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HomeMy WebLinkAbout111908 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the city to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title III. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 19, 2008 - 6:00 PM Next in Order: Resolution: 2008-51 CALL TO ORDER: Flag Salute: Commissioner Carey Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of October 15, 2008 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report 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. 3 Santa Margarita Annexation General Plan Amendment and Zone Change, Stephen Brown RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE SANTA MARGARITA AREA ANNEXATION, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225 AND PA07-0226) 3.2 Adopt a resolution entitled: PC RESOLUTION 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA TAKE VARIOUS ACTIONS RELATED TO ANNEXATION OF THE SANTA MARGARITA AREA LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY 2 4 Planning Application No. PA08-0183, a Minor Conditional Use Permit to authorize EONS Gaming to have an indoor video gaming facility located within a 3,866 square foot unit at 41533 Margarita Road, Suite M101 in the Bel Villaggio shopping center, Dana Schuma RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0183, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE EONS GAMING TO OPERATE AN INDOOR VIDEO GAMING FACILITY WITHIN A 3,866 SQUARE FOOT UNIT LOCATED AT 41533 MARGARITA ROAD, SUITE M101, IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921-830-015) REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, December 3, 2008, 6:00 P.M. City Council Chambers, 43200 Business Park Drive, Temecula, California. The entire agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at cityoftemecula.org. 3 i I I I I ITEM 1 I ' MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION OCTOBER 15, 2008 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, October 15, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Guerriero led the audience in the Flag salute ROLL CALL Present: Commissioners: Carey, Chiniaeff, Guerriero, Harter, and Telesio Absent: None PUBLIC COMMENTS No comments at this time. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of September 17, 2008 2 Director's Hearing Summary Resort RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Carey seconded the motion and voice vote reflected approval with the exception of Commissioner Harter who abstained. PUBLIC HEARING ITEMS 3 Planning Application No PA08-0170 an Extension of Time request for the first one-year extension to Planning Application No PA06-0118, a Development Plan/Home Product Review to construct ten single-family residences located on Rancho California Road, east of Riesling Court RECOMMENDATION: 3.1 Adopt a resolution entitled: RAMinutesPC\101508 1 PC RESOLUTION 08-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0170, AN EXTENSION OF TIME REQUEST FOR THE FIRST ONE-YEAR EXTENSION TO PLANNING APPLICATION NO. PA06-0118, A DEVELOPMENT PLAN/HOME PRODUCT REVIEW TO CONSTRUCT TEN SINGLE-FAMILY RESIDENCES, LOCATED ON RANCHO CALIFORNIA ROAD EAST OF RIESLING COURT (APN 953-090-028) Associate Planner Kitzerow provided a brief staff report. For Commissioner Chiniaeff, Assistant City Attorney Curley advised that the request before the Planning Commission would simply be a request for an Extension of Time and stated that the Planning Commission would not have the purview to impose any Conditions of Approval upon the application; and that with respect to the street along Rancho California Road in front of the project site in question, the Planning Commission cannot direct that the applicant install the improvements at this time but may relay the Commission's desire to have this done. At this time, the public hearing was opened. Mr. Randy Allison, applicant, noted that he would not be opposed to consider the offer of dedication, but that he would not be able to install the full improvements along Rancho California Road in front of the property site at this time. Deputy Director of Public Works York relayed that he will explore who is administering the Assessment District and whether there are funds available; and advised that as part of the pavement rehabilitation program, that there are sections of Rancho California Road near the project site where pavement will be installed as well as striping. At this time, the public hearing was closed. MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. 4 Planning Application No PA08-0166 a Minor Modification to Planning Application No. PA06-0193 Morning Ridge Condo Conversion to change the expiration date to be consistent with the Tentative Tract Map and to allow for a reduction in the required private storage space per unit to accommodate washer/dryer units on private patios, located at 30600 Mil Way Drive RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION 08-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0166, A MINOR MODIFICATION TO PLANNING APPLICATION NO. PA06-0193, MORNING RIDGE CONDOMINIUM CONVERSION TO REDUCE THE REQUIRED PRIVATE RAMinutesPC\101508 2 STORAGE SPACE PER UNIT TO ACCOMMODATE WASHER/DRYER UNITS ON PRIVATE PATIOS, LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD (APN 944-220-003) By way of overheads, Associate Planner Kitzerow provided a staff report highlighting the main components of staff's report such as follows: For Commissioner Harter, Associate Planner Kitzerow advised that although there would not be a condition in place that would prohibit storage being placed onto the patio, staff can add a condition to the CC&Rs that would prohibit visible storage on the patio area. At this time, the public hearing was opened. Mr. Ali Fartash, applicant, advised that there would be a provision in the CC&Rs that would prohibit storage on the patio area. At this time, the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff recommendation subject to a condition being added to the CC&Rs that no storage be allowed on the patio area. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous approval. 5 Planning Application Nos PA08-0122 PA08-0123 and PA08-0125, a Conditional Use Permit Maior Modification and PDO Amendment to PDO-5 for Temecula Village to allow the construction of a 14,000 square foot Fresh & Easy Market with alcohol sales and 5.800 square foot Pad C retail shops located along the south side of Rancho California Road lust west of Cosmic Drive RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION 08-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0123, A MAJOR MODIFICATION TO SUB-AREA B (2.47 ACRES) OF THE APPROVED TEMECULA VILLAGE PDO #5 DEVELOPMENT PLAN TO REPLACE RETAIL IN- LINE SHOP BUILDINGS A AND B WITH A 13,969 SQUARE FOOT FRESH AND EASY MARKET AND TO RELOCATE/REDESIGN PAD C TO 5,800 SQUARE FEET WITHOUT A DRIVE THROUGH, LOCATED ALONG THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, JUST EAST OF MORAGA ROAD (APN 944-290- 012) 5.2 Adopt a resolution entitled: PC RESOLUTION NO. 08-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0122, A CONDITIONAL USE PERMIT TO CONSTRUCT A SPECIALTY GROCERY R.WinutesPM101508 3 MARKET WITHIN SUB-AREA B OF THE PDO-5 ZONING DESIGNATION, AS WELL AS A REQUEST FOR A TYPE 20 (OFF-SALE GENERAL) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE, LOCATED ALONG THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, JUST EAST OF MORAGA ROAD (APN 944- 290-012) 5.3 Adopt a resolution entitled: PC RESOLUTION NO. 08-46 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 AMENDING THE TEMECULA VILLAGE PLANNED DEVELOPMENT OVERLAY (SECTIONS 17.22.140 THROUGH 17.22.156 OF THE TEMECULA MUNICIPAL CODE) TO INCREASE THE ALLOWABLE SIZE FOR RETAIL AND SPECIALTY GROCERY STORES IN SUB-AREA B FROM 10,000 SQUARE FEET TO 15,000 SQUARE FEET, PLUS MINOR MISCELLANEOUS CLEAN-UP REVISIONS (PLANNING APPLICATION NO. PA08-0125)" By way of PowerPoint Presentation, Associate Planner Kitzerow highlighted the following main components of staff's report: • Project Description • Location/Zoning • Background • Major modification - Sub Area B • Architecture - Fresh and Easy • Architecture - Pad C • Conditional Use Permit (CUP) • PDO Amendment • Major Modifications Condition of Approval Revisions • CUP Condition. of Approval Revisions • Environmental Determination • Recommendation With respect to Commissioner Chiniaeff's query regarding the trash bins and loading area, Associate Planner Kitzerow stated that because of the distance of the main road and landscaped buffer, the trash bins facing the street will not be a problem; and noted that the trash enclosure will incorporate decorative doors and will be consistent with the building. For Commissioner Chiniaeff, Associate Planner Kitzerow, advised that the original submittal for the roof was much more extreme and the building height was taller and noted that the proposed roof would be the applicant's corporate design; and that given the aesthetics of the proposed project and the overall architectural elements, staff was supportive of the roof as proposed. At this time, the public hearing was opened. Ms. Amanda Beach, representing the applicant, stated that the applicant would be in agreement of the imposed Conditions of Approval but did request to amend the hours of operation from RAMinutesPC\101508 4 7:00 a.m. - 12:00 a.m. to 6:00 a.m. to 12:00 a.m. to better serve their community. Ms. Beach also noted that Fresh and Easy periodically changes the hours of distribution and would like to maintain the flexibility of distribution hours. . Commissioner Chiniaeff noted that it would be his desire to have a set range of time for deliveries, especially for nighttime deliveries, such as no deliveries before 6:00 a.m. and no deliveries after 12:00 a.m. In response to Commissioner Chiniaeff's comment of delivery hours, Ms. Beach relayed that Fresh and Easy would not be opposed to his suggested delivery hours. At this time, the public hearing was closed. Relaying his opinion, Commissioner Chiniaeff relayed his concern with the configuration of the roof compared to the remaining elements of the center, noting that it would not blend in well with the surrounding environment; and he would also not be in favor of the trash enclosure and loading area facing the main road; and also expressed concern with loading hours. Commissioner Carey relayed his concern with the loading and trash enclosure facing the main road. Director of Planning Ubnoske relayed that due to the configuration of the site, there would not be other options for the applicant with respect to trash enclosures; and stated that staff will ensure that the imposed landscape buffer screens the trash enclosure accordingly; and advised that if the Planning Commission were to grant the modification for the change of hours, it would be for the Fresh and Easy currently being proposed. Chairman Telesio requested that the planters on the east and south side of the building be maintained at all times. Understanding the concerns of Chairman Telesio, Director of Planning Ubnoske noted that she will condition the applicant to ensure appropriate landscape screening on the rear elevations. MOTION: Commissioner Harter moved to approve Item No. 5.1 subject to the TUMF fee and the landscaping. Commissioner Carey seconded the motion and voice vote reflected approval with the exception of Commissioner's Chiniaeff and Guerriero who both voted No. MOTION: Commissioner Harter moved to approve Item No. 5.2 subject to the revision of the PD Condition of Approval, hours of operation from 6:00 a.m. to 12:00 a.m., and subject to the delivery restriction to 6:00 a.m. to 12:00 am. Commissioner Carey seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who voted No. MOTION: Commissioner Guerriero moved to approve Item No. 5.3. Commissioner Harter seconded the motion and voice vote reflected unanimous approval. COMMISSIONERS' REPORTS Commissioner Guerriero relayed his concern with the amount of dirt at the corner of Rancho California Road and Meadows Parkway, and would be like of the corner to be better maintained. RAMinutesPC\101508 5 Commissioner Harter requested that center striping be painted on residential streets located adjacent to school zones. In response to Commissioner Harter's request, Deputy Director of Public Works York relayed that he will advise the traffic engineer of this issue. With respect to the condos on Ynez Road, east of Rancho California Road, Commissioner Chiniaeff relayed his concern with the lack of sidewalk on the property. Referencing the property on Ynez Road and Rancho California Road, Deputy Director of Public Works York relayed that staff is working with the developer to complete the improvements to the street; that with respect to the incident with the cyclist, it was not found to be related to any street issues. For Commissioner Chiniaeff, Assistant City Manager Johnson relayed that Code Enforcement is working with the property owner of the abandoned senior development on Margarita Road and will keep the Commission apprised of any upcoming resolutions. Director of Planning Ubnoske advised that staff is working with the City Attorney to draft a noise ordinance that will allow police to issue administrative citations to early morning noise issues. Commissioner Guerriero relayed his desire of scheduling a tour for Commissioner's around the city. Commissioner Carey requested that a temporary sidewalk be made to the property on Rancho California Road and Ynez Road. PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske requested two volunteers to work with staff on the Old Town Specific Plan. Commissioner Guerriero and Chiniaeff volunteered to work on the amendment to the Old Town Specific Plan with staff. ADJOURNMENT At 7:02 p.m., Chairman Telesio formally adjourned to November 5. 2008 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. John Telesio Debbie Ubnoske Chairman Director of Planning RAMinutesPC\101508 6 i i i i ITEM 2 i 1 i CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Debbie Ubnoske, Director of Planning DATE: November 19, 2008 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for October 2008 Date Case No. Proposal Applicant Action October 23, 2008 PA08-0128, A Development Plan to construct a Dave Wakefield, APPROVED PA08-0222 4,862 square foot restaurant and a Davcon Development Minor Exception to reduce required parking spaces by four spaces, located at the southeast corner of Overland Drive and Nicole Lane October 30, 2008 PA08-0179 A Tentative Residential Parcel Map Dell Toelkes, DMC APPROVED (TPM 36119) to create one parcel for Building Company the Pujol Street Apartment complex, located at the southwest intersection of Pujol Street and First Street Attachment: Action Agendas ACTION AGENDAS z ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING October 23, 20081:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Director of Planning PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA08-0128, PA08-0222 Project Type: Development Plan and Minor Exception Project Title: Panera Bread Applicant: Dave Wakefield, Davcon Development Project Description: A Development Plan to construct a 4,862 square foot restaurant and a Minor Exception to reduce required parking spaces by four spaces Location: Southeast corner of Overland Drive and Nicole Lane Environmental Action: Exempt per CEQA Section 15332, Class 32 In-fill Development Project Planner: Katie Innes ACTION: APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Directors Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. R:\Dimclom Hmring\MEMO\2008\I I-19-2008.dm 3 ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING October 30, 2008 1:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Director of Planning PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA08-0179 Project Type: Tentative Parcel Map Project Title: Pujol Street Apartments PM Applicant: Dell Toelkes, DMC Building Company Project Description: A Tentative Residential Parcel Map (TPM 36119) to create one parcel for the Pujol Street Apartment complex Location: Southwest intersection of Pujol Street and First Street Environmental Action: Notice of Exemption will be issued in compliance with CEQA Section 15162, Subsequent EIRs and Negative Declarations Project Planner: Dana Schuma ACTION: APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. R1Directm Hearing\MEM0\2008\I I-19-2008Am 4 ITEM 3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: November 19, 2008 PREPARED BY: Stephen Brown, Principal Planner Dale West, Associate Planner Katie Innes, Assistant Planner Betsy Lowrey, Junior Planner PROJECT Planning Application Number PA07-0226, consideration of whether to SUMMARY: apply to the Riverside County Local Area Formation Commission (LAFCO) regarding the project site referred to as the Santa Margarita Area Annexation ("SMAA" located immediately southwest of the City of Temecula, west of Interstate 15, and north of the San Diego County/Riverside County border. The SMAA encompasses approximately 4,997 acres of primarily undeveloped privately and publicly owned land located within the unincorporated area of southwest Riverside County. Currently, 554 acres of the SMAA are located within the City of Temecula's Sphere of Influence. This project proposes an expansion of the City's Sphere of Influence to encompass the remaining 4,443 acres of the SMAA, and ultimately the annexation of the entire 4,997 acres from the unincorporated jurisdiction of the County of Riverside ("County') into the incorporated jurisdiction of the City of Temecula. The ultimate approval of the Sphere of Influence expansion and annexation of the SMAA will be decided by the Local Area Formation Commission (LAFCO). This project also includes Planning Application No. PA07-0225, which consists of two parts: a General Plan Amendment to the City of Temecula's Land Use Map with land use designations over the 4,443 acres of the subject property located outside the current Sphere of Influence boundary; and Zoning Amendment for the entire SMAA property, including the property that is currently located both inside and outside of the Sphere of Influence boundaries. The General Plan Amendment will change the current County of Riverside land use designations of Rural Mountainous (RM) and Open Space- Conservation Habitat (OS-CH) to Hillside Residential (HR) and Open Space (OS) under the City of Temecula General Plan land use designations. The Zoning Amendment includes a change from the County of Riverside's current Zoning Designations of Rural Residential (RR) and Residential Agriculture (R-A-20) to the City of Temecula's Zoning Designations of Hillside Residential-Santa Margarita (HR-SM) and Conservation-Santa Margarita (OS-C-SM), which are proposed as a part of the project. This application also includes the Pre-Zoning of the SMAA, since the Zoning Amendment is contingent upon the Sphere of Influence Expansion and Annexation of this area into the City. RECOMMENDATION: Recommend Approval to the Temecula City Council i CEQA: Y Environmental Impact Report (EIR) PROJECT DATA SUMMARY Name of Applicant: City of Temecula Existing Conditions / Land Use for the Project Site: Site: Existing Conditions Primarily undisturbed natural open space within the Santa Margarita Ecological Reserve and six large lot residential dwelling units Land Use City of Temecula (554 acres): Open Space (OS) and Hillside Residential (HR); County of Riverside (4443 acres): Rural Mountainous (RM) and Open Space- Conservation Habitat (OS-CH) Existing Conditions / Land Use for Surrounding Area: North: Existing Conditions Undisturbed natural open space and large lot residential, dwelling units; Land Use City of Temecula: Open Space (OS)/Hillside Residential (HR); County of Riverside: Rural Mountainous (RM) and Open Space-Conservation Habitat (OS-CH) South: Existing Conditions Undisturbed natural open space and large lot residential dwellings units; Land Use County of San Diego: Multiple Rural Use (1 du/ 4,8,20 acres); Public/Semi Public Lands East: Existing Conditions Interstate 15 and undisturbed natural open space, large lot residential dwellings and sporadic commercial activity east of Interstate 15; Land Use City of Temecula: Open Space (OS) and Hillside Residential (HR); County of Riverside: Rural Mountainous (RM), Rural Residential (RR), Public Facilities (PF) and Light Industrial (LI) West: Existing Conditions Undisturbed natural open space and large lot residential dwellings units; Land Use County of Riverside: Rural Mountainous (RM) 2 Santa Margarita Area Annexation Proposed and Existing Land Use and Zoning Approximate Acreage** Existing Proposed Proposed Description City of Expansion City Total Temecula of Temecula Annexation Sphere of Sphere of Area Influence Influence Total Project Area 554 4,443 4,997 County of Riverside Land Use Designation -Open Space-Conservation Habitat (OS-CH) 318 3,966 4,284 -Rural Mountainous (RM) (1 du/10 acres) 236 477 713 County of Riverside Zoning -Rural Residential (RR) (1 du/0.5 acre) 529 4,350 4,879 -Residential Agricultural (RA-20) (1 du/20 acres) 24 94 118 City of Temecula Land Use Designation -Open Space (OS) 318 3,966 4,284 -Hillside Residential (HR) (1 du/10 acres) 236 477 713 City of Temecula Pre-Zoning - Conservation-Santa Margarita (OS-C-SM) 318 3,966 4,284 -Hillside Residential-Santa Margarita 236 477 713 (HR-SM) (1 du/10 ac) As noted above all acreages referenced in the table above are approximate. The numbers referenced in the table have been rounded and do not add up to the exact total acreage referenced in the "Total Proposed Annexation Area" column). 