PARCEL MAP NO 35481 lYNDIE IN ! ; i '~'-_.'-;-":::'!=~~R'6.iiXiWilir,gJi~ii.."~-=';C-) /"11_ ~:r;::?;=~;;';:~~:'ri " '.' i~~:-;:4'i'it~~ft~ ,.' j" H, '0 ............... --" LNOEX MAP ie.a,'".'00' \\ ,-",-""",,,,,, \J """'9<Ml"Ol""""'AOA'D_ \ 'r \ ' \ i I, i '0" :}.. ,,~ '1~:~,! \l P~a><l!ll;ll ~.... ""...-ACE Ar PARI<INO "'<A l'IPE '~_.' ....0 fERST1>."".lO" SECllON A-A -;;i,s. 0..' ""€'fj.Ul.... s"" ~lIll. NO <00 " lOI /-\l/~~.OO"" , i' , \ \E""'.""""-""'D~'LA''''''''''' '\ \ \ - V,'lIES - 'n'PE',_,'c'oG_ ......10."""00 ~C110N B-B ...u. I , rH-' >--1 ~"...... /- -.- ~"'O!l"D ~"'''' I'.WCE ,/,~ I .".,..1 "..."'"G..... "'-~rtoITCH~iJ~ 0. RET.ur<'NC .11'~~~fj l 'IiI"" T"rPt..-.,,,,,. D.,...,"~c~ L'~i PIR'W.MO.200 I SEC1l0N C-~_ N,'.S. r-- "" OlOll"""'vr I, / ,>, i 'U' / /- ;m~.rs...u -f1i:1I-!VAAJr:s ('~i1."~~' ~". /~ \ J/ 1.;;::<,;;."0" _1 ,. I ~,""m (> O~"~:':Y ~u ~O<W~",R .ltl.o",," ""'<00.401 SECTION D-D H.T.S. SHEET 1 OF 2 ~ENERAL NOTES: l.A<""OA'S.""C"-NO""",,""on 11OT"l.0Il0SS"R[.<,GE'.'I.C.Tor'C""'.,",^C"S,11'C J "'N"U~ \.0' 51ill 2.1< '0. ..TOTAlHQQFCO""1 " ''''S~H&I''''''''''O lQNIN'" PO I. '''S~"O <1>1 u.",.o"", 1..'''''0SI'D....,''''.,...0I'i...'''''^c'''-.,O< , O,N(.....e.<Non'cN.n""'.o I. .......OlllW.Tt R... t....llil'l'JrIl< ~&Nn~", CU' '\.21' C'., ~CL 1<0 C' '0 ~nun's &NO SE<'"'' - ,,.It/l" WY.,",." ",.roo "'s"'~, l>70 "",...u:IIOOO, PERFI1S, c..,,," '""C"" ('''''>1 "" - ."ONOCAU"'.",'.'''''O"""e, '''J~ "NCHESTtR",,"" Ttwt<:t.tu., o. '"'' ..,.." CO,,) ~.,_"" ~ """iii'"" c....-"'""'. '",""" '''OO''''''''ft"'''''.R''''',....,," """" PHDNt.("')t20-alll - ... """'''''''110'''. lD"CJ.... 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" ATTACHMENT NO.3 PC RESOLUTION NO. 07-_ (TENTATIVE PARCEL MAP) G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\PC STAFF REPORT.doc 11 PC RESOLUTION NO. 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0084, A TENTATIVE PARCEL MAP (TPM 35481) TO SUBDIVIDE 5.3 ACRES INTO TWO LOTS, LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MORAGA PROJECT DESCRIPTION (APN 944-290-022) Section 1. Procedural Findinas. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 15,2007, Bob Crisell of Rancho View Professional Center, LP, filed Planning Application No. PA07-0084, a Tentative Parcel Map, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 3, 2007, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0084 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Parcel Map (Section 16.09.140l A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code; Tentative Parcel Map No. 35481 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and Municipal Code because the project has been designed in a manner that is consistent with the policies and standards in the General Plan, Subdivision Ordinance, Development Code, and Municipal Code. G:IPlanning\2007IPA07.0084 Rancho View Prof Ctr i & II TPMIPlanninglPC RESOLUTION WITH NEG DEC OR NOD.doc 1 B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain agricultural use; The subject parcels do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land and is not subject to the California Land Conservation Act of 1965. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The site is physically suitable for the proposed office development because the proposed use is consistent with the General Plan and Development Code. The proposed Tentative Parcel Map (TPM 35481) meets the minimum lot size requirements contained within the Development Code, and is consistent with all of the requirements found within City of Temecula General Plan and the City of Temecula Subdivision Ordinance. The subdivision (TPM 35481) is therefore consistent with the Professional Office zone. D. The design of the subdivision and the proposed improvements, with Conditions of Approval are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The proposed project site does contain sensitive habitat or wetlands. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project, as conditioned by the Fire Prevention Bureau, the Public Works Department, and the Building and Safety Department, will comply with the applicable improvement requirements designed to prevent serious public health problems. Furthermore, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; Prior to any issuance of building permits for the subject subdivision, and prior to any construction, the applicant wi/! be required to submit building plans to the City of Temecula Building Department. These plans wi/! be required to comply with all applicable Uniform Building Codes, which also include requirements for energy conservation. Therefore, the construction plans wi/! comply with all applicable building codes and State energy guidelines. G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglPC RESOLUTION WITH NEG OEC OR NOD.doc 2 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 easernents which are substantially equivalent to those previously acquired by the public will be provided; The required right-of-way easements are included on the Tentative Parcel Map (TPM 35481). The City has reviewed these easements and the design of alternate easements, and determined the type of improvements will not conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision. H. The subdivision is consistent with the City's parkland dedications requirements (Quimby); The subdivision is consistent with the dedication requirement. Section 3. Environmental Findinos. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map No. 35481 (PA07-0084): A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the Tentative Parcel Map No. 35481 (PA07-0084) as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 12, 2007 and expired on October 1, 2007. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the Planning Commission packet distribution. Any written comments received prior to the public hearing will be reviewed and responses prepared and distributed to the Planning Commission at the public hearing. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 3, 2007 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G:\Planning\2007\PA07-0084 Rancho View ProfCtr I & II TPM\Planning\PC RESOLUTION WITH NEG DEe OR NOD.doc 3 E. Based on the findings set forth in this Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0084, Tentative Parcel Map No. 35481, located at the southwest corner of Rancho California Road and Moraga Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2007\PA07-0084 Rancho View ProfCtr I & II TPM\Planning\PC RESOLUTION WITH NEG DEe OR NOD.doc 4 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of October 2007. Dennis Chiniaeff, 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. 07- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of October 2007, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2007\PA07-0084 Rancho View ProfCtr I & II TPM\Planning\PC RESOLUTION WITH NEG DEe OR NOD.doc 5 EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: G:\Planning\2007\PA07 -0084 Rancho View Prof Ctr I & II TPM\Planning\COA- TENT MAP.doc 1 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0084 Project Description: A Tentative Parcel Map to subdivide 5.3 acres into two parcels, generally located at the southwest corner of Rancho California Road and Moraga Road Assessor's Parcel No.: 944-290-022 MSHCP Category: DIF Category: TUMF Category: Commercial Office Office Approval Date: October 3, 2007 Expiration Date: October 3, 2009 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 One Thousand Eight Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty- Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 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)]. 2. The applicant shall sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:\Planning\2007\PA07~0084 Rancho View Prof etf t & II TPM\Planning\COA-TENT MAP.doc 2 GENERAL REQUIREMENTS G:\Planning\2007\PAD7-0084 Rancho View Prof elr I & II TPM\PJanning\COA~TENT MAP.doc 3 Planning Department 3. 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. An Extension of Time 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. 4. 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. 5. If Subdivision phasing is proposed, a ohasino Dlan shall be submitted to and approved by the Planning Director. 6. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. 7. A Homeowners Association may not be terminated without prior City approval. 8. All landscaping including parkways and landscaping within right-of-way shall be maintained by the property owner. Building and Safety Department 9. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 10. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 11. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 12. Obtain all building plans and permit approvals prior to the commencement of any construction work. G:IPianningI2007\PA07.0084 Rancho View Prof Ctr I & II TPMIPlanningICOA.TENT MAP.doc 4 13. Show all building setbacks. 14. All building and facilities must comply with applicable disabled access regulations. Provide aI/ details on plans (California Disabled Access Regulations effective April 1, 1998). 15. Provide disabled access from the public way to the main entrance of the building. 16. Provide van accessible parking located as close as possible to the main entry. 17. Show path of accessibility from parking to furthest point of improvement. 18. Provide a house electrical meter to provide for the operation of irrigation, fire alarm systems and exterior lighting at each building. Public Works Department The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency: 19. 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. 20. A Grading Permit for rough 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. 21. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of T emecula mylars. G:IPlanning\2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 5 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning\2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 6 Planning Department 23. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at hislher sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult andlor authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Pianning." 24. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 25. The Planning Department shall be notified in the event any cultural resources are discovered during any and all grading, earthmoving or construction activities. 26. A qualified paleontological monitor shall provide cultural resources sensitivity training (a minimum 15-minute presentation) for all project personnel prior to ground disturbance, Proof of training shal/ be submitted to the Planning Department. 27. A qualified paleontological monitor shall be present during ground disturbing activities within the project area determined likely to contain paleontological resources. All impacts to the Pauba Formation shall be monitored. The Applicant shall supply the contact information of the paleontological consultant to the Planning Department. 28. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted in accordance with modern paleontological techniques. The Planning Department shal/ be notified immediately upon the discovery of any resources. 29. Any significant fossils recovered shall be prepared to a reasonable point of identification. Itemized catalogs of all material collected and identified shall be provided to the museum repository along with the specimens. 30. Prior to the issuance of a building permit, a report shall be submitted to the Planning department documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared. 31. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repository for permanent curation and storage. A written confirmation shall be provided to the Planning Department prior to occupancy. 32. Applicant shall comply with the following mitigation measures during all grading, earthmoving and construction operations: G:IPlanningI2007IPA07.0084 Rancho View Prof Clr I & it TPMIPlanningICOA.TENT MAP.doc 7 a. Use of Best Available Control Measures pursuant to Air Quality Management District guidelines for PM-10 and for diesel equipment exhaust; and during all grading activities. b. Water all active construction areas three times daily. c. Cover all haul trucks or wet down dirt maintaining at least two feet of freeboard. d. Pave or apply water four times daily to all unpaved parking or staging areas. e. Reduce speed on unpaved areas of the project site to less than 15 miles per hour. f. Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. g. Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. h. Suspend all operations on any unpaved surface if winds exceed 25 miles per hour. i. Hydro seed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours afler clearing is completed. j. 90-day 10w-NOx Tune up for aI/ off-road equipment. k. Trucks and heavy equipment shal/ idle no more than five minutes. I. Park construction vehicles off traveled roadways. m. Wash or sweep access points daily. n. Sandbag construction sites for erosion control. o. Limit lane closures to off-peak travel periods. Building and Safety Department 33. Obtain street addressing for all proposed building prior to submittal for plan review. Site plan to indicate all suite numbering in direct correlation with addressing and proposed buildings. 34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 35. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 36. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 37. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Public Works Department 38. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board G:IPlanningI2007\PA07.0084 Rancho View Prof Ctr I & II TPMIPlanningICOA.TENT MAP.doc 8 b. Planning Department c. Department of Public Works d. Community Services District 39. 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. 40. The setback requirement for aI/ toe and top of slopes shall conform to the latest California Building Code, Appendix 33A. 41. 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. 42. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 43. 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. 44. 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. 45. 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 Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 46. A Water Quality Management Plan (WQMP) shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The WQMP shall address site design, source control and treatment control Best Management Practices and be prepared in accordance with the Riverside County Water Quality Management Plan for Urban Runoff. The WQMP shall be accepted as complete by the Department of Public Works prior to issuance of a grading permit. G:IPlanning\2007IPA07.0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP,doc 9 47. 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. 48. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 49. 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. 50. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. G:\Planning\2007lPA07-0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 10 PRIOR TO ISSUANCE OF BUILDING PERMITS G:IPlanningI2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 11 Public Works Department 51. Parcel Map shal/ be approved and recorded. 52. The Developer shal/ vacate and dedicate the abutters rights of access along Via Las Colinas pursuant to the new location of the driveway. 53. 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. 54, 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. 55. 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. 56. The Developer shal/ 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. G:\Planning\2007\PA07-0084 Rancho View Prof Ctr I & II TPM\Planning\COA- TENT MAP .doc 12 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY G:IPianningI2007\PA07-0084 Rancho View Prof Ctr I & Ii TPMIPlanningICOA-TENT MAP.doc 13 Public Works Department 57. The project shall demonstrate that the pol/ution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 58. 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 59. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 60. All improvements shal/ be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 61. 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 Oirector of Public Works. G:IPlanning\2007lPA07 -0084 Rancho View Prof Ctr I & Ii TPMIPlanningICOA- TENT MAP.doc 14 PRIOR TO RECORDATION OF THE FINAL MAP G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 15 Planning Department 62. The following shal/ be submitted to and approved by the Planning Department: 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. ii. An Initial Study was prepared for this project and is on file at the City of Temecula Planning Department. 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 aI/ buildings and all landscaped and open areas including parkways. ii. The CC&R's shall be prepared at the developer's sole cost and expense. iii. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. iv. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. v. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&R's shal/ 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, afler 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. G:IPlanningl2007lPA07 -0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 16 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 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. 63. No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory membership of all owners of lots andlor 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. 64. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department Prior to Approval of the Parcel 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. 65. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Community Services District G:IPianningI2007IPA07-D084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 17 66. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Rancho California Road (Arterial Highway Standards - 110' R1W) to include dedication an additional 12' of street right-of-way, installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. b. Improve Moraga Road (Collector Road Standards - 66' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Improve Via las Colinas (Local Road Standards - 60' R1W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). d. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 67. The Developer shall design and construct or provide an in lieu of construction fee for half width raised landscape median on Rancho California Road (Arterial Highway Standards- 110' R1W) from sta 37+80.00 to 43+10.00 (along property frontage). Plans shall be reviewed and approved by the Department of Public Works. 68. 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 Nos. 800 & 801. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. e. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 1 OO-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. i. All knuckles shall be constructed in accordance with City Standard No. 602. j. All cul-de-sacs shall be constructed in accordance in City Standard No. 600. k. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301. G:IPianningI2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 18 I. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for instal/ation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. m. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 69. 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. 70. Relinquish and waive right of access to and from Rancho California Road on the Parcel Map with the exception of two opening(s) on Via Las Colinas as delineated on the approved Tentative Parcel Map. 71. 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. 72. All easements andlor 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. 73. 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 Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 74. Any delinquent property taxes shall be paid. 75. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Public Works Department and the Planning Department for review and approval. 76. The Developer shall comply with aI/ constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 77. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel 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. G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP,doc 19 78. AI/ utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone. cable TV, andlor security systems shall be pre-wired in the residence. 79, 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. 80. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 81. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 82. 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 shalf be kept free of buildings and obstructions. " Community Services Department 83. TCSD shall review and approve the CC&R's. G:\Planning\2007\PA07-0084 Rancho View Prof Ctr I & II TPM\Planning\COA-TENT MAP.doc 20 OUTSIDE AGENCIES G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP.doc 21 84. The applicant shal/ comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated April 4, 2007, 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:IPlanning\2007\PA07 -0084 Rancho View Prof Ctr I & II TPMIPlanningICOA-TENT MAP. doc 22 ~~ D o.J JNTY OF RIVERSIDE . HEAL . SERVICES AGENCY D DEPARTMENT OF ENVIRONMENTAL HEALTH ,.". .... ,,",'~"""''''.' ........"".' "~_..J..'" ,.~"...............~~........ "', ~~"'""",~" """~~""''''---''~''"-''-~''''-''''%''f''<'~~~~ April 4, 2007 ..' ,~'- , ( ,. City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 . .. ,~~- ATTN: Betsy Lowrey: RE: PARCEL MAP NO. 35481, (2 LOTS) Dear Ms. Lowrey: 1. The Department of Environmental Health has reviewed Tract Map No. 35481 and recommends: a A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimnm scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title II, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certny that the design of the water system in Parcel Map No, 35481 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such "Parcel Map". This certification does not constitute a guarantee that it will supply water to such Parcel Map at any specific quantities, flows or pressures for fire protection or any other purpose. Ibis certification shall be signed by a responsible official of the water company. The olans must be submitted to the Countv Survevor's Office to review at least two weeks PRIOR to the reouest for 1he recordation of the final map. This Department has no written verification of water service from Eastern Municipal Water District. Local Enforcement Agency. PO. Box'1280. Riverside. ell. 92502 ]2~O . (gOQ) 955 8982. FAX (909) 7S1.9653 . 4080 Lemon SIred. 9th FloOl, Riverside, CA 929ll land Use and Water Engineering. PO. Box lL06, Riverside, c.A. 02S02-12(1(i . (90Yi %5 S930 . FAX (909) 9SS-B903 . 4031.1 Leilwr, Street. 2nd Fioor. Rillersklc. Ct.,925()1 Page Two Attn: Betsy Lowrey April 4, 2007 2. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Pennanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be singed by a registered engineer and the sewer district with the following certification: "1 certifY that the design of the sewer system in Parcel Map No. 35481 is in accordance with the sewer system expansion plans of the Eastern Municipal water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation ofthe final map. This Department has no written verification of sewer service from Eastern Municipal Water District. am Martinez Supervising Em;'v>=ental Health Specialist ATTACHMENT NO, 4 PC RESOLUTION NO. 07-_ (DEVELOPMENT PLAN) G:IPlanningI2007IPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglPC STAFF REPORT.doc 12 PC RESOLUTION NO. 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0085, A DEVELOPMENT PLAN TO CONSTRUCT A THREE-STORY 35,000 SQUARE FOOT OFFICE BUILDING AND A THREE-STORY 50,000 SQUARE FOOT BUILDING ON A 5.3 ACRE SITE, LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MORAGA ROAD (APN 944-290- 022) Section 1. Procedural Findinos. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 15, 2007, Bob Crisell of Rancho View Professional Center, LP, filed Planning Application No. PA07-0085, a development plan to construct a 35,000 square foot office building and a 50,000 square foot office building on a 5.3 acre site, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 3, 2007, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0085 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The Planning Commission, in approving the Application hereby finds, determines and declares that: Develooment Plan f17.05.010.F\ 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 project is consistent with the General Plan and the Development Code because the project has been designed in a manner that it is consistent with the applicable policies and standards for professional office industrial development. The proposed professional office use is permitted in the land use designation standards contained in the General Plan and Development Code. The site is properly planned and zoned, and as conditioned, is physically suitable for the G:\Planning\2007\PA07-008S Rancho View ProfCtr I & II DP\Planning\PC RESOLUTION WITH NEG DEe OR NOD.doc 1 type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including site design, building height, setbacks, parking, circulation, and other associated site improvements is intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Findinas. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan (PA07-0085): A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the a development plan (PA07-0085) as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 12, 2007 and expired on October 1, 2007. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 43200 Business Park Drive, Ternecula, California 92590. C. No written comments were received prior to the Planning Commission packet distribution. Any written comments received prior to the public hearing will be reviewed and responses prepared and distributed to the Planning Commission at the public hearing. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 3, 2007 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G:\Planning\2007\PA07-0085 Rancho View ProfCtr I & II DP\Planning\PC RESOLUTION WITH NEG DEe OR NOD.doc 2 E. Based on the findings set forth in this Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0085, a development plan to construct a 35,000 square foot office building and a 50,000 square foot office building on a 5.3 acre site, located at the southwest corner of Rancho California Road and Moraga Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2007\P A07-0085 Rancho View ProfCtr ( & II DP\Planning\PC RESOLUTION WITH NEG DEe OR NOD.doc 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Ternecula Planning Commission this 3rd day of October 2007. Dennis Chiniaeff, 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. 07- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of October 2007, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2007\PA07.0085 Rancho View Prof etr I & 1I DP\Planning\PC RESOLUTION WITH NEG DEe OR NOD.doc 4 EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr I & II OPIPlanninglDraft COA,doc , EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0085 Project Description: A Development Plan to construct a three-story 35,000 square foot office building and a three-story 50,000 square foot office building on a 5.3 acre site, generally located at the southwest corner of Rancho California Road and Moraga Roads Assessor's Parcel No. 944-290-022 MSHCP Category: Commercial DIF Category: TUMF Category: Office Office Approval Date: October 3, 2007 Expiration Date: October 3, 2009 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 One Thousand Eight Hundred and Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 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)]. 2. The applicant shal/ sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department G:IPlanning\2007IPA07-D085 Rancho View Prof Ctr I & II DP\PlanninglOraft COA.doc 2 GENERAL REQUIREMENTS G:\Planning\2007\PA07-00B5 Rancho View Prof Ctr 1& II DP\Planning\Draft CQA.doc 3 Planning Department 3. The applicant and owner of the real property subject to this condition shal/ 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 aU action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. The applicant shall comply with the Mitigation Monitoring Program for Planning Application No. PA07-0085. 6. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafler diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 7. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 8. A separate building permit shall be required for all signage. (Sign program may be required). 9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 10. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shal/ 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 Conditions 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. Buildings 1 and 2: Material Stucco base color Stucco secondary color Color Dunn Edwards Bone DEC765 Dunn Edwards Rustic Taupe DE6129 G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\Oraft COA.doc 4 Stucco accent color Stone Veneer Windows Dunn Edwards Big Stone Beach DE6132 Eldorado Buck Skin Mountain ledge Atlantica Float Glass with green reflective glazing Dark Bronze Aluminum Landscape Forms Park Vue Bench and trash receptacle Landscape Forms Carousel Table Entrance Canopy Outdoor Benches Outdoor Tables 11. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 12. The applicant shall paint a three-foot x three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 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 shal/ be provided to house aI/ trash receptacles utilized on the site. These shall be clearly labeled on site plan. 15. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 16. Vines shall be added to grow along all walls of both trash enclosures. Public Works Department 17. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 18. 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. 19. 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. G:\Plannlng\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Plannjng\Oraft COA.doc 5 20. All improvement plans and grading plans, and raised landscaped median plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 21. 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 storm drain system or receiving water. 22. 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 23. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 24. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 25. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 26. Obtain all building plans and permit approvals prior to the commencement of any construction work. 27. Show all building setbacks. 28. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 29. Provide disabled access from the public way to the main entrance of the building. 30. Provide van accessible parking located as close as possible to the main entry. 31. Show path of accessibility from parking to furthest point of improvement. 32. Provide a house electrical meter to provide for the operation of irrigation, fire alarm systems and exterior lighting at each building. Fire Prevention Bureau 33. 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 G:\Planning\2007\PA07-0085 Rancho View Prof Ctr 1 & II DP\Planning\Draft COA.doc 6 California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 34, 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-II1-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure for a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A). 35. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). 36. 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). Community Services Department 37. AI/ existing bike lanes shall be protected, repaired andlor replaced to the satisfaction of the Director of Public Works. 38. The Applicant shall comply with the Public Art Ordinance. 39. All parkways, landscaping, fencing and on site lighting, including street lighting on Via Las Colinas shall be maintained by the property owner or maintenance association. 40. All landscaping including parkways, landscaping, and fencing within right-of-way shall be maintained by the property owner or maintenance association. Police Department 41. landscaping: Applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. a. Applicant shall ensure all trees surrounding all building roof tops be kept at a distance so as to deter roof accessibility by "would-be burglars." Trees also act as a natural ladder. Prune tree branches with at least a six foot clearance from the buildings. b. Any berms should not exceed three feet in height. G:IPlanningI2007IPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglDraft COA,doc 7 c. The placement of all landscaping should be in compliance with guidelines from Crime Prevention through Environmental Design (CPTED) (See conditions item #9 below). 42. Lighting: All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance, California Government Code 8565. Furthermore, recommend all exterior lighting be in compliance with Mt. Palomar Lighting Ordinance 665 requiring low-pressure sodium lighting. a. Recommend all exterior doors have their own vandal resistant fixtures installed above each door. The doors should be illuminated with a minimum one foot candle illumination at ground level, evenly dispersed. b. All exterior night lighting should be wall mount light fixtures to provide sufficient lighting during hours of darkness and to prevent problems on the premises. c. The Governors Order to address the power crisis became effective March 18,2001. This bill calls for a substantial reduction from businesses to cut usage during non- business hours. The order, in part, states: "All California retail establishments, including but not limited to shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours except as necessary for the health and safety of the public, employees or property." d. "Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000.00 in accordance with section 8565 of the California Government Code." 43. Hardware: Recommend all doors, windows, locking mechanisms, hinges, and other miscellaneous hardware is commercial or institution grade. 44. Graffiti: Any graffiti painted or marked upon the buildings should be removed or painted over within 24 hours of being discovered. Report all crimes to the Temecula Police 24-hour dispatch center (951) 696-HELP. 45. Alarm System: Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the Temecula Police Department of any intrusion. All multi-tenant office suiteslbusinesses located within a specific building should have their own alarm system. This condition is void if business is opened 24/7. 46. Roof Hatches: All roof hatches should be painted "International Orange." 47. Public Telephones: Any public telephones located on the exterior of the buildings should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 48. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr 1& 11 DP\Planning\Draft COA.doc 8 49. Crime Prevention Through Environmental Design Program: Crime Prevention through Environmental Design (CPTED) inspections dealing with landscaping. Furthermore, the definition of Crime Prevention through Environmental Design (CPTED) as developed by the National Crime Prevention Institute (NCPI) at the University of Louisville as "the proper design and effective use of the built environment can lead to reduction in the fear and incidence of crime, and an improvement in the quality of life." The primary nine CPTED strategies are: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery of signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Relocation of gathering areas. Gathering areas or congregating areas need to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesignate the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveil/ance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clear lines-of-sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 50. Crime Prevention: a. AI/ retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Thefl Law at: California Retailers Association 1127- 111h Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. G:\Planning\20D7\PA07-0085 Rancho View Prof Ctr 1 & II DP\Planning\Oraft COA.doc 9 b. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. c. Employee training regarding retail thefl, credit card prevention, citizen's arrest, personal safety, business security, shoplifling or any other related crime prevention training procedures is also available through the Crime Prevention Unit. d. Any business that serves or sel/ any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business location where alcohol will be serviced for a fee and the event is open to the general public. e. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business-advising customers of the "Inkless Ink program in use." If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint. G:\Planning\2007IPA07-0085 Rancho View Prof Ctr I & 11 DPIPlanninglDraft COA.doc 10 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning\2007\PA07-0085 Rancho View Prof Ctr I & II DPIPlanninglDraft COA.doc 11 Planning Department 51. 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. 52. Double detector check valves shall be either instal/ed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. 53. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavationlconstruction of the site, archaeologicallcultural 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 aI/ow the City to consult andlor 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 archaeologicallcultural 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." 54. The Planning Department shall be notified in the event any cultural resources are discovered during any and all grading, earthmoving or construction activities. 55. A qualified paleontological monitor shall provide cultural resources sensitivity training (a minimum 15 minute presentation) for all project personnel prior to ground disturbance. Proof of training shall be submitted to the Planning Department. 56. A qualified paleontological monitor shall be present during ground disturbing activities within the project area determined likely to contain paleontological resources. All impacts to the Pauba Formation shall be monitored. The Applicant shall supply the contact information of the paleontological consultant to the Planning Department. 57. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted in accordance with modern paleontological techniques. The Planning Department shall be notified immediately upon the discovery of any resources. 58. Any significant fossils recovered shall be prepared to a reasonable point of identification. Itemized catalogs of all material collected and identified shall be provided to the museum repository along with the specimens. 59. Prior to the issuance of a building permit, a report shall be submitted to the Planning department documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr 1 & 11 DP\Planning\Draft COA.doc 12 60. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repository for permanent curation and storage. A written confirmation shal/ be provided to the Planning Department prior to occupancy. 61. Applicant shal/ comply with the following mitigation measures during all grading, earthmoving and construction operations: a. Use of Best Available Control Measures pursuant to Air Quality Management District guidelines for PM-10 and for diesel equipment exhaust; and during all grading activities. b. Water all active construction areas three times daily. c. Cover all haul trucks or wet down dirt maintaining at least two feet of freeboard. d. Pave or appiy water four times daily to all unpaved parking or staging areas. e. Reduce speed on unpaved areas of the project site to less than 15 miles per hour. f. Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. g. Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. h. Suspend all operations on any unpaved surface if winds exceed 25 miles per hour. i. Hydro seed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. j. 90-day 10w-NOx Tune up for all off-road equipment. k. Trucks and heavy equipment shall idle no more than five minutes. I. Park construction vehicles off traveled roadways. m. Wash or sweep access points daily. n. Sandbag construction sites for erosion control. o. Limit lane closures to off-peak travel periods. Public Works Department 62. 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. 63. 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. 64. 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. G:\Planning\2007\PAD7-0085 Rancho View Prof Ctr I & II DP\Planning\Draft COA.doc 13 65. 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 shal/ address special study zones and the geological conditions of the site, and shal/ provide recommendations to mitigate the impact of ground shaking and liquefaction. 66. 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, shal/ be provided by the Developer. 67. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 68. 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 Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 69. A Water Quality Management Plan (WQMP) shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The WQMP shall address site design, source control and treatment control Best Management Practices and be prepared in accordance with the Riverside Counter Water Quality Management Plan for Urban Runoff. The WQMP shall be accepted as complete by the Department of Public Works prior to issuance of a grading permit. 70. The setback requirement for aI/ toe and top of slopes shal/ conform to the latest California Building Code, Appendix 33A. 71. 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. Planning Department c. Department of Public Works 72. 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. 73. 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. 74. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\Draft COA.doc 14 75. A flood mitigation charge shal/ 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. Building and Safety Department 76. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Fire Prevention Bureau 77. 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). 78. 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). 79. 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). 80. The gradient for a fire apparatus access roads shall not exceed fifleen (15) percent (CFC 902.2.2.6 Ord. 99-14). 81. Prior to building construction, dead end road ways and streets in excess of one hundred and fifly (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC 902.2.2.4). 82. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1). G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr I & II OP\PlanninglDraft COA.doc 15 PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglDraft COA.doc 16 Planning Department 83. 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. 84, All downspouts shall be internalized. 85. 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 Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. A note on the plans stating that "Two landscape inspections are required: one inspection is required for irrigation lines and a separate inspection is required for final planting inspection." d. A note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." e. One copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. The locations of all existing trees that will be saved consistent with the tentative map. i. 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. j. 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 plantin9s have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. G:IPlanning\2007IPA07-0085 Rancho View Prof elf 1& 11 DPIPlanninglDraft COA,doc 17 86. All utilities shall be screened from public view. Landscape construction drawings shal/ show and label all utilities and provide appropriate screening. Provide a three fool clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an afler-thought. Plan planting beds and design around utilities. locate all light poles on plans and insure that there are no conflicts with trees. 87. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape to match the style of the building subject to the approval of the Planning Director. 88. Building plans shal/ indicate that all roof hatches shall be painted "International Orange." 89. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project (including but not limited to parking areas). 90. The construction plans shall indicate the application of painted rooflop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard nine-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 91. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207 A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard Nos. 800 & 801. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard No. 400. e. Improvement plans shall extend 300 feet beyond the project boundaries. f. Minimum centerline radii shall be in accordance with City of Temecula's Standard No. 113. g. All reverse curves shall include a 100 foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. i. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. j. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\Draft COA.doc 18 92. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Rancho California Road (Arterial Highway Standards -110' R/W) to include dedication of an additional 12' street right-of-way, installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. b. Improve Moraga Road (Collector Road Standards - 66' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Improve Via Las Colinas (Local Road Standards - 60' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). d. The Developer shall design and construct or provide an in lieu of construction fee for half width raised landscape median on Rancho California Road (Arterial Highway Standards - 110' R/W) from 37+80.00 to 43+10.00 (along property frontage). Plans shall be reviewed and approved by the Department of Public Works. 93. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 94. The Developer shall construct the fol/owing public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Sewer and domestic water systems. d. Under grounding of proposed utility distribution lines. 95. The Developer shall vacate and dedicate the abutters rights of access along Via Las Colinas pursuant to the new location of the driveway. 96. 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. 97. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Rancho California Road. 98. 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. G:IPlanningl2007lPA07 -0085 Rancho View Prof Ctr I & II DPIPlanninglDraft COA,doc 19 99. The Developer shall obtain an easement for ingress and egress over the adjacent property. 100. The Developer shal/ 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. 101. 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 102. Obtain street addressing for all proposed building prior to submittal for plan review. Site plan to indicate all suite numbering in direct correlation with addressing and proposed buildings. 103. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 104. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 105. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 106, A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention Bureau 107. The developer shall furnish three copies of the water system plans directly to the Fire Prevention Bureau for approval prior to installation. These plans are for the onsite private water system for fire service. 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. Hydraulic calculations are also required to be submitted to ensure fire flow requirements can be obtained from two hydrants. The required water system including fire hydrants shall be installed and accepted by fire and the appropriate water agency prior to any combustible building materials being placed on an individual lot or on site. These plans must be submitted and approved prior to issuance of building permit (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). 108. All locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC see 902). 109. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. Plans do not have to be approved prior to issuance of building permit, just submitted for review. G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglDrafi COA.doc 20 110. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. Plans do not have to be approved prior to issuance of building permit, just submitted for review. Community Services Department 111. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr 1 & II DP\Planning\Draft COA.doc 21 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2007\PA07-008S Rancho View Prof Ctr I & II DP\Planning\Draft COA.doc 22 Planning Department 112. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project or to ensure stability and ground cover of slopes. 113. 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. 114. 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. 115. 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. 116. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 117. 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. 118. 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. 119. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & 11 DP\Planning\Draft COAdoc 23 Public Works Department 120, The project shal/ 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. 121. 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 122. All public improvements, including traffic signals, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 123. 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 Bureau 124. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3). 125. 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 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 andlor numbers on both the front and rear doors (CFC 901.4.4). 126. Based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system (CFC Article 10, CBC Chapter 9). 127. Based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). 128. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the fire sprinkler riser room (CFC 902.4). 129. 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). 130. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire lanes with appropriate lane painting and or signs. G:IPlanningI2007lPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglDraft COA.doc 24 OUTSIDE AGENCIES G:\Planning\2007\PA07-0085 Rancho View Prof elr I & II OP\Planning\Oraft COA.doc 25 131. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated April 4, 2007, a copy of which is attached. 132. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated April 2, 2007, 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:IPlanningl2007lPA07 -0085 Rancho View Prof Ctr I & II DPIPlanninglDraft COA.doc 26 o c~ JNTY OF RIVERSIDE . HEAL 1 SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH t-',\ '.-- ". .~ ~. -, .. April 4, 2007 '......; ~r,,1 q f City of Temecula Planning Department P.O. Box 9033 Tel1lt:cula, CA 92589-9033 Attention: Betsy Lowrey RE: Development Plan No. PA07-0085 :~; 'l-.~";,:__;': r:.~ ~~'~~:._::7-, ': Dear Ms. Lowrey: Department of Environmental Health has reviewed the development pllUl to construct a three story 50,000 sq. ft. office building and a three story 35,000 sq. ft. medical office building on 5.3 acres located at the southwest comer of Rancho California Road and Moraga Road. J. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate waterlsewer district. b) Ifthere are to be lUly food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a fmish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (95 I) 461.0284. c) A medical waste permit is to be obtained from the Department of Environmental Health, LEA Branch (951) 955-8982. SincerelY~ . ~ineZ~ingEHS (95 t) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan revieW for final Department of Enviroomenlal Health clearance. '. ~~~~Ir~~f~~~e~r~~~_~~e_~~~_~:~~~ ~~ ~280;CJR~~ers~de, .CA 92502-1280. (909) 955-8982' FAX (909) 781-9653.4080 Lemon Street, 9th Floor Riverside CA 92501 _u D...~_,A~ rfl 0')1::(1') l')nh . lanOI 0(( anoll _ rAu '"^''' ......... ....~~~ .~__. _ ' , @ Rancho Water [IoardofDiredors t'ltephen J. COMna President William E. Plummer Sr. Vice President Ralph H. Daily Ben R. Drake Lisa D. Hennan John E. Hoagland Michael R. McMillan Officers: Brian J. Brady General Manager Phillip L Forbes Assistant General Manager I Chief Financial Officer E. P. "Bob~ Lemons Director of Engineering Perry R. Louck Director of Plan rung Jeffre}' D. Arms1;J:'ong COlltroller Kelli E. Garcia DistrictSecrl'taIy C. Michael Cowett Best Best & Kriegel' LLP General CDunsel '\ April 2, 2007 Betsy Lowrey, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY RANCHO VIEW CUP PARCEL NO, 2 AND LOTS A AND B OF PARCEL MAP 13466 APN 944-290-008 Dear Ms. Lowrey: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD), and fronts an existing 8-inch diameter water pipeline within Via Las Colinas and an existing 24-inch diameter water pipeline within Rancho California Road. Water service, therefore, would be available upon the extension of water pipeline facilities within proposed Moraga Road, between Rancho California Road and Via Las Colinas, as well as the completion of financial arrangements between RCWD and the property owner. The owner will need to contact RCWD for fees and requirements. In addition, water availability is contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. Sanitary sewer service to the subject project is provided by the Eastern Municipal Water District. If you should have any questions, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT b~ Development Engineering Manager D)~@[g 0 \Y1~ Y m APR 0 4 2007 }) cc: Laurie Williams, Engineering Services Supervisor 8y P'lcmnino [)Qparlment 07\CW:lm055IFEG Rancho California WateJ;' District 42135 Winchester Road. Post Office Box 9017 . Teme<:ula, California 92589-9017 . (951) 296-6900 . FAX (951) 296-6860 ATTACHMENT NO.5 INITIAL STUDY G:IPlanning\2007IPA07-0085 Rancho View Prof Ctr I & II DPIPlanninglPC STAFF REPORT.doc 13 City of Temecula Planning Department Notice of Proposed Negative Declaration PROJECT: Rancho View Development Plan (Planning Application No. PA07-0085) and Tentative Parcel Map (Planning Application No. PA07-0084) APPLICANT: Bob Crisell Rancho View Professional Center lP 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 LOCATION: Generally located at the southwest corner of Rancho California Road and Moraga Road DESCRIPTION: A Tentative Parcel Map and Development Plan application to subdivide a 5.3 acre parcel into two lots and construct a three-story 50,000 square foot office building and a three-story 35,000 square foot office building [APN 944- 290-022] The City of T emecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to adopt a Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design andlor the Mitigation Monitoring Program which is attached to this Notice and will be included as part of the Negative Declaration for this project. The Comment Period for this proposed Negative Declaration is September 12, 2007 to October 1, 2007. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Negative Declaration is provided through: ~The Local Newspaper ~Posting the Site ~Notice to Adjacent Property Owners If you need additional informati l)1 or have any questions concerning this project, please contact Betsy Lowrey at (951) ~-64?~. ) Prepared by: / ~\.." (,~lr Junior Planner ~ (Sign<{uu) ( (Title) v G,IPlann;ng\2007IPA07.{)()85 Rancho View prorCtr I & II DPIPlanninglNOTICE OF PROPOSED MITIGATED NEGATIVE DECLARATION. doc I City of Temecula Planning Department Agency Distribution List PROJECT DESCRIPTION: A Development Plan and Tentative Parcel Map to subdivide a 5.3 acre into two lots and to construct a three-story 50,000 square foot office building and a three-story 35,000 square foot office building [APN 944- 290-022] DISTRIBUTION DATE: September 7, 2007 CITY OF TEMECULA: Building & Safety ............................................18] Fire Department.............................................. [2J Police Department...........................,.............. 0 Parks & Recreation (TCSD) ...........................18] Planning, Advance............................,.............18] Public Works...................................................l8lI City Attorney........................... ........................18] STATE: Caltrans ................................................... ....... 0 Fish & Game...................................................D Mines & Geology ............................................0 Regional Water Quality Control Board ...........0 State Clearinghouse ....................................... 0 State Clearinghouse (15 Copies) ...................0 Water Resources .......................... .................. 0 .............................................................0 FEDERAL: Army Corps of Engineers ...............................0 Fish and Wildlife Service ................................0 ..............................................................0 ..............................................................0 REGIONAL: Air Quality Management District.....................18] Western Riverside COG .................................0 ..............................................................0 CITY OF MURRIETA: Planning.......................................................... 0 ..............................................................0 RIVERSIDE COUNTY: Clerk of the Board of Supervisors................... 0 CASE PLANNER: Betsy lowrey Airport land Use Commission........................ 0 Engineer .........................................................0 Flood Control.................................................. 0 Health Department ......................................... 0 Parks and Recreation..................................... 0 Planning Department......................................18] Habitat Conservation Agency (RCHCA)......... 0 Riverside Transit Agency............................... 0 County Geologist............................................ 18] UTILITY: Eastern Municipal Water District ....................18] Inland Valley Cablevision ...............................0 Rancho CA Water District, Will Serve ............ ~ Southern California Gas .................................18] Southern California Edison............................. ~ Temecula Valley School District..................... 0 Metropolitan Water District............................. 0 OTHER: Pechanga Indian Reservation ........................ ~ Eastern Information Center ............................ ~ local Agency Formation Comm ..................... 0 RCTC ............................................................0 Homeowners' Association ..............................0 G;IPlanningI2007IPA07-OO85 Rancho View Prof 0, I & II DPIPlanninglNOTICE OF PROPOSED MITIGATED NEGATIVE DECLARATION.doc 2 -{)" ,&' I~O ' ,'~~' , 0' / ". 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I, y City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Project Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address I General Plan DesiQnation I ZoninQ Description of Project Surrounding Land Uses and Setting lather public agencies whose approval is reauired Use of this Initial Study Environmental Checklist Rancho View Professional Center Development Plan and Tentative Parcel Map (PlanninQ Application No. PA07-0085 and PA07-0084) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Betsy Lowrey, Junior Planner (951) 694-6400 Southwest corner of Rancho California Road and Moraga, approximately one and one-half miles east of the Interstate 15 Freeway. Bob Crisell Rancho View Professional Center LP 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Professional Office (PO) I Professional Office (PO) The proposed project is the site development and construction of two three-story office buildings totaling 85,000 square feet with associated parking on 5.26 acres. A Tentative Parcel Map is also proposed. Building 1 will be 35,000 square feet and located on the proposed western parcel (proposed Lot 1) to be 2.42 net acres. Building 2 will be 50,000 square feet located on the proposed eastern parcel (proposed Lot 2) to be 2.62 net acres. The site is currently a vacant lot that has been previously rough graded. To the east and south of the project are existing multi-family apartment complexes. To the west are existing office buildings. To the north, across Rancho California Road, is an existing commercial development including a gas station. car wash and retail/restaurant uses. I None This Initial Study is intended to evaluate the environmental effects and impacts associated with the proposed project. The final approval for the proposed project and this Initial Study is expected to be made by the City Planning Commission. G:\Planning\2007\PA07-Q085 Rancho View Prof etr I & II OP\Planning\lnitial Environmental Study.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ~ I ./ I I ./ I I I I I Aesthetics I Agriculture Resources Air Quality I BioloQical Resources I Cultural Resources I Geology and Soils I Hazards and Hazardous Materials I Hydroloqy and Water Quality I Land Use and Planninq Mineral Resources Noise Population and Housinq Public Services I Recreation I TransportationlTraffic I Utilities and Service Systems Mandatory FindinQs of Siqnificance 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 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 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 reauired, 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 )he proposed pl"uiect. nothina further is reauired. S~f G\WJJLL ~~buU,200YJ Betsv Lowrev. Junior Planner ./ Printed Name Citv of Temecula For G:\Planning\2007\PA07-0085 Rancho View Prof etr I & II OP\Planning\lnitial Environmental Study.doc 2 1. AESTHETICS. Would the project: Issues and SUDDortino Information Sources Potentially Significant Impact Potentially Significant Unless i Mitigation Incoroorated Less Than Significant Impact No Impact ,( ./ I a. b. c. Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including. but not limited to. trees, rock outcroppings, and historic buildinqs within a state scenic hiqhway? 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? ./ d. ./ Comments: 1.a. No Impact: The proposed project is on vacant land. No scenic vistas have been identified per the City's General Plan or will be adversely impacted from developing the proposed project. No impacts are expected. 1.b. No Impact: No major rock outcroppings or historic buildings exist on the project site. The project site is not located on a scenic highway. No impacts are expected. 1.c. Less Than Significant Impact: Apartment residents living across Moraga Road (to the east of the project) and across Via Las Colinas (to the south of the project) will be most affected by the proposed development. However, this project will not degrade the existing character of the area. The project fils within its current Professional Office zoning and General Plan designation and is a vacant parcel entirely surrounded by existing commercial uses and apartment complexes. The City's Development Code and Design Guidelines establish design and landscaping standards which will ensure that the project site is developed in a manner consistent with the City's standards and will include the addition of 218 trees, shrubbery, ground cover and vines. The proposed office buildings will have setbacks between 65 feet and 135 feet to the property line; and will be constructed no less than 130 feet from any existing structure. The set back area includes landscaped slopes with trees and shrubbery as buffers. The buildings will be used as office, so the evening and weekend traffic should be non-significant. Based on fulfilling the City's code and design standards, project aesthetic impacts are anticipated to be less than significant 1.d. Less Than Significant Impact: The proposed project site is currently vacant with no sources of light or glare. The proposed project will introduce new generators of light and glare. However, the proposed office use will typically not be open for business during the night. In addition this project will be constructed in accordance with zoning development standards including maximum height, landscape buffers, and the Mount Palomar Lighting Ordinance. The City of Temecula requires all new development to comply with the Riverside County Mount Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Less than significant impacts are anticipated as a result of the project. G.\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II OP\Planning\lnitial Environmental Study.doc 3 I 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: Issues and SUDoortlnQ Information Sources Potentially Significant lmoact Potentially Significant Unless Mitigation Incorporated Less Than Significant Imoact No Impact " a. 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 Aqency, to non-aqricultural use? I 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? ./ Ib c. ./ Comments: 2.a. No Impact: According to Open Space/Conservation Element of the City of Temecula General Plan, pages OS-18 and OS-19, Table OS-5 "Significant Farmland" and Figure OS-3 "Agricultural Resources" depict that the project is not located in an area of farmland of statewide or local importance. The subject site is not currently being used for agricultural purposes, and the City's General Plan Land Use Element has designated the site for Professional Office uses. Therefore, there will be less than significant impacts as a result from the project. 2.b,c. No Impact: The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated from this proposed project. G:\Planning\2007\PA07-0085 Rancho View Prof etr I & II DP\Planning\lnitial Environmental Study.doc 4 la I d. 1 e. 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: b. Issues and Suooortino Information Sources Conflict with or obstruct implementation of the I applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality 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 pollutant I concentrations? I Create objectionable odors affecting a substantial I number of people? Potentially Significant Imoact Potentially Significant Unless Mitigation fncoroorated No Impact less Than Significant Imoact " ./ c. ./ ./ ./ Comments: 3.a,b. Less than Significant Impact: The proposed project will not conflict or obstruct the implementation of the applicable air quality management plan as outlined within the Air Quality Element of the City of Temecula General Plan. As described on page AQ-6 of the Air Quality and Land Use Element of the General Plan, the Air Quality Plan encourages development that provides employment opportunities within the City of Temecula so that residents do not have to drive long distances between home and work. Consistent with this plan of action, the construction of these office buildings is expected to generate approximately 75 local jobs with little commute for local residents. Furthermore, no significant impacts are expected which would violate any air quality standard or contribute substantially to an existing or projected air quality violation. An Air Quality Impact Study has been prepared by RK Engineering Group dated July 16, 2007, and a supplementary clarification in an email dated August 16, 2007 from RK Engineering, indicates that no significant adverse impacts are anticipated from the project site upon completion of this project. 3.c,d Potentially Significant Unless Mitigation Incorporated: 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 at build-out. The California ARB land use and air pollution emissions URBEMIS 2007 model report was completed for 2008 build-out of this project, and indicates that emissions are within their requisite threshold values and long term emissions are less than significant. Short tenn construction-related air quality impacts, however, are expected to occur during construction of this project as indicated in the Air Quality Impact Study prepared by RK Engineering Group dated July 16, 2007. These short term impacts may be generated by soil disturbance and equipment exhaust. Sensitive receptors include the very young, elderly, and persons suffering from illness and are normally associated with locations such as schools, daycare facilities, convalescent care facilities, medical facilities, and residential areas. With the prevailing west to east winds, several residential neighborhoods will be downwind of on-site construction activities; however, the construction activity air quality impacts will mainly affect those in close proximity of the site. Sensitive Receptors as shown on page AQ-7, Figure AQ-2 "Sensitive Receptors," within the Air Quality and Land Use Element of the City of Temecula General Plan indicates that child care centers are within close proximity to the project. In addition, an elementary school is located within one-half mile. G:\Planning\2007\PA07-0085 Rancho View Prof etr I & II DP\Planning\lnitial Environmental Study.doc 5 Any potential nuisance during construction can be minimized by the combination of mandatory control programs. The applicant is required to comply with the required mitigation measures outlined below and no significant impact is anticipated as a result of the proposed project. Required Mitigation Construction Practices . Use of Best Available Control Measures pursuant to Air Quality Management District guidelines for PM- 10 and for diesel equipment exhaust; and during all grading activities . Water all active construction areas three times daily . Cover all haul trucks or wet down dirt maintaining at least two feet of freeboard . Pave or apply water four times daily to all unpaved parking or staging areas . Reduce speed on unpaved areas of the project site to less than 15 miles per hour . Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway . Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material . Suspend all operations on any unpaved surface if winds exceed 25 miles per hour . Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed . 90-day 10w-NOx Tune up for all off-road equipment . Trucks and heavy equipment shall idle no more than five minutes . Park construction vehicles off traveled roadways . Wash or sweep access points daily . Sandbag construction sites for erosion control . Limit lane closures to off-peak traveled roadways With the required mitigation measures specified above no SCAQMD emission threshold will be exceeded during construction or operation of the proposed project. Thus, the air quality impacts from the development under this mitigated scenario will not be significant. Recommended Construction Mitigation Air quality on the local or regional scale should not be significantly affected after implementing the required mitigation listed above. Listed below are additional recommendations and are encouraged operating procedures as outlined in the Impact Study prepared by RK Engineering Group dated July 16, 2007. These recommendations should be followed to further guarantee fulfillment of all air quality thresholds and regulations. Construction Practices . Use of "clean diesel" equipment if modified engines (catalyst equipped or new Moyer Program retrofit) are available at a reasonable cost . Encourage car pooling for construction workers . Encourage receipt of materials during non-peak traffic hours . The project should participate in any City adopted Transportation Demand Management (TDM) programs G:\Planning\2007\PA07-Q085 Rancho View Prof Gtr I & II DP\Planning\lnitial Environmental Study.doc 6 3.e. No Impact: During construction the proposed project will contain operations that will produce odors associated with equipment and materials. The site is located within the vicinity of sensitive receptors, including multi-family residential, day care centers and an elementary school; however, the odors associated with this type project are normally not considered so offensive as to cause sensitive receptors to complain. Diesel fuel combustion odors from construction equipment, operation equipment, and new asphalt paving fall into this category. Both based on the short-term of the emissions and the characteristics of these emissions, no significant odor impacts will result from implementing the proposed project. G:\Planning\2007\PA07-00B5 Rancho View Prof Ctr I & II DP\Planning\lnitial Environmental Study.doc 7 , f. 4. BIOLOGICAL RESOURCES. Would the project? Issues and SUDoortlna Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact ./ less Than Significant Impact a. 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 federaliy 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, filiinQ, hydroloQical 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? ./ b. ./ c. ./ d. ./ e. ./ Background The parcel is completely surrounded by multi-family residential, commercial and medical office land uses. Topography on the parcel surface is basically flat-lying and featureless, except for a 10- to 15-foot high berm located along the south property line. The parcel appears to have been graded flat in the past. It is elevated ten to forty feet above the existing grade of Rancho California Road. Riverside County adopted the Western Riverside County Multi-Species Habitat Conservation Plan (MSHCP) on June 17, 2003. The US Fish and Wildlife Service (USFWS) Biological Opinion in favor of adopting the MSHCP was released on June 22, 2004. The City of Temecula is a signatory to the MSHCP, and therefore, the project is required to comply with the MSHCP. Section 6.0 of the MSHCP identifies the local implementation measures. Section 6.1.6 details the County and Cities Obligations and corresponds with Section 13.2 of the Biological Opinion issued by the USFWS. The program requires the City to undertake the following steps to insure compliance with the requirements of the MSHCP. . Payment of local development mitigation fees and other relevant fees (Section 85) . Comply with the Habitat Assessment program (HANS) processor equivalent process to satisfy local acquisition obligation . Comply with the survey requirements (Section 6.3.2) G:\Planning\2007l.PA07-0085 Rancho View Prof elr I & II DP\Planning\lnitial Environmental Study.doc 8 . Comply with the policies of the Riparian/Riverine Areas and Vernal Pools (Section 6.1.2) . Comply with the policies of the Protection of Narrow Endemic Plant Species (Section 6.1.3) . Comply with the policies of the UrbanIWildlands Interface (Section 6.1.4) . Comply with the Best Management Practices (Section 7.0; Appendix C) Comments: 4.a.-f. Less than Significant Impact: The project site is in the Southwest Area Plan of the MSHCP. The project site is not within a Criteria Cell of the MSHCP Plan Area and No HANS review is required; however a habitat assessment was required to address, at a minimum, the potential habitat for Burrowing Owl in accordance with MSHCP guidelines. A letter dated January 22, 2007 from Consulting Biologists Principe and Associates, along with an MSHCP Compliance Report and Burrowing Owl Habitat Assessment conducted by Principe and Associates on June 12,2007, indicate that suitable habitat for the burrowing owl was not found on site; nor is the site suitable to support habitat for the burrowing owl. The applicant will be required to pay applicable MSHCP mitigation fees. No impacts are anticipated as a result of the proposed project. The project site does not contain any wetlands, riparian forests, vernal pools, or wildlife nursery sites. There are no natural watercourses on the parcel surface. The parcel is mostly bare ground with no significant biological resources present on site. There are some cottonwood 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 Quino Checker spot and Gnatcatcher as well as Stephens 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 MSHCP does not have any further habitat assessment requirements for the project site, so no additional wildlife or plants surveys are necessary. No significant impacts are expected. G:\Planning\2007\PA07-D085 Rancho View Prof etr 1 & II DP\Planning\lnilial Environmental Study.doc 9 la lb. I c. I d. 5. CULTURAL RESOURCES. Would the project: Issues and Supportinq Information Sources I Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? I Cause a substantial adverse change in the significance of an I archaeoloqical resource pursuant to Section 15064.5? I Directly or indirectly de. stray a unique paleontological resource I or site or unique qeoloqic feature? I Disturb any human remains, including those interred outside of I formal cemeteries? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ./ ./ ./ ./ Comments: 5.a,b,d. Less than Significant Impact: A Historical-Archaeological Resources Survey Report was conducted by CRM Tech dated February 2, 2007 for the Rancho View Development. On January 23, 2007, an archaeologist carried out an intensive-level, pedestrian field survey of the project area with the assistance of Native American monitors from the Temecula Band of Luiseno Mission Indians. The intensive-level field survey produced completely negative results for potential cultural resources and no artifacts more than 50 years of age were encountered during the survey. Furthermore, the City of Temecula General Plan does not identify the project site as a sensitive archaeological resource area. In addition, archaeological monitoring was conducted during all grading activities on the 20.5 acre property located adjacent/east of this project site (Temecula Ridge Apartments) and, according to the Archaeological Report for the Mitigation Monitoring and Reporting Program for the Temecula Ridge Apartment Project prepared by Eilar Associates dated May 8, 2006, only one artifact was found (a prehistoric lithic artifact) which was considered not significant due to the lack of associated deposits. No further cultural resources were identified during the archaeological monitoring. Due to the lack of historical and archaeological resources found during the archaeological monitoring during grading at the adjacent site; and the negative findings for potential cultural resources conducted during a survey of the project site, less than significant impacts are expected. However, in order to ensure that significant impacts will not result, the project will be conditioned consistent with City policy and the recommendations set forth in the Historical-Archaeological Resources Survey dated February 2, 2007 that if, during excavation/grading or construction of the site, any artifacts or other objects that reasonably appear to be evidence of cultural or archaeological resource are discovered, including human remains, all further excavation or other disturbance of the affected area is to cease immediately and a qualified specialist shall inspect the site to determine the significance of the discovery. With this provision, a finding of "No Impact" regarding cultural resources is recommended by the Archaeological Resources Survey dated February 2, 2007 and therefore less than significant impacts are anticipated as a result of this project. 5.c. Potentially Significant Unless Mitigation Incorporated: The City of Temecula General Plan EIR sensitivity map for paleontological resources identifies the project site as an area having possible paleontological resources. In addition, paleontological monitoring conducted during grading activities on the 20.5 acre property located adjacent/east of this project site (Temecula Ridge Apartments) revealed at least 32 discoveries of vertebrate fossils dating from 300,000 years to 1.8 million years old (all of which have been deposited into the permanent paleontological collections at the San Diego Natural History Museum), according to the Paleontological Report for the Mitigation Monitoring and Reporting Program for the Temecula Ridge Apartment Project prepared by Eilar Associates dated May 8, 2006. Due to the potential for such resources to occur on the property, a paleontological assessment will be required prior to grading operations, and during grading and excavation activities a qualified paleontological monitor will be required to be present on site and shall have the authority to stop and redirect grading activities to evaluate the significance of any exposed paleontological resources. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. With these measures, potentially significant impacts will be reduced to a less than significant level. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II OP\Planning\lnitial Environmental Study.doc 6. GEOLOGY AND SOILS. Would the project: Issues and Supportinq Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury. or death involvinQ: i. Rupture of a known earthquake fault. as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and GeoloQY Special Publication 42. ii. StronQ seismic Ground shakinq? Iii. I Seismic-related Qround failure, includinQ liquefaction? iv.1 Landslides? Result in substantial soil erosion or the loss of topsoil? 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? Be located on expansive soil. as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or orooerty? Have soils incapable of adequately supporting the use of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? ./ c. ./ ./ ./ ./ ./ I I I lb. d. ./ e. ./ Comments: 6.a. Less Than Significant Impact: According to the City's General Plan EIR, the site is not located within an Earthquake Fault Hazard Zone. The Geotechnical Investigation of the site, prepared by GeoCon Inland Empire, Inc. on February 12, 2007, indicates that no active faults are known to project through the site and the site does not lie within the Alquist-Priolo Earthquake Fault Zone. However, the Elsinore Fault is located approximately one-quarter mile to site. There are 20 nearby or regional faults within a 50-mile radius from the site, and the site could be subjected to moderate or severe ground shaking in the event of an earthquake at any nearby or regional earthquake fault. As a standard condition of approval, the applicant is required to build the structures in accordance with the current UBC seismic codes and local ordinances. The project site is not located within an area subject to liquefaction according to the City of Temecula's current GIS mapping information. Furthermore, according to the Geotechnical Investigation prepared by GeoCon Inland Empire on February 12, 2007, the potential for liquefaction at the site is considered to be very low based on the relatively dense nature of the formation soil. In addition, no soil or geologic conditions were encountered at the site which would preclude the proposed commercial development of the property, provided compliance with the recommendations of the Geotechnical Investigation Report. Development of the property is considered feasible and less than significant impacts are anticipated for the project. 6.b. Less Than Significant Impact: The General Plan requires mitigation for projects to control erosion. Further, the state-wide NPDES program requires every project with ground disturbance greater than five acres to implement a Storm Water Pollution Prevention Plan (SWPPP) during project construction and operation. Best Management Practices (BMPs) are identified in the SWPPP to control erosion on a site and any sedimentation generated by disturbing the site for development with conformance to the NPDES program, less than significant impacts are expected. G:\Planning\2007\PA07-D085 Rancho View Prof Ctr I & II DP\Planning\lnilial Environmental StudY.doc 6.c-d. Less Than Significant Impact: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of this project, and potentially result in on or off-site grading landslide, lateral spreading, subsidence, liquefaction, or collapse. In general, the on-site soil consists of sands with variable amounts of silt and silts with variable amounts of sand. The soil generally possesses a very low to low expansion index as defined by the Uniform Building Code Section 18-i-B and moderate shear strength characteristics. The on-site soil is considered suitable for use as fill. It is recommended that soil with an expansion potential greater than medium (EI > 50), if encountered, be kept at least three feet below proposed finished grade. In addition, no soil or geologic conditions were encountered which would preclude the proposed commercial development of the property, provided compliance with the recommendations of the Geotechnical Investigation Report. In addition, the applicant will be required to prepare soils reports prior to issuance of a grading permit. Development of the property is considered feasible and less than significant impacts are anticipated for the 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\2007\PA07-Q085 Rancho View Prof Ctr I & II OP\Planning\lnitial Environmental Study.doc 12 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and SUDoortinQ InformatIon Sources Potentially Significant lmpacl Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ./ a. 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 existing 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 residinQ or workinQ in the proiect area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residinQ 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? ./ b. ./ ./ c. d. ./ " e. f. ./ g. ./ h. Comments: 7.a. Less Than Significant Impact The proposed project is designated for office uses, which may include medical offices. Therefore, the project may include tenants that will use hazardous materials. However, chemicals stored, used, and handled at facilities are required to ensure that proper types of fire and life safety protection systems and procedures are in place. All businesses that plan to use hazardous materials will be required to submit a chemical classification packet to the City as required by the California Fire Code and California Building Code for compliance with these requirements. There will be no significant hazard to the public or the environment from the routine transportation, use, or disposal of hazardous materials. Less than significant impacts are anticipated as a result from this project. 7.b. Less Than Significant Impact: It is not anticipated that the project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The project proposes two office buildings. Therefore, less than significant impacts are anticipated as a result of this project. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\PJanning\lnitial Environmental Study.doc 13 7.c. No Impact: The proposed offices on the property does not include any activities or uses that would pose a potential health hazard to the local population or the nearby school. Therefore, no impacts are anticipated. 7.d. No Impact: Review of available data including site appearance, California Department of Toxic Substance Control's (DTSC) Hazardous Waste and Substances Site Lists, and the Preliminary Title Report indicate no past uses that may have involved hazardous materials. 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. No impact upon airport uses will result from this proposal. 7.g. No Impact: The proposed project is not located in an area and is not a portion of an emergency response or evacuation plan and will be designed to allow for adequate emergency vehicle access to the site. 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\2007\PA07-D085 Rancho View Prof Ctr I & II DP\Planning\lnitial Environmental Study.doc 14 8. HYDROLOGY AND WATER QUALITY. Would the project; Issues and SupportinQ Information Sources Potentially Significanl Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ./ a. 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 qranted)? 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 floodinq 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 1 DO-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 1 DO-year flood hazard area structures I 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? ./ b. ./ ./ c. d. ./ e. ./ If. ./ g. ./ I h. ./ i. ./ , i. Comment: B.a. Less Than Significant Impact: The project proposes two office buildings totaling 85,000 square feet. This type of development typically generates domestic and/or municipal wastewater that does not require pretreatment or waste discharge requirements. No water quality standards are forecast to be violated by implementing the proposed project which will deliver its wastewater flows to the regional wastewater plant. Wastewater will be delivered to the regional treatment plant for treatment under waste discharge requirements established by the San Diego Regional Water Quality Control Board. During construction and occupancy, Best Management Practices (BMPs) will be implemented which will control storm water runoff pollution to a level of no significance, therefore less than significant impacts are anticipated. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\lnitial Environmental Study.doc 15 8.b. Less Than Significant Impact Groundwater related problems are not expected to be encountered during site development. If shallow perched groundwater is encountered during construction, it can be managed with the use of sump pumps placed in the bottom of excavations which will be incorporated. The proposed project does not include any extraction of groundwater, so no adverse direct impact can result from implementing the proposed project. The City's General Plan EIR addresses water demand from development in the City of Temecula. The General Plan EIR concludes that cumulative water demand within the City can be met by the City's two purveyors without having a significant adverse impact on the environment, including depletion of the areas groundwater supplies. This is verified by the Rancho California Water District's Urban Water Master Plan which defines the resources available to the District to meet future cumulative demand within its service area. The proposed development is consistent with the General Plan designation for the property and thus, is considered consistent with the General Plan EIR. Therefore, the proposed project will not contribute to a significant cumulative, indirect adverse impact on the area groundwater aquifers. In addition, some water will be used for dust control during the grading process. Less than significant impacts are anticipated. 8.c. Less Than Significant Impact: Through the implementation of the project SWPPP (storm water protection program), erosion and siltation issues are controlled to a less than significant impact level and this project will not result in substantial erosion or siltation on or off-site. Less than significant impacts are anticipated. 8.d-f. 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 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 Regional Water Quality Control Board. A preliminary plan has been submitted and the project will comply with RWQCB standards as designed. Based upon the information presented above, no significant adverse impact to either downstream flows or water quality is forecast to affect properties downstream of the site from developing the project as proposed. Less than significant impacts are proposed. 8.g-h. Less Than Significant Impact: No buildings or structures will be located within the 100-year floodplain according to the City's General Plan as a result of implementing this project. No significant flood hazards are expected to occur from developing the project site as proposed. No significant flood hazards are expected to occur from developing the project site as proposed. Less that significant impacts are proposed. 8.1. Less Than Significant Impact: The proposed project would not expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. The subject property is not located within a dam inundation area per the City's General Plan. In addition, the City has implemented a multi-hazard functional plan pursuant to the California Emergency Services Act. The proposed project does not contain critical or essential facilities. Less than significant impacts are proposed. 8.j. No Impact: Due to the project area's distance from the ocean and elevation, there is no potential for a tsunami. The project area is not located near a large surface water body and there is no potential for inundation by seiche or mudflow. No impacts are anticipated. G:\Planning\2007\PA07-0085 Rancho View Prof etr I & II OP\Planning\lnitial Environmental Study.doc 16 9. LAND USE AND PLANNING. Would the project: I a. b. Issues and Suooortinq Information Sources I 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 mitiqatinq an environmental effect? I Conflict with any applicable habitat conservation plan or natural I community conservation plan? Potentially Significant Imoact Potentlally Significant Unless Mitigation Incoroorated Less Than Significant Impact No Impact ./ ./ Ie. ./ Comments: 9.a-b. No Impact: The project site will not divide the physical arrangement of an established community. Surrounding property uses include commercial, office and multi-family apartment residential so the addition of an office use will not divide an established community. The proposed site is zoned Professional Office (PO) and allows for office uses, with a Professional Office zoning to establish the development standards. The project is consistent with the zoning standards of the City's General Plan and Development Code. Impacts from all General Plan Land Use designations were analyzed in the Environmental Impact Report (EIR) for the General Plan. Agencies with jurisdiction within the City comments on the scope of the analysis contained with the EIR and how the land uses would impact their particular agency. Furthermore, all agencies with jurisdiction over .the project are being given the opportunity to comment on the project, and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or policies. No impacts are anticipated from this project. 9.c. Less Than Significant Impact: The project site is not located within a Criteria Cell of the Western Riverside County MSHCP and is consistent with the applicable Multi Species Habitat Conservation Plan. Less than significant impacts and there is no conflict with any applicable habitat conservation plan or natural community conversation plan related to this project. G:\Planning\2007\PA07-0085 Rancho View Prof etr I & II DP\Planning\lnitial Environmental Study.doc 17 10. MINERAL RESOURCES. Would the project: b. Issues and SupportinQ Information Sources I 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 olan or other land use olan? Potentially Significant lmoact Potentially Significanl Unless Mitigation Incorporated Less Than Significant Impact No Impact ja .;' ./ Comments: 1 O.a-b. No Impact According to the California Geological Survey, no known mineral resources exist in Temecula. Development pursuant to the General Plan will not result in the loss of a known mineral resource. No impact is anticipated as a result of the proposed project. G:\Planning\2007\PA07-D085 Rancho View Prof etr I & II DP\Planning\lnitial Environmental Study.doc 18 lb. f. 11. NOISE. Would the project result in: Issues and SUDoortioQ Informatinn Sources Potentially SIgnifIcant lmQact Potentially Significant Unless Mitigation lncoroorated No Impact Less Than Significant Imoact ./ a. 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? I Exposure of persons to or generation of excessive I aroundborne vibration or qroundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the proiect? 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 project area to excessive noise levels? ./ v' c. ./ d. ./ e. ./ Comments: 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 jn 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 rnachinery 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-f. No Impact: This project is not within two miles of a public airport or public or private use airport. According to Figure N-3 (the French Valley Airport Future Noise Contours in the Noise Element) on page N-12 of the General Plan, the project is not located in the noise impact area for the French Valley Airport. In addition, the project is not located in the French Valley Airport Land Use Compatibility Zone according to Figure LU-2 on page LU-7 of the Land Use and Planning Element of the General Plan. Therefore, people within 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\2007\PA07 -0085 Rancho View Prof etr I & II DP\Planning\lnitial Environmental Study.doc 19 12. POPULATION AND HOUSING. Would the project: Issues and SUPDortinq Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact ./ No Impact a. 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? I Displace substantial numbers of people, necessitating I the construction of replacement housinq elsewhere? ./ b. Ie. ./ Comments: 12.a Less Than Significant Impact: The project will not induce substantial growth in the area either directly or indirectly. The project proposes office uses that could attract people that live outside City limits, and may cause some people to relocate to (or near) Temecula to their place of employment (future employees of the office buildings), which is considered a moderate indirect affect. However, the project will not induce substantial growth beyond what is projected in the City's General Plan. Less than significant impacts are anticipated as a result of this project. 12.b-c. No Impact: The project will not displace substantial numbers of people or existing housing, as the site is vacant property and is not zoned for residential uses. Therefore, the project will not necessitate the construction of replacement housing due to displacement of housing or people. No impacts are anticipated as a result of this project G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\lnitial Environmental Study.doc 20 I a. lb. Ie. I d. Ie. a. b. 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: Issues and SuooortinQ Information Sources , Fire protection? Police protection? Schools? I Parks? I Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Signlficant Impact ./ ./ ./ ./ 0/ Comments: 13.a,b,d,e. Less Than Significant Impact: The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The development of the site will incrementally increase the need for these services. The project will also contribute its fair share through the City's Development Impact Fees to the maintenance or provision of services from these entities. Less than significant impacts are anticipated. 13.c. No Impact: The project itself is not creating a residential use and therefore will have no impact upon, or result in a need for new or altered school facilities. Development of the parcels within the project will not cause significant numbers of people to relocate within or to the City. The cumulative effect from the project will be mitigated through the payment of applicable school fees at the time the parcels are developed. No impacts are anticipated as a result of this project. 14, RECREATION. Would the project: Issues and SuPPOrtinQ Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incornorated No Impact less Than Significant Irnoae! 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? 0/ ./ Comments: 14.a-b. No Impacts: The project will have no impact on the demand for neighborhood, regional parks or other recreational facilities, or affect existing recreational opportunities since it is a nonresidential development intended for office use only. No impacts are anticipated as a result of this project. G:\Planning\2007\PA07-0085 Rancho View Prof elr I & II DP\Planning\lnitial Environmental Study.doc 21 Ie. If. g. 15. TRANSPORTATION/TRAFFIC. Would the project: Issues and SUPDortinq Information Sources Potentially SIgnificant Impact Potentially Significant Unless Mitigation Incorporated No Impact less Than Significant Impact ./ a. 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 conqestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion manaqement aqencv for desiqnated roads or hiqhways? 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.q., farm equioment)? I Result in inadequate emerqency access? I Result in inadequate parkinq capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts. bicycle racks)? ./ ./ ./ b. ./ c. ./ d. ./ Comments: 15.a.-b: Less than Significant Impact: The proposed project is located at the southwest corner of Rancho California Road and Moraga, with ingress and egress at the south side of the property line along Via Las Colinas. 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 in anticipation of the area's proposed development. In addition, the City's Traffic Engineer noted that the Traffic Impact Study prepared by Wilbur Smith Associates dated February 18, 2000 for the adjacent commercial and residential project, Temecula Ridge Village, included this property as well and all required mitigation has been implemented including the southerly extension of Moraga Road and a traffic light upgrade at the intersection of Moraga and Rancho California Road. A new stoplight will also be installed along Rancho California Road, just east of the proposed project, upon construction of the adjacent commercial site. Due to the project's consistency with the General Plan and zoning designation of Professional Office, no further traffic studies were required for this project. Less than significant impacts are anticipated as a result of this project. 