3 BACKGROUND On January 23, 2007, the City of Temecula ("City') City Council directed staff to initiate a feasibility study for a Sphere of Influence Expansion, and Annexation of approximately 4,997 acres located immediately southwest of the City of Temecula, west of Interstate 15 and north of the San Diego County and Riverside County border (the "Santa Margarita Area Annexation" or "SMAA"). On March 6, 2007, the City Council unanimously approved Resolution No. 07-23 which initiated proceedings for the Santa Margarita Area Annexation and for the expansion of the City's Sphere of Influence, based upon the City Council's desire to protect open space lands that surround the City, as consistent with the City's General Plan policies. The City Council further directed staff to prepare and submit an application and associated materials for the proposed annexation to the Local Agency Formation Commission ("LAFCO"). Since then, staff commenced the preparation of documents associated with the proposed SMAA Project and related actions (the "Project"), as more fully described in the Project Summary (above) and as detailed in the attached Environmental Impact Report ("EIR") which was prepared for the Project as mandated by the California Environmental Quality Act ("CEQA"). Staff anticipates submitting the Sphere of Influence Expansion and Annexation applications to LAFCO immediately after certification of the Final EIR and approval of the General Plan and Pre-Zoning/Zoning Amendments by the City Council. ANALYSIS Project Area Description The project site, referred to as the SMAA, encompasses approximately 4,997 acres of primarily undeveloped privately and publicly owned land located within the unincorporated area of southwest Riverside County. Currently, 554 acres of the SMAA are located within the City of Temecula's Sphere of Influence. This project proposes an expansion of the City's Sphere of Influence to encompass the remaining 4,443 acres of the SMAA, and ultimately the annexation of the entire 4,997 acres from the unincorporated jurisdiction of the County of Riverside ("County") into the incorporated jurisdiction of the City of Temecula. Proposed General Plan and Pre-Zoning/Zoning Amendments will establish the general framework for any future development within the SMAA. The majority of the project area is undisturbed and is in a pristine natural condition. Over 85%of the property (4,279 acres) within the SMAA boundary has been conserved as part of the Santa Margarita Ecological Reserve ("SMER"). Although most of the subject property is undeveloped and pristine land, there are six dwelling units within the 4,997-acre site. Four of these units are on privately owned land and appear to be occupied. The other two units are located within the Santa Margarita Ecological Reserve and are periodically occupied by the San Diego State University (SDSU) Field Research Program researchers. The Santa Margarita Ecological Reserve is designed to serve as a living laboratory and open classroom. All field stations are located within natural areas, and scientific monitoring stations exist at various locations within the Santa Margarita Ecological Preserve Area to assist SDSU with continual research and educational programs. The southeast corner of the project area is located within a designated "Special Linkage Area" of the MSHCP. This Special Linkage Area connects the San Diego County Multiple Habitat Conservation Program with the Western Riverside County Multi Species Habitat Conservation Plan, and is the only remaining natural habitat connection for the coastal 4 Santa Ana Mountains to the inland ranges. The pristine nature of the project area, as well as the property located within the Santa Margarita Ecological Reserve, has made this area a valuable resource for ecological and environmental research. In order to protect the Santa Margarita Ecological Reserve and to keep the vital ecosystems in this area intact, for both environmental and educational purposes, a buffer of land needs to be maintained around this property.- The preservation of the SMER and its surroundings is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern California region. As such, the annexation area represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Ecological Reserve. The subject property's topographic character is comprised of steep hills with scattered outcroppings of granite boulders, sloping in a southwesterly direction, with elevations ranging from approximately 530 to 2,330 feet above mean sea level. At the lower elevations of the project, a five-mile stretch of the protected Santa Margarita River flows southwesterly through the SMAA from the northeast portion to the southwest portion of the subject property. The Santa Margarita River begins at the confluence of Temecula Creek and Murrieta Creek at the Temecula City Limits. The river flows through the Temecula Gorge traversing through the primarily undeveloped lands of Camp Pendleton to the west, and ultimately empties into the Pacific Ocean. The Santa Margarita River is the last intact riparian corridor in southern California and an important water source for Camp Pendleton. Sphere of Influence Currently, 554 acres of the Santa Margarita Area Annexation are located within the City of Temecula's Sphere of Influence boundaries. The current City land use designation of this 554- acre area is a combination of Hillside Residential (HR) and Open Space (OS). Since the property is not located within the City of Temecula jurisdiction the zoning designation for the property is not currently determined by the City, but by the County of Riverside. However, the proposed Pre-Zoning/Zoning Designation for the property is a combination of both Hillside Residential - Santa Margarita (HR-SM) and Conservation - Santa Margarita (OS-C-SM), which is consistent with the current General Plan land use designations. The remaining 4,443 acres of the Santa Margarita project area are located outside the current City of Temecula's Sphere of Influence boundaries. The proposed project involves an application to LAFCO requesting the expansion of the City's Sphere of Influence boundaries to include these 4,443 acres. Annexation The project proposes to expand the City's Sphere of Influence and ultimately annex the entire 4,997-acre Santa Margarita Area Annexation project area into the City of Temecula boundaries. The Sphere of Influence expansion and associated Annexation of the SMAA into the City of Temecula involves a shift in land use jurisdiction and services from the County of Riverside to the City of Temecula. Upon annexation, municipal services for the Santa Margarita Area Annexation property will be provided by the City of Temecula. Ultimate approval of the annexation will be decided by LAFCO. 5 The City's objectives for annexing the 4,997-acre Santa Margarita Annexation project area are identified as follows: 1) To integrate the Santa Margarita Area into the City's General Plan, adopting General Plan and Zoning Amendments that establish the general framework for ultimate land use within the study area. 2) To preserve public lands within the Santa Margarita Area Annexation area in natural open space; while retaining the existing rural residential/agricultural character of privately-owned lands. 3) To protect the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties. The proposed annexation is consistent with a number of Policies and Goals existing within the City's General Plan, (as attached hereto, and are hereby incorporated by reference as if set forth in full herein). The City's General Plan Open Space Conservation Element (page OS-26; policy 3.7), requires the City to maintain and enhance the resources of the Santa Margarita River to ensure the long-term viability of the habitat, wildlife and wildlife movement. The City's General Plan also recognizes that the topographical features including the western escarpment and southern ridgelines, and environmental resources of the Santa Margarita River should be protected from incompatible development and activities. In addition, public views to these areas should be maintained (page OS-26, 27). Policy 5.1, in the General Plan Open Space/ Conservation Element (page 05-27), requires conservation of the western escarpment and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence and other important landforms and historic landscape features through the development review process. Currently, the County of Riverside land use designation and zoning allows for the extraction of mineral resources with the approval of a surface mining permit. The City's proposed Land Use and Zoning Designations would not permit mineral resource recovery in this area. It should be noted that a surface mining permit application for a quarry operation within the Santa Margarita Area Annexation has been filed with the County of Riverside and is currently going through the County's permitting and CEQA process. If, however, LAFCO approves requests to amend the City's sphere and annex this area, the City would assume the role of land use regulator, and could effectively preserve the quality of the existing hillsides and the Santa Margarita River. The land use designations and zoning regulations contemplated by the City would reduce potential hazards associated with hillside development by incorporating Hillside Development Standards within the zoning for the SMAA. Further, in addition to the City's objectives related to the preservation of open space, the research potential and unique ecological value of the Santa Margarita Ecological Reserve are also significant reasons for the City's request to annex this area. The incorporation of the SMAA into the Temecula City limits would enable the City to enforce its proposed General Plan and Zoning regulations to implement the City's goals for this area, including preserving natural conditions and resources as well as the valuable hillside and scenic resources. Significantly, annexation of the SMAA into the City would enable it to prohibit land uses on properties adjacent to the Santa Margarita Ecological Reserve that are incompatible with this biologically sensitive and ecologically rich property, such as mineral resource extraction. 6 General Plan Amendment Land Use Designation Amendments to the property in the Sphere of Influence area: As discussed above, 554 acres of the Santa Margarita Area Annexation property are currently within the City of Temecula Sphere of Influence. The remaining 4,443 acres are currently located outside the City's current Sphere of Influence boundary. If approved by LAFCO, the entire 4,997 acre property would fall under the City of Temecula's jurisdiction, and the amendment of the City's General Plan Land Use Map to include the entire 4,997 acre Santa Margarita Area Annexation would be effectuated. Currently, the 554 acres that exists within the City's Sphere of Influence have City of Temecula General Plan land use designations. This area is currently designated as both Open Space (OS) (318 acres) and Hillside Residential (HR) (236 acres). The General Plan Amendment does not propose to change the current General Plan land use designation of the property located within the current General Plan Sphere of Influence. Land Use Designation Amendments to the property outside the Sphere: The 4,443 acres that are currently located outside of the current Sphere of Influence are proposed to be changed as a result of the proposed General Plan Amendment. The proposed General Plan Amendment will change the land use designations for the 4,443 acre located outside the current Sphere of Influence. The proposed General Plan designation for the expanded Sphere of Influence area would be primarily designated as Open Space (OS) (3,966 acres), while the remaining property within this area (477 acres) would be designated as Hillside Residential (HR). The proposed General Plan land use designations (Hillside Residential and Open Space) for this area is are consistent with the City's current land use designation for the 554 acres located within the General Plan Sphere of Influence area. Land Use Designation Amendments for entire Annexation area: There are 713 acres within the SMAA currently designated Rural Mountainous (RM) (1 du/10 acres) under the County of Riverside land use designation. This entire 713 acre area will change to Hillside Residential (HR) (1 du/10 acres) under the City of Temecula General Plan land use designation. As noted in the Draft Environmental Impact Report prepared for the SMAA project, a total of 718 acres were to be designated as Hillside Residential (HR) under the City's General Plan land use designation because a 5-acre parcel with an existing residence is proposed to be included in the HR designation, although it is currently within the County's Open Space -Conservation Habitat (OS-CH) designation. This 5-acre parcel was recently purchased by San Diego State University and is now intended to be used in a manner consistent with the Open Space land use designation and pre-zoning proposed for this property. The residence that currently exists on this parcel would become a legal non-conforming use under the proposed OS-C-SM zone discussed below. Therefore, the proposed land use designation includes a total of 713 acres, not 718 acres, within the Hillside Residential (HR) (1 du/10 acres designation) The remaining 4,284 acres within the Santa Margarita Area Annexation are currently designated as Open Space Conservation Habitat (OS-CH) under the County of Riverside's land use designation. The proposed General Plan Amendment proposes to change the entire 4,284 acre portion of the project area currently designated as Open Space Conservation Habitat (OS-CH) under the County of Riverside's General Plan land use designation, to the City of Temecula General Plan land use designation of Open Space (OS). Consistency with the City's current General Plan: The proposed General Plan Amendment is consistent with the other aspects of the General Plan and its policies. The proposed General Plan Amendment is consistent with the direction, goals and policies of the City's adopted General Plan. The objectives of the General Plan Amendment, and other associated components of the project, will ensure the protectiori and preservation of sensitive habitat and natural resources, as well as sensitive biological and ecological resources that exist, or potentially exist within the annexation area. This is consistent with the direction, goals and policies outlined in the City of Temecula General Plan (Land Use- Goal 6, Policies 6.1, 6.3 and 6.4; Open Space - Goal 2, Policy 2.1, 2.9 Open Space- Goal 3, Policies 3.1 - 3.7, Open Space - Goal 5, Policies 5.1-5.3 and 5.8.). The Amendment is also consistent with a number of General Plan implementation programs (Land Use Implementation Programs: LU-14; LU-19; LU-20; LU-21; Open Space Implementation Programs: OS-9; OS-10; OS-11; OS-12; OS-13; OS-19; OS-21; OS-22; OS-25; OS-33; OS-34; OS-35) and is intended to further implement the General Plan of the City of Temecula. These General Plan implementation programs, like the goals and policies, also emphasize the importance of the preservation of natural and biological resources, as well as the aesthetic quality of the hillsides surrounding the City. Copies of each of the referenced General Plan policies are attached hereto, and are hereby incorporated by reference as if set forth in full herein. Consistency with the existing character of the area: The proposed General Plan Amendment will not have a significant impact on the character of the surrounding area. The General Plan Amendment, which changes the land use designation from the County of Riverside designations of Rural Mountainous (RM) and Open Space Conservation Habitat (OS-CH), to the land use designations of Hillside Residential (HR) and Open Space (OS) for the City of Temecula, will retain the rural character of the surrounding area and protect and maintain the Santa Margarita Ecological Reserve as Open Space. The Amendment is compatible with the nature, condition and development of the area, and will not adversely affect the adjacent uses, buildings or structures. The Amendment will effectively limit certain land uses allowed under the County regulations and preserve the Santa Margarita River and its associated natural resources. Additionally, the General Plan Amendment (in conjunction with the proposed annexation, Sphere of Influence Expansion, and Zoning Amendments) will enable the City to prohibit land uses on properties within, and adjacent to, the Santa Margarita Ecological Reserve that are incompatible with, or may have a significant impact on, the character of this biologically sensitive and ecologically rich property. Preservation of the public health, safety and welfare: The health, safety and general welfare status will effectively remain unchanged as a result of the General Plan Amendment. The intent of the Amendment is to maintain the existing rural character and preserve the open space that currently exists within the project area. Since the General Plan Amendment proposes that the majority (4,279 acres) of the site is to be designated under the City's General Plan, as Open Space, with the remaining portion of the project area designated as Hillside Residential (HR), development will be limited to relatively rural uses. As a result, it has been determined that the proposed General Plan Amendment will not be detrimental to the health, safety and general welfare of the community. Furthermore, as development occurs over time, the City will review all development plan applications pursuant to the proposed zoning regulations discussed below to ensure that all appropriate utilities and 8 municipal services will adequately serve development. Further, to the extent that the Amendment will preclude development of mining operations, it serves to protect the area's health, safety and welfare by preventing the adverse impacts associated with such a use. In conclusion, the Amendment is not detrimental, and in fact will effectively maintain the existing public health, safety and welfare of the community. Zoning Amendment The project includes a proposal to pre-zone the SMAA. The authorization of the zone change for the property within the SMAA is contingent upon the approval of the Sphere of Influence Expansion and Annexation by LAFCO. The discussion which follows addresses the proposed zone change and Hillside Development Standards: Pre-Zone/Zone Change for property within the Sphere of Influence: Currently, 554 acres of the SMAA project area are located within the current City of Temecula General Plan Sphere of Influence boundary. This area has a combined General Plan land use designation of Open Space (OS) (318 acres) and Hillside Residential (HR) (236 acres). Since the property is not currently located within the City of Temecula City limits the zoning designation for the property is not currently determined by the City, but by the County of Riverside. This application includes a proposal to pre-zone this property, with the formal Zoning Amendment contingent upon the annexation of the SMAA into the City's boundaries. The Pre- Zoning/Zone Change proposes to change the 318 acres to Conservation Santa Margarita (OS- C-SM) and the 236 acres to Hillside Residential Santa Margarita (HR -SM) (1 du/10 acres). Pre-Zone/Zone Change for property outside the Sphere of Influence: Currently, 4,443 acres of the total project area are located outside the City's General Plan Sphere of Influence area. Upon the approval of the Sphere of Influence Expansion by LAFCO, this area's zoning will fall under the City of Temecula's jurisdiction. In anticipation of this action by LAFCO, the project proposes to pre-zone the 4,443 acres, with the formal Zoning Amendment contingent upon the annexation of the SMAA into the City's boundaries. Of the 4,443 acres, 3,966 acres are proposed to be changed to Conservation Santa Margarita (OS-C- SM) and the remaining 477 acres are proposed to be changed to Hillside Residential Santa Margarita (HR-SM 1 du/10 acres). Pre-Zone/Zone Change for entire Annexation area: The Santa Margarita Area Annexation encompasses 4,997 acres total. Upon the approval of the Sphere of Influence expansion and Annexation by LAFCO, the property's zoning will fall under the City of Temecula's jurisdiction. The pre-zone and formal Zoning Amendment, which is contingent upon the approval of the Sphere of Influence expansion and annexation by LAFCO, proposes that 4,284 acres within the overall project boundary will be zoned as Conservation Santa Margarita (OS-C-SM), with the remaining 713 acres proposed to be zoned as Hillside Residential Santa Margarita (HR-SM). The City's proposed Zoning Designation of Conservation Santa Margarita (OS-C-SM) limits development within the 4,279 acre Conservation Santa Margarita (OS-C-SM) portion of the Santa Margarita Area Annexation. The proposed zoning of Conservation Santa Margarita (OS-C-SM) limits construction to public utilities or government facilities, such as flood control structures, or essential public infrastructure improvements that may be required to preserve public health and safety, subject to the approval of a conditional use permit. This will ensure the preservation of the Santa Margarita Ecological Reserve 9 primarily as open space and guarantee the protection of the natural and ecological resources that exist in the area. As discussed above, the remaining 713 acres within the Project area will be zoned as Hillside Residential-Santa Margarita (HR-SM 1 du/10 acres) by the City of Temecula. This zoning designation will effectively preserve the rural character of the area. Additionally, the proposed zoning designation of Hillside Residential-Santa Margarita (HR-SM) for 713 acres of the project site will result in development that is most consistent with the open space and conservation goals and land use goals of the City, as well as maintaining consistency with the adjacent land pre-zoned as Conservation-Santa Margarita (OS-C-SM). The proposed zoning of the 713 acres, will also ensure that incompatible land uses will not be constructed adjacent to the Santa Margarita Ecological Reserve, and provide the necessary buffer land to further ensure the preservation and protection of the natural and biological resources that exists or are known to exists within this area. Hillside Development Standards In addition to the proposed Pre-Zoning/Zoning Amendment, the City of Temecula also proposes Hillside Development Standards to guide any development that may occur in the future within the SMAA in the HR-SM and OS-C-SM zones. These standards would be added to the City's Municipal Code, but would only take effect as to the annexation area after the annexation process is approved by LAFCO and the pre-zoning takes effect. The City of Temecula General Plan Land Use Element has anticipated the implementation of these Hillside Development Standards. The General Plan indicates that the City will preserve the natural quality of the hillsides and reduce potential hazards associated with hillside development by incorporating Hillside Development Standards into the Development Code (page, LU-39). The implementation of these standards at this time is appropriate since development may occur within the annexation area in the future and the aesthetic quality and biological preservation of the hillside and the Santa Margarita River is important as outlined in the goals and policies of the General Plan. The implementation of these standards will ensure that all development occurring within the project area will achieve the City's goals and policies as they relate to the protection and preservation of natural and biological resources. The Hillside Development Standards require the approval of a Hillside Development Permit application, (or a Hillside Cluster Development Plan Option) prior to the commencement of any grading or construction activity within the SMAA. Some land uses may also require the approval of a Conditional Use Permit, dependent upon the proposed use, for any development occurring within the annexation area. Hillside Development Permit applications, Hillside Cluster Development Plan Option, and Conditional Use Permits, (as required by the zoning), shall be reviewed to ensure that any development and/or construction occurring within the Santa Margarita Area Annexation shall be designed to protect wildlife habitat, biological corridors, native plants and plant communities, and where practical support inter-connected, contiguous and integrated open space systems within the area. The Hillside Development Standards require sensitive development, resulting in the least aesthetic impact to the hillside, and biological, ecological and natural resources. Hillside Development Plan applications, (or a Hillside Cluster Development Plan Option), and/or Conditional Use Permits, (as required), submitted for development in the Santa Margarita Area will also be reviewed to ensure compliance with the Riverside County Multi-Species Habitat Conservation Plan (MSHCP). 