15.c. No 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 parking requirements per Chapter 17.24 of the Temecula Development Code. No impact is anticipated as a result of the proposed project. G:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\lnitial Environmental Study.doc 22 15.g. No Impact: The proposed project is consistent with adopted policies, plans, or programs supporting alternative transportation as identified in the adopted General Plan. Therefore, no impacts will result from this project. G:\Planning\2007\PA07-G085 Rancho View Prof etr I & II OP\Planning\lnitial Environmental Study.doc 23 la If. I g. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: b. Issues and SUDoortlnO Information Sources I Exceed wastewater treatment requirements of the I applicable Re<:jional 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 orovider's existin<:j 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 re<:julations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ./ ./ c. ./ d. ./ e. ./ ./ ./ 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 may result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place along Rancho California Road and to an existing City of Temecula storm drain located both east and west of the project site. Plans are alternatively proposed to allow a system which would not require the expansion of existing facilities and any potential construction of storm water drainage facilities is not anticipated to cause significant environmental effects. Construction of any storm drains will comply with the General Plan. 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:\Planning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\lnitial Environmental Study.doc 24 a. b. c. 17, MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and SupportinQ Information Sources Potentially Significant Impact PotenliaHy Significant Unless Mitigation Incorporated No Impact less Than Significant Impact " Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California 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 projects. and the effects of probable future projects )? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ./ ./ Comments: 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 does not have the potential to: degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 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\2007\PA07-0085 Rancho View Prof err I & II OP\Planning\lnitial Environmental Study.doc 25 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. I a. I 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 mitiQation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the proiect. Comments: 18.a. The City's General Plan and Final Environment Impact Report were used as a referenced source in preparing this Initial Study. These documents are available for review at the City of Temecula Planning Department located at 43200 Business Park Drive. 18.b. There were no impacts that were previously addressed by mitigation measures based on an earlier analysis. 18.c. See attached Mitigation Monitoring Program. SOURCES 1. City ofT emecula General Plan (April 12, 2005) 2. City ofTemecula General Plan Final Environmental Impact Report (April 12, 2005) 3. Historical/Archaeological Resources Survey Report prepared by CRM TECH (February 2, 2007) 4. Geotechnical Investigation prepared by Geocon (February 12, 2007) 5. Rancho View Professional Center Air Quality Impact Study prepared by the RK Engineering Group (July 16, 2007) 6. MSHCP Compliance Report and Burrowing Owl Habitat Assessment prepared by Principe and Associates (June 20, 2007) 7. Paleontological Report for the Mitigation Monitoring and Reporting Program for the Temecula Ridge Apartment Project prepared by Eilar Associates (May 8, 2006) 8. Archaeological Report for the Mitigation Monitoring and Reporting Program for the Temecula Ridge Apartment Project prepared by Eilar Associates (May 8, 2006) 9. Revised Traffic Impact Analysis for Temecula Village Development prepared by Wilbur Smith Associates (February 18, 2000) G:\Planning\2007\PA07-OO85 Rancho View Prof Ctr I & II DP\Planning\lnitial Environmental Sludy.doc 26 ATTACHMENT NO.6 MITIGATION MONITORING PROGRAM G:IPlanning120071PA07-0085 Rancho View Prof Clf I & II PPIPlanninglPC STAFF REPORT.doc 14 Mitigation Monitoring Program Project Description: A Development Plan and Tentative Parcel Map to subdivide a 5.3 acre into two lots and to construct a three-story 50,000 square foot office building and a three-story 35,000 square foot office building [APN 944-290-022] Location: Southwest intersection of Rancho California Road and Moraga Applicant: Bob Crisell Rancho View Professional Center LP 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Air Quality General Impact: 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. Mitigation Measure: 1. Use of Best Avaifable Control Measures pursuant to Air Quality Management District guidelines for PM-10 and for diesel equipment exhaust; and during all grading activities. 2. Water all active construction areas three times daily. 3. Cover all haul trucks or wet down dirt maintaining at least two feet of freeboard. 4. Pave or apply water four times daily to all unpaved parking or staging areas. 5. Reduce speed on unpaved areas of the project site to less than 15 miles per hour. 6. Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. 7. Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. 8. Suspend all operations on any unpaved surface if winds exceed 25 miles per hour. G:\Planning\2007\PA07-Q085 Rancho View Prof Ctr I & II DP\Planning\CEOA Mitigation Monitoring Program.doc 1 Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measures: 9. Hydro seed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. 10. 90-day 10w-NOx Tune up for all off-road equipment. 11. Trucks and heavy equipment shall idle no more than 5 minutes. 12. Park construction vehicles off traveled roadways. 13. Wash or sweep access points daily. 14. Sandbag construction sites for erosion control. 15. Limit lane closures to off-peak travel periods. Place the above conditions of approval on this project to reduce construction equipment emissions and dust; and to protect sensitive receptors generated by grading/soil disturbance and construction operations. During grading and construction. Planning Department and Public Works Department Cultural Resources Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. 1. A qualified paleontological monitor shall provide cultural resources sensitivity training (a minimum 15 min. presentation) for all project personnel. 2. A qualified paleontological monitor shall be present during ground disturbing activities within the project area determined likely to contain paleontological resources. All impacts to the Pauba Formation shall be monitored. 3. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted in accordance with modern paleontological techniques. 4. Any significant fossils recovered shall be prepared to a reasonable point of identification. Itemized catalogs of all material collected and identified shall be provided to the museum repository along with the specimens. G:\PJanning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\CEQA Mitigation Monitoring Program.doc 2 5. Prior to the issuance of a building permit, a report documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared. 6. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repository for permanent curation and storage. Specific Process: The Planning Department shall be notified in the event any resources are discovered. Place the above Condition of Approval on this project to require cultural resource monitoring during all earthmoving activities. Mitigation Milestone: On-going during all earthmoving ground disturbing and/or grading activities. Responsible Monitoring Party: Planning Department and Public Works Department G:\Planning\2007\PA07-Q085 Rancho View Prof etf I & II DP\Planning\CEQA Mitigation Monitoring Program.doc 3 ATTACHMENT NO.7 PUBLIC CORRESPONDENCE G:IPlanning\2007IPA07-0085 Rancho View Prof Clr I & II DP\PlanninglPC STAFF REPORT.doc 15 ATTACHMENT NO, 8 NOTICE OF PUBLIC HEARING G:\PJanning\2007\PA07-0085 Rancho View Prof Ctr I & II DP\Planning\PC STAFF REPORT.doc 16 Planning Application Nos. PA07-0084 and PA07-0085 Bob Crisell, Rancho View Professional Center Generally located at the southwest corner of Rancho California Road and Moraga Road A Tentative Parcel Map and Development Plan application to subdivide a 5.3 acre parcel into two lots and construct a three-story 50,000 square foot office building and a three-story 35,000 square foot office building [APN 944-290-022] In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Initial Study and the incorporation of the attached Mitigation Monitoring Plan; and a Mitigated Negative Declaration will be issued in compliance with CEQA Betsy Lowrey City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: October 3, 2007 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. , -- " / , , ./"~" ""'-",-",- ~~-~~-._- " ;- "0 '/,." I Case No: Applicant: Location: Proposal: Environmental: Case Planner: Place of Hearing: . \ / \, " // '. ., '" "\'" \ " , . " ., " ~\ '- \ \...-/ '''....".\//-"'''\ \ \ \,' . /" ,\\ / ''\'\ ,/' . \\ r \ \\ /' '. \' (/ \->' ---' "-'" o K~ ,....~ -,- Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: ! '., " ! \ i ! ~ - ,J " , , \ , \ \ \. --J , " ~_/ ... PrOJE;C~ Sii.9 1 . / ./ //\ ) \ '> , '. ---j / ...--"'..- / H'O F~H: II - r 11.. Notice of PubliC Hearing G:\Planning\2007\PA07-OO85 Rancho View Prof err I & II DP\Planning\NOPH-PC.doc ] ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: October 3. 2007 PREPARED BY: Christine Damko TITLE: Associate Planner PROJECT DESCRIPTION: Planning Application Nos. PA06-0346, a Development Plan for a proposed neighborhood commercial shopping center consisting of five single-story buildings totaling 40,400 square feet on a 4.3 acre lot; P A07 -0231, a Minor Exception application to reduce the rear yard setback of 15 feet by 15% within the Chaparral Village Shopping Center; and PA07-0194, a comprehensive Sign Program for the Chaparral Village Shopping Center, located adjacent to the south west corner of Nicolas Road and Winchester Road RECOMMENDATION: ~ Approve with Conditions o Deny D Continue for Redesign D Continue to: o Recommend Approval with Conditions D Recommend Denial CEQA: ~ Categorically Exempt (Section) (Class) 15332 32 In-fill Development D Notice of Determination (Section) D Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:IPlanning\2006\PA06-0346 Chaparral VillagelPlanninglPC STAFF REPORT.doc 1 PROJECT DATA SUMMARY Name of Applicant: Siirk Zijlstra, Ziilstra Architecture Date of Completion: November 16, 2006 Mandatory Action Deadline Date: October 3, 2007 General Plan Designation: Nei<1hborhood Commercial Zoning Designation: Roripau<1h Estates Specific Plan Site/Surrounding Land Use: Commercial and Residential uses Site: Vacant North: South: East: West: Vacant/existinq commercial shoppinq center Open space/existinq single-family homes Existinq day care/sinQle-family homes Existinq qas station and commercial Lot Area: 4.37 acres Total Floor Area/Ratio: .25 Landscape Area/Coverage: 25% Parking Required/Provided: 207 required/211 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 a Development Plan was submitted on November 16, 2006. A DRC meeting was held on January 4, 2007 to discuss site, landscaping, architecture and other departmental issues. The applicant submitted revised plans on June 28, 2007 along with a Sign Program and Minor Exception application. At that time, staff still had concerns on the proposed architectural design and scheduled an additional DRC meeting on August 2, 2007 with the applicant. The applicant resubmitted on August 13, 2007. G:IPlanningI2006IPA06-D346 Chaparral VillagelPlanninglPC STAFF REPORT.doc 2 ANALYSIS Development Plan (PA06-0346) Site Plan The project is located within the Roripaugh Estates Specific Plan. The Specific Plan does not include specific development information; therefore staff has used development standards for Neighborhood Commercial within the City's Development Code. Neighborhood Commercial is the designated zone for this parcel under the City's Land Use Map. The project conforms to the development regulations of the Neighborhood Commercial (NC) zoning district. The 21 percent Floor Area Ratio is below the target ratio of 25 percent for this zoning district. The site is constrained by a 28-foot wide access easement running west to east through the southern portion of the site. The project is located within a Commercial Association, where this easement is required. Architecture The proposed development is consistent with the Development Code and Design Guidelines. The architectural style proposes a Tuscany inspired theme. The buildings will be constructed of smooth stucco in warm colors of green, burnt red, and taupe with stone veneer strategically placed at the base to accent the building articulation. The main entries are enhanced with oversized arches, up to five feet deep with decorative molding formed in an elaborate design. Oval shaped Tuscan themed medallions are placed on building columns (all elevations) for added impact. Exposed stone located on the corner of prominent buildings bring an old world Tuscan charm to the center. Decorative lighting (on all elevations) consistent with the architectural style will be provided. Building rooftop equipment will be screened from the pedestrian and vehicle right-of-way by oversized cornices. Variations in the building footprint range from two feet to over six feet. Decorative scored concrete and pavers are provided throughout the center within the pedestrian pathways and common areas. Raised stone veneer landscape planters along with a water feature within the common area located on the south side of the project complete the feel of a Tuscan village. Landscaoino The landscape plan conforms to the landscape requirements of the Development Code and Design Guidelines. Five species of trees and seven species of shrubs are proposed for this site. Tree species include Queen Palms, Chinese Flames, Red Crape Myrtles, London Planes, and Fern Pines and range in size from 24" box to 36" box. The perimeter of the site will be fully landscaped and the parking area landscaping meets Development Code requirements. Tree and shrub placement will serve to effectively screen onsite parking areas and soften building elevations. The project proposes to landscape 25 percent of the site, which meets the minimum landscape requirements in the NC (Neighborhood Commercial) zone. Access. Circulation and Parkinq The Department of Public Works has analyzed the proposed traffic impact of the project and determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department has also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Access to the proposed shopping center will be provided by three access points. The G:\Planning\2006\PA06-0346 Chaparral Village\Planning\PC STAFF REPORT.doc 3 first access point measures 40 feet wide and is located on the northeast side of the property off of Nicolas Road. The second and third access points are located on the west side of the property off of an internal road. The proposed project provides 211 parking spaces, while the parking requirement for this size of use is 207. Minor ExceDtion IPA07-0231) The site is constrained by a 28-foot wide access easement running west to east through the southern portion of the site. The project is located within a Commercial Association, where this easement is required. The project includes a Minor Exception to reduce the rear yard setback of 15 feet to Building B by 15% to 13 feet. Only some portions of the building do not meet the setback requirement due to the varying building footprint design, however the building has an average setback of 15 feet. In addition, there is a large landscaped slope located behind the development; therefore no surrounding neighbors will be adversely affected by the setback reduction. Sion ProGram (PA07-0194\ This project also includes a comprehensive Sign Program for the commercial shopping center. A center identification sign designed in a low (four feet, six inches) semi-circle shape is located on the northwest corner of the shopping center. The center identification sign includes decorative elements from the building such as stone, rafter tails, and a cornice. Two multi- tenant signs are located on Nicolas Road. The multi-tenant signs meet height and spacing requirements listed in the Development Code. The sign age will be more than 250 feet away from one another and both will measure 12 feet high. The multi-tenant signage will also include architectural elements that are consistent with the proposed buildings such as wrap around stone on the sides, rafter tails, and decorative medallions. Illuminated wall signage is proposed for each tenant within the center, which is consistent with the signage located on existing shopping centers. No signage will be proposed for the rears of the buildings (facing the residential areas). Sign sizes and styles proposed are consistent with the surrounding signage in the area. Staff does have some concern over the Denny's signage on Building C. The signage proposes push through internally illuminated channel letters on a halo lit French Diamond cabinet. Staff originally asked for the sign to be externally illuminated by gooseneck lighting; however the applicant wants to keep the sign as is to match their corporate standards. Staff is particularly concerned with the lighting of the back portion of the sign. Further discussion of this sign will be presented at the Planning Commission Hearing. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on September 22, 2007 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32, In-Fill Development). G:IPlanningI2006IPA06-0346 Chaparral VillagelPlanninglPC STAFF REPORT. doc 4 1. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed shopping center with associated Minor Exception for setback reduction and Sign Program is consistent with the City's General Plan and zoning regulations of Neighborhood Commercial. No Conditional Use Permit, General Plan Amendment, or Zoning Amendment is required for the proposed project 2. The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project is located within City limits and is 4.37 acres in size. The site is surrounded by existing commercial and residential uses. 3. The project site has no value as habitat for endangered, rare, or threatened species. The current site contains no sensitive habitat for endangered, rare, or threatened species. The site has been extremely distributed by vehicles traveling through the site to get to existing commercial sites adjacent to the project site. 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed shopping center is consistent with the Neighborhood Commercial General Plan and Zoning plan for the City of Temecula. Impacts potentially caused by the project have been reviewed in the City General Plan update and EIR; therefore the project would not result in a significant impact relating to traffic, noise, air quality, or water quality. 5. The site can be adequately served by all required utilities and public services. This project is an in-fill project, located adjacent to existing commercia/ uses. The project site will be adequately served by all utilities and public service agencies. CONCLUSION/RECOMMENDA TION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve Development Plan PA 06-0346, Minor Exception PA07-0231, and Sign Program PA07-0194, based upon the findings and with the attached Conditions of Approval. FINDINGS Develooment Plan ICode Section 17.05.010Fl 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City. The proposal is consistent with the land use designation and policies reflected for Neighborhood Commercial (NC) development in the City of Temecu/a General Plan. G:IPlanningI2006\PA06-0346 Chaparral VillagelPlanninglPC STAFF REPORT-doc 5 The General Plan has listed the proposed uses. including retail and restaurants as typical uses in the Neighborhood Commercial designation. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial buildings have been designed to be compatible with the surrounding buildings currently located adjacent to the subject site. In addition, the project has also been sensitive to the residential uses to the west, and has designed the project accordingly. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Commercia/ Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and we/fare. Minor Exceotion (Code Section 17.03.060\. 1. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The site is constrained by a vehicular access easement running through the entire site. The proposed shopping center is designed around this easement. In order for the shopping center to meet this access constraint, the rear setback to Building B was reduced by 15% to 13 feet. Only some portions of the building do not meet the setback requirement due to the varying building footprint design, however the building has an average setback of 15 feet. In addition, there is a large landscaped slope located behind the development; therefore no surrounding neighbors will be adversely affected by the setback reduction. 2. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. The property in question in constrained by access restrictions and an easement. A reduction by 15% to the rear yard setback for one building will not be detrimental to the public welfare or to property or persons in the vicinity. The rear property line backs up to a large slope which is used as open space between the commercial use and residential use above. 3. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. G:IPlanningI2006IPA06-0346 Chaparral VillagelPlanninglPC STAFF REPORT.doc 6 The Minor Exception is in conjunction with the approval of the Development Plan for proposed shopping center. The Development Plan will include appropriate conditions of approval and will only allow uses that are allowed within the Neighborhood Commercial Zone. .Sian Proaram (Code Section 17.28.080\ 1. The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs shall be included in the Sign Program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type, or sign shape. All signage proposed in the shopping center is included in the Sign Program. The Sign Program incorporates a center identification sign, multi-tenant monument signs, and wall signage. Wall signage within the program allows for varying styles, lighting techniques, and colors. b. The buildings and/or the developments they identify by utilizing materials, color, or design motifs included in the building being identified. The proposed monument signage (center identification and multi-tenant) include architectural elements consistent with the building architecture such as rafter tails, stone veneer base, wrap around stone siding, decorative cornices, and medallions. The wall signage is carefully placed to promote the business while maintaining the building's architectural style. c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The surrounding development will not be adversely affected by the proposed signage. All monument signage will meet height, spacing, and setback requirements per the Development Code. Wall signage is consistent with existing wall signage in surrounding centers. No wall signage is proposed on the rears of the building, to protect the residential development from illuminated signage. 2. The Sign Program accommodates future revisions which may be required due to changes in building tenants. The Development Code allows revisions to Sign Programs either by completing a Minor or Major Modification application to the original Sign Program. New sign age or a change in signage will be permitted administratively by the Planning and Building Departments. 3. The proposed program satisfies the intent of the sign criteria in the Development Code, except that flexibility is allowed with regards to sign area, number, location, and height. The proposed Sign Program is consistent with the sign standards listed in the Development Code while satisfying the applicant's request in sign variation in sizes, colors, and styles. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglPC STAFF REPORT.doc 7 ATTACHMENTS 1. Vicinity and Aerial Maps - Blue Page 9 2. Plan Reductions - Blue Page 10 3. PC Resolution 07-_ - Blue Page 11 Exhibit A - Draft Conditions of Approval 4. Notice of Public Hearing - Blue Page 12 G:\Planning\2006\PA06-0346 Chaparral VillagelPlanninglPC STAFF REPORT.doc 8 ATTACHMENT NO.1 VICINITY AND AERIAL MAPS G:IPlanning\2006IPA06.0346 Chaparral VillagelPlanninglPC STAFF REPORT.doc 9 City of Temecula I PA06-0346! o coo 540 1,080 1,620 -eel "" J Tlls m;Jp wasm..de by the City ct Temecula Geographic loform3111n System. The map i5 denvedfrom base data produl;ed bylhe River$ida Comly Assessor's Deplrtnentand the Trall$portalioo and Land ManagllT1ert Agerc;y afRiverside CQI,.Irtl.y_ The City r:i Temecula as$U116SnO warrartyor legall8spanslb'ltyfQrltle rota,malion cortained on lt1is map Data a"ld irtormalioolell'eserted 0/1 lhi;; m~ <<e 5ubjectto ~daleand modification. The Geograpllc Irtormabon Syst~ and oll1ersolSceS$hoiJdbequeriedfor-flemostcurrerlirlormation Tns I'I'13pisnolforreprirtorresale. , ' R:'GIS\keli\aran~U)foj'4llanring map set:slpa06-0346 mxd ATTACHMENT NO.2 PLAN REDUCTIONS G:IPlanningI2006IPA06-0346 Chaparral ViUagelPlanninglPC STAFF REPORT.doc 10 ! I 1 1 1 ~! .1 .' ~I ill' ~! <I .' ! ~ !::!..k:.OLAS _~_~~_'.!9.!t.B!l-,--- VICINITY MAP ~-~~IJl ~~~~~ ~t::r~ APP11(".ANT/A ,I~ ZlJL..OllU. R(,"~l-ItTECT ~,~. ",.,~~""'. _ SHEET INDEx ~~~}~~~'""o-;~ ~=~N (b5bJ ......,<"'"' ~ ~:Ar~~",;~~ OV'lNER :"'~~I"'" ,"""""$ ~E~~~AA~,W." ~-;E?~~~~~~N ::':;;';:c,;.':':;;''''~ :::;~:;:;;,:;='";~ .''''....,~'~:"''" ~.~=::~~ ~:;=~=;;: ~g_~ ~~""..~; ~T1""~ ;~:,.:~:E:g ~~ ::-;ev'-""'~~=~'-"" BUI<-ON"'.ECevA~; -r-_-::<...-: NICOLAS WAD ---""''-'~" B.EGULATORY "'ON....... ~ INFORMATION za><1N..~t>~N"'I1C"< N"""""""''''''~~'''c ~P<CNry Urn;> =......."~I"'- ~lO!!y.:;":>o "".J"L ..""..r-o" :>0 ~;:",."~.."':; ~""'''''NOO<'' L.OTC ..., 3"' ",.-noN ~~,~;: ;,'", """ '0 "".. ~N~=~" ~.:C" COT""" "-"f'>O'<...,....;.:;',.';~'~~""D;;;r' ,::,=-;:..;;:~~;:.C;~" ,'" ~"' ....,,,.,, ""''''.E ,~- "'.,-A,- ~., -. =~ '''5S' TOT"'- b,:;';r;, Tar"'-""LD>'<"'~<oGhJ""" - i.o~:~:,.$:, ~.:~~~~~ ~~;;:~~~,,~.~=:p T~ '-= ;=- ....""';.. -,- \. I ~~ ~-- .........-, '400$F ...""S" ""'s" ~ '0"'''5' ,_...............J PAVIN6 ~';:,.~V"""_,O><P<>=> !N"""""", ~~"""_"TI! ~~~"';;'=,<CHC~""'~" ::;:::;;:~"""",,;:=""" ~U~""'~T.,""~~"T =~"""""N~"".~"~"" U<>"T~':'IN;;;:;~~ CAfTO.....,..... ~ mID ;..~-''<".I, ~~"'; "'EN. """f'EI''''''T"",,"rTY LEGAL DE ;~~""TI<"T~""'''''''af':TI!M",,,Ju. C<M<"'oF,,~RIPTION ~~TI<;';,~~~~'T:"':;~"'''''~''.:: ~T"Tl'.Of'''''U"'''''''''' 000<:><"'''' ""_.,, .~. ~o;;::,,,.;:'::'';'i~'~ ~ ...~~ ;.~;:;;00'~"~':"~~~ .~.~ .,..~~;:.;:,"",:;:~~' =';,:''-Zi:..-;:;;,:;,d::,.';,'':;~=~~'~-'~- ._.w.. ::=~,::,=~=~~:.~:<'i.:.:;.,:,~;:::'';:''='i''''-~~O ._=.. .~'.TI~'~;;:':=;::' ~"'O.~;:::":';:":''''''';';';:'~;:Z:O'~'::O~'-' ='" =_"'~._ _".,:::N~-=';''''"'_~'~''o ._= ~,_...,;:::;::::::d.,,~:';:;::;,""'TI'"- -.-" ;;;,;~'~ ",,~:';~""'TIC<'<C#~....'. ~"oe;""T"3<~'2'~T'<oF"''''' _ ._=:::. ~~::'~::'~..,."'_,.. ". ..".~:;:~':o::'~ M"""'"""MET"E~.o..oJ..",,,,,,~,,,~';;;.=;;"""N~OC>.-'. u>TL.P<"""'~TM"""" .~"'''5''T'' ~ PARKING ~ TABULATION ::~~~NT ,''.',,,,,,,,., ~"';."N=- ~.~';.,~~.. '~~,~:..~ :~"-;::;:;7~?;;:';;~""~~'~1<U>.J"",, ..u.. . GENERAL ~UU'~~"'-'-BEINGO'O NOTES "",,""NICAL~,.""C,,"C';;;;"'''''''"''''T~,"" ;~~",~:-;:';:;"~~V<LA~';;;':: J!!c~:..:~;':'::N'" ~.:;:,:e~""".I,'.=...5">"'""""'T"''';:',,'';'':Te""E ~,:;:~,;aD~D ~ ,i1l>HTJN" ';:;~~:;'i":""" EN....'... EUJu. ...JNC'~",- ~OlO~""""",,,,';,O;;:IN",, BY~~'''~ "NC"~ ,,"" ~,,:-::~NO~~':~""IN~Y""""'IN """ro<T'<","".~N ~.;;::/EP:v.~Z :;.~~::::iilr:...."6' ~U.N-o r.:,~~~~~~,;;~~,:,,;;,..r7:r:/JFC;;;II~""" ~~'~'<;<'''''TE':: ::.~"""",;g".:".."''''^D~ ~::""'~ "=,~~~,;;~..,..~%~";;.":;~:;'~%..,, ~~ ~~~~~~:;;~~~~::"FTE".=~m....e"." "'-'- ""em.,., S""~~~~~,::'~:,~~~ TO";;""~~ ._N""" ~ f:.~~"'~ "-oI""...-m:>S~"""'" ,,,,,,,,,~~YGe""'.I.G""'b"T ""'-\JDU>J T"T"'-....~~.;~:~;:.,;~ ~r;"'~:.;:,,"""'~ ~ ZI.JL5TRA Arc.h itec.ture '-,/'-~-" r .il . -- ') \ ;- :;."= ""~' lL .....r_J~.~ ~""-r"""!......= Z!lOI~-.:>L.""'" CHAPARRAL VILLAGE NIGola!'> Rd ,'MGhe!'>ter ~ S.E. correr TRa ("19) CA'1':<5~~eCUla SITE PLAN ~~~~~3':;, .....;....., 0"113 1 ZIJL5TRA Arc.h itec.ture \ ,~ '\" j, \, ' I ~I " j.' ""~"'_""~"L. ..,....a...',u..""'" "",(,,~..,,~..., "M (b"""".,,,," ~.--""'" CHAPARRAL VILLAGE Ni"ola~ f<.<l. ~ ""~<ohe5te,- RCl (1'1) S.~. c.orner "e'l',ec.~I", CA'l:25'11 AERIAL LOCATION PLAN ~............_. o.--.."'"'^"'" ,..".'~' ,",...."v""' o. ..~. ~~'''l-,''{:;;';'' .",,,,, _.MI...""'".''' ..~,,,,,, ~,.",,,,, ;., ....)...,~ 2 " ''\.~~ A'- B'- ! 1_- C'- i ! -----_._---------~- ., _. ._-_.~.-...._.. 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CA.'''M .~""t ['''l -"' ",Ol '''''''''''G"IO"'' ~FI""'~"'''WNFR 00."-'0." 11" "'~"'[Cf 'l'JO[O 'wlt"" l.O.o:IU.A.CA910J7 """"""'-"'-1.'1 .l1Il'O,C<O",OT PRnJFc.TFNC;INnR J[l!NE."'NEEllING ~1'[";;:"",,"lOCl/lC'-' 1'[WEOJV..C""ro"N"""'" ....""E:(...I09:>--$Il<l' .." ('51)1l:>--~1$ CONTACT. DOUG"'''' ""~"'Nr...",.~~ <l8I!1'-"'NO".e,ANO0 SH'LL ',^\lEDO,,",SMUTIlHA"DPIl'l:D AND ,RE' ORAI.$ '0 O~ DHEA~I"EO AI 'l.AltIlU", <I' OR'O<~OIO""'''',",TIO" (A""'(NTSH<U.9t""&,.,,, AT' co"'" O~lt.. ~__ r-~, ~1'r'\.;;-;'~-~:':5~.;:: \ ~'"'''''' ,. lJ:O"'- o"CllI~nOt< ~...:.=:::::...--"'"..........,,"''' -,-~-,~._-"",._~~ ~=~~~~.....~~~~ -.....---.-..-.......---- =~~E.:i:'".::::.:E~.;,-:.:r ::::-;;..:',;::;,'~;;:;;.~..-~....":.;.- ~'i~::::=....-"?-_O:;:.:. ...-.._,'",_.....,"........."........ 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""L ..,,"""".......,~_._ :...-= .:.:~.:~~.:._ __.oo-,,~ . ..---"_.,,.._.........,,"""'''''~,_..... ""'......-.......... -..,......, .....,."""".-" :-.:r.:='Jr'~.....-.._.._...... ~,,':'~:::'.::-,.,.,.."'" """ I" I).... "" ~.--..............'''....- ~' .. , IVllPlNUANDSAFETY :.& .._.....__.... ;'"";":.";;"..:m"'j~~~';',,,,,, ::=.:=~..-.,. .......,"'.' ,- ~ CITY OF TEMECVLA e! I!CfW"MlX", ""'I'if""""S -,- ..-"."" CHAPARRAL VILLAGE 1_. PRELlId'N"'RY GRlWING PLAN DSIGFiOUp .y \ """""""""'""""" " " ',- ", " " . <-,~ ~~~ ;;:; , '1, ! ! J I". r ~~~oDl_ I ,Jiiii' ..,":~~ ....j 9lOI: .~. BUILDING "A" SECTION - "-,~ 1"'1" I , i I \ 1-'1"1 t I ~-"' 11J! ~ I 11,,1 i L'-:::5 _.~I ji D.Sl1NCC . lIIM1.' "A1m1 ":':NI(I.Onm.t) , i ~ ~ .. CROSS SECTlON i'.A' ",/' ""1 ! ! ~ , /:: '~~ ~ i IOJ>C'." "-"'~':''''!~ CCHcOll:ltP.,. i ..DEw"..... ! """"~.." N BUILDING '8" SEeTIO ~,I.S- '- ~ I I I '_.~ -. I ... "':'-----(J{,..,1I-OIl -. I JE~ I "-:~:. Re[,,," .. l --, f \ I I ""1 I I c""".__ , \ " \ \ , ~~ \, I , ~ \, \ , , \ J \" ", \ , I . '--1-- ."."""1 i ",[, ~l L- p~~",:,,~_ \. ~ --, - T-I ----;:~"<:iIOU.O ! \y! .=-.~ , C~_NCW"'" " ~ I~.;==:..':.- ; , ,~.. i 1 ; , CROSS SECTION B.S' UI VILLAGE CHAl'~RADIN(lPlAN PREU~~t:SSECTlONS DSTGl'iOUP i ! I I '-11"'1 i~, i i: I !i'i II ,I'1'}i .r~:~.:~~' o;',.~;~,------ I J 1 1. BUilDING AND SAFETY "",II!1l''''''''''''i;~u%""" mu"",,,,,,,,, """"'''''''- ~ -.- .'-"... OC",",";[Iff"'I'li""'-"""" L ----' -', _\ I-----~ v- I I ""I I I I I I I I I I '-I ..-~ ~- 1"""1"'1 \, " , , , , , , .. , \, " i. " , , , , , " , " " \. J \"~~-'''":J'~ .. . 1[."."ow,UJ........,,;rn "\ '-~-"'"' 1\ ' - --- -----r--r I [)lIS,,"',,!,"'"'" C~OSSSECTlONc.c iTI . , , - - .....1 ~ --b~ , I~, P.OF I'l'Da",", \ ~ ~~~~--- --11- , (Xls.'OO""".'l ::;' jl~~ --- I I ,---- I ' 1 ! -I-- I ~ --~ I I I \ 1 1 ~ i ~ 1 \ 1 ,;"" ... CIl.OSSSECTlONDO It, I ~ l J: ~~I-~f-- --~-r:---- - ".L"j i I ...x>"'(a'fOll<'S) I \ ~ -. .., -. I :;.. J ....._~__()f 1M""'" RC(IIo ""', 6" 3' 6" tLJ 10"1~.~J CONClIETEPAN CONCRETE PAN DETAIL . ""s BUILDIN(J AND SAFETY ~fn"f~~""1;':lt...:u"/-'"", ;;;;;--- I)(fWIflif!IfOFPU8LIL"",""S I ,,=:~.. L,'., -~- =iI-'"::""'......_ e! CITY OF TEMECVLA CHAPARRAL VILLAGE PR€ll~:rO~: ~~~~PI.NI OEllGi:OuP --. '''- ocr.. ..,.. ........, - !. DENNY'S BLOG,C 4,16gSF 91ECAL~T1ONS .,~ .~ ~ I ~~o~oo Jo!oo -'-'!1~_.__._._._I_no..oa'~-T' 'Oo,.".on J,'" "",,- ,~ or '-"<0....'.' ._aARQ. JO'.so,n- 7211or w.ose>.o"o l'~ 0' lH'<<>S<'APING lol"-"'"OSCA/'EAAfA "....'OM l""O"QT...S'Tt UH>SCAl'[...c.," ".0,". "l PLANTlIIIa LEaefoLl I , l ,.,....... 1.........'''.llIOT...<'O<'....., 8 -0 : ;':~" I ::O:":;;~~:._". f:\O',,,,,,,, '..,.,.....""'"..u"'""ruF~.. ~ (.) : =u~.,~. =:'::"";;~.LoacCOOO G 1K.A....o.":''''''''''''<TH"5'''''oc.uoA.~'''''_. @ 01'-"""0. eEl..,,,,,,,,,. o [so,,,,," """'-""""""'[31 o 0 f~~,;: =:':"~:.".. CD ,,,,"",'v' .,TT"5"""'"".-.....",.,.,. @J ......1..0 FW'.(lJgo,,,,",,^,~, '"" lo,"........y I"'" I 1:.::::.:';-.", '.'0' 'OH'''''' ""'" 1Of< "-",,, I "1P.'1!-_."'l!!".! I ~"." 0_ .~.. '" ,,' 1''''.0"'''''''''''''' H.....l , 00""".",,,,,,-1"""""0_'" -.. ....." , "",,",,[<""'_0><10.-'0" "'_Ul.'0' "",.".. ,~ '" ""....liI<r .~, ,., '" ~ .-, "'~ ,., '" rvu..lMJS"T '0' .., 'lA'...-~_<<..m.1DW' ,;;;em... .., " "'''.~T vNl"'N:r"~ ~,"" ,., '" f\)Ll.'U"OY ,,,,,,,,,_ft_ ,~ 'M "'"..""" I OOM"". ...~, I """ I......... 1m:........ 1...="", """""E"""""15'."'''''''''''" '.""".m...."- "~ lS2J ...."".. ""'""'''''""01''''" GmI 1="""<" ,,,. 0<,., MUL'" '"'''_.''''''U( "....""OSfiD,,,.,o'O ,,,_, 1.,"'U_a>ol.,:rJA""""^,,. ,.m..o-",,, ".OEEPt""'...(;a/!'I':;."..,,,.....,,,...."",...c.r...I"'._,,,,, ''II'OOOwuLC" PAflI(N:lLOTTl'EECALCVl...A1lON TREE CALClLATlON @ ""'"' OltOUlOtc ,,.,,,.u...III<'"csr<U.S ". (,OOS1OUS) J !!\'l'"".B.-<.3'""WllS. 1llL!I. J'"SC''''''S " .."BD."',,,, "A "'''''-.....s . """,-,...rn ,"-'..---......"""""""""""""'" -"""'~--=<""".-~ 1.M~""""'''''''''8CU1>JlCO''''' ""-.m::t""'''''O...(Yf(ll<C.......,.,,''' <X>'fW'IO"""o."...."':(, J."-L........."'-S>w1I'D,,....,.,......"""vtOff"Y ,.......rrwnt:s.rr,"'" ,"-L....."",.Sl<<U.........,.;or/l'UWtlllGm>. --- ~ " GFUPHICSCAL[ l 'Nt" =Jorr. PRELIMINARY PLANTING PLAN REVlSEO Ii'. Ol),\~,,,:~ &. :l:'~E'~: - 1>\:;\'"\..,,,. l 0... ~ 'i u~ 5 t~ ~ ~~ II: ~~~ c~ 10 ~j ~ U ~d g i~ ~8 ~ ~1l <(.:'5 ~;,g 0: ! , @ i ~ ~ gi I w , td I j ~~ ~ > ,I ...J " ~ ~ : ~ a: ~ ,. ~ ~ n u u ~ ~ G ~ H dro\l'rl: V,D. ~11~~ked, V D dote: 11-13-06 SHEET L-1 of lsheets JOB NO. 06-1.9 ~::- .::_. -'-=:,~:---:::-'-=':::""'"'::=L='= '=-----.... "'1'''-'''-'--1 --.....- ...~ ..., ------- ~"';.."":~"":' ~~~,=~~~ -_. ;;:;;;==-..:;r......:;;'--"---,--.--.-----"~-'~-""'" ==---... ... 1"- "-j ....--............... "'". 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N'Ii_"".... 1C ""_.......""'~.."., no,(~bJ_~""" """(b",,!""!!-~ .....~."""-GOf'o< CHAPARRAL VILLAGE N'c.OI<*> R.::I.@ ~'~c.he~te- R.::I. ("19) SE c..:'rn~r T~m'!c.ula GA ~::.'1' BUlL-DING D ELEVATION:;, """.'..c.'"'" "',', '-"""'--'" ,.,"", ."",,""....,.. '.',.,,, p"L".' ""'"'-" "",, '"",-.,.. .""~, ~"J."_' 0113 6D-3 ! I fr" 'r= <<.J. . r ~. T ''''U_~~':f'' : ,"" - ,,' ":1 . . . . , , ' ...~' : ~ :"--T""""''' i"-- , """". -=f ~r Clmm , I ~~ :::-r-'-~ ~, "----:01 /~.~ \, ~p '~ '" _.._"<;>..5""'~. ",,",,~""I'J..Fao. r-- ' ~~~".:~::~~ ;> ~~, ....."F..............~~ll'''~ i 1:1 ," <:-". , , , , SLOG. E' 5,105 Sf ! ~-~".m' . "f"~' .~ . fl. ,C "= . . I ~ ,.-- . -j ":Jlf~ ~ ~ ~~ ..jr[.I~ Jv.~ '.' 8,t: "~" j~1~~' . ,//~'" "',j;; -:-"" . .1 /~ ,I. <..,. I !_~_ , Ut- .. : , . . . ,.,-\ "~'"-""-'" ~.~ ..c~ '" ; -r-.~ . .. .:.... ;> ./\~' : ~ ~~~-"" . ~Il i--+-'-l , //' _,::,~E !o; rd' ~~ . - -0 . u;-,I , " ~. I v C:l c:~;U ~ ZI.JLSTRA Arc.h Itec.ture \~~,T ~s\,! I" :0 .~ "'~."r_\'''''''''L --..,.."".", ""'. 'II!I~J"!>-5""" """(&00&)"".10"" -~~ CHAPARRAL VILLAGE NICOla,; Rd." ~inchester Rd, (l'l) S.!;. c.or~er TemeclJla. CA'I2591 BUILDING E FLOOR PLAN ,._. 'or'" "", " =,*cT>..,., ""0' """"'''''''"'' 0,"''''' ~"'t'i~;'" ,""""" ..~~,,,, ..",," '_'''''~ ......,,~, ""'J...., 0113 BE-1 t TI~ l!:::~ ~, -. ,-_.t~ '-' -'0 ,---------., o . ~; , , ;~;,:tc.=.-J "'-t","----- . (h~ ~ ~ ',12 ~ ~r i J,- """ 1- -- r~ "1L I - ~1 '" ZI.JLSTRA Arch itecture ~ C',--,',) . .~ '-( ""~."'_'O'~"L _e...,.,"",'IX>'l5 '"".(....1-......, """1.0&)."....""" ~.-'OI...CO<< CHAPARRAL VILLAGoE "'c.ol,,& Rcl . ~I""ne:~te:c R" [1"1) "'I': ,",orne' ""e"'ec.\.ll~ CA ~:>"'11 BUILDING E ROOF PLAN -=~,::.~ a.~~", w""...."" . 'C' ;:;,o'''lv''t.;:.".''..'''61 _""'''''' ."',~1 'O"'''l".,,,,,,,D' ""';." _0113 BE-2 ~..~- .', -~'''~'J?'\''iOf'' ''':~:, .''-. ...~.. '.'.................-~..- >'V1>U"",,TII<" ),," . ......T' ~. "-"-' \ ........... ... \ . 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"""(6!61,""~ _.~ GHAPARRAL VILL.AGE N,c,ola", R(l " ~inGhesler R.::l 11'11 ::.E corner 'fe"'ec.~I!I G" q25~\ BUILDING E ELEV A TIClNS ':"~~t':';"'''''':':,~, ~_""T.Ev~ """," ~:::~,~~t,::""'~' ...~'"'" .,.>C.", ""~J."'. , 0,,13 BE-3 fM.aj1aM'al 'jlllafl-€ ~Jl qlJl'OfjYaoJ"lI C' f~'AJA~ ;.~\ / \'. L, _(.I ~ "__.> .___.0 ___ ...._. _. .-~.-.--. V-,- - AO-- , r '.' c . '-. "", l] . j,; . .., ~r_j ..Ll!..!!( .. \ --' TEMECULA, CALIFORNIA PA# 07-0194 SHOPPING CENTER PA# 06-0346 APN#'S 920-100-25 920-100-26 920-100-32 920-1 00-30 .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RLG ~~mg~~ _~_~_._.._.._ u _.. _ ... {i'lu7j1/aJ'~(al1{lI~e Jf;r f?}Jl'o;jYaWl PROJECT DIRECTORY LANDlORD: OBI GROUP 1224 PROSPECT STREET. SUITE 150 LA JOlLA, CA 92037 TEl 18581 729-1833 PROJECT ARCHITECT; ZULSTRA ARCHITECTURE 731 S, HIGHWAY 101, SUITE lL SOLANA BEACH, CA 92075 TEL (858) 755.3360 FAXl858175S.1097 SJGN CONSULTANT: UlTRASIGNS ELECTRICAL ADVERTISING 5450 COMPLEX STREET #307 SAN DIEGO, CA 92123 TEL (858) 569-1400 X106 FAX (858) 569-1453 ATTN: REID COOPER .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT 06, 2007 AT / RlG TABLE OF CONTENTS .. COVER PAGE .. TABLE OF CONTENTS .. PURPOSE AND INTENT / SUBMITTALS & APPROVALS .. SIGN RESTRICTIONS m SITE SIGNAGE AND BUILDING SIGNAGE DESIGN GUIDELINES _ TENANT SIGNAGE COLORS .. INCIDENTAL BUILDING SIGNAGE m CROSS SECTIONS III SIGN PETAILS lEI PHOTO SAMPLES WALL SIGNS lEI WALL SIGN SITE PlAN 11m MAJOR TENANTS I (0- ~ I -IIIllt" SHOP TENANTS GROUND SIGNS ~ SIlr;:f"'LAI\l m Ii'rI..V"~.)I\.]I'tj rYlonu.me.w S)Cfl~ EEl CENTER IDENTifiCATION MONUMENT SIGN ~Um.. ~__.._.._.._...~_n._.........I f5Aajtalti'al 74ila:Je ~n ;?A'Offlra711 A, PURPOSE AND INTENT The purpose and intent of this sign criteria is to provide the guidelines necessary to achieve 0 visually coordinated, balanced and appealing sign environment. harmonious with the architecture of the project, while maintaining provisions for individual graphic expression. Performance of this sign criteria shall be rigorously enforced and any nonconforming sign sholl be removed by the tenant or his sign contractar at their expense. upon demand by the owner. The City of Temecula Deveiapment Code Section 17.28 shall prevail regarding areas not specifically addressed in this sign program. B. SUBMITTALS AND APPROVALS Prior to sign fabricalion and inslallatian, plans for all proposed signage shall be submitted to the Owner who will review plans far conformance with the sign program criteria. All plans submitted for approval must conform fa requirements of the criteria contained in this Comprehensive Sign Program. The Owner shall have the discretionary authority to deny appravai for any subminal which does not comply with the purpose or intent of this sign program. For signage approval. such submissions shall include 131 sets of the following: A. A photo simulation and elevations showing all proposed signs indicating sign type, design. location, size and layout of sign; drawn to scale indicating dimensions, anachment devices and construction details, colors, materials and lighting details. B. Section detail of leners and/or sign element showing the dimensioned projection of the face at leners, method and intensity of illumination. C. Calor board with actual sample colors 18-1/2" x 11" format!. Requests to establish signs that vary from the provisions of this sign program or any requests to change the provisions of this program shall be submined to the Owner far approval prior to submission to the City of Temecula. Fallowing approval of proposed signage by the Owner, applications far all permits far fabrication and Installation by Sign Contractor shall be sub mined to the City of Temecuia. Fabrication and Installation of all signs shall be performed in accordance with the slandards and specificallons outlined in this sign program and in the finai appraved plans and working drawings. It is the responsibility of the Tenants sign company to verify all conduit and transformer locations and service access prior to fabrication. Tenant shall be responsible for all casts for Building Tenant Signage and Site Signage panels as fallows: . Design consulfant fees . Application and permining fees . Sign fabrication, related materials and installation fees lincluding all plan check and inspection costs!. . Signage removal, including repair of any damage to the building. It is the Tenanfs responsibility to properly patch and resurface all holes and paint surface to match the existing color. .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPl 06, 2007 AT I RLG Ul!MIIDD ~-_. @wIUlJwa/ 1tilalle ~n r!A,Oj/JCam C, SIGN RESTRICTION~ PROHIBITED SIGNS, 1. Signs constituting a Traffic Hazard: No person shall install or maintain, or cause to be installed or maintained, any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "STOP-, "lOOK", "DANGER" or any words, phrases, symbols. or characters in such a manner as to interfere with, mislead or confuse traffic. 2. Signs in Proximity ta Utility lines: Signs which have less harizantal ar vertical clearance from authorized communication or energized electrical power lines that are prescribed by the laws af the State of California are prohibited. 3. Signs painted directly on a wall will nol be permined. 4. Wall signs may not project above the top of a paropet, the roof line at the wall. or roof line. Signs on mansard roofs and equipment screens are prohibited. S. There shall be no signs that are rotating, revolving. flashing, moving or audible. 6. Signs must be architecturally compatible with the entire center {including coiorsl. 7. No sign shall project above or belaw the sign-abie area. The sign-abie area is denned in lhe attached Exhibit for minar and majar tenants. 8. Vehicle Signs: Signs on ar affixed ta lrucks, aUlomobiles, trailers, or other vehicles which advertise, Identify, or pravlde direction to a use or activity not related to its lawful activity are prohibited. 9 light Bulb Strings: External displays, other than temporary decorative holiday lighting which cansisls af unshielded light bulbs are prahibited. An exception hereto may be granted by the landlord when the display is an integral part of the design character of the activity to which it relates. 10. All materials used in signage construction and installation must be new. No used materials will be allowed. 11. Skeleton nean will nol be allowed. .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT 06, 2007 AT / RLG 12. Banners, Pennants & Balloons Used for Advertising Purposes: Temporary flags, banners, or pennants, or a combination of same constituting an architectural feature which is an integral part of the design character of a proiect may be permined subject to Municipal Code requirements. landlord's. and City approval. 13. Billboard Signs are not permined. 14. The use of a permanent sale sign is prohibited. The temporary use of these signs are limited to a thirty-day period and is restricted to signs affixed to the interior of windows which do not occupy more that 20% of the window area. Each business is permitted a total of nof more than ninety (90) days of temporary window sale signs per calendar year, IllEGAL SIGNS, Any sign that is deemed not to be in conformance with the approved Sign Plan or erected without government approval or permits is considered an illegal sign. The Owner may, as its sole discretion and at Tenant's expense, correct, replace or remove any illegal sign. ABANDONMENT OF SIGNS, An abandoned sign is that which use is discontinued because the premises upon which it is located becomes vacated and unoccupied for a period of more than 90 days. The Owner may, at its sole discretion and at Tenant's expense. replace or remove any abandoned sign. INSPECTION, landlord reserves the right to hire an independent electrical engineer at the Tenant's sole expense to inspect the installation of all Tenant's signs and to require the Tenant 10 have any discrepancies and/or code violations corrected at the Tenant's expense ~~D -~-~_.-.._.._......~-..._.. ...- {f/haftapn;u! Ydky-e ~n q!/<OfP'U4Jt D. SITE SIGNAGE AND BUilDING SIGNAGE DESIGN GUIDELINES PESIGN OBJECTIVE. The primary design objective of the sign program is to generate high quality. creative site signage and building tenant signage. A diversity of sign types and styles is encouraged to impart a lively quality. Treatments encouraged by the program include signs incorporating multi-dimensional forms and combinations of colars. shapes, materials, and lighting techniques. 1. Signs shall be designed in a manner that is compalible with and complementary to the overall proiect and adiacent facades. 2. Signage that incorporates logos, business identity, and/or images denoting the type of business shall be encouraged. Logo design and colors ore to be approved by the Owner. 3. Wall signs shall be affixed without visible means of anachment. unless anachments make an intentional statement. Wall signs need not be anached directly 10 the lease space to which they refer. 4. Ground signs or manumenl signs may be located within landscaped zones between property lines and building setback lines. allowing for adequate site- lines for approaching vehicular traffic at street intersections and preieet entries. 5. All sign fabrication work shall be of excellent quality. All logo images and typestyles shall be accurately reproduced. Lenering that approximates typestyles shall not be acceptable. The Owner reserves the right 10 reject any fabrication work deemed to be below standard. 6. Notwithstanding the maximum square footage specified for sign area allowances, signs and typography in 011 cases shall appear balanced and in scale within the context of the sign space and the building as a whole. Thickness. height. and color of sign lenering shall be visually balanced and in proportion to other signs on the building. 7. Stacked copy is permined although there shall be no more than two lines and a logo tor any sign.. 8. Logo and lener heights shall be as specified and shall be determined by measuring the normal capitallener af a type tont exclusive at swashes. ascenders and descenders. Ascending and descending shapes shall nol be included in allocated square footage except for the area they occupy. 9. 200 squore feet of decorative landscaping is required 01 the base of all freestanding signs. 10. Any primary sign lener height shall be no smaller than eighl inches. .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RlG ~~~ -~-~_.-.._.._......~-...".. ..- 6'ha/u!J<J(aIP;.'llajJe .Afrn f}A'Of/l'am D. SITE SIGNAGE AND BUILDING SIGNAGE DE51GN GUIDELlNE5 lcontJ CONSTRUCTION REQUIREMENTS, 1. Sign companies must be Ul. approved, fully licensed with the City and State and shall have full Workman's Compensation and generolliability insurance. 2. All sign fabrication work shall be of excellent quality. All logo images and typestyles shall be accuralely reproduced. lenering that approximates typestyles shall not be accepted. The Owner reserves the right to reiect any fabrication work deemed to be below standard. 3. Signs must be made of durable rust-inhibited materials that are appropriate and complementary to the building. 4. All formed metal, such as lener forms. shall be fabricated using full-weld constructIon. S All ferrous and non-ferrous metals shall be separated with non-conductive gaskets to prevent electrolysis. In addition to gaskets. stainless steel fasteners shall be used to secure ferrous to non-ferrous metals. 6. Threaded rods or anchor bolts shall be used to mount sign leners which ore spaced out from background panel. Angle clips anoched to lener sides will not be permitted. 7 Paint colors and finishes must be reviewed and approved by the Owner. Color coatings shall exactly match the colors specified on the approved plans. Only semi-gloss acrylic polyurethane paint may be used. 8. Surfaces with color mixes and hues prone to fading (e.g., pastels, fluorescent, complex mixtures, and intense reds, yellows and purples} shall be coated with ultraviolet-inhibiting clear coat in a mane or semi-gloss finish. 9 Joining of materials le.g., seams} shall be finished in such a way as to be unnoticeable. Visible welds shall be connnuous and ground smooth. Rivets. screws. and other fasteners that exlend to visible surtaces shall be flush. filled, and finished so as to be unnoticeable. 10. Finished surtaces of metal shall be free from canning and warping. All sign finishes shall be free of dust orange peel, drips, and runs and shall have a uniform surtace conforming to the highesl standards ot the industry. ... CHAPARRAL VILLAGf CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT / RlG 11. Reverse channel letters shall be pinned 2" off building wall Signs shall have clear acrylic backings, and p.k. housings shall be mounted flush 10 surface of building 12. Depth of open channel letters shall not exceed 4" All hardware and neon tube supports inside open channel letters shall be painted to match intenor letter color. Neon tubing shall be sufficient to make letters read "solid" and shall be Installed so that lop surface of neon is flush with front edges atopen channel. 13. All lighting must match the exact specifications of the approved working drawings. Internal illumination to be 30 milliamp neon, installed and labeled in accordance with the "National Board of Fire Underwriters Specifications" 14. Brightness of signs is subject to opproval by Owner. Surtace brightness 01 all illuminated materials shall be consistent in all letters and components of the sign. light leaks will not be permined. 15. The back side of all bare neon used for signage shall be pointed to provide an opaque finish. Paint color shall exactly match the Owner-approved specification. 