10 Consistency with the City's General Plan The proposed Pre-Zoning and development code amendment is consistent with the City's adopted General Plan and do not create any internal inconsistencies between the proposed zoning and the existing land use designations for the area within the current Sphere of Influence, or between the land use designations proposed for the General Plan Amendment. The proposed zoning for the SMAA will ensure consistency with the General Plan as amended, and continue to implement the goals and policies of the City's adopted General Plan. The City's proposed zoning of Hillside Residential Santa Margarita (HR-SM), will allow for 1 dwelling unit per 10 acres, and will encompass 713 acres within the SMAA. This is consistent with the proposed General Plan land use designation of Hillside Residential (HR) for this property. The remaining portion of the property within the SMAA will be assigned a Zoning Designation of Conservation - Santa Margarita (OS-C-SM). This is also consistent with the proposed General Plan land use designation of Open Space (OS) for this property. As such, the proposed General Plan land use designations and proposed pre-zoning /change of zone are consistent with one another and will not create an internal conflict. As a result of the proposed zoning designations, the majority of the property (4,284 acres) will be permanently preserved as open space, which is consistent with a number of General Plan goals and policies. Copies of each of the referenced General Plan policies are attached hereto, and are hereby incorporated by reference as if set forth in full herein. The General Plan currently emphasizes the importance of the preservation of natural and biological resources, as well as the aesthetic quality of the hillsides surrounding the City (Land Use- Goal 6, Policies 6.1, 6.3 and 6.4; Open Space - Goal 2, Policy 2.1, 2.9 Open Space- Goal 3, Policies 3.1 - 3.7, Open Space - Goal 5, Policies 5.1-5.3 and 5.8,). The proposed Zone Change is also consistent with a number of implementation programs outlined in the General Plan (Land Use Implementation Programs: LU-14; LU-19; LU-20; LU-21; Open Space Implementation Programs: OS-9; OS-10; OS-11; OS-12; OS-13; OS-19; OS-21; OS-22; OS-25; OS-33; OS-34; OS-35).The Sphere of Influence Expansion, Annexation of the Santa Margarita Area, and consequently the General Plan Amendment and Zone Change, will ensure the protection and preservation of sensitive habitat and natural resources, as well as sensitive biological and ecological resources, which exist, or potentially exist within the project area. The proposed zone change, along with the other components of the project, will achieve the City's preservation goals and polices outlined in the General Plan. Consequently, the proposed Zone Change is consistent with the General Plan goals and policies as they relate to the protection and preservation of sensitive resources and hillsides within the project area. To ensure that the development that may occur within the annexation area maintains consistency with the General Plan's direction, goals and policies, Hillside Development Standards for the Santa Margarita Area Annexation have been established. The implementation of Hillside Development Standards is consistent with the General Plan's goals and policies, related. to natural resources and community aesthetics, as outlined in the Land Use Element (Page; LU-39). The Hillside Development standards are intended to preserve the aesthetic and sensitive biological resources within the project area, as consistent with the various General Plan goals and polices, relating to preservation and the protection of sensitive resources. Existing General Plan policies (Open Space - Policies 3.1-3.7 and Open Space - Policies 5.1- 5.3 and 5.8) emphasize the protection of significant ecological and biological resources within the City limit boundaries, as well as within the surrounding area. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 8, 2008 and mailed to the property owners within the required 600-foot radius, other interested parties that have requested notice and/or spoke at previous public hearings, and individuals who submitted petitions related to the Project. Four signs have been posted on the property pursuant to the requirements in Development Code Section 17.03.040 "Public Hearing and Notification." 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 the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Temecula Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. ENVIRONMENTAL DETERMINATION Staff reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, determined the project has the potential to result in a significant impact on the environment. Therefore, an Environmental Impact Report ("EIR") was prepared for the proposed Project. The EIR process typically consists of three parts - the Notice of Preparation (including the Initial Study for the project), the Draft EIR and the Final EIR. Pursuant to Section 15063 of the 2008 Guidelines for the California Environmental Quality Act, the City of Temecula prepared an Initial Study (Environmental Checklist) for the project in order to determine if the project may have a significant impact on the environment. Based upon the discussions contained in the Initial Study the City concluded that an Environmental Impact Report should be prepared. A Notice of Preparation (NOP) for an EIR and a description of potential adverse impacts were distributed to the State Clearinghouse and responsible agencies, and other interested parties on April 13, 2007. A notice advising the availability of the NOP was posted by the County Clerk on April 18, 2007. Copies of the NOP, including the Initial Study, and the NOP distribution list are included in Appendix A of the EIR document. Copies of the comments for the NOP, received by the City, are also included in Appendix A of the EIR. A community scoping session was held on May 10, 2007, pursuant to the requirements of Section 15082(c) (1) of the State CEQA Guidelines. Following the circulation of the EIR for public review and comment period, a revised Notice of Preparation (NOP) was prepared for an updated EIR and a description of potential significant adverse impacts. This notice was distributed to the State Clearinghouse and responsible agencies, and other interested parties on July 28, 2008. A notice advising the availability of the NOP was posted by the County Clerk on July 28, 2008. Pursuant to Section 15082 of the State 12 CEQA Guidelines, recipients of the revised NOP were requested to provide responses within 30 days of the receipt of the NOP. The public review period for the revised NOP began July 28, 2008 and extended through August 26, 2008. Copies of the revised NOP, including the revised Initial Study, and the revised NOP distribution list are also included in Appendix A of the EIR document. Copies of the comments regarding the revised NOP, received by the City, are also included in Appendix A of the EIR. The revised EIR dated September 22, 2008, which was prepared by Environmental Science Associates (ESA) under the City's direction, was distributed for public review from September 22, 2008 through November 5, 2008. The following impacts are identified in the EIR as Potentially Significant Impacts and can be mitigated to less than significant levels: -Biology -Cultural Resources -Land Use and Planning -Public Services -Recreation -Utilities and Service Systems The following impacts are identified in the EIR as being Significant and Unavoidable Impacts, and which cannot be mitigated to a less than significant level: -Air Quality -Mineral Resources -Noise -Transportation/Traffic These areas of Unavoidable Significant Impacts are discussed briefly below: Air Quality The proposed project, with the potential future development of 81 residential dwelling units, could violate air quality standards or contribute substantially to an existing or projected air quality violation resulting from blasting operations associated with short term grading and construction activities, which would be required for residential and supporting infrastructure construction. Since the City's proposed zoning contemplates the construction of single family homes in the HR-SM zone, blasting is likely to be necessary in order to construct the homes and infrastructure. The combined impacts of the blasting emissions and grading activities cannot be mitigated to less than significant levels, even with the proposed mitigation measures. The Draft Environmental Impact Report assumes that 81 new residential dwelling units could potentially be constructed in the future within the SMAA. In order to prepare a worst-case- scenario analysis for potential air quality impacts, the total construction of the development allowed by the project was assumed to occur concurrently and within a one year timeframe, from February 2009 to April 2010. The concurrent blasting and grading activities result in the project exceeding the SCAQMD's regional air quality emissions thresholds for NOx (a generic term for mono-nitrogen oxides). It is the combination of site preparation activities and blasting that would cause the NOx thresholds to exceed the allowable thresholds permitted by the SCAQMD. If the construction activities were spread out over more than one year's time the impacts would be lessened, however, even with the implementation of mitigation measures, NOx would continue to exceed SCAQMD regional significance thresholds in the short-term, as a 13 result of concurrent blasting and other site preparation activities, therefore, the impacts are significant and unavoidable. Mineral Resources The proposed project may 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. Although most of the annexation area is located within an MRZ-3 zone, which is classified as an area in which the significance of mineral deposits cannot be determined from the available data, a portion of the site (the proposed Liberty Quarry) has recently been re-designated from an MRZ-3 zone to an MRZ-2 zone by an assessment by the State Geologist. An MRZ-2 zone is classified as an area for which adequate information indicates that significant mineral deposits are present, or there is a high likelihood for their presence and development should be controlled. The proposed project will result in land use designations and zoning designations that do not allow mining operations. The prohibition of mining of the known aggregate resources located within the project area would result in regional demand for aggregate resources being met by other existing and planned aggregate mine facilities/deposits. No mitigation is available. Therefore, the impact is significant and unavoidable. Noise The City's proposed zoning within the Santa Margarita Annexation Area allows for limited development opportunities which may involve construction, grading and blasting activities associated with development and infrastructure improvements. Construction sites are noisy locations with heavy equipment and blasting that could substantially affect noise levels at nearby residences and within the Santa Margarita Ecological Reserve site and within the annexation area. Therefore, construction noise could at times result in short-term significant and unavoidable impact. Traffic and Circulation The proposed project, with the potential future development of 81 residential dwelling units, will generate approximately 775 trips daily, with 60 trips in the AM Peak hour and 82 trips in the PM Peak hour. Project-related and cumulative impacts upon Interstate 15 Southbound Ramps/Rainbow Valley West Boulevard intersection will be significant because the mitigation is beyond the control of the City and it is possible that the required improvements will not be constructed in time to mitigate the project's impacts to this intersection to a level of less than significant. CONCLUSION Staff and the EIR consultant have reviewed the environmental impacts of the proposed project and find that the project, as proposed, is in the best interest to serve the interest of the community. The proposed Sphere of Influence expansion, Annexation and coinciding General Plan and Zoning Amendments are compatible with the health, safety and welfare of the community as well as the existing and surrounding uses. Furthermore, the project is consistent with the goals and policies adopted by the General Plan. The annexation of the SMAA will ensure the preservation of the SMER and its surroundings which is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern California region 14 and the only remaining natural habitat connection for the coastal Santa Ana Mountains to the inland ranges. As such, the annexation area represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Area. In addition to the City's objectives related to the preservation of open space, the research potential and unique ecological value of the SMER is at the forefront of the City's request for the annexation of this area. The SMER is designed to serve as a living laboratory or an open classroom as all field stations are natural areas and there are scientific monitoring stations at various locations within the Santa Margarita Ecological Preserve Area to assist San Diego State University with their continual research and educational programs. The pristine nature of the project area, as well as the property located within the SMER, has made this area a valuable resource for ecological and environmental research. The need to keep an intact ecosystem for study and education of current and future generations of students also requires buffer lands around the reserve. The integration of the Santa Margarita Area into the Temecula City limits will enable the City to implement the proposed General Plan and Zoning Amendments and maintain consistency and compatibility with the City's goals for this area, including preserving natural conditions and resources as well as the valuable hillside and scenic resources. This action will enable the City to prohibit incompatible land uses on properties adjacent to the SMER, which are incompatible with this biologically sensitive and ecologically rich property. In addition to maintaining the resources of the Santa Margarita River to ensure the long-term viability of the habitat, wildlife and wildlife movement, the City's General Plan also recognizes that the topographical features including the western escarpment and southern ridgelines must be preserved. Furthermore, the General Plan recognizes that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, as well as public views to these areas should be maintained. Therefore, the conservation of the western escarpment and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence and other important landforms and historic landscape features will be protected through the development review process using the proposed Hillside Development standards. RECOMMENDATION For all of the reasons set forth above, staff supports the project as proposed. Staff therefore recommends that the Planning Commission adopt the attached Resolutions. ATTACHMENTS Aerial and Vicinity Maps PC Resolution (EIR) PC Resolution (Recommending Project Approval to the City Council) Exhibit A - CC Resolution (General Plan Amendment) General Plan Amendment Resolution Attachments Exhibits 1-4 Exhibit B - CC Ordinance (Development Code Amendment) Exhibit C - CC Ordinance (Pre-Zoning Amendment) Pre-Zoning Amendment Ordinance Attachments Exhibits 1-4 15 Exhibit D - CC Resolution (LAFCO Sphere of Influence) Exhibit A Exhibit E - CC Resolution (LAFCO Application) Exhibit A Notice of Preparation and Initial Study dated April 13, 2007 Draft Environmental Impact Report (EIR) dated February 15, 2008 on website hftp://laserfiche.citvoftemecula.org/weblink7/ElectronicFile,aspx?docid=208281 &dbid=2 Draft Environmental Impact Report (EIR) Appendices dated February 15, 2008 on website http://laserfiche. citvoftemecula. org/weblink7/Electron icFile. aspx?docid=208289&dbid=2 Revised Notice of Preparation and Initial Study dated July 28, 2008 Revised Draft Environmental Impact Report (EIR) dated September 22, 2008 on website http://laserfiche. citvoftemecula. org/weblink7/E lectron icFi le. aspx?docid=206762&dbid=2 Revised Draft Environmental Impact Report Appendices (EIR) dated September 22, 2008 on website http://laserfiche.citvoftemecula.org/weblink7/ElectronicFile.aspx?docid=208316&dbid=2 Excerpts of General Plan Policies and Table 3.4-3 City of Temecula General Plan Land Use Policies from the Draft Environmental Impact Report Notice of Public Hearing 16 VICINITY AND AERIAL MAPS - Y ~J lvJ arp i w oC a .t a g i 0 m a d _ a Y ~ I Zy' V W ~ J r g a q Q O d m0 Lm o a O a R v ¢ to N ~ aoo a ~~~'u{ S..C" li1~' ~ ^S, qt.-2 ~1♦r~ t~dz\1 1,~~a a1~M~ i ~ `~q o '3..: ~ s„:y S° ~"yy `J S f 7. 1~.. v'" qt 3 t 1~ t• ~ y~ ~ pn f a 1 6. 1 s,. q pd6~ en t 7.~ s lu f N N` 77 C-~J• C~. 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Ve.. :Za, r.. • •t r t PC RESOLUTION (EIR) PC RESOLUTION NO. 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE SANTA MARGARITA AREA ANNEXATION, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE- 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225 AND PA07-0226) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council directed staff to initiate a feasibility study of an Annexation and Sphere of Influence Expansion of approximately 4600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of the San Diego County (the "Santa Margarita Area Annexation" or "SMAA"). B. On March 6, 2007, the City of Temecula City Council adopted Resolution No. 07-23 to initiate proceedings for the Santa Margarita Area Annexation. C. On August 1, 2007, the City of Temecula initiated Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary. Further, the project includes consideration of applications to the Local Agency Formation Commission (LAFCO) for expansion of the City's sphere of o influence and to annex the SMAA (collectively, the "Project"). D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. E. A Draft Environmental Impact Report ("EIR") was prepared for the project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. F. The Planning Commission, at a regular meeting, considered the Project and Draft EIR on November 19, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Section 2. Recommendation. The Planning Commission has considered the Draft EIR prepared for the Santa Margarita Area Annexation and has considered the significant and unavoidable environmental impacts of the Project. The Planning Commission finds that there are Project benefits that would outweigh any of the adverse impacts identified in the Draft EIR, and on this basis, recommends that the City Council of the City of Temecula certify the Final EIR prepared for the Santa Margarita Area Annexation, adopt Findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Santa Margarita Area Annexation project Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of November, 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of November 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Debbie Ubnoske, Secretary PC RESOLUTION (RECOMMENDING PROJECT APPROVAL) PC RESOLUTION NO. 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA TAKE VARIOUS ACTIONS RELATED TO ANNEXATION OF THE SANTA MARGARITA AREA LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council directed staff to initiate a feasibility study of an Annexation and Sphere of Influence Expansion of approximately 4600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of the San Diego County (the "Santa Margarita Area Annexation"). B. On March 6, 2007, the City of Temecula City Council adopted Resolution No. 07-23 to initiate proceedings for the Santa Margarita Area Annexation. C. On August 1, 2007, the City of Temecula initiated Planning Application No. PA07-0225 (a General Plan, Zone Text Amendment and Pre-Zoning) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary (collectively, the "Amendment'). D. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. E. A Draft Environmental Impact Report ("EIR") was prepared for the project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. F. The Planning Commission at a regular meeting, considered the Draft EIR and the various components of the Annexation Project on November 19, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Amendment the Planning Commission adopted Resolution No. 08- recommending that the City Council certify the EIR prepared for the Santa Margarita Area Annexation, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The Planning Commission in recommending approval to the City Council of the General Plan Amendment, Zone Code Amendment, and Pre-Zoning, hereby finds, determines and declares that: A. The proposed Amendment integrates the Santa Margarita Area Annexation into the City's General Plan. The proposed Amendment will integrate the Santa Margarita Area Annexation into the City's General Plan by amending the City's General Plan Land Use Map to adopt General Plan Land Use Designations for the Santa Margarita Area Annexation consisting of Hillside Residential (HR) and Open Space (OS). Currently, 554 acres of the 4,997 acres of the Santa Margarita Area Annexation are located within the City's Sphere of Influence and are already designated on the City's General Plan Land Use Map with 318 acres as Open Space (OS) and 236 acres Hillside Residential (HR). The Amendment will adopt the remaining 4,443 acres into the City's General Plan Land Use Map designating 3,961 acres as Open (OS) and 482 acres as Hillside Residential (HR). In total, the Santa Margarita Area Annexation encompasses 4,997 acres of which 4,284 acres will be designated as Open Space (OS) and 713 acres will be designated as Hillside Residential (HR). The General Plan amendment is contingent upon the ultimate approval by Riverside County Local Agency Formation Commission ("LAFCO') of the City's proposed Sphere of Influence expansion of 4,443 acres and, if approved, the proposed General Plan amendment will integrate the Santa Margarita Area Annexation into the City's General Plan. B. The Amendment implements the direction, goals and policies of the City's General Plan. The proposed Amendment implements the proposed and existing General Plan Land Use Designations for the Annexation area, which ultimately implements the direction, goals and policies outlined within the City of Temecula General Plan. The Pre-Zoning and zoning amendment adopts Zoning Districts within the Development Code to match, and implement, the proposed General Plan Land Use Designations for the Santa Margarita Area Annexation. The Santa Margarita Area Annexation encompasses approximately 4,997 acres of which 4,284 acres would be zoned Conservation-Santa Margarita (OS-C-SM) to implement the Open Space (OS) General Plan Land Use Designation, and 713 acres would e zoned Hillside Residential-Santa Margarita (HR-SM) to implement the Hillside Residential (HR) General Plan Land Use Designation. In addition, the zoning amendment includes Hillside Development Standards for the Santa Margarita Area Annexation establishing the framework to implement the direction, goals and policies of the City's General Plan. As outlined in the Land Use Element (Page LU-39), "The City will preserve the quality of hillsides and reduce potential hazards associated with hillside development by incorporating hillside development standards within the Development Code." The proposed Hillside Development Standards for the Santa Margarita Area Annexation are consistent with goals, policies and implementation programs as outlined in the adopted City of Temecula General Plan including, but not limited to, the General Plan Land Use Policies identified within Table 3.4-3 of the EIR and the General Plan Goals, Policies and Implementation Programs as follows: -The Open Space Element (Water Resources Pages OS-23 and OS-24) calls for the protection of the Santa Margarita River from development impacts supported by Goal OS-2, Policies 2.1 and 2.9. -The Open Space Element (Biological Resources Pages OS-25 and OS- 26) emphasizes permanent dedication of open spaces in and around the community aimed to conserve resources of significance and safeguard viable ecological connections between significant natural areas supported by Goal OS- 3, Policies 3.1-3.7 (Policy 3.7 specifically indicates the City's policy to maintain and enhance the resources of the Santa Margarita River to ensure the long term viability of the habitat, wildlife and wildlife movement corridors). -The Open Space Element (Open Space Page OS-26 through Page OS- 28) recognizes that topographical features such as the western escarpment and southern ridgelines, as well as natural drainage courses and states that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, supported by Goal OS-5, Policies 5.1-5.3, and 5.8. -The Open Space Implementation Programs of the City of Temecula General Plan including OS-9; OS-10; OS-11; OS-12; OS-13; OS-14, OS-19; OS- 20, OS-21; OS-22; OS-25; OS-33; OS-34; OS-35. -The Land Use Element (Natural Resources and Community Aesthetics Page LU-47) indicates the importance of hillsides, which form an aesthetic backdrop for the community, and is supported by Goal LU-6, Policies 6.1, 6.3 and 6.4. -The Land Use Implementation Programs of the City of Temecula General Plan including LU-14; LU-18, LU-20; and LU-21. The propose Hillside Development Standards specifically address LU-19 which states, "Promote preservation of hillsides surrounding the community through the following actions: (1) Enforce hillside grading standards to naturalize the effects of grading; (2) Require the preservation of unique natural features; (3) Encourage a broad range of architectural and site planning solutions; and (4) Develop hillside development standards that consider site constraints in determining location, type and intensities of new development along the western escarpment and other surrounding hillside areas." The pre-zoning of the Annexation Area is contingent upon the ultimate approval by LAFCO of the City's Santa Margarita Area Annexation proposal. If approved, the proposed amendment will establish the framework to ensure development within the project area implements the directions, goals and policies related to the protection and preservation of natural and sensitive resources, habitat and the hillsides area as outlined within the City of Temecula General Plan. The General Plan Policies referenced herein are hereby incorporated into this Resolution as if set forth in full. C. The proposed Amendment preserves public lands within the Santa Margarita Area Annexation in natural open space while retaining the existing residential and agricultural character of privately owned lands. The proposed Amendment includes proposed Hillside Development Standards for the Santa Margarita Area Annexation that will establish the framework to preserve public lands within the Santa Margarita Area Annexation in natural open space while retaining the existing residential / agricultural character of privately- owned lands. Hillside Development Standards will facilitate and permit the orderly development of private and public properties within the HR-SM (Hillside Residential-Santa Margarita) and OS-C-SM (Conservation-Santa Margarita) Zoning Districts of the Santa Margarita Area Annexation. The implementation of the Zoning Districts would allow no more than one dwelling unit per ten acres within the HR-SM zone (and limited development within the OS-C-S zone). In conjunction with the proposed Zoning Districts, the Hillside Development Standards will effectively preserve the rural character of the area. It will also protect and preserve natural and biological resources by carefully considering the size, type, location, density and intensity of development based on available infrastructure, the geographic steepness of terrain, presence of unique geographic conditions and constraints, and presence of environmentally sensitive resources and habitat. Furthermore, the development standards will ensure sensitive site design related to grading, landscape architecture and architecture. If approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation. D. The proposed Amendment protects the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties. The proposed Amendment includes proposed zoning and development standards, which protect the research value of the Santa Margarita Ecological Reserve ("SMER') by prohibiting incompatible land uses within adjacent properties. The majority of the project area is undisturbed and is in a pristine natural area, of which over 85% of the Santa Margarita Area Annexation boundary has been conserved as part of the SMER. To maintain protection of the SMER, the City's proposes to zone this area as OS-C-SM (Conservation- Santa Margarita), which limits development. The Santa Margarita Ecological Reserve is designed to serve as a living laboratory or an open classroom. All field stations are within natural areas and scientific monitoring stations are installed at various locations within the Santa Margarita Ecological Preserve Area to assist SDSU with continual research and educational programs. The pristine nature of the project area, as well as the property located within the Santa Margarita Ecological Reserve, has made this area a valuable resource for ecological and environmental research. The need to keep an intact ecosystem for study and education of current and future generations of students also requires buffer lands around the SMER. The Annexation, if approved, in conjunction with associated Amendments to support the General Plan, will preserve the SMER and its surroundings, which is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern California region. As such, the annexation represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Area. Furthermore, the research potential and unique ecological value of the Santa Margarita Ecological Reserve is an objective of the City's request for the annexation of this area. The integration of the Santa Margarita Area Annexation into the Temecula city limits will enable the City to implement the proposed General Plan and Zoning Amendments and maintain consistency and compatibility with the City's goals for this area, including preserving natural conditions and resources as well as the scenic hillsides. Ultimate approval of the Santa Margarita Area Annexation by LAFCO is required. If approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation. This action will enable the city to limit land uses within and surrounding properties adjacent to the Santa Margarita Ecological Reserve, that are incompatible with this biologically sensitive and ecologically rich property. Section 3. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Resolutions and Ordinances substantially in the form of those attached here to, which would: A. Amend the City's General Plan to add the SMAA to the City's General Plan and provide general plan land use designations for the SMAA (See Exhibit A), contingent upon LAFCO approval of the Annexation; and, B. Amend Title 17 of the City's Municipal Code to adopt proposed Hillside Residential - Santa Margarita (HR-SM) and Open Space Conservation - Santa Margarita) OS-C-SM) zoning designations and regulations, and related code amendments (See Exhibit B); and, C. Pre-zone the SMAA to Hillside Residential - Santa Margarita (HR-SM) and Open Space Conservation - Santa Margarita (OS-C-SM) (See Exhibit C); and, D. Request that the Riverside County Local Agency Formation Commission extend the City's Sphere of Influence to include the SMAA (See Exhibit D); and, E. Request that the Riverside County Local Agency Formation Commission Allow the City to Annex the SMAA area into the City's jurisdiction (See Exhibit E). Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of November, 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of November 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Debbie Ubnoske, Secretary DRAFT EXHIBIT A CC RESOLUTION - GENERAL PLAN AMENDMENT DRAFT RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE ELEMENT TO INCORPORATE HILLSIDE RESIDENTIAL (HR) AND OPEN SPACE (OS) AS THE GENERAL PLAN LAND USE DESIGNATIONS WITHIN THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council directed staff to initiate a feasibility study of an Annexation and Sphere of Influence Expansion of approximately 4,600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of the San Diego County (the "Santa Margarita Area Annexation"). B. On March 6, 2007, the City of Temecula City Council adopted Resolution No. 07-23 to initiate proceedings for the Santa Margarita Area Annexation. C. On August 1, 2007, the City of Temecula initiated Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary (collectively the "Amendment'). D. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. E. A Draft Environmental Impact Report ("EIR") was prepared for the project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. F. The Planning Commission, at a regular meeting, considered the Amendment and environmental review on November 19, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and DRAFT interested persons had an opportunity to and did testify either in support or in opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Amendment the Planning Commission adopted Resolution No. 08- recommending that the City Council certify the EIR prepared for the Santa Margarita Area Annexation, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Amendment. H. At the conclusion of the Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 08- recommending that the City Council approve the Project, including the General Plan Amendment. 1. On [INSERT DATE], the City Council of the City of Temecula held a duly noticed public hearing on the proposed Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. J. On [INSERT DATE], the City Council of the City of Temecula considered the project and the Final EIR, at a duly noticed public hearing, and by adoption of Resolution No. certified the Final EIR prepared for the Santa Margarita Area Annexation, adopted Findings pursuant to CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Amendment, hereby finds, determines and declares that: A. The proposed Amendment integrates the Santa Margarita Area Annexation into the City's General Plan. The proposed Amendment integrates the Santa Margarita Area Annexation into the City's General Plan by amending the City's General Plan Land Use Map to adopt General Plan Land Use Designations for the Santa Margarita Area Annexation consisting of Hillside Residential (HR) and Open Space (OS). Currently, 554 acres of the 4,997 acres of the Santa Margarita Area Annexation are located within the City's Sphere of Influence and are already designated on the City's General Plan Land Use Map with 318 acres as Open Space (OS) and 236 acres Hillside Residential (HR). The Amendment will adopt the remaining 4,443 acres into the City's General Plan Land Use Map designating 3,966 acres as Open (OS) and 477 acres as Hillside Residential (HR). In total, the Santa Margarita Area Annexation encompasses 4,997 acres of which 4,284 acres will be designated as Open Space (OS) and 713 acres will be designated as Hillside DRAFT Residential (HR). The Amendment is contingent upon the ultimate approval by Riverside County Local Agency Formation Commission ("LAFCO') and, if approved, the proposed General Plan Amendment will integrate the Santa Margarita Area Annexation into the City's General Plan. B. The proposed Amendment implements the direction, goals and policies of the City's General Plan. The proposed Amendment implements the direction, goals and policies outlined within the City of Temecula General Plan. The Santa Margarita Area Annexation encompasses approximately 4,997 acres of which 4,284 acres propose Conservation-Santa Margarita (OS-C-SM) as the Zoning District to implement the Open Space (OS) General Plan Land Use Designation and 713 acres propose Hillside Residential-Santa Margarita (HR-SM) as the Zoning District to implement the Hillside Residential (HR) General Plan Land Use Designation. -The Open Space Element (Water Resources Pages OS-23 and OS-24) calls for the protection of the Santa Margarita River from development impacts supported by Goal OS-2, Policies 2.1 and 2.9. -The Open Space Element (Biological Resources Pages OS-25 and OS-26) emphasizes permanent dedication of open spaces in and around the community aimed to conserve resources of significance and safeguard viable ecological connections between significant natural areas supported by Goal OS-3, Policies 3.1-3.7 (Policy 3.7 specifically indicates the City's policy to maintain and enhance the resources of the Santa Margarita River to ensure the long term viability of the habitat, wildlife and wildlife movement corridors). -The Open Space Element (Open Space Page OS-26 through Page OS-28) recognizes that topographical features such as the western escarpment and southern ridgelines, as well as natural drainage courses and states that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, supported by Goal OS-5, Policies 5.1-5.3, and 5.8. -The Open Space Implementation Programs of the City of Temecula General Plan including OS-9; OS-10; OS-11; OS-12; OS-13; OS-14, OS-19; OS-20, OS-21; OS-22; OS-25; OS-33; OS-34; OS-35. -The Land Use Element (Natural Resources and Community Aesthetics Page LU-47) indicates the importance of hillsides, which form an aesthetic backdrop for the community, and is supported by Goal LU-6, Policies 6.1, 6.3 and 6.4. -The Land Use Implementation Programs of the City of Temecula General Plan including LU-14; LU-18, LU-20; and LU-21. The propose Hillside Development Standards specifically address LU-19 which states, "Promote preservation of hillsides surrounding the community through the following DRAFT actions: (1) Enforce hillside grading standards to naturalize the effects of grading; (2) Require the preservation of unique natural features; (3) Encourage a broad range of architectural and site planning solutions; and (4) Develop hillside development standards that consider site constraints in determining location, type and intensities of new development along the western escarpment and other surrounding hillside areas. The Amendment is contingent upon the ultimate approval by LAFCO approved. If approved, the proposed amendment will establish the framework to ensure development within the project area implements the directions, goals and policies related to the protection and preservation of natural and sensitive resources, habitat and the hillsides area as outlined within the City of Temecula General Plan. The General Plan Policies referenced herein are hereby incorporated into this Resolution by reference as if set forth in full. C. The proposed Amendment preserves public lands within the Santa Margarita Area Annexation in natural open space while retaining the existing residential and agricultural character of privately owned lands. The proposed Amendment includes proposed Hillside Development Standards for the Santa Margarita Area Annexation which will establish the framework to preserve public lands within the Santa Margarita Area Annexation in natural open space while retaining the existing residential / agricultural character of privately- owned lands. Hillside Development Standards will facilitate and permit the orderly development of private and public properties within the HR-SM (Hillside Residential-Santa Margarita) and OS-C-SM (Conservation-Santa Margarita) Zoning Districts of the Santa Margarita Area Annexation. The implementation of the Zoning Districts would allow no more than one dwelling unit per ten acres within the HR-SM zone (and limited development within the OS-C-S zone). In conjunction with the proposed Zoning Districts, the Hillside Development Standards will effectively preserve the rural character of the area. It will also protect and preserve natural and biological resources by carefully considering the size, type, location, density and intensity of development based on available infrastructure, the geographic steepness of terrain, presence of unique geographic conditions and constraints, and presence of environmentally sensitive resources and habitat. Furthermore, the development standards will ensure sensitive site design related to grading, landscape architecture and architecture. These standards would be added to the City's Municipal Code, and made applicable to the Annexation Area contingent upon approval of the Santa Margarita Area Annexation by LAFCO. If approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation. DRAFT D. The proposed Amendment protects the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties. The proposed Amendment includes proposed zoning and development standards, which protect the research value of the Santa Margarita Ecological Reserve ("SMER') by prohibiting incompatible land uses within adjacent properties. The majority of the project area is undisturbed and is in a pristine natural area, of which approximately 85% of the Santa Margarita Area Annexation boundary has been conserved as part of the SMER. To maintain protection of the SMER, the City's proposes to zone this .area as OS-C-SM (Conservation-Santa Margarita), which limits development. The Santa Margarita Ecological Reserve is designed to serve as a living laboratory or an open classroom. All field stations are within natural areas and scientific monitoring stations are installed at various locations within the Santa Margarita Ecological Preserve Area to assist SDSU with continual research and educational programs. The pristine nature of the project area, as well as the property located within the Santa Margarita Ecological Reserve, has made this area a valuable resource for ecological and environmental research. The need to keep an intact ecosystem for study and education of current and future generations of students also requires buffer lands around the SMER. The Annexation, if approved, in conjunction with associated Amendments to support the General Plan, will preserve the SMER and its surroundings, which is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern California region. As such, the annexation represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Area. Furthermore, the research potential and unique ecological value of the Santa Margarita Ecological Reserve is an objective of the City's request for the annexation of this area. The integration of the Santa Margarita Area Annexation into the Temecula City limits will enable the City to adopt the proposed Amendment and maintain consistency and compatibility with the City's goals for this area, including preserving natural conditions and resources as well as the scenic hillsides. Ultimate approval of the Santa Margarita Area Annexation is by LAFCO. If approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation. This action will enable the City to limit land uses within and surrounding properties adjacent to the Santa Margarita Ecological Reserve, that are incompatible with this biologically sensitive and ecologically rich property. DRAFT Section 3. General Plan Amendment. A. The property as shown on Exhibit 1, and described in Exhibit 2, is hereby designated as Hillside Residential (HR), which shall become the General Plan Land Use Designation upon annexation of the property to the City. B. The property as shown on Exhibit 3 and described in Exhibit 4, is hereby designated as Open-Space (OS), which shall become the General Plan Land Use Designation upon annexation of the property to the City. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. DRAFT PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk I Santa Margarita Area Annexation - I'~ sane r ,y, i h J 1 1 Y o ~ ~ 1.1 ~ S 1 t... \~1 s T f~ HR I I i - r J HR HIR v Ri iEe county v~ Vli H110PAA1F F.p San Diego County z z 3w MST g Ox'ONEn( LOdtWfMtN W qy Y S ? vel,,0.10 LV P/NONPP R1H V W1N 3 o a;r ro c NO City of Temecula - Santa Margarita Area Annexation MReN1NNMISaIIen Exhibit 1 General Plan Amendment Gn.nl PMn laM U..omgn,oon, Properties with HR Designation br be 6 eM° M agaiRa Ma MneseYOn ® MiPSba NexiEVnPeI (HR) a ® new.-.s.._...,,.,m-~.... Exhibit 2 Assessor Parcel Numbers with General Plan Amendment Hillside Residential (HR) Designation 918090016 918090001 918090039 918100004 918090012 918090006 918090036 918100007 918090026 918090005 918090031 918100006 918090028 918090017 918060022 918090008 918090011 918120044 918060021 918090021 918090024 918090023 918080008 918090013 918060013 918090019 918090043 918090007 918100003 918090010 918060010 918110001 918090002 918100005 918060009 918060008 918090003 918090014 918090033 918090034 918090004 918100008 918090042 918090040 918090025 918090018 918130031 918090037 918110002 918090027 918110028 918090030 918100001 918090009 918100002 918090038 918100012 918090032 918090015 918090035 918090020 918130043 918090029 918060011 918090022 918060023 918080009 918060024 Santa Margarita Area Annexation 1 \ - acx ,t,ty . ~St II 1 \ i t1k5 r , "9€rc 1 s I / Pr ,ri \.E +y, eta iTl ~ I ~ ~ "~I vYrxo $ 1 MfF LEW i awaralde comfy ,s vuvavoauv, •k, San MOW county a ; OISi i OW ONEErc y Oe~ ~ IWrcWIMTM r( g3 z y15Tav~Rp aniw~ ar asrn 4r oem V~ 3 0; ~ 03ry ~ ~ g ~ to Eka' S V U ERO City of Temecula - Santa Margarita Area Annexation M~MaM«Meryian ' ay ar.««MCdp..r.uma, Exhibit 3 General Plan Amendment a. Properties with OS Designation IZaAIN16a MaryaMaN«a~.