16. All conduit raceways, crossovers, wiring, ballast boxes, transformers, and other equipment necessary for sign connection shall be concealed. All bolts, fastenings and dips shall consist of enameling iron with porcelain enamel finish: stainless steel. anodized aluminum, brass or bronze; or carbon.bearing steel with painted finish No black iron materials will be allowed. Exposed raceways are not permitted unless they are incorporated into the overall sign design and architecturally compatible with building. 17. Underwriter's Laboratory-approved labels shaH be affixed to all electrical fixtures Fabrication and inslallation of eleclricol signs shall comply with UBC. NEC, and locol building and electrical codes. lB. All penetrations into building walls, where required. shall be seoled and waterproofed. Color and finish to match existing wall. 19. Location of all openings for conduit sleeves and support in sign panels and building walls shall be indicated by the sign contractor on drawings submitted to the Owner. Sign contractor shall install same in accordance with the approved drawings. 20. In no case shall any manufacturer's label be visible from the street from normal viewing angles. ~~~ -~-~_.-,,_.._... ..~- -. , fihajtaJt)'ai 7{IIa./le ,Aifn f}A'o;;ram D. SITE SIGNAGE AND BUILDING SIGNAGE DESIGN GUIDELINES (cant.l SIGN TREATMENTS, Signage composed of several different elements and lighting techniques is encouraged. The following treatmenls are considered appropriate, . Internally illuminated channelleners Acrylic face channelleners Through face and halo channelleners Reverse pan channelleners . Logo modules with applied vinyl graphics. '" Push thru letters and "logos in aluminum cabinets ... Dimensional geometric shapes ... Painted metar '" Screens, grids, or mesh . Etched or polished metal . Cut steel or fabricaled steel ... Neon Accents . Dimensionallener forms with seamless edge treatment . Opaque acrylic materials wilh mane finishes . Proj'ecting blade signs -Fla cuI oul graphics LIGHTING, Site Slgnage and Building Tenont Signage should be illuminated using a variety ot lighting techniques. One or more of the following are encouraged, ... Reverse channel neon wifh silhouette illumination . Open channel neon within logo only '" Fiber optics - Exposed neon . Inlernal illumination . Front lighting . Area lighting All front lighting should be baffled and obscured in channels where possible. Where fixlures, shades. or other elements are exposed, they should contribute to the design of the storefront. All exposed neon must be backed wilh opaque coating, unless otherwise approved in writing by the Owner. All housings and posts for exposed neon signs must be painted out to malch the building background immediately behind and adiacenl to the sign. ~ CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT / RlG The following shall be prohibited, . Animated lights ... Exposed conduits and raceways '" Electrifled neon attached to glass tubing surrounds or crossbars . Front lighting fixtures that compete wilh the storefronl design ... Skeleton neon 1YPES1YLES, The use of logos and distinctive typestyles IS encouraged for all signs. Tenants may adapt established typestyles. logos and/or images that are in use on similar buildings operated by Ihem in California, provided that said images are architecturally compatible and approved by the Owner. Type may be arronged in one or fwo lines of copy and may consist of upper and/or lower case leners. MDm~~ ~-----~ <.... - -(jfhaftaJ'ml "fflia:le Jiffn ~0fI1'WJ7t D. SITE SIGNAGE AND BUILDING SIGNAGE DESIGN GUIDELINES leont.! SIGN COLORS: The following guidelines are to be odhered to in selecting colors for site ond tenant signage: I WHlTE#20 I IVORY 11005 IIIIIIIIIII BURGUNOYI/49 IIIIIIIIIII RASPBERRY #133 IIIIIIIIIII CARDINAL RED #53 IIIIIIIIIII RED #33 IIIIIIIIIII ORANGE #44 IIIIIIIIIII KUMQUAT 1174 IIIIIIIIIII GOLD NUGGET #141 IIIIIIIIIII BRONZE #129 . Sign colors should be selected to provide sufficient controst ogoinst building/structure background colors . Colors within each sign should be harmoniously blended . Sign colors should be compatible with building/structure background colors . Signage colors should provide variety and excitement . Color of letter returns should contrast with face colors for good daytirne readability . Neon colars should complement related sign age elements . Color of trim cap retainers must match the color of letter returns and logo returns _ MANGOlf125 1i1ilia""-<::::, I YElLOWIIOl5 IIIIIIIIIII EMERALD GREEN #126 IIIIIIIIIIIAPPlEGREEN#106 IIIIIIIIIII TURQUQISEI/236 ':"'-.'1 EVENING BLUE 1f317 _ DARKBLUE#36 _aLVEI/67 _INTENSEBLUEI/127 _PLUMPURPLEIl128 All sign colors are subject to review and approval by the Owner os pori of the tenant sign submittal. ACCEPTABLE COLORS FOR SIGNAGE SHOWN ABOVE. ANY ONE SIGN MAY USE A MAXIMUM OF FOUR COLORS. OTHER COLORS MAY BE ACCEPlABlE SUBJECT TO THE APPROVAL Of THE LANOLORO ANO THE CITY OF TEMECULA PLANNING OEPT. 3M VINYL COLORS. MATTHEWS PAINT SYSTEM .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RlG ~mgJ _"'.n_._.._.._......"'_...,.. ,,__ @wltaJ'Yal'JfllafJ~ .A'JI'H f?Ar<JIP'{un E. INCIDENTAL BUILDING SIGNAGE WINDOW SIGNS - Signlsl indicating hours of operation, emergency information, accepted credil cards, code requlremenfs, etc. -Maximum sign area = 4 SJ. per tenant -Handpainted, decal or pressure applied lettering SUITE IDENTIFICATION - Signls) Indicating suite address, letter, ete. -4" high, hand painted, decal or pressure applied lettering nF[ IVFRY FNTRANrF I[)FNTIFlrA.T1()~ - Signls) indicating delivery creas, utility rooms, elc. -Maximum sign area = 2 SJ per location TFMPORARY WIN[)OW SIGNS - Signlsl indicating leasing, construction, seasonal, etc. .l3JJ.lI..QJ.NO:AQQRlSS - Sign indicating building address -12" high, individual numerals 2'.0' SUITE ID ~ SUITE A = 2'-0. uutl&'aPlllTlO~ , .U.IIJ111 Ifl...... ",ule.~ 100110' WIICO.,YllI 'IlA'llICUP ~ .J WINDOW SIGNS .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RLG l' 0 II 27338 BUILDING ADDRESS DELIVERY ENTRANCE ID \ \ \ ::i!I!": .A ::i!I!": TENANT () ~"i.rf(~)J!, ~-_. ~altaJ'2<'aI1flIa;;e J:j;J/ flA,01'p'<ln! ~,.""',,' , +-+ ""''"~ '''NO.,nO''''''''ANO ".: ""L1e.." .: NW"'"" W,,,",,,,, seCTIONA ------.---.- SIGN TO 8E UlAf'PROVEDANDOEARULlAOEL LEXAN FACED CHANNEL LmERS PK HOUSINGS "^,CUTOu,,,>JT~' 1T'NOAID<lLA",T~NO N(ON'UBI SECTION 8 ~ON TO 6' ~J( ......OvtO AND el'. Ut IA~[' EXPOSED NEON WITH $INTRA BACKS """LAO""r~,,,.",,,,",",,,o' _..u",""~..<,w., ","""," """,,,,,.,, .'\<0....'<"."'. <ou",,,twIOlO""" .....---t~QsJNmuM"."'N'HllLO, 1'l,^,t'CfW", 010-1$1'1,"1 Tl.~l.fOjMfl DI~O~N!cl".,TCH cONcU,rWf"TO",,'O, ~ <HOU>lNU 'O""""H.>PL",hoONCI<,,'$ r-""TU'"' / ~'''''''G"''''m\ +'\'./ * 'rIi','ti\:i\:::~'':i:~~,'..;'''''''~' '''''"''''''Nlol""",,o'''"''LO' .,"M'fJVMU<'f'" 0'0.","" "^""o."',, "..WAC" SECTIONC SIt:;," 10 n[ III "PP~OVlD AND 8!Ai UllAell LEXAN FACED CHANNEL LrnERS THROUGH FACE AND HALO ILLUMINATION OI5r.~rJN'C1'WH'" ,,,eroo"," ''''CONo,,,t''''"~A'' 1m CHAPARRAL VILLAGE CENTER SIGN CRITERIA ..., I'J:~::'I ~:i'J~ 1.'.l'J~. ~..., LC'J ~ ...... )FcnON A New single faced internally illuminated lexan faced channel letter display. Use standard aluminum construdion with Matthews lor equivalent) semI gloss acrylic polyurethane finish. Faces use translucent lexan with 3/4- bronze trim cap, Illuminate with 30 ma neon. Paint 5* deep returns duronodlc bronze. "C1l0N~ New single faced lIIuminated wall display. Use multi layered flat cut out 112N Slntra graphics with applied neon overlays. Flush mount Sintra to wall. Paint Slntra Matthews (or equivalent) semI gloss acrylic polyurethane. Use neon overlays with PK type housings. SfCTION C New single faced internally iUuminaled lexan faced chonnelletter display with through face and halo illumination. Use standard aluminum construction with Matthews lor .r-""""'\ "" ~ ,-:~~~.,';:';~~':',:;~g,;;I.~\r.',~I,., rl..~r;= ...".."...""........"...." .' . ....."."". . " 'lEr:-:::~:;~:.:.... Cd"""""".' I '.. "".~""""~,,,... "',,,,,,,. I .. W'''''''. \ U" , ,----/---, "'G"""'''.'''~.'' ~'''"''''', / ,-.,.. - '----_:-'" S,OWNO REVERSE PAN CHANNILS THROUGH fAct AND HALO ILLUMINATION REVISED SEPT 06. 2007 AT I RlG equivalent) semi gloss acrylic polyurethane finish, Faces use lexan with 3/4" trim cop. Illuminate with 30 me neon through face and halo Paint returns duronodic bronze. SfCllONO New single faced internally i1!uminafed aluminum faced channel letter display with through face and halo illumination. Use standard aluminum construdion wilh Matthews (or equivalent) semi gloss acrylic polyurethane finish Route out where graphics occur and bock up with Lexan Illuminate with 30 ma neon through face and halo. Point aluminum face and returns. S.~QKllif Same os ~D~ except route out where graphics occur and push through 1I2N clear plex with applied vinyl overlays. Note: All signs may utilize digital viny1 printing on faces of illuminated or non illuminated surfaces. .~'"';'O'"' -4' .......""'"''"..~:!' '::''';;':::.::'" ^_'.~'M"'~\ ",."'''''' ,~., '~,: , ,..."',,M'"'O"'" -; ".',,"N"'''' c. HC 'WNW" ,.." \ ~, N'''"''>> ' " "- "cnONE "oNt"tful.."",,'"."D'''''.'' RtVtRSt PAN CHANNELS THROUGH fAct AND HALO IllUMINATION PUSH THROUGH GRAPHICS ~~~ .............-B ~ .~-........~- &.afaJtjtall{lIa;;e uf'j'Jl f!l!l'o;ram ~ti.Q[l...6. IlIuminated LEXAN FACED CHANNEL display with THROUGH FACE ILLUMINATION. Use standard aluminum construction with Matthews (or equivalent) satin acrylic polyurethane finish. faces use translucent Lexan with trim cap. Illuminate with 30 mOl neon. Paint returns any color. S!'...tirmR Illuminated REVERSE PAN CHANNEL display with HALO ILLUMINATION. Use standard aluminum construction with Matthews (or equivalent) satin acrylic polyurethane finish. Illuminate with 30 ma neon. Palnt faces and returns any color, S~1iPJ1.c. Illuminated LEXAN FACED CHANNEl display with THROUGH FACE AND HALO ILLUMINATION, Use standard aluminum construction with Matthews (or equiv.llent) salin acrylic polyurethane finish. Faces use Lexan with trim cap. Illuminate with 30 ma neon. Paint relurns any color. s.~-,t.i~I1J'] Illuminated ALUMINUM FACED CHANNEL display with THROUGH FACE AND HALO ILLUMINATION. Use litandard aluminum conlilrurtion with M;'llthews (or equivalent) satin acrylic polyurethane finish, Route out aluminum faces wherE: gnphirs uccur and b;'lck up or push through lexan graphirs. Illuminate with 30 mOl neon. Paint face and returns any culnt. S~'-t;im,-E Illuminated OPEN PAN CHANNEL dieplay with EXrOSED NEON ILLUMINATION. Use standard aluminum conlltruction with Matthews (tlr equivalent) satin acrylic polyurethane finish. Illuminate with 30 mOl neon. Paint face and returns any color. III CHAPARRAL VILLAGE CENTER SIGN CRITERIA ..., l'J:~::t :I:{'J~ 1.'.l'J~' III ~'lC"J ~ ~... Section A Spctlnn R Section C Section D Sprtinn F NOTE: All signs may utilize digital vinyl printing on faces of illuminated or non illuminated surfaces. REVISED SEPT. 06, 2007 AT I RLG ~~mgn~ IF"""" 61lajia}'}t{{j "'!{(lafj€ Ji,'{PI gj)jt{)1!Jeant EXAMPLES OF SIGN TYPES .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RlG _ EXPOSED NEON INSIDE Of ALUMINUM oml GHANr~EL VINYL DIGITAl-PRINT FLAT CUTOUT 1!2" DEEPSINTRAGRAPHICS SKELETON NEON ACCENT I .. t-C-J' ' ., ,! :'1 ,~ I:' :1 f; ~ ....,- Jt:_: ('I'! . I I ~- - "-!.'J' _ Ell . ~~7l]-~~ ~... : li'I:-" == --'1'11'- 'il'~ -~ , !i~ ::> Ii:! -- -".. '! I ( . ;~". ,I.: 1-- f __ !L.+,- " ....,.....-;_~_:;'__-_-J.. &ajutJ'i'al/4'llafle ~n '!fll'ofr-am IInI --.tlMr;;~~~=~i1~ITiT,'(bcr~CC;1~f;, ~m\1\1:[ji"J'~,:,: "",.... I P "'-r' '''"~, '_'_' I ",.." I 1:.:.:). ~.", ,~ -.::;-,;tl",,' ,,' " ~ "0 ,.,," < ..,'~ J~' .,,, ~. ~~:,., ' -'~~',' r... I " l ~t:"'~ . > "'~I~"!:::~:"" "N.' It-' (~:~ ~rt, 'i'. ~~.I,US~,.- 4,169SF -~~;:t.C~" ",'~..~' S,105SI' "" t-' ~t E;_ ,~u'I'."~ , - <j'"'' , ! "" I I ,,/ ...~ . i : - "- - -~' . - I ~ - """ ~ ~ - - ..... .1 I.. ..,.,'"", :>1- '~"..'" "",'_'. 1 ,_ _ ! _.. 0 'c' ~ ,u}. -.:..;4/tt I' '---L-' I - 1~~~~~1 ~ I) I ~. ~=-.-J.J""'- -'. J -- i ", ,....<Y-..~ I -.- 'I\r~ I Ii ""'7<I~-_ :, ::,,'1. ~ li/'\:~:,~': ~.... ='1 ~- .cr,; ~~,~~,~ - r l-- ...~..;L ~~ I~I - .... Ir~' .~:~~?"s:l.:r.i-:--:'~: I~ :~.- rV I' ,,;-- ~~ -.... t"l "",."." -'..' -., __J I' ~-- -"-~-- ~ i}- ~ ->~ ',' ,".::-,,,,,, ~ ..:"".-I~ I: ~ i: _ I 1 "". ~"..~.~ 1-IVi-' .''1 '; ;"" ,.., .1", ~":.. hI. ,fL ----,rrr----.J1L'~;' ":." <..' ... f "';'+~'J~+.<1.; fi..., , :';:':';"i:;...',1 ":"~. ...~\. ~A:r~!'_~~.r",<"l., ... ir{t.f."":""7", '7:"'1)," ':3L::' ~I\.': ""~'I :f[ ..-i'_._ -.~>",...,_._,,'_. "..,.f . '-.,.........."'.. '-'II:Ll " ' ). ,...." '''- ""'''''<'''~'O." . ."U,,, , "fI\O<O'. '.... ' i lif _.~ -:::;::,- 4.'.'='"~ - '''; f:: - ....!!.~ ~ ;.,~ -~ ~ ~.1:i.,';~'~ ,,-.....--.J ,..." . F '..... -- -- - ~/ ~...___'_.,. u_..,~_.-:-:'n' 10: .n~"'!ibl ..,- I' ',,".:=- . ,.' .. I -~~. ~n~ (' ;;-.". -- ;:::: - ",' ''^'~.,..... r '"~--<-~.- ~!n~C>J1 -~---~' \" I :: .,- _.~ ' SLOG 0 I . , r~ t,6!2' SF :11 :'^r' 'I \ 'iJ LI.--- -~- 12,311iF ! J~\ r,"_~ II i I.. ,11- - --- ---- I ";J \ ,tI~" ,,~, JJl '\ -----,- 10: -1 .I'r'~'~i:, '_,_"! ___.:.-, ~'" ~ . ,;.-... b~ rT" , l" , "..I"'" -~ , 10: J l" :"1' ,.... 1:-"' " " II' "') Ii :;:';.," .. ",...." I o. I -> 1J _ /~.)I ,;':" ""'" I --=- I:i~,'" -i -< It , -~,;:. // . -- ...h ,.,4..-: '1-"''''-'''' , 7.1' "" J j I I I - - .,,'.. - - "!>.t .! I I' -I' ~::~::', '-'- ?;. -f"f{8;':;r :::1.., " ,-... .... -, '[ '" _ 1, ..... I ,I ~ _ - 'I.., - i"~ .,~ ~ ,~~I _ .:~ =1 I I: --- "H ::o,'i ~ .,~, )1; , , . ...,,, c: rmi./ !'I il,!~ ~ "+[74: J-'I' ",- :, :' ')/if' . I ~'.'"'' - .l' ll---=~~!/l , . '/ , "1>'i~~:::' ./ IIliII IIliII IIliII IIliII .- .- 10: iii CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RlG ----1 [} ,", " ,.: , I U' 11m MAJOR TENANT _ SHOP TENANT . . ~~m~ ~._-_..~ -fbItajtaJ'J'a( 'Yd~-e .A;9-n f?l!royJ'a'm - ~.' ~~tlCl,;~~,~ .. ", , I ' '.: . ~,' r ,~,. .. '" 10'-0' ~ i l'E1eWieal-,. .........:! NOTE: REGIS'TRATlON MARK - FlAT IllUM DISK DECORATED WI VINYl. GRAPHICS 1m CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT 06, 2007 AT I RlG l~~ 4" S. 2' . ,.. I I A !;o rn IlItemallv illuminated Channelleners on Halo lit french Diamond Cabinet SPECIFICATIONS FAIlRlCATfDALUMINUM .0<0 RETURNS AND 05'jAJ.UMINu~ !lACKS -ACRYUC POLYURETHANE FINISrl 10 MATe'r 'MS m ORANG!;. 2793 RED Pl.EX FACUi16' l' GOLD TRIM CAP I'iTERNALlY IllUMINATED Wi 2 STROKES OF 15MM ClEAR ,ED NEON. LETTERS MOlIN1ED FLUSH TO A 50' ~ 1(' lNTERIOR HALO UT FRENCH D~OND CABINET MOUNTED TO BUILDING ON T STANo.OFFS, 30 MA TRANSFORMERS, U,L APPROVED French diamond cabinet is 6" thick, with no back. Face of cabinet painted to match PMS 116. Relurns of cabinet painted to match PMS 138, Halo lit with white neon tubes, SIMULATED NIGHT VIEW ~!IDm~ ~ ._.~ {bltaltctl'ml Ydlalle 19-)1 ;?l!FOfp".am I 60% OF ADJACENT SURFACE HEIGHT OR 5'.ow MAX (WI1ICHEVER IS lESS) 60% OF ADJACENT SURFACE HEIGHT OR 2'.O'MAX flA/HlCHMRIS LESSI 60% OF ADJACENT 5URFACE HEIGHT OR 6 '-0' MAX lW~ICHEVER IS LESSl EAST ELEVATION BUILDING .C' .'H~'l'l~.1 =- ~ P!.' ~ I.'J.IJ~ ~ II"" lC'J ~ ...... MAXIMUM 7('10/. OF ADjACENT SURFACE LENGTH r--\IIAJ_O_-R~--~T_E_NAN~T_-: S.!.q~_A.~(A}~~~l~.!i:.L~: ONE SQUARE FEET OF SIGN AREA PER LINEAL FOOT OF LEASED FRONTAGE UPON WHICH SIGN IS LOCATED ANY SIGN PLACED ON A SECOND ELEVATION TO BE CALCULATED Al8 SQUARE FEET OF SIGN AREA PER LINEAL FOOT OF LEASED FRONTAGE UPON WHICH SIGN IS LOCATED THIRD ELEVATION TO BE CALCULATED AT 7 SO FT FOURTH ElEVATION TO BE CALCULATED AT 6 SO FT MAXIMUM 70% OF ADJACENT SURFACE LENGTH [SECONDARY MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA, SINGLE TYPE OF CONSTRUCTION ALLOWED ILLUMINATION~ YES COPY. TENANT NAME AND / OR LOGO IiEIj3~l; S'XlY PERCENT OF ADJACENT SURFACE HEIGHT LENGTH~ SEVENTY PERCENT OF ADJACENT SURFACE LENGTH 1YPEFACE~ CUSTOM LOGO AND TYPE OK COLORS> CUSTOM COlORS OK ,5ECONDARV SIGNS~ ONE SIGN MAXIMUM ALLOWED TO DISPLAY SERVICES AND/OR SUB LEASES LOGOS: MAY BE UP TO 5'.0. IN HEIGHT I I i-STACKEDi :__ ._IENANT__COPY___ _: MAXIMUM 70% OF ADJACENT SURFACE LENGTH SOFSFS FXAMPLFOF STAr:Kl'n COP): . 1lN......... -- -1 -. NOTE: .MAJOR" TENANT SlGNAGE IS ONLY APPLICABLE IF BUILDING "A" OR BUilDING NO" ARE OCCUPIED BY A SINGLE TENANT. IF MORE THAN ONE TENANT OCCUPIES EITHER BUILDING. rr WILL FALL UNDER THE "SHOP" TENANT SECTION OF THIS CRITERIA LOCATED ON PAGE 17 - " SCALE 3/32'=1' III CHAPARRAL VillAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RlG ~'1SM _""_~_._.._.._......""...".. "c_ @taj1w<nrl1{fla;;e Jij'Ji qi)J'()fJ1'am. ~ -- "'... .. , [ :0; . .. Jt.., SOUTH ELEVATION BUILDING .C' SCALE 3/32"""1' ~..". ',' .' ':'''~" -\.. . ..1', ~ _~L..._ ";-:"._ ffl"~~"'~' .""'O'~"'._~' ._...,.,~.' '"'~~'.,. ......... ,_. '~'l'~ .. WEST ELEVATION BUilDING "C" SCALE 3/32"=1' ;'.!.II..::j~II.!.I~..=-.:lI'!lIlIh po; 1m CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT / RlG w__""'-:-' _.---.... " ;.~ -'- "''''-. - ,. --~._~ \~i rJORTH ElEVATION BUilDING .C. SCALE 3/32"=1' ~ ..- - ,J, ~ ; ~~m_ -01tujtUJ&J'ul "j{llu/fe ~.n f!J>J'oIP'um MAXIMUM 70% OF ADJACENT SURFACE LENGTH 60% OF ADJACENT SURFACE HEIGHT OR 2'-0. MAX fW~ICHEVER IS tESSi (LOGe>':) :S-H-OP---TE-----------------------~ ~_/ _____________B_ __ NAN_T MAXIMUM 70% OF AD.JAC~NT SURFACE LENGTH 60% OF ADJACENT SURFACE HEIGHT OR 2',6" MAX ~ICHMR IS LESS) ,~ ~ i-STACKED: :SKOP_ TENANT _ COPY: ~XAMPlf nF ~TA!:;KEIl r.opy ..., :'leJ ~ I ~ ~ r,t., ~ I.I..'/~'........., l C"J ~ jI.... s..IGN_AltEA AVAILABLE: ONE SQUARE FEET OF SIGN AREA PER LINEAL FOOT OF LEASED FRONTAGE UPON WHICH SIGN IS lOCATED ANY SIGN PLACED ON A SECOND ELEVATION TO BE CALCULATED AT .8 SQUARE FEET OF SIGN AREA PER LINEAL FOOT OF LEASED FRONTAGE UPON WHICH SIGN IS LOCATED. THIRD ELEVATION TO BE CALCULATED AT .7 sa FT MAnR.t~!,,$! VARIETY OF TYPES PER SIGN CRITERIA, SINGLE TYPE OF CONSTRUCTION ALLOWED !L1UMINATION: YES COPY: TENANT NAME AND I OR LOGO l::t~lGtII: SIXTY PERCENT OF ADJACENT SURFACE HEIGHT ~ SEVENTY PERCENT OF ADJACENT SURFACE LENGTH 1YP~~ACI;~ CUSTOM LOGO AND TYPE OK <;9~LPRS, CUSTOM COlORS OK SE:CONDARY SIGNS: NO ~MAYBE UP TO 3'-O~IN HEIGHT _.~ ,< ~..,. a -.----~.---- ~~.!'~~Km-l . I.1CIliII:U\U. --........<=.. \\'~ _ii . NORTH ELEVATION BUilDING "0" SCALE: 1/16" = 1'.0" .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT / RLG :-1';.N}..IJ.f~ - ! ;,';_4',', .r '," Ill,. fl N 7j'---;~T ::-\- r,'::i!~:' f ' :.:(:, ~'1 ~ .].:_ ~m~~ ~-- -.........- C =1!~iiT__1 -r '-'f,:jL~ .A': n ;!flFo:J1<a'IJt -(fj'/u:zfiaJ'J'al f/{,uvuy,e '1f ~"----- "'", c :Tl~'l':':'1 t I"~(~" j' . <t'-~ . ....~.., , . .... NORTH ELEVATION BUILDING ''A" SCALE1!16":::1 4 - '0", ~P<"'._ " . --""' ... SOUTH ELEVATION BUILDING "A" . -:f"r - -. ! ~-~-- , . 'j .. ~;'* "'..tl" -------r-- -- """"to .-' ~_-_~J,jAlr_-_I ..... ;-"_-_-!Eji$B!"_-_I - . ~'1.ul:.l:lm'I\I.:I.~m'llIh'h... .~ ~:C;;';;'."_.u...__ .." 1m WEST ELEVATION BUILDING "A" CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT, 06. 2007 AT I RLG -filza/tam{a.l 'f{/(a,<f'e Jif,iI qAlf().fP'a?J1 . =.-:r- .. ~ .,. ~ r .". -.--A.';":'~-J : .;:::.~ ~ t:....... n'''.,1 :;;~b;iiLha~" ...... !:'~ .- .~-~. ,'__~mIII"'___ , , l....-.~..........l !lEISJAN."[, '1 ; .. '~i;~...,..._:.:... ~;~ i' . i!EfWlJ; ~ I' . .~ ~.u NORTH ELEVATION BUILDING '8' SCALE 1:'16"",1' _. -tl - ~ ...~..,. . . ~ ~ 4.. ".~ --~'- -, "':..~ [) SOUTH ELEVATION BUilDING "8" SCALE 1/16"= l' I i II "'" .. ~'--'- -.'" , 61 "-'-") I ~ [] (] I ~L . EAST ELEVATION BUILDING '8" SCALE 1/16''''1' WEST ELEvATION BUilDING "8" SCALE 1/16"",,' --..., .all:.lll :hl'~HII.:::iI1 all!' IlIh1h-.- .I:fJI CHAPARRAL VilLAGE CENTER SIGN CRITERIA REVISED SEPT 06, 2007 AT I RlG ~~- ~_ 0._.........- ~~a~~/7~~e~n~~~1~m --...... . '", J" I IIII i ~I 11."111 ".,..~. V"." CrEI!IAI!I:r:' WEST ELEVATION BUILDING "0" SCALE 1/18"==1' J_ I l.R" (~l _fiU'- ~~ --.,. SOUTH ElEVATION BUILDING "0' SCALE 1/16"=1' -----.. - ..... "." I ''''IIIII''III....lI.,.III...."J~ :=l :.,-'" . - , -- lO::i_~;;;;;;;;...,. '. ~ mJ~fl1n;!t. . ~-. " ~ .,.,..,. -..... 0, tAST ELEVATION BUILDING '0" SCALE 1/16"= l' ~.,~UJ:..I::imhll.:a.::lI':lIlIhII.~... .. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT 06, 2007 AT I RlG ~ _~~~_~,.._.._:r.DJ~ {8hafta}CJ(al ''KI1a:fe Jiffn (!I!j(o;}r<lm .~--:#,. ........... '., ~~~., " L ...... . ., ; ~. .,; ~ -.,:..-....... ,. NORTH ELEVATION BUilDING 'E" SCALE 1/16"==1' SOUTH ELEVATION BUilDING "E" SCALE 1116""'1 EAST ELEVATION BUILDING "E' SCALE 1/16"-1' ~It' ~~H;:tlH~~ r,:". l" . -, WEST ELEVATION BUILDING "E" SCALE 1/16"=1' ~"1.lIJ:aI:ili~lmlll.:iIi.:t.I'!'llIm'~~ HI CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RLG ~mIID_ -"....-.-... :"l!) / . I ~ ~ I - 'Yif11 .'t":.""-"'- ~-"'-lr"'1~~ "~'Ir, ~ - .:, I . '-'1 '.-'''' ., . . J, j "'.. ' ~~l'!!i~-':' " ' I , .., " ,-~ 'I. ,,~ 'I I I , ~~. ]" "'.:', i _Jil'.' ,~. " ';f'~,' --.'. 'I ,. . ~IU~F I ... ~ ,~ SIOS1iF su '- (::l ~;illl l .1 """,~.: [", ~ ---~,", ' l ~ il ", ,.. '[ .", "'. ,.~"'.:~~~ :'''' .' -,~ "-."~ ,i', ~""~, J " Ie, : I . d~'~.( "~ I' ll~~ I, t..~ aIO(;~ "I "I c::;;:::> '~::"""Jm ,. ~" '1. ,,,,,, ];1 I I ,- ~J ~ I::" '-"~m '1 I: lL:l :1: I: _ -, I ~ 'W:' ,\ r ~l 1'1 'I. '. .!, l. . '\". n .," 'I ).11'1 ~' . -:-~.l ~ 7-...t:i-~"-;i~~L~'lcf~r ct+,., "'ft~~~ ':;-"~1" ':~:~~~r~:~~:u'~.~"(tE'-c~:"~t,,';~~~~14if~tT-"""" !J '~Il' I r ~~ I - --: ~ I..... "LD~" 1 ~,,," I J I' " ~ , I' . 'II I aUI.. 0 !t ::IJ,~"'ii 9..0 H ..." " III' I'-~ll: " '! I S' I ill ". j~i '" Ii.' :: ~ .d~ ~f?: 11 ~nro~,,...n,,,,=,-J or..j ~r, ,. -.j' I _ ~l,~ ~~ ,: - '1 "~,.. . _____:;.-"-_=___~.....--.;..J. I,. r!""c-',' 1r fjf ;:t-,- " ". '" I '~-="'["""'.];. ',,\T ::"-'-""";""""""0 .... ~ m l'~ .. '.' tJ!.."....,,~'-.. '7 .." - : i'i~#;~~fl0V". ;"1 c'q,:,,,,[!!!f;l..,, 'F.&" : ('I)'" l}l Ei" ,.~ -"'"J-" ""-4 REVISED SEPT 06. 2007 AT I RLG @tajtaJ'J'd ''/{Ilafl.e AjUl r!J!J'OfIJlaWl SIGfle 'ONO REQUIRED SETBACKS (5 FEET FROM THE RIGHT. OF-WAY OR PROPERTY LINE OR SEVENTEEN FEET FROM THE FACE OF CURB, WHICHEVER IS lESS) FOR ALL GROUNO MONUMENT SIGNS. THE MINIMUM DISTANCE BETWEEN FREESTANDING SIGNS ON THE SAME SlOE OF THE STREET AND OVER 6 FEET TALL SHALL BE NO LESS THAN 25Q FEET. EXCEPT FOR THE CENTER IDENTIFICATION SIGN SITE PLAN IlII CHAPARRAL VILLAGE CENTER SIGN CRITERIA MINIMUM 250 H RnWFFN !i:IGNt "ICO~~~ ~o~o ~ro: ~ NORTH TRUE NORTH ;.~~\:; " ~~ _~_~_._.._.. ...J @wftapl'al /'/{lla:;e ~.Jt ~olram 13'.'" 12'-0" I 9'.3" ~ 4'.61/2"~~ 4'-51/2" f.-2'.O'~ 1'-9" I 1,-J'/2' 12..o..1 f f ~ s"'(iDe NEW DOUBLE fACED MAJOR TENANT GROUND DISPLAYS IMAKE lWOI SCALE 3/8"=,..0. TENANT BACKGROUNDS TO BE OPAQUE. ONLY LEmRS AND LOGOS WILL BE !LLUMINATED ALL COLORS. MATERIALS AND STONE TO MATCH CENTER CONSTRUCTION SETBACK REQUIREMENTS, FlVEISI fEET fROM THE RIGHT Of WAY OR PROPERTY UNE OR SEVENTEEN 1171 FEET fROM THE fACE Of CURB. WHICHEVER IS LESS 200 SQUARE fEET Of DECORATIVE LANDSCAPING IS REQUIRED AT THE BASE OF ALL fREESTANDING SIGNS. WHICH EXTENDS ON ALL fOUR SIDES Of THE SIGN AND INCLUDES flOWERING PERENNIALS. ANNUAL PLANTS OR OTHER PLANTS TO MAINTA!N YEAR AROUND COLOR. III CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT 06, 2007 AT I RlG I Ff\IIlH""235W -CYPRESS fIlAlEE.t'26;lU "6U5H WAC~,ING IfRAlEEiI't2230 'CYPRESS' ._FRAZEE.<"215A "IlEPLAtHEO 'I_FfVlZEE,lI12Wl "flJ\5HPO"lT" _FFlAlEE#J16TN -CRQWSHEAD" _CORONAOOSTONE,HONEYLEOGE .CARMELMOUNTAIN -..-. I DE#S~83GSWISSCOFFEE COLOR WOlf ~~ ~.._.._......- -.- - 0'1tajl<M'J'{l17flla/;e .JtffJt ~o;!ram 15'.93/4" I ] FRAtEE#'235W "CWflESS ,-" . '" ,,,,,E"1O" ,11I11 I III 'BU~HWACKING- I -I '.~,",ttE:"'1nm CYf'RESS' ._fRAlH""21SA "REPLAr,!!'O" ;_FFWEE#1285~ I "flA$HPDIIH 1._fRAlEE#3167N .CR[)WSrtEAO' _COROI~ADOSTlmEHONEYLEDGE .CARMElMCtUNIAIN COLOR PAl[]][ T 4'.6.~ CORNERSTONE OETAILCOWR AND TYPE TO BE DETERMINED (-to mCl+c. h bv<\\dinq?J SIGNa NEW SINGLE FACED CENTER IDENTIFICATION GROUND DISPlAYS IMAKF ONFI CENTER 1.0. BACKGROUNDS TO BE OPAQUE, ONLY lETTERS Will BE ILLUMINATED ALL COLORS. MATERIALS AND STONE TO MATCH CENTER CONSTRUCTION. SETBACK REQUIREMENTS flVEISI fEET fROM THE RIGHT Of WAY OR PROPERTY LINE OR SEVENTEEN 1171 fEET fROM THf fACE Of CURB. WHICHEVER IS lESS SCALE 3/8"=1'.0" 200 SQUARE fEET Of DECORATIVE LANDSCAPING IS REQUIRED AT THE BASE Of All fREESTANDING SIGNS WHICH EXTENDS ON All fOUR SIDES Of THE SIGN AND INClUDES flOWERING PERENNIALS. ANNUAL PLANTS OR OTHER PLANTS TO MA!NTAIN YEAR AROUND COlOR. BI. CHAPARRAL VILLAGE CENTER SIGN CRITERIA REVISED SEPT. 06, 2007 AT I RlG ~n~~i.~J L..~_~_.- _. ~ J ATTACHMENT NO.3 PC RESOLUTION 07-_ G:\Planning\2006\PA06-0346 Chaparral Village\Planning\PC STAFF REPORT. doc 11 PC RESOLUTION NO. 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA06-0346, A DEVELOPMENT PLAN FOR A PROPOSED NEIGHBORHOOD COMMERCIAL SHOPPING CENTER (CHAPARRAL VILLAGE) CONSISTING OF FIVE SINGLE-STORY BUILDINGS TOTALING 40,400 SQUARE FEET ON A 4.3 ACRE LOT; PLANNING APPLICATION PA07-0231, A MINOR EXCEPTION APPLICATION TO REDUCE THE REAR YARD SETBACK OF 15 FEET BY 15% WITHIN THE CHAPARRAL VILLAGE SHOPPING CENTER; PA07- 0194, A COMPREHENSIVE SIGN PROGRAM FOR THE CENTER, LOCATED AT THE CORNER OF NICOLAS ROAD AND WINCHESTER ROAD (APNS 920-100-025, 026, 030 AND 032) Section 1. Procedural Findinas. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 16, 2006, Sjirk Zijlstra representing Zijlstra Architects filed Planning Application Nos. PA06-0346 (Development Plan), PA07-0194 (Sign Program) on June 29, 2007, and PA07-0231 (Minor Exception) on August 13, 2007 in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the tirne and manner prescribed by State and local law. C. The Planning Commjssion, at a regular meeting, considered the Application and environmental review on October 3, 2007, at a duly naticed 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. D. At the canclusion of the Cammission hearing and after due consideration of the testirnany, the Commission approved Planning Application No. PA06-0346, PA07-0231, and PA07-0194 subject to and based upon the findings set forth hereunder. E. All legal preconditians to the adoption of this Resolution have occurred. Section 2. Further Findinas. The Planning COrnmission, in approving the Appljcation hereby finds, determines and declares that: Develooment Plan (Code Section 17.05.010F~ A. The proposed use is in conformance with the General Plan for Ternecula and with all applicable requirements of State law and other ordinances of the City; G:\Planning\2006\PA06-0346 Chaparral Village\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc The proposal is consistent with the land use designation and policies reflected for Neighborhood Commercial (NC) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including retail and restaurants as typical uses in the Neighborhood Commercial designation. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial buildings have been designed to be compatible with the surrounding buildings currently located adjacent to the subject site. In addition, the project has also been sensitive to the residential uses to the west, and has designed the project accordingly. B. The overall development of the land is designed for the protectian of the public health, safety, and general welfare; The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Commercial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Minor Exception (Code Section 17.03.060~ A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characterjstics of the property; The site is constrained by a vehicular access easement running through the entire site. The proposed shopping center is designed around this easement in addition to other access restrictions the private business association, which the property is a part of, has imposed on the property. In order for the shopping center to meet this access constraint, the rear setbacks to Building B was reduced by 15% to 13 feet. Only some portions of the building do not meet the setback requirement due to the varying building footprint design, however the building has an average setback of 15 feet. In addition, there is a large landscaped slope located behind the development; therefore no surrounding neighbors will be adversely affected by the setback reduction. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; G:\Planning\2006\PA06-0346 Chaparral Village\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc The property in question in constrained by access restrictions and an easement. A reduction by 15% to the rear yard setback for one building will not be detrimental to the public welfare or to property or persons in the vicinity. The rear property line backs up to a large slope which is used as open space between the commercial use and residential use above. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone; The Minor Exception is in conjunction with the approval of the Development Plan for the proposed shopping center. The Development Plan will include appropriate Conditions of Approval and will only allow uses that are allowed within the Neighborhood Commercial Zone. Sian ProOrarn (Code Section 17.28.080) A. The proposed sign enhance the development, and are in harmony with, and visually related to: 1. All of the signs shall be included in the Sign Program. This shall be accompljshed by incorporating several comrnon design elernents such as materials, letter style, colors, illumination, sign type, or sign shape; All signage proposed in the shopping center is included in the Sign Program. The Sign Program incorporates a center identification sign, multi-tenant monument signs, and wall signage. Wall signage within the program allows for varying styles, lighting techniques, and colors. 2. The buildings andlor the developments they identify by utilizing materials, color, or design motifs jncluded in the building being identified; The proposed monument signage (center identification and multi-tenant) include architectural elements consistent with the building architecture such as rafter tails, stone veneer base, wrap around stone siding, decorative cornices, and medallions. The wall signage is carefully placed to promote the business while maintaining the building's architectural style. 3. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs; The surrounding development will not be adversely affected by the proposed signage. All monument signage will meet height, spacing, and setback requirements per the Development Code. Wall signage is consistent with existing wall signage in surrounding centers. No wall signage is proposed on the rears of the building, to protect the residential development from illuminated signage. G:\Planning\2006\PA06-0346 Chaparral Village\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc B. The Sign'Program accornmodates future revisions which rnay be required due to changes in building tenants; The Development Code allows revisions to Sign Programs either by completing a Minor or Major Modification application to the original Sign Program. New signage or a change in signage will be permitted administratively by the Planning and Building Departments. C. The proposed program satisfies the intent of the sign criteria in the Development Code, except that flexibility is allowed with regards to sign area, number, location, and height; The proposed Sign Program is consistent with the sign standards listed in the Development Code while satisfying the applicant's request in sign variation in sizes, colors, and styles. Section 3. Environrnental Findinas. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan, Minor Exception, and Sign Program application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Sectian 15332, Class 32, In-fill Development projects); 1. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations; The proposed shopping center with associated Minor Exception for setback reduction and Sign Program is consistent with the City's General Plan and zoning regulations of Neighborhood Commercial. No Conditional Use Permit, General Plan Amendment, or Zoning Amendment is required for the proposed project. 2. The proposed developrnent occurs within City limits on a project site of no rnore than five acres substantially surrounded by urban uses; The proposed project is located within City limits and is 4.37 acres in size. The site is surrounded by existing commercial and residential uses. 3. The project site has na value as habitat for endangered, rare, or threatened species; . The current site contains no sensitive habitat for endangered, rare, or threatened species. The site has been extremely distributed by vehicles traveling through the site to get to existing commercial sites adjacent to the project site. G:\Planning\2006\PA06-0346 Chaparral Village\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; The proposed shopping center is consistent with the Neighborhood Commercial General Plan and Zoning plan for the City of Temecula. Impacts potentially caused by the project have been reviewed in the City General Plan update and EIR; therefore the project would not result in a significant impact relating to traffic, noise, air quality, or water quality. 5. The site can be adequately served by all requires utilities and public services; This project is an in-fill project, located adjacent to existing commercial uses. The project site will be adequately served by all utilities and public service agencies. Section 4. Conditions-,- The Planning Commission of the City of Temecula approves Planning Application Nos. PA06-0346 (Development Plan), PA07-0231 (Minor Exception), and PA07-0194 (Sign Program) subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2006\PA06~0346 Chaparral ViIlage\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of October 2007. Dennis Chiniaeff, 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. 07- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of October 2007, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2006\PA06-0346 Chaparral Village\Planning\PC RESOLUTION EXEMPT FROM CEQAdoc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 1 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA06-0346 Development Plan; PA07-0231 Minor Exception; PA07-0194 Sign Program Project Description: A Development Plan for a proposed neighborhood commercial shopping center consisting of five single- story buildings totaling 40,400 square feet on a 4.3 acre lot, a Minor Exception application to reduce the rear yard setback of 15 feet by 15% within the Chaparral Village Shopping Center, and a comprehensive Sign Program for the Chaparral Village Shopping Center, located at the corner of Nicolas Road and Winchester Road Assessor's Parcel No. 920-100-025,026,030, and 032 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Approval Date: October 3, 2007 Expiration Date: October 3, 2009 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 Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 2 GENERAL REQUIREMENTS G:IPlanning\2006\PA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 3 Planning Department 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof. advisory agency. appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. 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. 6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 7. A separate building permit shall be required for all signage. 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. 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 Color Main building colors Frazee Cypress 1223D Frazee Bush Wacking 1263D Frazee hard Wired 1235W Frazee Replanted 1215A Frazee Flashpoint 1258N (tower color) Frazee Crows Head 3167N Building accent colors G:IPlanningI2006\PA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 4 Roof Dark green fabric awnings Redlyellow striped fabric awnings (Denny's building) Spanish "s" tile in Gladding Mc Bean custom blend Smooth 20/30 stucco with float finish Awnings Stucco 10. 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. 11. 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. 12. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 13. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. Public Works Department 14. A Grading Permit for either rough andlor 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. 15. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 16. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 17. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design ofthe project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. G:IPlanning\20061PA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 5 18. 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 19. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 20. 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. 21. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 22. Obtain all building plans and permit approvals prior to the commencement of any construction work. 23. Show all building setbacks. 24. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1 , 1998). 25. Provide disabled access from the public way to the main entrance of the building. 26. Provide van accessible parking located as close as possible to the main entry. 27. Show path of accessibility from parking to furthest point of improvement. 28. Provide a house electric meter to provide for the operation of irrigation, fire alarm systems and exterior lighting at each building. Fire Prevention Bureau 29. 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. 30. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure for 4 hour duration. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A). G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 6 31. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). 32. 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). Community Services Department 33. Any damage caused to the existing Class II bike lanes on Nicolas Road shall be repaired or replaced to the satisfaction of the Director of Public Works. 34. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 35. 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. 36. The Applicant shall comply with the Public Art Ordinance. 37. All parkways, landscaping, entry median, fencing and on site lighting shall be maintained by the property owner or maintenance association. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 7 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 8 Planning Department 38. 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. 39. 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, subject to review and approval by the Director of Planning. 40. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." Public Works Department 41. 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. 42. 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. 43. 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. 44. 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 liquefaction. 45. 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 G:IPlanningI2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 2.doc 9 - 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 irnprovements, shall be provided by the Developer. 46. 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. 47. 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 Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 48. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 49. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 50. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 51. 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. 52. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 53. 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. Fire Prevention Bureau 54. 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). G:IPlanningI2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 10 55. Prior to building construction, all locations where structures are to be built shall have approved Fire Department vehicle access roads. Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2). 56. 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). 57. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent (CFC 902.2.2.6 Ord. 99-14). 58. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC 902.2.2.4). 59. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1). G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 2.doc 11 - PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanning\2006\PA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 12 Planning Department 60. 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. 61. All downspouts shall be internalized. 62. 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 Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. A note on the plans stating that "Two landscape inspections are required: one inspection is required for irrigation lines and a separate inspection is required for final planting inspection." d. A note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." e. One copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. A landscape rnaintenance 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. 63. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 13 64. Building construction plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape to match the style of the building subject to the approval of the Planning Director. 65. Building plans shall indicate that all roof hatches shall be painted "International Orange." 66. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard nine-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 67. Improvement plans andlor precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. All street and driveway centerline intersections shall be at 90 degrees. d. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 68. 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 Nicolas Road (Arterial Highway Standards -110' R/W) to include sidewalk, drainage facilities, utilities (including but not limited to water and sewer), raised landscaped median. 69. The Developer shall construct the following publiC improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalk and drive approaches b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of proposed utility distribution lines 70. 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. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 14 71. 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. 72. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the T emecula Municipal Code and all Resolutions implementing Chapter 15.06. 73. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building and Safety Department 74. Obtain street addressing for all proposed building prior to submittal for plan review. Site plan to indicate all suite numbering in direct correlation with addressing and proposed buildings. 75. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 76. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 77. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 78. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention Bureau 79. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. 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. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). 80. 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). 81. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2 doc 15 82. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. There shall be a dedicated circuit from the main house panel strictly for fire alarm. Community Services Department 83. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 16 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanningI2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 0107 _2.doc 17 Planning Department 84. 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. 85. 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. 86. 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. 87. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 88. 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. 89. 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. 90. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 91. 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:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 18 92. 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 93. All public improvements, including traffic signals, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 94. 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 Bureau 95. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3). 96. 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 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). 97. Based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system (CFC Article 10, CBC Chapter 9). 98. Based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install a 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). 99. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the fire riser sprinkler room (CFC 902.4). 100. 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). 101. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 102. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact Fire Prevention for approval. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 19 103. If there are changes to underlying maps, then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compafible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 104. 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). G:IPlanning12006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 20 OUTSIDE AGENCIES G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 21 105 The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated January 9, 2007, a copy of which is attached. 106. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 4, 2006, a copy of which is attached. G:IPlanning\2006IPA06-0346 Chaparral VillagelPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 22 ~ 0 COut'lTY OF RIVERSIDE. HEAL1l! SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH ~.._._. ~ ._.. ""_................_ ..... .... ...,....,,"'.., ......~,..'"."... ...."..," ""'.._"""......."..".'~..'"..., ..."..", "".~ .,,,,,..~.,. ..~""Ol January 9, 2007 City of Temecula Planning Department P.O. Box 9033 Temecula,CJ\ 92589-9033 J\ttention: Dale West RE: Development Plan No. PJ\06-346 (Revised Conditions) ". Dear Mr. West: Department of Environmental Health has reviewed the development plan for a proposed neighborhood commercial shopping center consisting of four single-story buildings totaling 41,000 square feet on a 4.3 acre lot loeated at the comer of Nicolas Road and Winchester Road. Water and sewer services should be available. 1. PRIOR TO TIlE ISSUi\NCE OF BUILDING PERMITS TIlE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water district. b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fIxture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specifIc reference, contact Food Facility Plan Examiners at (951) 461.0284. rl';relY) _ ~tt~SingEHS (951) 955-8980 NOTE: AJJ.y current additional requirements not covered. can be applicable at time of Building Plan review for final I:.........:..-_t of Environmental Health clearance. Local Enforcement Agency. PO Box 1280, RiversIde, CA 9LS02-1280 . (909) 955-8982 . FAX (909) 781 9653 . 4080 Lemon Street 9th Floor, Riverside, CA 92501 Land tlse and Water Engineering' PO. Box 1206, RiversIde. CA 92502-IL06 . (909) 955-8930 . FAX (909) 955-8903 . 4080 lemon Street 2nd FlooL Riverside, CA 92501 @ Bancho Water Board ()fDirt!Ct"r~ Ben R. Drake Pn>.sidcnt Stephen J. Corona Sf. Vie'" Presid~nt Ralph H. Daily Usa D. Herman John E. Hoagland Michael R. McMillan William E. Plummer Officers: Brian J. Brady General MlInager Phillip L. Forbes Al;~istant General Manager I Chief Financial Officer E. P. "Bob~ Lemons Dif'l'ctor of Engineering Perry R. Louck Director of Planning Jeff D. ArmstroDg Controller Kf'lli E. Garcia DistnctSecretaq C. Michael Cowett Best Best & Krieger u.p C'<1?neraICounsel " December 4, 2006 Dale West, Project Planner City ofTemecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Ii '", ~-: .:,; L l ;:' 7;JPf. ~', uY_...-.. j'..' ;..L'~'i,~'7~-r::'-'-:'~' ., """~rh -, _ SUBJECT: WATER A V AILABILITY TEMECULA CHAPARRAL VILLAGE PARCELS NO.5, NO.6, NO.7, AND NO.8 OF PARCEL MAP NO. 26232-2; APN 920-100-025, APN 920-100-026, APN 920-100-030, AND APN 920-100-032; CITY PROJECT NO. PA06-0346 [DBI GROUP] Dear Mr. West: 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. This project has the potential to become a commercial condominium development, with individual building owners and an Owner's Association maintaining the common property and private sewer, water, fire protection, and landscape irrigation facilities. As a condition of approval for the project, RCWD requires that the City of Temecul!l include a Reciprocal Easement and Maintenance Agreement for these on-site private facilities. In addition to this agreement, RCWD requires individual water meters for each condominium unit. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT b~~ Development Engineering Manager cc; Laurie Williams, Engineering Services Supervisor 06\CW"tlI3IFEG Rancho California Water District 42135 Winchester Road . PostOffiu-Box9017 . Temecula,CalifomiIl92589-9017. (951)296-6900 . FAX(951)296-G860 ATTACHMENT NO.4 NOTICE OF PUBLIC HEARING G:IPlanningI2006IPA06-0346 Chaparral VillagelPlanninglPC STAFF REPORT.doc 12 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Planning Application No. PA06-0346, PA07-0231, and PA07-0194 Sjirk Zijlstra representing Zijlstra Architecture Adjacent to the south west corner of Nicolas Road and Winchester Road Planning Application PA06-0346, a Development Plan for a proposed neighborhood commercial shopping center consisting of five single-story buildings totaling 40,400 square feet on a 4.3 acre lot along with Planning Application PA07-0231, a Minor Exception application to reduce the rear yard setback of 15 feet by 15% within the Chaparral Village shopping center. This project will also include Planning Application PA07-0194, a comprehensive Sign Program for the Chaparral Village Shopping Center. In accordance with the California Environmental Quality Act (CEQA), the proposed projects are exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15332, Class 32, In-Fill Development) Christine Damko, Associate Planner Case No: Applicant: Location: Proposal: Case Planner: Place of Hearing: City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: October 3, 2007 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. . ,,}" .~ '-' i~S[;J1~\";y~~' ,j~~~<<~\; $ ,;/......\:),., -,.(::' " /, ;'jI'\7~ >~y ,.,f;( , "~>,,.. ','< ;:', (' / " .-:('~/ j! ,; ; '" '\T~k~"i.::',,\ ".-":---,., ?"'<~i"'';>f ~;flJj' .~l/~ ,-_.-_.- -:r"""~ ;..'. - '- {/~'~~~, ~ f-kA''''i<.Fo. 'I,":'" A,-'-'::-':'IJ-~-_ "1, "(' , ~ ,! f"tIl.j, """f'll.'.!! '-'. -', :.~,:~: l 11-.. 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