«:m. . sYecetost Exhibit 4 Assessor Parcel Numbers with General Plan Amendment Open Space (OS) Designation 940250002 918070014 940260005 940250003 918070011 940260002 940260003 918050009 940260004 940280006 918070019 918060018 940250006 918080011 918040011 918060014 918050003 918050008 918080007 918080010 918060019 918050006 918050002 918050001 918060007 918070012 918070018 918040003 918070008 918080001 918060001 918050005 918080003 918040004 918060017 918050007 918060020 918060015 918060002 918060003 918080002 918050004 918060006 918040012 918080006 918060016 918060004 940260001 DRAFT EXHIBIT B CC ORDINANCE - ZONING AMENDMENT DRAFT ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA BY ADOPTING ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-SM) AND OPEN SPACE CONSERVATION DISTRICT-SANTA MARGARITA (OS-C-SM) AND ADOPTING HILLSIDE DEVELOPMENT STANDARDS FOR A PRE-ZONING OF THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council directed staff to initiate a feasibility study of an Annexation and Sphere of Influence Expansion of approximately 4600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of the San Diego County (the "Santa Margarita Area Annexation"). B. On March 6, 2007, the City of Temecula City Council adopted Resolution. No. 07-23 to initiate proceedings for the Santa Margarita Area Annexation. C. On August 1, 2007, the City of Temecula initialized Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary ("Project'). D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed, by State and local law, including the California Environmental Quality Act. DRAFT E. A Draft Environmental Impact Report ("EIR") was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. F. The Planning Commission, at a regular meeting, considered the Project and environmental review on November 19, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Amendment the Planning Commission adopted Resolution No. 08- recommending that the City Council certify the EIR prepared for the Santa Margarita Area Annexation, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Amendment.. H. At the conclusion of the Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 08- recommending that the City Council approve the Project, including the Zone Text Amendment. I. On [INSERT DATE], the City Council of the City of Temecula held a duly noticed public hearing on the proposed Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. J. On [INSERT DATE], the City Council of the City of Temecula considered the project and the Final EIR, at a duly noticed public hearing, and by adoption of Resolution No. certified the Final EIR prepared for the Santa Margarita Area Annexation, adopted Findings pursuant to CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program. Section 2. Table 17.03.010 (Planning and Zoning Approval Authority) of Section 17.03.010 of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code, is hereby amended to add a new row immediately following the row entitled "Secondary Dwelling Unit," to read as follows, with all other aspects of the table remaining unchanged: DRAFT Table 17.03.010 Planning and Zoning pprovalAut,ority Application Administrative Planning Planning City Approval , Director Commission Council "Hillside Development Permit Xr Section 3. A new Section 17.04.060 (Hillside Development Permit) is hereby added to Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.04.060 Hillside Development Permit A. Purpose and Intent. A Hillside Development Permit is required to facilitate and permit the orderly development of property within the HR-SM (Hillside Residential-Santa Margarita) and the OS-C-SM (Conservation-Santa Margarita) Zoning Districts within the Santa Margarita Area Annexation. The permit process will ensure that projects comply with a set of hillside development standards aimed a protecting the public health, safety and welfare; protecting and preserving natural and biological resources for long-term benefit of the City by carefully considering the size, type, location, density, and intensity of development based on available infrastructure; the geographic steepness of terrain; presence of unique geographic conditions and constraints; and presence of environmentally sensitive areas. Specific regulations and standards address the following City objectives: B. Application Requirements. Applications for a Hillside Development Permit shall be completed in accordance with the Section 17.03.030 of the Temecula Municipal Code. C. Authority of Hearing Bodies for a Hillside Development Permit. The Planning Commission shall have the authority to hear and act upon a Hillside Development Permit in accordance with the Temecula Development Code. The City Council shall have the authority to hear and act upon any appeal to the decision of the Planning Commission, pursuant to Section 17.03.090 of the Development Code. D. Hearing and Notice. Upon the determination that a Hillside Development Permit application is complete, a public hearing shall be scheduled with the Planning Commission. Notice of the time, date and place of public hearing shall be given as provided in Section 17.03.040 of this Code. DRAFT E. Approval. A Hillside Development Permit may, based on findings set for in this Section, be approved, conditionally approved or denied after a public hearing. Decisions of the Planning Commission may be appealed to the City Council, pursuant to Section 17.03.090 of the Temecula Municipal Code. F. Findings. The Planning Commission may approve or conditionally approve a Hillside Development Permit only when the following findings can be made: 1. The Hillside Development Permit does not permit uses that are not otherwise allowed in the zone. 2. The proposed use is compatible with the nature, character and use of the surrounding area. 3. The proposed use will not adversely affect adjacent residents or structures. 4. The nature and location of the proposed use will not be detrimental to the health, safety, or welfare of the community. 5. The Hillside Development Permit places suitable conditions on the project to protect surrounding properties. G. Notice of Decision. A copy of the notice of decision shall be provided to the applicant in accordance with Section 17.03.040.E of the Temecula Municipal Code. H. Revocation. A Hillside Development Permit may be revoked or modified by the Planning Commission in accordance with the provisions of Section 17.03.080 of the Temecula Municipal Code." Section 4. A new subsection H (Hillside Residential-Santa Margarita (HR-SM) is hereby added to Section 17.06.020 of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of Section 17.06.020 remaining unchanged: "H. Hillside Residential-Santa Margarita (HR-SM). The Hillside Residential- Santa Margarita zoning district is intended to provide for development of very low density residential uses within the Santa Margarita Area Annexation boundaries. This includes properties that have severe development constraints such as areas with slopes over twenty-five percent, biological resources and, limited emergency access. Typical lot sizes in the HR-SM district are equal to or greater than 10 acres." Section S. A new column entitled "HR-SM" immediately following the column entitled "H," along with a new footnote 9, is hereby added to Table 17.06.030 DRAFT (Residential Districts) of 17.06.030 (Use Regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: Description of Use "HR-SM9 Residential Single-family detached P Duplex (two-family dwellings) Single-family attached (greater than two units) - Multiple-family - Manufactured homes P Mobilehome park Facilities for the mentally disordered, handicapped, or P dependent or neglected children (six or fewer) Facilities for the mentally disordered, handicapped, or C dependent or neglected children (seven to twelve) Alcoholism or drug abuse recovery or treatment facility (six or P fewer) Alcoholism or drug abuse recovery or treatment facility (seven or C more) Residential care facilities for the elderly (six or fewer) P Residential care facilities for the elderly (seven or more) C Congregate care residential facilities for the elderly 6 - Boarding, rooming and lodging facilities - Secondary dwelling units 7 P Granny flat P Guest house P Family day care homes-small P Family day care homes-large' C Day care centers C Bed and breakfast establishments 6 C Emergency shelters C Transitional housing C Non-Residential DRAFT Description of Use ,HR-SM9 Agriculture/open space uses 6 C Religious institutions C Public utility facilities C Educational institutions C Libraries - Medical marijuana dispensary - Museums and art galleries (not for profit) - Kennels and catteries 6 - Noncommercial keeping of horses, cattle, sheep and goats 6 P Temporary real estate tract offices P Recreational vehicle storage yard s Parking for commercial uses - Nonprofit clubs and lodge halls - Convalescent facilities Golf courses - Home occupations P Construction trailers e' 6 P" Notes: "9 Development within the HR-SM zoning district is subject to Section 17.06.080 Hillside Development Standards." Section 6. A new column entitled "HR-SM" added immediately following the column entitled "H," is hereby added to Table 17.06.040 (Development Standards - Residential Districts) of Section 17.06.040 (Development Standards) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: DRAFT Table 17.06.040 Development Standards - Residential Districts Residential Development Standards "HR=SM Lot Area Minimum net lot area (square feet) Minimum net lot area (acres) • • • 10 Dwelling Units per net acre Lot Dimensions Minimum lot frontage at front property line (feet) • . • 50 Minimum lot frontage for a flag lot at the front property line 40 (feet) Minimum width at required front setback area (feet) 100 Minimum average width (feet) 100 Minimum lot depth (feet) 150 Setbacks Minimum front yard (feet) • • • 40 Minimum corner side yard (feet) • • • 40 Minimum interior side yard (feet) • • • 25 Minimum rear yard (feet) • • . 25 Other Requirements Maximum height (feet) Subject to Section 17.06.080 Maximum percent of lot coverage Subject to Section 17.06.080 Open space required Subject to Section 17.06.080 Private open space/per unit • • . Subject to Section 17.06.080" Section 7. A new Section 17.06.080 (Hillside Development Standards) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code and Chapter 17.06 to read as follows: DRAFT "Section 17.06.080 Hillside Development Standards. A. Purpose and'Intent. This Section is established to achieve the City's objective to facilitate and permit the orderly development of property within the HR-SM zone in the Santa Margarita Area Annexation through a set of hillside development standards aimed a protecting the public health, safety and welfare; protecting and preserving natural and biological resources for long-term benefit of the City and the broader community, recognizing the inherent value in the properties subject to the HR-SM Zone; allowing size, type, location, density, and intensity of development based on available infrastructure; the geographic steepness of terrain, presence of unique geographic conditions and constraints; and presence of environmentally sensitive areas; and optimizing the use of sensitive site design, grading, landscape architecture, and architecture, all to achieve the City's objectives. Specific regulations and standards address the following City objectives: 1. To protect the value of the community and the subject property of ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, archaeological/historical, and scenic resources. 2. To preserve the visual and aesthetic quality of hillsides as viewed from the surrounding community. 3. To promote and encourage a variety of high quality, alternative architectural and energy efficient development designs and concepts appropriate for hillside areas. 4. To preserve the public health, safety, and welfare and specifically protect the public and property from hazards such as seismic, geologic, and fire. B. Applicability and Permit Required. This Section applies to all properties within the Santa Margarita Area Annexation that are located within the HR-SM Zoning District. In addition to any other permit or approval required by this Code, any person proposing to subdivide, grade, erect, or construct into, over, or on top of property within the HR-SM Zoning Districts shall first obtain a land use entitlement through the approval of a Hillside Development Permit pursuant to Section 17.04.060 to ensure compliance with this Section. DRAFT C. Definitions. The following terms shall have the following meanings for purposes of this Section: 1. Accessory Facilities: Buildings, structures, roads, driveways, walls or fences incidental to permitted, or conditionally permitted, use. 2. Disturb: Alter the natural surface of the land or the natural vegetation by any means, including, but not limited to, grading, clearing, brushing, grubbing, or landscaping. 3. Graded Slope: All the faces of a graded slope, from the toe of the slope to the top of the slope, whether the faces are covered by natural vegetation, riprap, retaining walls or other material. 4. Hill. A well-defined natural elevation that extends above surrounding terrain. 5. Hillside: The side or slope of a hill. 6. Hillside Development Permit: An entitlement based upon an application which includes all required submittal documents that comprehensively evaluated to determine its impacts on neighboring property and the community as a whole, from the standpoint of the site, landscape design, architecture, materials, colors, lighting, signs, in accordance with the applicable development standards for the zone, as well as the Hillside Development Standards. 7. Hillside Development Standards: The Hillside Development Standards approved by the City Council of the City of Temecula as now exist and as may from time to time be amended. 8. MSHCP. The Western Riverside County Multi-Species Habitat Conservation Plan as adopted by the City Council of the City of Temecula on December 16, 2003. 9. Peak: The summit of a hill. 10. Restoration: The process of repairing a disturbed site to replicate its natural condition. 11. Ridgeline: A line connecting the highest elevation points of a ridge, running center and parallel to the long axis of the ridge. 12. Site: The parcel on which development is proposed. DRAFT 13. Slope Analysis: An analysis prepared by a California licensed land surveyor or civil engineer based on a topographic map with contour intervals not exceeding 10 feet. D. Exemptions from Hillside Development Permit. 1. The following are exempt from the provisions of this Section: (a) Any development proposal calling for the construction of a structure in a ridgeline area having received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of the Ordinance shall be exempt; however, the requirements of the Ordinance shall be applied if an extension of time is requested. (b) Open space projects and regional or community trails on City of Temecula owned property. (c) City or other governmental projects that receive approval by the City Council of the City of Temecula. E. -Environmental Assessment Required. A Hillside Development Permit processed under this Section shall be a "project" for purposes of the California Environmental Quality Act. F. Application Requirements. In addition to the application requirements of Section 17.03.030 of the Development Code, all of the following shall be submitted with a Hillside Development Permit application in the HR-SM Zoning District. 1. A site plan drawn to scale by a California licensed land surveyor or registered civil engineer, showing the location of all existing peaks, ridge lines, hills, hillsides and other significant landforms including rock outcroppings, all areas within two hundred (200) feet of a peak or ridge line, the location of all existing watercourses, the location of all existing vegetation including oak trees and the type and quantity thereof, the location of all existing and proposed agricultural areas, the location of all existing and proposed dwellings and the location of all existing and proposed accessory facilities. 2. A grading plan, including a blasting permit, if necessary, subject to the requirements of Title 18 of the Temecula Municipal Code 3. A topographic map of the site, drawn to scale by a California licensed land surveyor or civil engineer, showing all the items referenced in paragraph 1 above. The scale on the topographic DRAFT map shall be no smaller than one (1) inch equals two hundred (200) feet with contour intervals not exceeding ten (10) feet. 4. A slope analysis of the site showing the following slope categories: 0-15% grade, 16-20% grade, 21-25% grade and over 25% grade prepared by a Licensed Land Surveyor or a Registered Engineer. 5. Underground utility plan. 6. A biological report for the site addressing the topics enumerated in Section (conservation required) of this ordinance. 7. A Cultural Resources Assessment prepared by a qualified by archaeologist. 8. Photographs of the portion(s) of the site that would be disturbed taken from each corner of the site and from all vantage points deemed appropriate by the Director of Planning. 9. A proposed land disturbance plan showing and describing the portion(s) of the site that would be disturbed, and the nature and extent of the disturbance. 10. A proposed erosion and sedimentation control plan showing and describing interim and ultimate erosion and sedimentation control measures. 11. A proposed landscape and habitat restoration plan, including a restoration time schedule, showing and describing how the site would be landscaped and repaired and how the natural conditions of the site would be replicated. A qualified biologist shall prepare the habitat restoration plan. 12. A proposed architectural plan showing how primary and accessory structures would be constructed. 13. A proposed exterior lighting plan showing how primary and accessory structures, and landscaping would be illuminated. 14. A line of sight analysis, visual analysis, geologic study or any other requirement deemed appropriate by the Planning Director. 15. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006. DRAFT G. Development Standards. The following development standards shall apply in the Hillside Residential-Santa Margarita (HR-SM) Zone whenever a Hillside Development Permit is required by this Section: 1. Height. (a) No dwelling, building or structure shall have more than two (2) stories. (b) On a level building pad, the maximum height of a dwelling, building or structure shall be thirty (30) feet measured from the foundation. (c) On a terraced building pad, the maximum height of a dwelling, building or structure shall be forty (40) feet measured from the lowest finished floor level, excluding any basement areas. 2. Lot Area. (a) The minimum lot size shall be ten (10) acres in the HR-SM zone. (b) Development in accordance with this Section may occur on a lot smaller than ten (10) acres in the HR-SM zone if the lot was legally created or previously existed on the effective date of this Ordinance, but no further subdivision of such a lot shall be allowed. 3. Land Disturbance. Land disturbance shall conform in all respects with the land disturbance plan approved by the Director of Planning. A land disturbance plan shall, at a minimum, meet the following requirements, but meeting these requirements does not guarantee approval of the plan. (a) Areas situated within two hundred (200) feet of a peak or ridgeline shall not be disturbed. (b) Natural slopes having a twenty-five (25) percent or greater grade shall not be disturbed. (c) The horizontal distance between a natural or graded slope and a roof, or portion thereof, shall not be less than twenty (20) feet. DRAFT (d) The vertical distance of a graded slope shall not exceed fifteen (15) feet from the toe of the slope to the top of the graded slope, unless a five (5) foot bench is placed between two (2) graded slopes and the bench is planted with vegetation similar to that growing on the portion(s) of the site that have not been disturbed. (e) The maximum height of a graded slope, including required benching, shall not exceed thirty (30) feet. (f) The use of blasting for road construction or pad grading shall be strongly discouraged and alternate construction techniques shall be used if feasible. Site disturbance and grading shall be kept to a minimum. (g) Land disturbance shall not exceed the following limitations: Land Disturbance Limitations Table HR-SM Zoning District Parcel/Lot Size Maximum Area That May Be Disturbed 10 net acres or greater 40,000 square feet Less than 10 acres 10% of the lot area (h) Land disturbance shall conform in all respects with the erosion and sedimentation control plan approved by the Director of Planning or Public Works. 4. Landscaping and Restoration. Landscaping and restoration shall conform in all respects with the landscaping and restoration plan approved by the Director of Planning. A landscaping and restoration plan shall be accompanied by a cash deposit equal to the cost of the re- vegetating all disturbed areas. The restoration plan shall be prepared by a biologist with expertise in habitat restoration. The Director of Planning shall retain this deposit until he/she is satisfied that re-vegetation has been successful, but in no event shall the Director of Planning retain the deposit for more than five (5) years. Within the five (5) year period, the Director shall have the authority to use the deposit to complete the required re-vegetation. 5. Architecture. Dwellings and accessory facilities shall conform in all respects with the architectural plan approved by the Planning Commission. DRAFT 6. Exterior Lighting. Exterior lighting shall conform in all respects with the exterior lighting plan approved by the Director of Planning. An exterior lighting plan shall, at a minimum, meet the following requirements, but meeting these requirements does not guarantee approval of the plan: (a) Lights shall not be located on the portion(s) of the site that have not been disturbed. (b) Lights shall not be located closer than ten (10) feet from any property line. (c) Lights shall be fully shielded and directed away from areas deemed inappropriate by the Director of Planning. (d) Walls and other architectural elements shall not be lighted for decorative purposes. (e) Tennis and other sport courts shall not be lighted for any purposes. (f) The maximum lighting intensity of the site shall not exceed 250 lumens when measured at any property line. 7. Energy Efficient Standards. Energy efficient standards shall be incorporated during the construction and operational phase of any structure permitted under this Section. (a) Construction of any structure for human habitation permitted under a Hillside Development Plan shall be required to exceed Title 24 standards by a minimum of 10 percent. (b) All structures for human habitation shall incorporate sealed duct systems. (c) All structures for shall incorporate fluorescent lighting where practical. (d) "Energy Star" appliances shall be installed in all structures where applicable. (e) All structures for human habitation shall incorporate high- albedo roofing. DRAFT (f) All structures for human habitation shall incorporate dual pained glass windows (g) All residential structures shall incorporate at least two of the following features to obtain a final building inspection. (1) Spectrally selective or Low-E glass on all windows and doors. (2) Enhanced insulation which exceeds Title 24 standards by at least 15 percent. (3) A landscape design that utilizes trees or other vegetation to shade the structures sidewalks, patios, and driveways. (4) Solar water heaters. (5) Photovoltaic systems to supply at a minimum 80% of the normal power needs of the structures proposed and existing based on an annual average. 8. Green Building. All residential structures will be required to incorporate one of the following features in order to obtain a final building inspection. (a) Engineered and certified wood, which is harvested in a sustainable manner. (b) Tankless water heaters. (c) Cellulose attic insulation made from recycled materials. (d) Floor coverings made from recycled or sustainable materials. 9. Environmental Protection. Projects within the HR-SM zoning district shall comply with all applicable mitigation measures adopted in conjunction with the pre- zoning and annexation of the property to the City. H. Hillside Design Standards. In deciding whether to approve a Hillside Development Permit as required by this article and any subordinate land disturbance plan, erosion and sedimentation control plan, landscaping and restoration plan, architectural plan or exterior lighting plan, the Director of Planning shall certify that the DRAFT plan complies with this Ordinance and the Hillside Design Standards. Applicants are strongly advised to consider the Hillside Design Standards in formulating the above-referenced plans. I. Relief from Development Standards. Notwithstanding the specific requirements set forth in this Section 17.06.080 above, relief from the development standards may be granted concurrently with the processing of a Hillside Development Permit in accordance with the following procedure: 1. An applicant may file an application for relief from certain development standards with the Planning Department. The application shall be filed on forms and submitted with information as required by the Department. 2. Applications for an relief from development standards shall be submitted to the Planning Department and shall be accompanied by the submittal requirements of Sections F and G of this Ordinance, and the following: (a) Fees in accordance with the most recently adopted fee schedule. (b) In certain cases, the Directors of Planning, Building and Safety, or Public Works may require the project applicant to provide additional studies, including but not limited to, geological studies and or a visual analysis of the project design either through a project simulation using computer aided three-dimensional modeling coordinated with photography showing before and after conditions or a scaled three-dimensional model showing before and after conditions. 3. The Planning Commission may approve relief from the requirements of Section (G of this Chapter) if: (a) The applicant demonstrates that the proposed alternative complies with and, furthers the intent of this ordinance. (b) The applicant demonstrates that the proposed alternative provides a design solution that is equivalent to or better than the standards prescribed in this ordinance for quality, effectiveness, durability, and safety. 4. The relief from development standards shall be heard at a public hearing of the Planning Commission. J. Conservation Required. DRAFT Any project for which a Hillside Development Permit is required by this Section shall be designed to protect wildlife habitat areas, biological corridors, native plants and plant communities, and where practicable, support interconnected, contiguous, and integrated open space systems within an area, particularly when located contiguous to open space preserve areas. A Hillside Development Permit shall be in compliance with the MSHCP. K. Hillside Cluster Development Option. 1. The purpose of the hillside cluster development option is to provide: (a) Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites possessing unique or severe topographic or hydrologic features and biological resources; (b) Protection of natural, historic and man-made elements of scenic, environmental or cultural significance; (c) Design innovation; ,(d) Flexibility of siting of structures and roadways; (e) More cost effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services; (f) Additional open space for private or community purposes; (g) A preferred planning tool for the development of land within the HR-SM zone. 2. Definitions. Cluster Open Space: Open space, either natural or functional, provided to compensate for lot size reductions from minimum lot size area requirements in the applicable zone. Public Open Space: Open space owned by a public agency, such as the City of Temecula, or the Western Riverside County Regional Conservation Authority and maintained for scientific and biological values or in furtherance of the goals of the Western Riverside County Multi Species Habitat Conservation Plan. DRAFT Scope: The cluster development option is permitted in the HR-SM Zoning District. 3. Planned Development Overlay Required. Proposed cluster developments must be processed pursuant to the requirements of the Planned Development Overlay District as set forth in Section 17.22 of the Development Code. 4. Development Standards. (a) Minimum Site Area: None in the HR Zoning District. (b) Overall Density: Greater than 10 acres per dwelling unit in the HR Zoning District. (c) Minimum Lot Area Per Dwelling Unit. No minimum lot size, as may be approved by the Hillside Development Plan. (d) Minimum Set Back Requirements: As may be approved by the Hillside Development Plan. (e) Minimum Distance Between Buildings: As may be approved by the Hillside Development Plan. (f) Utilities: Utilities shall be located within the development portion of the site wherever possible to reduce the future impact of maintenance and repair activities on cluster open space. (g) Excess cut and fill material shall be disposed of in accordance with the Title 18 of the Temecula Municipal Code. (h) Roads: All streets and highways must have horizontal and vertical alignments consistent with an approved design speed, and roadway geometrics consistent with an approved design vehicle, as specified in (the City of Temecula road design manual). (i) Landscaping: In accordance with subsection GA of this Section and section 17.32 of the Temecula Municipal Code. Q) Exterior Lighting: Any exterior lighting shall conform to subsection G.6 of this Section. (k) Environmental Protection: Cluster developments within the HR-SM district shall comply with all applicable mitigation DRAFT measures adopted in conjunction with the pre-zoning annexation of the property to the City. 5. Open Space Requirements. (a) Cluster Open Space Requirements: Cluster open space shall be designed to save as much as the natural open space feasible, but in no case shall the open space be less than 90 percent of the gross site area. (b) Cluster open space ownership and control shall be only: (1) As part of and individual, private lot with recorded open space covenants running with the land; (2) By the City of Temecula, as legally dedicated to and approved by the City Council; (3) By the Western Riverside County Resource Conservation Authority; (4) By a qualified nonprofit conservation organization as deemed acceptable by the City. (c) Cluster open space shall not include public or private streets, driveways, parking areas, channelized drainage ways, and disturbed, unvegetated areas." Section 8. A new subsection D is hereby added to Section 17.14.020 of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of Section 17.14.020 remaining unchanged: "D. Conservation-Santa Margarita District (OS-C-SM). The conservation zoning district is intended for those lands within the Santa Margarita Area Annexation boundaries that are in public or quasi-public ownership for open space purposes that should remain in a natural state as much as feasible without intrusions from active uses. Improvements may be made to these areas to allow for safe limited public access or for control of erosion, geologic stability, or other public safety or utility purposes. The construction of buildings or other structures is not permitted except for flood control structures or public utility facilities, which may be permitted with the approval of a conditional use permit." Section 9. A new column entitled "OS-C-SM" immediately following the column entitled "OS-C" is hereby added to Table 17.14.030 (Schedule of Permitted Uses-Open Space) of Section 17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula DRAFT Municipal Code to read as follows, with all other portions of the table remaining unchanged: 17.14.030 USE REGULATIONS. The primary uses permitted in the open space zoning districts is indicated in Table 17.14.030. Table 17.14.030 Schedule of Permitted Uses - Open Space Schedule of Uses "OS-C-SM Agricultural uses - Athletic field - Bicycle paths - Campground - Caretakers quarters - Cemeteries, mausoleums and related uses - Flood control structures C Game courts, badminton, tennis, racquetball Golf driving range not part of a golf course Golf course and clubhouse - Golf course resort (including accessory visitor supporting - accommodations and commercial uses such as hotels, fractional ownership units, day spa, restaurants, and conference center.) Government and public utility facilities C Gymnasium Communications and microwave installations' Nature centers/exhibits - Nurseries - Outdoor exhibits - Picnic group facilities - Private parks and recreation facilities - Parking areas - Public parks and recreation facilities - DRAFT Recreational vehicle park - Riding stable, public or private - Shooting galleries, ranges, archery courses - Single-family dwellings (1 unit per 40 acres) - Tree farms Note: All development subject to the standards set forth in Section 17.06.080. Section 10. A new column entitled "OS-C-SM" immediately following the column entitled "OS-C" is hereby added to Section 17.14.040 (Development Standards) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: 17.14.040 DEVELOPMENT STANDARDS. The development standards for the open space zoning districts are as indicated on Table 17.14.040. Table 17.14.040 Open.Space Development Standards - Open Space Development Standards "OS-C-SM Minimum lot size - Maximum lot coverage • • • - Maximum height • . • - Floor area ratio • • • - Setback from street RNV line • • • - Setback from adjoining property lines • • • - Minimum open space • • • 100%" Section 11. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 12. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. DRAFT Section 13. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, 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. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DRAFT EXHIBIT C CC ORDINANCE - PRE-ZONING AMENDMENT DRAFT ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE SANTA MARGARITA AREA ANNEXATION PRE-ZONING APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) WITH ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-SM) AND CONSERVATION DISTRICT-SANTA MARGARITA (OS-C- SM) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council directed staff to initiate a feasibility study of an Annexation and Sphere of Influence Expansion of approximately 4,600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of San Diego County (the "Santa Margarita Area Annexation"). B. On March 6, 2007, the City of Temecula City Council adopted Resolution No. 07-23 to initiate proceedings for the Santa Margarita Area Annexation. C. On August 1, 2007, the City of Temecula initiated Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary (collectively the "Amendment'). D. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. E. A Draft Environmental Impact Report ("EIR") was prepared for the.project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. DRAFT F. The Planning Commission, at a regular meeting, considered the Project and environmental review on November 19, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Amendment the Planning Commission adopted Resolution No. 08- recommending that the City Council certify the EIR prepared for the Santa Margarita Area Annexation, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Amendment. H. At the conclusion of the Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 08- recommending that the City Council approve the Project, including the Pre-Zoning. 1. On [INSERT DATE], the City Council of the City of Temecula considered the project and the Final EIR, at a duly noticed public hearing as prescribed by law, and certified the Final EIR prepared for the Santa Margarita Area Annexation, adopted Findings pursuant to CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program. J. On [INSERT DATE], the City Council of the City of Temecula held a duly noticed public hearing on the proposed Pre-Zone and Zoning Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. Section 2. Legislative Findings. The City Council in approving the Pre- Zoning, hereby finds, determines and declares that: A. The Proposed Amendment implements the direction, goals and policies of the City's General Plan. The proposed Pre-Zone implements the proposed and existing General Plan Land Use Designations, which ultimately implements the direction, goals and policies outlined within the City of Temecula General Plan. The Pre-Zone applies Zoning Districts within the Development Code to match the boundaries of the proposed General Plan Land Use Designations for the Santa Margarita Area Annexation. The Santa Margarita Area Annexation encompasses approximately 4,997 acres of which 4,284 acres propose Conservation-Santa Margarita (OS-C- SM) as the Zoning District to implement the Open Space (OS) General Plan Land Use Designation and 713 acres propose Hillside Residential-Santa DRAFT Margarita (HR-SM) as the Zoning District to implement the Hillside Residential (HR) General Plan Land Use Designation. The proposed Pre-Zoning for the Santa Margarita Area Annexation are consistent with goals, policies and implementation programs as outlined in the adopted City of Temecula General Plan including, but not limited to, the General Plan Land Use Policies identified within Table 3.4-3 of the EIR and the General Plan Goals, Policies and Implementation Programs as follows: -The Open Space Element (Water Resources Pages OS-23 and OS-24) calls for the protection of the Santa Margarita River from development impacts supported by Goal OS-2, Policies 2.1 and 2.9. -The Open Space Element (Biological Resources Pages OS-25 and OS- 26) emphasizes permanent dedication of open spaces in and around the community aimed to conserve resources of significance and safeguard viable ecological connections between significant natural areas supported by Goal OS- 3, Policies 3.1-3.7 (Policy 3.7 specifically indicates the City's policy to maintain and enhance the resources of the Santa Margarita River to ensure the long term viability of the habitat, wildlife and wildlife movement corridors). -The Open Space Element (Open Space Page OS-26 through Page OS- 28) recognizes that topographical features such as the western escarpment and southern ridgelines, as well as natural drainage courses and states that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, supported by Goal OS-5, Policies 5.1-5.3, and 5.8. -The Open Space Implementation Programs of the City of Temecula General Plan including OS-9; OS-10; OS-11; OS-12; OS-13; OS-14, OS-19; OS- 20, OS-21; OS-22; OS-25; OS-33; OS-34; OS-35. -The Land Use Element (Natural Resources and Community Aesthetics Page LU-47) indicates the importance of hillsides, which form an aesthetic backdrop for the community, and is supported by Goal LU-6, Policies 6.1, 6.3 and 6.4. -The Land Use Implementation Programs of the City of Temecula General Plan including LU-14; LU-18, LU-20; and LU-21. The propose Hillside Development Standards specifically address LU-19 which states, "Promote preservation of hillsides surrounding the community through the following actions: (1) Enforce hillside grading standards to naturalize the effects of grading; (2) Require the preservation of unique natural features; (3) Encourage a broad range of architectural and site planning solutions; and (4) Develop hillside development standards that consider site constraints in determining location, type and intensities of new development along the western escarpment and other surrounding hillside areas. DRAFT The Zoning is contingent upon the ultimate approval by LAFCO approved. ff approved, the proposed amendment will establish the framework to ensure development within the project area implements the directions, goals and policies related to the protection and preservation of natural and sensitive resources, habitat and the hillsides area as outlined within the City of Temecula General Plan. The General Plan Policies referenced herein are hereby incorporated into this Resolution by reference as if set forth in full. B. The proposed Amendment protects the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties. The proposed zoning and development standards would protect the research value of the Santa Margarita Ecological Reserve ("SMER') by prohibiting incompatible land uses within adjacent properties. The majority of the project area is undisturbed and is in a pristine natural area, of which approximately 85% of the Santa Margarita Area Annexation boundary has been conserved as part of the SMER. Section 3. Pre-Zoning. A. The property as shown on Exhibit 1, and described in Exhibit 2, is hereby pre-zoned Hillside Residential - Santa Margarita (HR-SM), which shall become the zoning upon annexation of the property to the City. B. The property as shown on Exhibit 3 and described in Exhibit 4, is hereby pre-zoned Open-Space Conservation Santa Margarita (OC-C-SM), which shall become the zoning upon annexation of the property to the City. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, but will not become effective unless and until the Annexation of the Santa Margarita Area Annexation is approved by the Riverside County Local Agency Formation Commission. Section 6. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. DRAFT PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, 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. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Santa Margarita Area Annexaton ` x \ r i T 71 L psi r---- HRSM X X c - IN HRSM x -~-7~ xHR-SM x x ^ x -I x x x x x x x x x x nivasiea County Fp vxwxwurra 'A,p~ r San 0knio County z g g ~v a 0 ON WSr " H mvcxerx taxan f ul a04ap G ~y OSiH M PWANDI ON o 0 x~ Ck~ City of Temecula - Santa Margarita Area Annexation oarynrmw,ri.ca.w.mu~m ,yam Exhibit 1 Zoning 0 °m"'""' rey aOOn Pre-Zoning Amendment n SaM+tvns Rre"M ""s Properties with HRSM Zoning Designation Exhibit 2 Assessor Parcel Numbers with Pre-zoning Designation of Hillside Residential-Santa Margarita District (HR-SM) 918090016 918090001 918090039 918100004 918090012 918090006 918090036 918100007 918090026 918090005 918090031 918100006 918090028 918090017 918060022 918090008 918090011 918120044 918060021 918090021 918090024 918090023 918080008 918090013 918060013 918090019 918090043 918090007 918100003 918090010 918060010 918110001 918090002 918100005 918060009 918060008 918090003 918090014 918090033 918090034 918090004 918100008 918090042 918090040 918090025 918090018 918130031 918090037 918110002 918090027 918110028 918090030 918100001 918090009 918100002 918090038 918100012 918090032 918090015 918090035 918090020 918130043 918090029 918060011 918090022 918060023 918080009 918060024 v Santa Margarita Area Annexation i l_, _ 7 v _ 1 \ J ppM1 r I ~ _ x v I ` i m i i I` \ ^!'w ~ .~Mw w ~ M ~~.~~rY'~i~ AMA ✓.~•~N- _MS • A w w trw w✓:'Liw~i.~. w L w ~ . w ~ ~ ~ I -'--I P n .Jde County \Pr V1a1NNpp/ya F,p San Diego County OiS °V''EaEEr Tn LIxKalr Ntn w S n NStnIIF~Lp M! E urn, 3 JN'~ ~i' LFRS ay o}' 4 ~O 12 p~~ 2 5 ' Lya n ~ 3 Ro ~ d awNn,nre.a.rawan City of Temecula - Santa Margarita Area Annexation -ae..n `mod Exhibit 3 a, Me5~ MM' aeAreaann-aon Pre-Zoning Amendment 0ac M Properties with OS-C-SM Zoning Designation Exhibit 4 Assessor Parcel Numbers with Pre-zoning Designation of Conservation-Santa Margarita District (OS-C-SM) 940250002 918070014 940260005 940250003 918070011 940260002 940260003 918050009 940260004 940280006 918070019 918060018 940250006 918080011 918040011 918060014 918050003 918050008 918080007 918080010 918060019 918050006 918050002 918050001 918060007 918070012 918070018 918040003 918070008 918080001 918060001 918050005 918080003 918040004 918060017 918050007 918060020 918060015 918060002 918060003 918080002 918050004 918060006 918040012 918080006 918060016 918060004 940260001 DRAFT EXHIBIT D CC RESOLUTION - LAFCO SPHERE OF INFLUENCE DRAFT RESOLUTION NO. 08- RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS TO EXTEND THE CITY OF TEMECULA'S SPHERE OF INFLUENCE TO THE TERRITORY DESCRIBED AS THE SANTA MARGARITA SPHERE EXPANSION AREA COMPRISED OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE- EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE-15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT (PA07-0225). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council directed staff to study the feasibility of a Sphere of Influence expansion and annexation of approximately 4600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of the San Diego County (the "Santa Margarita Area Annexation"). B. On August 1, 2007, the City of Temecula initiated Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary (collectively, the "Project"). A legal description of the proposed Sphere of Influence expansion and proposed Santa Margarita Area Annexation is attached hereto as Exhibit A and incorporated herein by reference. C. A Draft Environmental Impact Report ("EIR") was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental DRAFT Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. D. The Planning Commission, considered the Draft Environmental Impact Report for the Project at a duly noticed public hearing on November 19, 2008, at which time the City staff and interested persons had an opportunity to and did testify concerning the Draft EIR and the proposed Project. E. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project and the Draft EIR, the Planning Commission adopted Resolution No. 08- recommending that the City Council certify a Final EIR for the Project dated September 22, 2008, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. F. At the conclusion of the Commission hearing and after due consideration of the entire record of information received atthe Planning Commission hearing and afterdue consideration of the testimony of the proposed Project, the Planning Commission adopted Resolution No. 08- recommending that the City Council (1) approve a Resolution amending the General Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS) as the General Plan Land Use Designations within the Santa Margarita Area Annexation; (2) approve a Pre-Zoning Ordinance for the pre-zoning of the Santa Margarita Area Annexation; and (3) approve a Zoning Ordinance Amendment amending Title 17 of the Temecula Municipal Code and amending the official zoning map of the City of Temecula by adopting zoning designations Hillside Residential-Santa Margarita (HR- SM) and Conservation District-Santa Margarita (OS-C-SM) and adopting Hillside Development Standards. G. On [INSERT DATE] the City Council of the City of Temecula held a duly noticed public hearing to consider the proposed Project and the proposed Final EIR, at which time all persons interested in the proposed Final EIR, proposed General Plan Amendment, Pre-Zoning Ordinance, and Zoning Amendment, as well as the proposed Sphere Expansion and proposed Santa Margarita Annexation, had the opportunity to comment on and testify about the proposed Final EIR and proposed Project. After considering all the testimony and comments and the entire record concerning the Project and the proposed Final EIR, the City Council certified the Final EIR prepared for the Project, adopted Findings pursuant to the CEQA, adopted a Statement-of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program pursuant to CEQA. H. At this same hearing, the City Council of the City of Temecula considered the proposed General Plan Amendment, Pre-Zoning Ordinance, and Zoning Code Amendment, and all the comments and testimony thereon and the entire record concerning the Project, and the City Council adopted Resolution No. _adopting the General Plan Amendment and gave the first reading of the Pre-Zoning Ordinance No. _ and Zoning DRAFT Code Amendment Ordinance No. On [INSERT DATE] the City held the second readings of and adopted Pre-Zoning Ordinance No. and Zoning Code Amendment No. 1. On [INSERT DATE], the City met with the County to discuss the proposed Sphere of Influence expansion [STATE OUTCOME OF MEETING]. J. On [INSERT DATE] the City gave notice to LAFCO that the Planning Commission would be considering the proposed Sphere of Influence expansion on [INSERT DATE] and that the City Council would hold a hearing to consider the proposed Sphere of Influence expansion on a subsequent date, and on [INSERT DATE], the City gave notice to LAFCO that it would be considering adoption of a proposed resolution requesting that LAFCO consider its application to expand its Sphere of Influence as described above and shown in the map referenced above. K. After considering all the information in the record and the testimony at the public hearing, the City Council determined that it wished to pursue the proposed Sphere of Influence expansion for the following reasons: (1) The Santa Margarita Ecological Reserve is now partially within the City's Sphere of Influence and the City believes the entire Reserve should be located within the City's Sphere of Influence. Placing the entire Reserve and some surrounding areas in the City's Sphere of Influence would facilitate annexation of the entire Reserve and surrounding areas to the City. This would allow the City to ensure the protection and preservation of the Reserve and ensure that development in the surrounding areas does not occur in a manner that is incompatible with the Reserve; (2) To protect and preserve the Santa Margarita Ecological Reserve as Open Space and an educational resource and protect and preserve the Santa Margarita River; (3) To protect the biological resources located within the Annexation Area. 181 animal species and an additional 331 plant species have been documented and observed within the Santa Margarita Ecological Reserve including 20 sensitive species identified by the Department of Fish and Game as occurring within or in proximity to the proposed Annexation Area. Section 2. The City Council of the City of Temecula hereby requests the Local Agency Formation Commission to take all proceedings necessary for Sphere of Influence expansion to include the entire Santa Margarita Reserve and the surrounding areas as described above and shown in Exhibit A and directs the City Manager to file this Resolution and any necessary application documents with LAFCO. DRAFT PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DRAFT EXHIBIT A DESCRIPTION OF SANTA MARGARITA PROPOSED SPHERE OF INFLUENCE EXPANSION AREA AND ANNEXATION AREA EXHIBIT "A" AMENDMENT TO THE CITY OF TEMECULA SPHERE OF INFLUENCE (AMENDED LAFCO NO. XX-XX-X LEGAL DESCRIPTION THAT CERTAIN PARCEL OF LAND LYING IN SECTIONS 23 THROUGH 28 INCLUSIVE AND SECTIONS 33 THROUGH 36 INCLUSIVE, TOWNSHIP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:. BEGINNING AT THE CENTERLINE INTERSECTION OF VIA GORRION AND CAMINO ESTRIBO- AS SHOWN BY PARCEL MAP NO. . 6835, ON FILE IN BOOK 29, PAGES 27 THROUGH 41 INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 73' 40' 4'6" EAST ALONG:; THE CENTERLINE 'OF SAID CAMINO ESTRIBO, A DISTANCE OF 282.62 FEET TO A POINT OF INTERSECTION WITH THE Q SOUTHWESTERLY BOUNDARY OF TEMECULA RANCHO AS SHOWN BY RECORD OF SURVEY FILED IN BOOK 56 PAGES 39 THROUGH 41 INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 39" 48' 32" EAST ALONG SAID SOUTHWESTERLY BOUNDARY LINE; A DISTANCE OF 1694.79 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT Q' :4 IN SECTION 24 AS SHOWN BY RECORD. OF SURVEY FILED IN BOOK 56 PAGES 39, THROUGH 41 INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; i THENCE SOUTH 00' 00' 00" ALONG THE EASTERLY LINE 'OF THE SOUTHWEST Q QUARTER OF SECTION 24, A DISTANCE OF 2731.93 FEET TO THE SOUTH 1/4 CORNER OF SECTION 24 PER SAID RECORD OF SURVEY; THENCE SOUTH 00' 19' 01" EAST ALONG THE CENTER SECTION LINE OF SECTION 25, A DISTANCE OF 2654.01 FEET TO THE CENTER OF SECTION 25; THENCE SOUTH 00' 02' 43" WEST ALONG THE CENTER SECTION LINE OF e SECTION 25, A DISTANCE OF 269775 FEET TO THE SOUTH 1 /4 CORNER OF SECTION :25; ® THENCE SOUTH 00" 24 22" WEST ALONG THE CENTER SECTION LINE OF SECTION 36, A DISTANCE OF 2658:144 FEET TO THE CENTER OF SECTION 36;. THENCE SOUTH 00' 23' 04" WEST ALONG SAID CENTER SECTION LINE OF SECTION 36, A DISTANCE OF 2646.09 FEET TO THE SOUTH 1/4 CORNER O THEREOF, ALSO BEING THE`SOUTHERLY LINE OF TOWNSHIP 8 SOUTH AS SHOWN BY CALIFORNIA DEPARTMENT OF TRANSPORTATION MONUMENTfITION 'MAP ON FILE IN THE OFFICE OF THE COUNT`( SURVEYOR OF SAID` COUNTY IN BOOK 205 PAGES 1,34 THROUGH 1,44 INCLUSIVE;; PAGE VOF 4 THENCE NORTH 88' 55' 36" WEST ALONG SAID TOWNSHIP LINE, A DISTANCE OF 2659.40 FEEL` TO THE SOUTHWEST CORNER` OF SAID SECTION 36;: THENCE NORTH 89' 55' 18" WEST ALONG SAID TOWNSHIP LINE AND THE SOUTHERLY LINE OF SECTION 35, A DISTANCE OF 5259.28 FEET TO THE Q SOUTHWEST CORNER OF SAID SECTION 35 AS SHOWN ON A RECORD OF SURVEY FILED IN PAGE 8832 OF RECORD OF SURVEY MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE NORTH 89' 59' 23" WEST ALONG SAID TOWNSHIP LINE AND SOUTHERLY 10 LINE OF SECTION 34, A DISTANCE OF 2741.-72 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 34; THENCE SOUTH 88' 59' 17" WEST ALONG SAID TOWNSHIP LINE AND SAID 11 SOUTHERLY LINE OF SECTION 34, A DISTANCE OF 2721.55 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE SOUTH 89' 40' 46" WEST ALONG SAID TOWNSHIP LINE AND SOUTHERLY LINE OF SECTION 33, A DISTANCE OF 270745 FEET TO THE :SOUTH I .CORNER OF SAID SECTION 33; THENCE NORTH 89' 27' 23" WEST ALONG SAID TOWNSHIP LINE AND SAID 13 SOUTHERLY LINE OF SECTION 33,,A DISTANCE OF 2694.63 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 33 THENCE NORTH 00' 16' 35" EAST ALONG THE WESTERLY LINE OF SAID SECTION 14 33, A DISTANCE OF 2637.86 FEET TO THE WEST 1/4 CORNER THEREOF, AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 10, PAGE 22, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 09 22' 47" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 15 1331.69 FEET TO THE SOUTHWEST CORNER OF THE 'NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE SOUTH 89' 50' 20" EAST ALONG THE SOUTHERLY -LINE OF THE NORfI 1fi 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 33, DISTANCE OF 2653:19 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1:/2 OF THE NORTHWEST °1/4: OF SAID SECTION; THENCE NORTH 00' 22' 10" WEST .AL.ONG THE CENTER SECTION LINE OF SN0 17 SECTION 33, A DISTANCE OF 1313:47 FEET TO THE NORTH" 1/4 CORNER THEREOF; THENCE NORTH 89' 26' 32" WEST -ALONG THE NORTHERLY LINE OF SAID 18 SECTION 33, A DISTANCE OF 2636:01 FEET TO` THE. NORTHWEST CORNER' THEREOF; THENCE NORTH 00' 29' S0" EAST ALONG THE WESTERLY 1JNE OF SECTION 28" A DISTANCE OF 1344.23 FEET TO THE SOUTHERLY BOUNDARY OF SANTA ROSA 19 RANCHO AS SHOWN ON RECORD OF SURVEY FILED IN BOOK- 56 PAGE 39 THROUGH 41, RECORDS OF RIVERSIDE COUNTY; PAGE 2>OF4 THENCE NORTH 67' 19' 58" EAST ALONG SAID SANTA ROSA RANCHO BOUNDARY 20 LINE, A DISTANCE OF 12997.33 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF LOT 92 PER SAID PARCEL MAP NO. 6835; THENCE SOUTH 00' 00' 20" EAST.A DISTANCE OF 999.86 FEET TO THE 21 SOUTHERLY BOUNDARY LINE OF THE METROPOLITAN' WATER DISTRICT EASEMENT PER INSTRUMENT NO. 109720 'RECORDED 12=13-1967, ALSO SHOWN ON SAID PARCEL MAP NO. 6835; THENCE NORTH 51' 51' 46" EAST ALONG- SAID SOUTHERLY EASEMENT LINE, A Q DISTANCE OF 815.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A; RADIUS OF 3100.00 FEET; Q THENCE ALONG SAID CURVE AND SAID EASEMENT 'NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 10' 25' 39", AN ARC LENGTH OF 564.18 FEET; THENCE NORTH 41' 26' 07" EAST ALONG SAID SOUTHERLY EASEMENT 'LINE. A 24 DISTANCE OF 333.94 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF CAMINO GAZAPO AS SHOWN ON SAID PARCEL MAP NO. 5835 THENCE SOUTH 06" 17' 41" EAST ALONG SAID CENTERLINE, A DISTANCE OF Q 37.87 FEET TO THE SOUTHERLY TERMINUS THEREOF; THENCE SOUTH 45' 00' 21" EAST, A DISTANCE OF 86:00 FEET TO THE SOUTHERLY BOUNDARY LINE OF`.SAID PARCEL MAP NO. 6835; THENCE NORTH 87' 14' 44" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 1138.19 FEET; THENCE NORTH 60' 47' 31" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A 28 DISTANCE OF 835.90 FEET; THENCE NORTH 76' 29' 23" EAST ALONG SAID SOUTHERLY 'BOUNDARY LINE, A Q DISTANCE OF 457.79 FEET TO THE SOUTHEAST CORNER OF LOT 97 PER SAID' PARCEL MAP NO. 6835; THENCE NORTH 07' 27' 46" EAST ALONG THE EASTERLY LINE OF' SAID LOT 97, 30 A DISTANCE OF 918.42 FEET TO THE SOUTHEASTERLY TERMINUS OP THE CENTERLINE OF CAMINO POTRO PER SAID PARCEL MAP N0..8835; THENCE NORTH 28' 00' 57" WEST .466.70 FEET ALONG SAID `CENTERLINE; TOM INTERSECTION WITH THE CENTERLINE OF CAMINO ESTRIBO, SAID INTERSECTION' Q BEING ON A NON-TANGENT CURVE 'CONCAVE' NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET, -A RADIAL LINE. THROUGH SAID POINT BEARS. NG1RT(T 28' 00' 57" WEST; THENCE ALONG SAID CURVE AND SAID GENTERU E OF CAMINO ESTRIBO 3© NORTHEASTERLY' THROUGH A CENTRAL ANGLE OF 15- 00' 28", AN ARC LENGTH OF 157.16 FEET; PAGE 3 Q r4 THENCE NORTH 46' 58' 35" EAST, A DISTANCE OF 714.57 FEET ALONG SAID 33 CENTERLINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE ALONG SAID CURVE AND SAID CENTERLINE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 26' 42' 11", AN ARC LENGTH OF 279.63 FEET; 35 THENCE NORTH 73' 40' 46" EAST, A DISTANCE OF 1.016.47: FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. AREA=4,429 ACRES, MORE OR LESS SEE ENCLOSED EXHIBIT W PREPARED BY ME OR UNDER MY SUPERVISION oFESSf 2 N0. 28159 KEVIN B. COZAD clv;~ 1< REGISTERED CIVIL ENGINEER NO. 2G159 X bF cxti EXPIRES: 3-31-08 PAGE *,OF 4 EXHIBIT °A" AMENDMENT TO THE CITY OFTEMECULA SPHERE OF INFLUENCE ) (AMENDED LAFCO NO. XX-XX X VICINITY AND; SHEET INDEX MAP f I, LEGEND ANNEXATION BOUNDARY - - EXISTING CITY BOUNDARY 4,429 ACRES MORE 'OR LESS 918001002 'ASSESSOR'S PARCEL NO. INDICATES EXISTING CITY OF SPHERE OF INFLUENCE pF TNf ~EN~E SP E'QF « r HEET2 1 SHEEE9 I S EE7 SHEET @.- SPHERE OF ~SM ` INfCUENCE - ANNEXATION _ BOUNDARY RNERSIPE COUNTY' SHEUI SHEET -TTsWTET5- SAN DIEGO COUNTY VICCNiTY MAP j Imo a as SHEET INDEX MAP Scale 1 12,000' - ' ~o4ROFES~&~o ` ~Sea1e t~' _ `6,00p' ANNEXATION TO CITY OF TEMEGUrJA z SPHERE OFINFLUENCE i-?8 m. ` No.4@159 .BEIt~t3APOjiTIl7NOFlANO.LYfNGIN'SECIONS 3/31/08 iAP1D'BEOTIONS 83 3@, T: 8 R 3 W, S W AND,. , i{L^,SOLYINd4' INA'PpRTtOIJOFTME'SA Af A aIY11. ~~r RANCHO.$ITUAYEDINTHEUNINGORPORATEO.. - FRIYERSIDE,STATE 1jF.ap CAL~F EFIHITOHYOF KEVIN B: CRAD DATE ToFCOaU REGSTERED uNr TYR6N CIVIL ENGINEER NO. 26159 LAFCO,NO:,XX-XXX SHEET t OF 10 EXPIRES: 3-31=08 EXHIBIT "A" AMENDMENT TO THE CITY OF TEMECULA SPHERE OF INFLUENCE (AMEN DED..,........ LAFCO NO. XX-)(X-X EXISTING SPHERE Zg C/L VIA GORRION OF INFLUENCE OF P1 P:O.B: 1 THE CITY OF C/L CAMINO ESTRI80 TEMECULA P PCj ` 940250002 2 440260004 O j NE CORNER OF CA CAMINO ESTRIBO ! \ T GOVT LOT 4 94026000~2,~~a, , 194p260005 / C/L CAMINO POTftO O'er 940250003) 9k - i NG~ 00W R. 56/39-41 gP W RASP / ®:s. 260001 PM 10814 = N(P / o f! P.M.B. 78. Voll Grp PAGES 5.-8' W moo. ~y ~ s1~a7oa14 W SECTION 24 91807.0019 T.8S, R_3W 1 916670011 I 918070012 1 918079018 1 940280008 1 3 SEC 24 26 25 ~j 9-18080002 I s180&oD03 918p8o0:tQ giBpgQO~,1 SEE SHEET 3' SEE SHEET 1 FOR LEGEND, SEE SHEET 10 FOR COURSE TABEE CO ZAD ATE REGISTERED CIVIL ENGINEER N(? 26153 ~q QgoF; CSa91' EXPIRES: 3-31-08 ANNEXATIONIOCITYOFTEMECULA. SPHERE OF INFLUENCE v m BEINOAPQRTIONOFLAND. ,LYWG INSECIONS 2a-28 w+ Na, 26159 i^ •ANO SECTIONS 33' 38 TB 9, R 3 W„SiB.M. AND Exp. ALSO LYING WITtIW A PORTION OFTHE S7INTA ROSH - RANCHO, SrrUATED IN THE UNINCORPORATED far TERRITDRYOF"THECOUNTY OFRIVERSIOE,STATE Se0I6 1' - 1,000' or OA A OFGAUFORNIA LAFCO NO. XX-XX-X SHEET 2 OF 10 EXHIBIT "A" AMENDMENT TO THE CITY OF TEMECULA SPHERE OF INFLUENCE (AMENDED. ) LAFCO-NO. XX-XX-X SEE SHEET 2 2-6-125-F I 918000008 i 1 < i I I 91.8080009 W. I r SECTION 25, T. 8-S 1 .3W' I. I C 1/4 - SEC 25 EXISnNG SPHERE -&mnUENtE rry.OFOF .918080010 TEA4ECULA 918080011 ,LN aQa .ice U .6 S 1 4 25 SEC 25 I - T T T- SEE SHEET 4 SEE SHEET 1 FOR LEGEND Sit SHEET 10 FOR COURSE TABLE K GO DATE' REGISTERED G1Y1G .ENGINEER Nb• 26159 ~RpFEsSi PIRES3 31 OS ttr4~, ! COI1d~YE`yc~ EX ANNEXATIONTOCITYOFTEMECULA SPHERE OF'INFLUEW v m BEINGA PORTION OF LANO LYING IN wp 8 2&-28 No..-26159 t^ AhIO SECTtON§ 33.86,'C..S S R. SW, &B IF1. AN0 ew- 3/31/68 * ALS9"Ci•WI'[HINA•PORTIONOFTHESANTAfiOS_it en taro.. tam - _ .@l C~~jS.. , , \r (3ANCt-10.,Stt11AYEY1 IN THE UNINC01iFOt1ATED ,TERRITOR,Y"OF THE COIR'ITY OF RIYERSI6E, STATE Scats 1' 1, 'OF ;CAt1~~~~ oFCAUr-ORk1A- 000 LAECO NO- XX XX SHEET 3 OF 10 EXHIBIT"A" AMENDMENT TO THE CITY OF TEMECULA SPHERE OF INFLUENCE, (AMENDED.:............ LAFCO NO. XX-XX=X SEE SHEET 1 FOR LEGEND SEE SHEET 3 SEE SHEET 10 FOR COURSE TABLE --26 25 918080010 918080011 1 --1 -T- T 35 36 1918090002 I 191e090007 9181goooll 9181000081 /918090003 I I918090008 918100002191181001307 1 918moool F----i 918098006, I---- -I-----I 918100012 1 918090004 1 1918090009 9181000031 918100008.) 19180900051 1 918090010 9181000041 918100005`1 918060007 1 ----1 I 918090011 1918090012 191MOD13 918090014 ~9181i0028 j 918090015 1918090016 1918090017 1 918890018 1 ( Q ht t8i1DW1 :918110002 1918090020 (918090021 1 918090022 I 1 W 918090019I ----I----I - - I' 1 I918090023191BD900241918090025 I I .!SEC's6 ~ Q 918090026 1918090027 1918090028 1 918090029 Q W s'ietzalas C1.~ L` I I I ` co 40. 918090030 i 918090031 918090032 i 918090033 918060018 ---4---- I -I---- 1XISTIPI6' SPHERE OF INFLUENCE OF 918090034 1918090035 1918090038;1918090037 .,918130043 THE CRY OF 1 I TEMECULA ----I---- 1---- F-=- 9180900381 1818090039 1018690040 1 9180911XI42- 9i8t30a31 35 36 1 1 i RI0SlDE G,OUNTY S.D.GO. R.O.S. 8832 SAN DIEGO GOUNTY SEC 36 _ :ZAD D TE REGISTERED GML ENGINEER N0: 2611.59 QROFt WIRES 3-31 08 0240 ;ANNEXATION TO CITY OF TEMECULA h; SPAERE CO INFLUENCE c~ ran BEING A PORTION OF LAND LYING IN SECIQNS 2; -'28 a Na-28169 ANDSECUONS33-08.T.-8S,W3W4S,B-M. N0 E> ~ ALSO L' p WI THINA'PORTIGNOFTHESANTAROSA m ,a_ wo - `rJ,~ ClYit •~e• AANckd.SriuATED1N-OiEimnN=W-'Q ATED TERFUTORYOF fHE,CO1Mtt OF RIYE11SIDE. STATE Scale 1" = 1.000' if OF CKL14 OFCau1FOANIA LAFCO NQ. XX XX-X ' SHEET,4 OF' 14 EXHIBIT "A" AMENDMENT TO THECITY OF TEMECULA SPHERE' OF INFLUENCE (AMENDED LAFCO NO. XX-XX-X 1 I t I 918060008 1 t 918060019 1 1 ~1809042kj 918060013 {---------1 I SECTION 35 1 918060009- 1 T.8S,' R.3W j j 800003d 918060014 i----- 1( 918064018 1 918060021 9180600.L0 I I 1 i 180904341 I 918060415 I 91806 0022 - 918060023 RAINBOW GLEN I RD: , 9, 009Q03L 34135 I- I 918060011 RIVERSIDE 916DS0024 I COUNTY 1 36. L LIJ @ S 1/4 s, sU Ld SEC= 35 S.01:00. R.0..5. 8832 W SAN DIEGO COQNT`Y W SEE SHEET 1 FOR LEGEND SEE SHEET 10 FOR COURSE TALE. EV , QOZAD DA! REGISTERED= GL 'ENGINEER NO. 26,15 ~ E C62~ ~ Fy EXPIRES: t~C~4 1 0$ ANN CITY OF TEIuIECULA T,ION TO y' c $P.,HEREOFINFLUENCE tti BEING ,A POFMON OF LAND; LYING IN SECIONs 23,2a Na -28159 : AND SEOTt(*6 W -46, T;S S, R.3 W, ,&13W AND *Exp: 3 31/08 * ALSOLYINGWRHIN-AFORTIONOFTFIESANT6AQS0. RANCHO„SITUATEDiNTHEUNtN RP.ORATED CIV11.~~ TENRITOFiYOF'CHEC,OUNfYOFf8F3514E,-STA'1'! 1rF9 C~L1F4~ ocAUFORNIA- Scale 1 11000; LAFCO 90.;XX-XX XSHEET 5 OF 10 EXHIBIT'"A" AMENDMENT T.O THE.CITK OF TEMECULA SPHERE OF INFLUENCE (AMENDED .................:j LAFCO NO. XX-XX-X 918060002 4-918060003 I l/ 918060001 -'1 / 918064019 (I t f' f SECTION 34 T.8S, R-3,-W' i L h I 918060017 j j sla0sool"s Lr) 3-3 34 w w -V I RIVERSIDE ' Ec4 C:OUNTIr 345 w-- E = M7 Ld S.D.CO. R.O.& 8832 W' 'SAN DIEGO 'GO:U.NTY LWL tlO; SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE REJV, RED GfVIL..ENGINEER NO: 26959 Q pF SS/pEXPIRES 3",1-1 -08 C4IA ANNEXAMON O'CI`1`IOFTE151ECG1LA - Ytii -SPFlERE qF INFLUENCES c~ ,m 861NQAPORTIONOFLAND~YINGIfd,~^EgON323-28 a NQ 36159 ANa#t&n0N6 as ;6' T.sS, R a W, s 8A1 AND E7~. 3f 31~OB ' A150 LYRj,Q RANCNO.W,(M,A POR710NOFtESAN_AR04A SITUATED INTHEUNWf.OHPORA7£U C1A 7 TERRITARY'QFTHE WUNTY'OFAIYEflS16E„S7A7E, -u Scale. 1' = 1+000: ~rf OF CAL~~~'' OFtlAtIFORNLA LAFCQ NO, XX XX=X ! SHEET.6 F 10 EXHIBIT "A" AMENDMENT TO THE CITY OF TEMECULA SPHERE OF INFLUENCE I (AMENDED,.. . . LAFGO`NO; XX XX-X SEE S'H EET 8" Q 9,18040003 &-N 1Jtfi I :SEC 33 \-N 1/16 SEC 33 918040,004 R.S. 10/22 SECTION 33 ~ W T.8S, R.3W Li w 1/4 SEC 33 I I: B W f U3 I f - L- t 1 1 9,.6040412 01804401:1 9:1.8060017 32 33 RIVERSIDEC 33 1 33 34 COUNTY 11 S.D.CO. R:O,S. 8832 SAN DIEGO COUNTY SEE SHEEP 1 FOR LEGEND SEE SHEET 11 FOR COURSE. TABLE: KEVIN B COZAD ATE R2EGISTERED CIVIL ENGINEER NO., 26159 Q4oFsro~,~ EXPIRES: 3-311 OS' ANNEXATION?OGITY'OFTEMEGULA SPHERE OF.INFLUENCE m 6E1N6A 1ORTIONOFLANO'LYIN4IN"SE01ON523-28 a Na~:26159 ANDSECi`IONS 93-;3$, T.'S S,R. 3W, 58.M. AND * ExP,3%31/06'.,_ At5OLl'1N6WIT11(NA'PORTIONOFTIIE:SAN't"A'ROSA - o - RANCHO, SrWATEO INTHE UNINCORPORATED 'P r 1Y1t lERRRORH-0F THE COUN FY OFIiMRSIDE STATE OP cA~►o'~; OF+cr+uhFORr~w Scdle T = 1,000` ;LAF.GONCa;XX=XX=X SNEET70K10 EXHIBIT "A" AMENDMENT TO THE CITY OF TEMECULA SPHERE OF INFLUENCE (AMENDED .................I LAFCO NO: XX-XX-X o _ wl~ SPA P~~ R S ~ R.-S, 56/319=41 0 SECTION 28 9160,50002 T. SS', R. 3 V LW W 918050001 I L.LJ 2g 8 N .1r4 2.8 27 cc /-,SEC 33 I 32 33 @ 33 34 I R.S. 10/22 Q 9;18040004 1 918040003 1 I 916660061. N',tf96 ~ SEC 33 ® C-N 1f 1B I SEC 33 L_.,,,, 1 SEE SHEET 7 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE; KEVIJN,:P.~~,QQZAD. " DATE REGISTERED-CIVIL. ENGINEER No. 26159 ~o QROf S 1- _ EXPIRES 3 31 06 ivy' ~0. x1©' F't ANNEXATION TO CITY OF TEMECULA y- `x= SPHEREOFINFLUENCE cs' ' M BEIIho Aft WngN Df LAND La9Nq IN SECIONS m- 28 K No. 2$159 AND SECTIONS 33" 86, T.' 6S, R..3 W, S'.B WAND FN 3/31 08 At:30 LYINO WITkiIN A PORTION 'nie SANTA Rom RANCHO. SRUATEO'IO THE UNINCORPORATED C1.V.►L TERR{TORY'OFTHECOUNIYOF-RNERSIDE,STATE Scale 1' = 1,000' ~fif oa :e1,1 tf~~a tl .CAl 1FORNIA `LAFCO NO: XX:XX X SHEET 8 OF 10 EXHIBIT "A" AMENDMENT TO THE CITY OF TEMECULA SPHERE OF INFLUENCE (AMENDED. I IAFCO NO. XVXX-X 6`~3 P PG`S GfL CAMINO GAZAPO 00 P RPNO-~Lg 918070008 I i W SPN~R R 5 ® 2 2 3 9402eao06 f W 1-- 26 w P. 918070008 - uj I s180560os slsoaooo R.S. 5639-41 i W I W __--------------------i_ W - i t 918050004 'SECTION 26 SECTION 27 T. 85, R. 3W T.8S,1 R.3W - - _ _ - - I 918050005 918080006 910050002 I 918050005 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE ATE KEVIN . B. COZAD REGISTERED CNIL ENGINEER 'NO:. 2&959 QROFESSipN EXPIRES 3-31 O& , ~S' COI10 ANNEXATIONMCITYOFTEMECULA +n% SPHERE OFINFLUENCE er rr BE(N0 A PORTION OF LAND LYING IN 5ECIONS 23 ?0 w 146.281§9 AND SECTIOW5'4 K T. 8 S, Ft B'W Si9.M. AND •Exp.3/31/0$ ALS_OLYINOWITHINA`POfM0-THESANTAHOSA u m RANCHO" SFEUA'IED IN THE IfNIN00R'POf3"ATED ~pi° PT. CtV1L ~r TFHHPfDHYifiEGOtIN1XQFAlUER$IOF,.STATE ~jF. OF CAL}~~~ OF eAUFORNw Scale 1' = 1,000 LAFCO NO XX XkX SHEET-14 OF 10 EXHIBIT "A" AMENDMENT TOTHE CITY OF TEMECULA SPHERE OF INFLUENCE (AMENDED LAFCO NO. XX-XX-X COURSE SHEET BEARING DELTA DIST C LEN RADIUS RECORD DATA PER 'COUNTY OF RECORD 1 N 73'40 46 E 282.62 2 S 39'48 32 E 1694.79 RS 56 39-4] RIVERSIDE 3 S 00'00 00 W 2731.93, RS-5-6T3-9--41 RIVERSIDE 4 S 00' 19 01 E 2554:01 5 S 00'02.43 W 2697:75. 6 S 00-24'22" W 2658:14 205/134-1 44 RIVERSIDE 7 S 00'2304 W 2646:09 205 134-144 : DE 8 N 88'5536 W 2659210 205/134-144 RIVERSIDE 9 N 895518 W 5259.28' 205/134-144 RIVERSIDE 1O N 89'59'23- W 2741.72 ROS 8832/1-26' SAN °DIEGO 11 S 8&59 17 W 2721.55 ROS' 8832/1-2& SAN :DIEGO 12 S 89'4046 W 07 RDS 832/1-26 ;SAN ?DIEGO 13N 89'2723 W 269463 ROS'88321-26 SAN DIEGO 14 N 00'1&35 E 2 86 RS 10/22 RIVERSIDE' 15N 00 22 4 E 133:1.69 RS 10 22; RNERSIUE 18 S 89-50'20' E 2653.19 RS 10/2Z. DE T-7 N 00'2210 W 13114T IRS 10/22, RIVERSIDE 18N 89'26 32 W 2636.01 'RS 10 22" RIVERSIDE 19 N 029 50 E 1344:23 RS 10°:22 RIVERSIDE 20N 671958 E 1299733 RS 56';39=41 ;RIVERSIDE 21 _5'_00'0020 E 999:8 P_M 29127-41 RIVERSIDE. 22 N 51'5146 E 815:78 :PM 29 27=41 RIVERSIDE. 23 10'25.39 '6 , AB ; 3100 - -'PM 29/27=+l RNERSIOE 24 N 41'2607 E 333:94. P 29 .27=4J RIVERSIDE! 25 S 0617.41 E 37.8-r PM '29127-- . RIVERSIDE 26 S 4SO 221 E 86:00 PM 29' 27-41 RIVERSIDE 27 N 87 14.44 E 1138.19 PM 29 27 RIVERSIDE 28 N &0'47 31 E 835:90. PM. 29/27- RIVERSIDE 29 N 7629 23 E 457:79 PM. 29 .27-41 RIVERSIDE TOR 0727 46 E 91&427 PM 29 27 41 RIVERSIDE 31 IN 28!00'57" W 466.70 PM. 29 27-41 RIVERSIDE 32 1600 28 57.16 'PM 9 27 IDE R N 46 58 35 E 7 ' 57 29 27-4 _ _RIVERSIDE' 26 4211 27$.63 BD0 PM 29 41 i RIVERSIDE 35 IN 73'4046 E 1016.47 29/27-4,1 RIVERSIDE. ANNEXATION TO,CITY OF,TEMWULA' SI'HEF t bF fNFLUENCE BEING A POTRITOONSN 63F ,L'dA6 'WLYNG IN SECIONn23 ~AhD-,SEC T::8fi R 9W Sie.ld. ANO ALSO'LYM.VdTlltNA,PORTIONOFTk1 ,'3§. AFtpg4 RANCFIO SITUATED IN TFIE UNINGORPORATE6, TERRITORY2IFTHE (AUNTY'OFRIVERSIDE. STATE OF'OAUFOANIA LAFCO NO XX-)(X-X SHEET'10 OF 10 71 DRAFT EXHIBIT E CC RESOLUTION - LAFCO APPLICATION DRAFT RESOLUTION NO. 08- A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA AREA ANNEXATION COMPRISED OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT (PA07- 0225) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council approved a motion during Council Business of the City Council Agenda to direct staff to initiate a feasibility .study of a proposed sphere of influence expansion and proposed Annexation of approximately 4600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of the San Diego County (the "Santa Margarita Area Annexation"). B. On August 1, 2007, the City of Temecula initiated Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary (collectively, the "Project"). A legal description of the proposed sphere of influence expansion and proposed Santa Margarita Area Annexation is attached hereto as Exhibit A and incorporated herein by reference. C. A Draft Environmental Impact Report ("EIR") was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. D. On [INSERT DATE], the City gave notice to LAFCO that the Planning Commission would be considering the proposed Annexation on [INSERT DATE], and that DRAFT the City Council would hold a hearing to consider the proposed Annexation on a subsequent date. E. On [INSERT DATE], the City gave notice to LAFCO that the Planning Commission would be considering recommendation to the City Council of adoption of this proposed Resolution of Application to LAFCO requesting that it take proceedings for the Santa Margarita Annexation as described above and in the legal description referenced above. This notice was provided to LAFCO twenty (20) days prior to the hearing as required by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 pursuant to Government Code Section 56654. F. The Planning Commission, considered the Draft EIR for the Project at a duly noticed public hearing on November 19, 2008, at which time the City staff and interested persons had an opportunity to and did testify concerning the Draft EIR and the proposed Project. G. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project and the Draft EIR, the Planning Commission adopted Resolution No. 08-_ recommending that the City Council certify a Final EIR for the Project dated September 22, 2008, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. H. At the conclusion of the Commission hearing and after due consideration of the entire record of information received at the Planning Commission hearing and after due consideration of the testimony of the proposed Project, the Planning Commission adopted Resolution No. 08- recommending that the City Council (1) approve a Resolution amending the.General Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS) as the General Plan Land Use Designations within the Santa Margarita Area Annexation; (2) approve a Pre-Zoning Ordinance for the pre-zoning of the Santa Margarita Area Annexation; and (3) approve a Zoning Ordinance Amendment amending Title 17 of the Temecula Municipal Code and amending the official zoning map of the City of Temecula by adopting zoning designations Hillside Residential-Santa Margarita (HR- SM) and Conservation District-Santa Margarita (OS-C-SM) and adopting Hillside Development Standards. 1. On [INSERT DATE], the City gave notice to LAFCO that the City Council would be considering the adoption of this proposed Resolution of Application to LAFCO requesting that it take proceedings for the Santa Margarita Annexation as described above and in the legal description referenced above. This notice was provided to LAFCO twenty (20) days prior to the hearing as required by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 pursuant to Government Code Section 56654. J. On [INSERT DATE] the City Council of the City of Temecula held a duly noticed public hearing to consider the proposed Project and the proposed Final EIR, at which time all persons interested in the proposed Final EIR, proposed General Plan Amendment, Pre-Zoning Ordinance, and Zoning Amendment, as well as the proposed DRAFT Resolution of Application to LAFCO for the proposed Sphere of Influence Expansion and proposed Annexation, had the opportunity to comment on and testify about the proposed Final EIR and proposed Project. After considering all the testimony and comments and the entire record concerning the Project and the proposed Final EIR, the City Council certified the Final EIR prepared for the Project, adopted Findings pursuant to the CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program pursuant to CEQA. K. At this same hearing, the City Council of the City of Temecula considered the proposed General Plan Amendment, Pre-Zoning Ordinance, and Zoning Code Amendment, and all the comments and testimony thereon and the entire record concerning the Project, and the City Council adopted Resolution No. _adopting the General Plan Amendment and gave the first reading of the Pre-Zoning Ordinance No. _ and Zoning Code Amendment Ordinance No. L. On [INSERT DATE], the City Council for the City of Temecula considered a proposed Sphere of Influence expansion and adopted a Resolution requesting LAFCO begin proceedings to consider expansion of the City's sphere of influence to include the territory described above. M. The proposed Santa Margarita Annexation to the City of Temecula and the Temecula Community Services District is uninhabited, and a description of the boundaries of the territory is as set forth above. [AWAITING CONFIRMATION FROM CITY REGARDING UNINHABITED, INHABITED] N. This proposal is consistent with the sphere of influence expansion requested in Resolution No. adopted by the City on [INSERT DATE] as noted above. 0. The City of Temecula has adopted a Pre-Zoning Ordinance for the Annexation Area, a copy of which will be filed concurrently with this Resolution and the City's application material, and prepared a plan for providing services to the Annexation Area, a copy of which will be filed with LAFCO with this Resolution and the City's application materials. P. The reasons for the proposed annexation of the Santa Margarita Ecological Reserve and Surrounding Areas to the City of Temecula and the Temecula Community Services District are as follows: (1) To place the. entire Santa Margarita Ecological Reserve, within the City's jurisdiction so that one public agency, the City, is responsible for the protection of the Reserve; (2) To protect and preserve the Santa Margarita Ecological Reserve as Open Space and an educational resource and protect and preserve the Santa Margarita River; DRAFT (3) To protect the biological resources located within the Annexation Area in which 181 animal species and an additional 331 plant species have been documented and observed within the SMER, including 20 sensitive species identified by the Department of Fish and Game as occurring within or in proximity to the proposed Annexation Area. Section 2. The City Council of the City of Temecula hereby requests the Local Agency Formation Commission to take all proceedings necessary for the annexation of certain territory described herein as the Santa Margarita Area Annexation to the City of Temecula and the Temecula Community Services District as described in Exhibit A to this Resolution and directs the City Manager to file this Resolution and all necessary application documents with LAFCC. DRAFT PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DRAFT EXHIBIT A DESCRIPTION OF SANTA MARGARITA ECOLOGICAL RESERVE ANNEXATION AREA EXHIBIT "A" AMENDMENT TO THE INCORPORATION OF RANCHO CALIFORNIA, TEMECULA, AND MURRIETA (AMENDED LAFCO NO. XX X -X LEGAL DESCRIPTION THAT CERTAIN PARCEL OF LAND LYING IN SECTIONS 23 THROUGH 28 INCLUSIVE AND SECTIONS 33 THROUGH 36 INCLUSIVE, TOWNSHIP .8 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS. FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF VIA GORRION AND CAMINO ESTRIBO AS SHOWN BY PARCEL MAP NO. 6835, ON FILE IN :BOOK 29, PAGES 27 THROUGH 41 INCLUSIVE, OF PARCEL MAPS; RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 73` 40' 46" EAST ALONG THE CENTERLINE OF SAID CAMINO ESTRIBO, A DISTANCE OF 387:96 FEET TO THE BEGINNING OF :A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3000 OD: FEET;. THENCE ALONG SAID CURVE AND SAID CENTI RUNE EASTERLY 'THROUbH A CENTRAL :ANGLE OF OF 03' 21 AN ARC LEN, H OF 42180 FEET; THENCE ALONG SAID CENTERUNE.NORTH 81' 44' 07° EAST A DISTANCE OF 499.39 FEET TO THE BEGINNING"OF A TANGENT CURVE CONCAVE 'FEET; NORTHWESTERLY AND HAVING A PADIVS 'OF 2010,'00 THENCE ALONG SAID CURVE AND SAID CENTERLINE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 347 39' 10", AN ARC LENGTH :OF 120.96 FEET; THENCE ALONG SAID CENTERLINE NORTH 47`' 04' 670' EAST A 'DISTANCE OF 329.51 FEET TO THE BEGINNING OF A TANGENT GURU CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 200._0 FEET„ THENCE ALONG SAID CURVE AND SAID CENTERLINE NORTHERLY THROUGH ;A CENTRAL ANGLE OF 56` 40' 03..", AN ARC LENGTH OF 197.81 FEET, THENCE ALONG SAID GENTERLINE NORTH 09 35 OW' WEST, A DISTANCE OF 103.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY,BOUNDARY OF SAID 'PARCEL MAP NO. 6835; THENCE SOUTH 49" 08' 24" EAST, A DISTANCE OF 716:40 FEET ALONG SAID ® EASTERLY BOUNDARY TO THE MOST EASTERLY CORNER OF SAID PARCEL 'MAP NO. 6835 AND THE CITY OF TEMECULA BOUNDARY LANE PAGE 1 OF'6 THENCE SOUTH 50' 06' 05" WEST, A DISTANCE OF 1696.91 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID MAP, ALSO BEING THE CITY OF TEMECUI:A BOUNDARY LINE, TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY BOUNDARY OF TEMECULA RANCHO AS SHOWN BY RECORD OF SURVEY FILED IN BOOK 56 PAGES 39 TO 41 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 39' 48' 32" EAST ALONG SAID SOUTHWESTERLY BOUNDARY LINE, A `DISTANCE OF 4514.27 FEET TO A POINT OF INTERSECTION WITH THE 10 WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 15 AS SHOWN BY CALIFORNIA DEPARTMENT OF TRANSPORTATION MONUMENTATION MAP NO. 43659:1 THROUGH 4,36595 INCLUSIVE ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY IN BOOK 204 PAGES 710 THROUGH 714 INCLUSIVE; THENCE SOUTH 00' 28' 33" WEST ALONG 'SAID RIGHT-OF-WAY LINE, A DISTANCE OF 680.30 FEET; THENCE SOUTH 07' 15' 21" EAST ALONG SAID RIGHT-OF-WAY LINE,.A DISTANCE OF 230.22 FEET; THENCE SOUTH 15' 37' 52" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 570:32 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY 13 AND HAVING A RADIUS OF 1700:00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 82' 44' DO" WEST; THENCE ALONG SAID CURVE AND. SAID RIGHT-OF-WAY LINE SOUTHERLY 14 THROUGH A CENTRAL ANGLE OF IF 11'12". AN ARC LENGTH OF 546.19 FEE[; THENCE SOUTH 79' 03' 38" WEST ALONG. SAID RIGHT-OF-WAY LINE, A 'DISTANCE OF 100.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE 15 EASTERLY .AND HAVING .A RADIUS OF 1800.00 FEET, A .RADIAL LINE THROUGH SAID POINT BEARS SOUTH 79' 03'' -38" WEST; 16 THENCE ALONG SAID CURVE, ALSO' :BEING 'SAID RIGHT-OF-SWAY LINE, 'SOUTHERLY THROUGH A, CENTRAL ANGLE OF O3' 55' 38:", AN.ARC LENGTH OF 123.38 FEE!';: ~ THENCE SOUTH 14' 52' OD- EAST ALONG SAID RIGHT-OF-WAY LINE, .A DISTANCE J OF 421.96 FEET; THENCE SOUTH 04' 14' 48" 'EAST ALONG 'SAID .RIGHT-OF-WAY LINE; A DISTANCE 18 OF 623:94 FEET; THENCE SOUTH 00' 46' 448" WEST ALONG. SAID' RIGHT_OF-WAY LINE, A DISTANCE 19 ` OF 895,70 FEET; THENCE SOUTH OT 36' IT WEST 'ALONG SAID, RIGHT-~OF-WAY LINE, A DISTANCE OF 847.81 FEET; PAGE ZOF 6 THENCE SOUTH 15' 38' 32" WEST, A DISTANCE OF 580.13 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 15 AS SHOWN BY CALIFORNIA 211 DEPARTMENT OF TRANSPORTATION MONUMENTATION MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY IN BOOK 205 PAGES 134 THROUGH 144 INCLUSIVE; THENCE SOUTH 15' 55' 50" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 869.08 FEET; Q THENCE SOUTH 71' 29' 54" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF T58.64 FEET; THENCE SOUTH 16 04' 34" WEST ALONG SAID. RIGHT-OF-WAY LINE, A DISTANCE OF 827.48 FEET; THENCE SOUTH 20' 27' 36" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1009,31 FEET; THENCE SOUTH 49' 15' 12" WEST ALONG SAID RIGHT-OF-WAY LINE, A `DISTANCE OF 743.87 FEET, THENCE SOUTH 1T 33' 26" WEST ALONG. SAID RIGHT-OF-WAY LINE; A DISTANCE OF 614.79 FEET; THENCE -SOUTH 02' 24' 49" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 352.02 FEET; THENCE SOUTH 36' 58' 02" WEST ALONG SAID RIGHT-OF-.WAY LINE, A DISTANCE OF 925.56 FEET; THENCE SOUTH 63' 37' 47" "WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE 3o OF 185.44 FEET TO A POINT OF INTERSECTION WITH THE CENTER SECTION LINE OF SECTION 36; THENCE SOUTH 00' 23' 04" WEST ALONG SAID CENTER SECTION LINE OF s1 SECTION 36, A DISTANCE OF 132.29, FEET TO SOUTH- 1/4 CORNER OF SAID SECTION 36, ALSO BEING A POINT ON THE SOUTHERLY UNE. OF TOWNSHIP- :8 SOUTH AS SHOWN ON SAID MAP. Q, THENCE NORTH 88' 55' 36" WEST ALONG SAID TOWNSHIP LINE, A DISTANCE OF ,2403.90 FEET TO THE SOUTHWEST CORNER .OF SECTION ;36; THENCE NORTH 89' 55' 18" WEST ;ALONG 'SAID TOWNSHIP LINE AND THE SOUTHERLY LINE OF SECTION 35, A DISTANCE OF 5259 28• FEED TO THE ® SOUTHWEST CORNER OF SAID SECTION 35 AS SHOWN, ON A RECORD OF SURVEY FILED IN PAGE 88,32 OF :RECORD OF SURVEY 'MAPS, ;RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE NORTH 89' '59' 23" WEST ALONG SAID TOWNSHIP LINE AND THE 'SOUTHERLY. LINE OF SECTION 34, A DISTANCE OF 2741.72 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 34; PAGE $,0F6 THENCE SOUTH 88' 59' 17" WEST ALONG SAID TOWNSHIP LINE AND SAID 35 SOUTHERLY LINE OF SECTION 34, A DISTANCE OF 2721.55 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE SOUTH 89' 40' 46" WEST ALONG SAID TOWNSHIP LINE AND THE 36 SOUTHERLY LINE OF SECTION 33, A DISTANCE OF 2707.45 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 33; THENCE NORTH 89' 27' 23" WEST ALONG SAID TOWNSHIP LINE AND SAID Q SOUTHERLY LINE OF SECTION 33, A DISTANCE OF 2694.63 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 00' 16' 35" EAST ALONG THE WESTERLY LINE OF SAID SECTION 38 33, A DISTANCE OF 2637.86 FEET TO THE WEST 1./4 CORNER THEREOF, AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 16, PAGE 22, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 00' 22' 47" EAST ALONG SAID WESTERLY 'LINE, A DISTANCE OF 39 1331.69 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE NORTHWEST 1 /4 OF SAID SECTION; THENCE SOUTH 89' 50' 20" EAST ALONG THE SOUTHERLY LINE OF THE NORTH, 1/2 OF THE NORTHWEST 1:/4 OF SAID SECTION-3 3, A DISTANCE OF 2653.1.9 ® FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00' 22' 10" WEST ALONG THE CENTER SECTION LINE OF SAID 41 SECTION 33, A DISTANCE OF 1313:47 FEET TO THE NORTH 114 CORNER THEREOF, THENCE NORTH 89' 26' 32" `WEST ALONG THE NORTHERLY LINE OF SAID 42 SECTION 33, A DISTANCE OF 2636.01 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 00' 29' 50" EAST ALONG THE WESTERLY LINE OF SECTION 28, Q A'DISTANCE OF 1344.23 FEET TO THE ;SOUTHERLY BOUNDARY OF SANTA ROSA RANCHO AS SHOWN ON RECORD OF SURVEY` ;FILED IN BOOK ":56 PAGE 39 THROUGH 41, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 67 19' 58" EAST ALONG SAID SANTA ROSA RANCHO BOUNDARY' Q LINE, A DISTANCE OF 12997.33 FEET TO A POINT OF INTERSECTION. WITH THE WESTERLY LINE OF LOT 92 PER SAID PARCEL MAP NO: 6635;. THENCE SOUTH 00' 00' 20" EAST, ;A DISTANCE OF X999 86, FEET TO THE SOUTHERLY BOUNDARY OF THE METROPOLITAN WATER DISTRICT EASEMENT PER; ® ,INSTRUMENT NO. 109720 RECORDED 12-13-.1967,, ALSO •SHOWN ON SAID `PARCEL MAP NO. 6835; THENCE NORTH 51' 51' 46" EAST ALONG SAID SOUTHERLY EASEMENT LINE, A 46 DISTANCE OF 815.78 FEET TO THE BEGINNING OF A. TANGENT CURVE CONCAVE NORTHWESTERLY AND' HAVING A RADIUS OF '3100,.DO ;FEET;: PAGE 4 0F6 THENCE ALONG SAID CURVE AND SAID EASEMENT NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 10' 25' 39", AN ARC LENGTH OF 564.18 FEET; THENCE NORTH 41' 26' 07" EAST ALONG SAID SOUTHERLY EASEMENT LINE, A 48 DISTANCE OF 333.94 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF CAMINO GAZAPO AS SHOWN ON SAID PARCEL MAP NO. 6835; 49 THENCE SOUTH 06' 17' 41" EAST ALONG SAID CENTERLINE, A DISTANCE OF 37.87 FEET TO THE SOUTHERLY TERMINUS THEREOF; 50 THENCE SOUTH 45' 00' 21" EAST. A DISTANCE OF KDO FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL MAP NO, 6835; 51 THENCE NORTH 87' 14' 4:4" EAST 'ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE 'OF 1138.19 FEET; THENCE NORTH 60' 47' 31" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A 52 DISTANCE OF 835.90 FEET: THENCE NORTH 76 29' 23" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A 53 DISTANCE OF 457.79 FEET TO THE SOUTHEAST CORNI_R OF LOT 97 PER SAID PARCEL MAP NO. 6835; A ENCE NORTH 07' 27' 46" EAST ALONG THE EASTERLY LINE OF SAID LOT 97. DISTANCE OF 918.42 FEET TO THE SOUTHEASTERLY TERMINUS OF'THE CENTERLINE OF CAMINO POTRO PER SAID PARCEL MAP NO. 6835; 0 :FEET ALONG SAID- ;CENTERLINE TO. AN THENCE NORTH 28 00' S7" WEST 466.7 INTERSECTION WITH THE CENTERLINE OF 'CAMINO ESTRIBO, SAID ,INTERSECTION 55 BEING ON A NON-TANGENT CURVE CONCAVE-NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET, A RADIAL. LINE THROUGH SAID POINT BEARS NORTH 28' 00' 57" WEST, O THENCE ALONG SAID CURVE AND SAID CENTERLINE NORTHEASTERLY THROUGH A 56 CENTRAL. ANGLE OF 15 00' 28",, AN ARC LENGTH OF 157.1.6 FEET; THENCE NORTH 46' 58' 35" EAST,•A DISTANCE OF 7.1457 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY .AND HAVING A RADIUS OF 600;00 FEET; © THENCE ALONG SAID CURVE 'AND SAID CENTERLINE NORTHEASTERLY THROUGH,A CENTRAL ANGLE OF 26' 9-2' 11 AN ARC LENGTH OF 279.63 FEET; 59 THENCE NORTH_ 73' 40' 46" EAST, A .DISTANCE OF T-016:47 FEET ALONG SAID CENTERLINE,, TO THE POINT OF BEGINNING. AREA= 5,015 ACRES, MORE OR-LESS SEE ENCLOSED EXHIBIT "A' PAGE 6 OF 6 PREPARED BY ME OR UNDER MY SUPERVISION 4 ofEUI o~ ,ye• cat~a ~ m 46 N% W59 m * E* 3j31/a8 KEVIN B. MR) DATE s~ CIVIL REGISTERED CIVIL ENGINEER NO. 26159 ?rf of cAti~Fp4a EXPIRES: 3-31-08 a PAGE 6 OF"6; EXHIBIT W AMENDMENT TO THE INCORPORATION OF RANCHO CAUFORNIA,,TEMECULA, AND MURRIETA (AMENDED...-.... LAFCO NO.`XX-XX=X VICINITY AND SHEET INDEX MAP Y LEGEND AF TEO ANNEXATION BOUNDARY EXISTING CITY BO V,15 ACRES MORE OR ULES S 1 G~ 91,8001002 ASSESSORS PARCEL NO. INDICATES,_ EXISTING CITY f OF TEMECULA BOUNDARY t SHEM sHEEf70 V ANNEXATION BOUNDARY SHEETag B.~R~ . CDUNLY ( SAN DIEGO COUNTY sHEFTS- VICINITY MAP 9 Scats 1' = 12,000' I syEErawort sHErs 1= `;HEFT INbEX' MAP • obe!~m I,- P91FA-1 IIIIIF- QpofESSlp ~A Na cD~v ANNEXATION TO CITY OF TEMECULA Na 2615$ - BEING A PORTION lFLAND LYING IN SECTIONS 2ff* g$ANDS@CTTONS99-3a,T 8S R 9WV,S.B.M.RNO tY. Y7i i(CfiOCYIN~aYY17HINkPORT10NOF7HE--SANTAEIO$A Jj„ OIVit "-~tt RANCHO ANDTHETEpAECUTA RANCHO; SfNATED-dN OF CAk~ Q~ • THE UNINCOAPO'HATED TERRITORY OP THE COUNT= KEVIN. B: COZAD DATE DIFFIWERSIDE,STATE OFCAUFORN REGISTERED CNIL ENGINEER NO. 26115,9 LAFCO'NO: XX )OX _x SHEET 1 OF12 EXPIRES. 3-31-08 EXHIBIT "A" AMENDMENT TO THE INCORPORATION OF RANCHO CALIFORNIA, TEMECULA, AND MURRIETA (AMENDED _..:.j LAFCO NO. XX-XX-X 'p c" 7 ® a ~j CA vu, GORRION 3 44 ~ 2~ P.O.B. P 940250006 C/L CAMINO ESTRl60 2 O ,6s G 940250002 O 940260004 EXISTING CITY G/L CA/diNO ESTRI80 1 ' OF TEMECULA 940260002 / s4a2sooos C7 ~ _y! BOUNDARY r C/L CAMINOPOTRO 0 ® 9q,,;{~ - 940250003 RPN~ 6oooi } R.S.. 56/39-41 W e, 1 l,_i pSP r' PM 10,814 (09 78 - W (n 5P CAA sasozool4 PAGES 5-8 ~ ~ ~ _ n' _ SECTION 24 W ® - - 1 918070019' W (n ' i T.BS, R.3W 1 w 1 91807,0011 9,18070018 918070012 1 f X940280006 1 3 24 E -Tj -918080002 1 418080003 9;1808001,0 j 9180800114 SEE SHEET 1 FOR LEGEND SEf SHEEP 11 FOR COURSE TABLE KEVIN. 13. COZAD DATE REGISTERED CIVIL ENGINEER N0. 26159 QROFESSIp~,; , EXp{aES..3-31-08 ANNEXATION TUCITY OFTEMECULA " it BEING A.PORTION OF LAND LYING:IN SECTIONS'23,- Na 26159 28 ANA SECfloN 33.36, 6 S. R.3 AND:' OL Z& ~AISO LYING'4y01iIN A PORTiON,OFTHESANTA.ROSA 3/31 08 . RANCHO AND,THE TEMECIILA-RANCHO~ WTUATED IN: am 6 em t os `U+~ CIVIC 'C!' . THE UNINGORPORATEOTEHRITORYOFTHECOUNTY ~t Q~i~• bPRIVEkbIDE,STATEOFCAllFORNIA SCQIe 'x. _ 1 X000 f QF C~L~F - LAFCO'NO XX-XX;X SHEET2OF12 EXHIBIT "A AMENDMENT TO THE INCORPORATION'OF RANCHO CALIFORNIA, TEMECULA, AND MURRIETA (AMENDED LAFCO NO. XX-XX-X SEE SHEET 2 R.S, 56/39-41 I EXISTING CITY OF TEMECULA PM 10814 i BOUNDARY P.M.B. 78 > o PAGES 5-8 9807A014 0 sECTION 24 ; LL- V4 T.8S, R.3W i 91e070619 918070018 L-- CV_ I C3:d Q I I ~~-`G ci I I C' ly- 1 i 918080008 I I 9180800.10 918080071 I I 8~aao0 SECTION 25 1 91so86009 T.8S, R.3W i t ) I I ` ~ SEE SHEET 4 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE. TABLE EVf C- A 'Zfi159 REGISTERED CIVIL 'ENGINEER NO.. 4~pFESS10, EXIIRES: 3-31-08, ~~v~o fie' co ANNEXATION TO CITY OFTEMECULA BEINQ•AF'OHTtON.OFIANOLYING'1N.SEGTI0NS29- 23ANDSECTIONS 33.36,7: 6?9, R.3 W. ".M. AND No.. 26159 _ ALSO LYINt 'NtITkiIN A PORTION OF THESAWNRDsA 7CHAANDTHETEME6ULARANCHOnSRUA7EDIN mn 0 am sl QIY~1 THE UNINCORPORATED TERRITORY OFF THE COUNTY ;0F`RiVERSIDE, STATE OF CAItF.ORNIA Scale 1" = 1.000' f Of CAt LAFCO NO. XX XX X' SHEET 3 OF 12 EXHIBIT °A" AMENDMENT TO THE INCORPORATION OF RANCHO CALIFORNIA, TEMECULA, AND MURRIETA (AMENDED LAFCO NO. XX-XX-X SEE SHEET 1 FOR LEGEND SEE SHEET 3' SEE SHEET 11 FOR COURSE TAB[E 918080009 p3'3 8"0 579' (R) I i - 1 L Q o i cZ Q SECTION 250 i T.8S, R.3W z N Q 'z/ EXISTING CITY c_ rr -j N41 F TEMECUI 91e0aoo70 i stsasooll ~O aBOUNIA L DARYA I p O: I 1 ® ~ 1 W 1 9IW9000001 19181918 00 ooa.j i f-----I----t----1 4j U7 1 918090008 1918100002 (918100007 I ~Q 91809oooe I----4-----1-----1 918100012 1 L91809ooo919187oom 19181000061 1918090010 1 918IMM4I91 81 00 0 0 5-1 ' S Q - 1 --j---- - 9i809OW3 i 9I8o9 I ~SECTIPN 3~91sitnn28 . I 3W ' 918090017 1 9180900191 T 8S, i R 918090021 (9180900221 978110007 918710002 SEE SHEET 5 B C E ,KEVIN REGISTERED PML NGINEER NO. 264'59 ~.Qga~~slpp~~ E7CPIftES 3-31 '.OS .18• Cr7r~d ti~ ANNWfiokTO;G[fYdFTEb1ECULA Z 6EiNG A'P.QRTIf.}N~OFiJ1NDLYiNG.IN:&ECT10kS23'- N0. ","D SEC710NS 33-3e, T2,1 S, R. 9 W;:S.B.M. AND'+ Exp x/31 fQ6 At sO LYtNG WI7Hm?ORTtON 0F.7HE3ANTA 1tO3A kANCHU),4N0`.7'HETEMEGIILA,RANCHD. SCfVATEDIN - mu a me UP Lm C ! 111t -UNINCOpPORATED`TEFiRfIDHY-Ofr 17~ECOIJNTY PYALL • c - _ w _ r OF GAL\ OF RIVERSIDE, STATE OF CALIFORNIA Seale 1 - 1,000 LAFCO NOi .)0(-X SHEET:4'0 F 12 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilli- EXHIBIT "A" AMENDMENT TO THE INCORPORATION OF RANCHO CALIFORNIA, TEMECULA, AND MURRIEI A (AMENDED LAFCO'NO. XX-XX-X SEE SHEET 1 LEGEND SEE SHEET 11 FOFOR COURSE TABLE SEE SHEET 4 26 25 918080010 918080011 35 36 19180900021 191800007 1918100001 1 91810110000081 1918090003 1 19180900081 918100002 1 918100007 1 918090001 1-----1 918090008----4- ---4-^--~ 91 81 0 001 2 1918090004 1 1918090009 1918100003 1.918100006.1 1918090005'1---- 1 918090010 1918100004 1 918100005,1 918060007 918090011 1918090012 1918,090013 1 918090,014 1 1 _ 1918110028 cU I ----1--:.__T_---f: 1 1 918090015 1 918090016 1918090017 1 9180900181 I ( . 19180900201918090021 1018M0,041918110001 19181100021 Q r~ W 19180900191-----1- 1----4 I I ~S 1918MD23 1 918090024 1 918090028 1 I I {----J-----1 oZ' 1 I I 1 1918090026 1918090027 1918094028 i 9180900291 Lli I 1 I I 918120044: LL:I - - - - i 1 ® c), cy 916490030191809003119180900321,9180900331 f (J~ (V~ 918060018 1-- 1=--_ 9 1918090035 191809005 1'9160940371'918130443. I. i I i ----G ----I-------- y 918090038 1 918090039 1 918090046 ('918090042 ( 91913M3,1 35,136 i I 191so9~,3 RIVERSIDE COUNTY S.D.CO f2 0<S", 883 SAN DIEGO COUNTY K eo' . DATE REGISTERED CIVIL. ENGINEER' NO. 26159 ~QROF-ESS'Io EXPIRES: 3-31-08 ~ k. 0. COZ ~a iayc ANNEXATION TO GlV5 OF TEMECULA. 2 '6E1NbAPdkT1ONoFLAND LYINGtk,01 TO 0NS43 - 'd No. 126159 - 8-_AIJDSEGTWN533-•98;T 9S R.,BWr5.8.M:-AND ,No; 3~/Q8 +LY84GWITHINAPOFTtON(3F11iESANYAROSA "h: RANCtIO AN~7HETEM6G[ILA flANGiOi;SiTUATEDIN. AP •a ---.em ao._._ lV{4 " 7t_iE'kINiNGORPORA Efl® ((ORY.6F111E GOU_NTtl - AP t 'Z Ot AIYENSiDE `STAT60 CALIFORW or c smie 10 1' LAFCC'NO:XX-XX X 9HEET.5 OF 12' EXHIBIT A" AMENDMENT TO THE INCORPORATION OF RANCHO CALIFORNIA, TEMECULA, AND MURRIETA (AMENDED..... - LAFCO NO. XX-)(X-X I 1 918060008 1 T I 1 I 1918090026 1 918060019 1 918060013 1- - - - - - - - -1 1 SECTION 3.5 i 918060009; i I T.8S,i R.3W i i I9iea90 - 918060014 L--------I 9 7 80600 7 8 1 918060021 ( 918060010 ( I 918990034 918060022 9180600.15 - 1 RAINBOW GLENI;Ra. 1 1 918060023 9180900381 34 35 I --"'`i 918o6aal 1: 1 RIVERSIDE 918060024 =COUNTY 35 36 1 W' S 1/4-,"(D. SEC 35 in S.D.CO. R.O.S. 8'832 W `SAN DIEGO COVNT`( W :SEE 'SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE EVI . REGISTERED, NIL ENGINEER NO 26153 ~oQROf SS1,0', EXPIRES 3=31-08 ANNEXATION TO CITY OF TEMECULA BPINGA-POFMON 0F.LAN~LYINf3'INSECTI6NS23- Na 26159' -~*B;ANDSCT70NS 99;7:83 R 3 W;;S 8:1g1. AND: Exp.3/31/OS &S'00114WI"Ai 0RY1aNOFTFIESAAITAROSA 'k * RREJCki0Y~N0:THE41*CU4''pRANCHO,$F'fUAl1=DIN J'1',~r'IYIt.CF 111EUNI0N00RPa TED RXLOrF~1'HE000NiX scale 1` = 1,000' F OF' cA1>iF~- I AECO NO; )D(-V-X SHEET `:6 OF 72 EXHIBIT "A" AMENDMENT TO THE INCORPORATION OF RANCHO CALIFORNIA, TEMECULA, AND MURRIETA {AMENDED LAFCO NO. XX-XXX 918Qfi0002 1r/ 918060003 f '1/ 918060019 918DSODDI v I I I I SECTION 34 F--------- i , T. 8S, R. 3,W I 00 918060017 i j 918060015 1- s 1/4 I 34 35 ,L, 33 34 SEC w . ~I RIVERSIDE COUNTY , LIJ S.D.CO_ R Q.:S. 8$132 Li W w SAN DIEGO COUNTY W tI7 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE B COZAD DATE, REO ST> RED CIVIL ENGINEER IVO. 28159 RRQFESSi~ E8 '3-31-08 hW~ y 0 rho~o ANNEXAT.CON 70:GtTY OF TEMEGULA m $EING A.PORION OF LANO'LYING IN SECTIONS 23:- ~G Nm 26159' :.rq 2,S AND SECTIONS 33-38„T8 S. R.9YJ ;S.&M. AND .3rS1~6 ALSO LYING WM41NAPORTIONOFTHESANTA:ROSA z<FiE YEMEGU,4A RANGHD,;9ITLATEp.IN RAgN 0 NO aoa-. a eoa~itao Sj. C/Vll ~l.' T+IE.iININCOFiF?CIRATEDTERRITORYOFTHECOUNTY ' - - -yJ" OFRIYEHSIDE,$TATE;OPCAUFgRNIA SCDIe 1 1,000LAFfsO.NOr)000(:X' SHEET 70F12- EXHIBIT "A" AMENDMENT TO THE INCORPORATIONOF RANCHO CALIFORNIA, TEMEC A., AND MURRIETA (AMENDED.. LAFCO NO. XX-XX-X SEE SHEET 9 1 918040003 I C-N 1/16 1 SEC 33 L- N 1/16 SEC 33 918040004: ® R.S. 10/22 r' SECTION 33 T. :8S, R. 3,W Lv W 1/4 SEC 33. Ljj ' Lli I ~ I ~ ( 918040012 918040017 918060017 32 33 S 1/4 1 33 34 RIVERSIDE SEC 33 I COUNTY S.D.CO. R.O.S. 8832 SAN DIEGO COUNTY SEE 'SHEET 1 FOR LEGEND SEE.SHEET 11 FOR COURSE TABLE KEVIN-'p- COZAD A REGISTERED CIVIL ENGINEER NO. 26.159 QRoVESS1pN'{ EXPIRES: 3-31-08 ~,E4P g„COI1~ -ANNEXATnoNTO.CITY OFTEMECULA- co 19 BEING A:POF TION OF LAND LYING IN.SECTIONS 23- Vt No 26159' M 28,AND SECTIONS 33.36, T. 6S, R.3 W S,B.WANR p+ =ALSO LYING WITHINA POI{TION OF THE SANTA ROSA '3/~1las ~P. fiANCFCO'AND''THF-TEIp1ECkILARANCHO;;SCRiATER1Now o so uw 7po°. 'rJ,fl CIVIL. ~~1~! THE UNIINCOVER3NIE, STARRfTFCAUF TERRfTOFlYOFTHE COUNTY Scale 1'`= 1,000' CALF IAFCO NQ.`)X-XX-X SHEETB OF 12 EXHIBIT "A" AMENDMENT TO THE INCORPORATION OF RANCHO_ CALIFORNIA, TEMECULA, AND MURRIETA (AMENDED .....................•.1 LAFCO NO. XX•XX-X SP ~P~G ~1 ~P RO S• 561 9 S~~ ER. R. I P R.S. 56/39-41 O SECTION 28 T. 8S, R. 3W 91805060i LIJ y 91,8050001 29' 2g " 1~4 127 Lv SEC 33 U--) 32 33 334 L R.S. 10/22 Q 918040004 ` 918040=1918060001 LsEC 33 C-N I/16 I SEC 33 L-- SEE SHEET 8 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE KEVIN'' B_ C p ,E REGISTERED CIVIL ENGINEER M. 26159 ~Q~01.ESS/Dp~~ EXPIRES. 3-3`1-08 y~~ g8:~D2Ap, a~~ ANNEXA'nONTO(:ITY.OFTEIyIECULA 4. '8EIf4G'-W P0Rn0N`0FLAND-LYINGIN SECTIONS 23-. w No. 28159 m 28 ANDSECT,IONS33'-3%T.8S.M3W,S.8.M.ANO K -a* A[SOLYINGWITHIN-APbfMONOF?HE SANTAROSA E . ~..3j31/OB RANCHRANDlTHETEMECULARANCHO,.STTUAIED IN 'TER THE o em ~fT CIVIL ~t THE UNIN flRPIVEHS[D STATE R14~F'CAL(WRN COUN'fY I~k Scale 1" = 11000' rP.06 CALF LAFCO'NO X)C.XX:X SHEETB:OF 12 EXHIBIT "A" AMENDMENT TO THE INCORPORATION OF RANCHO CALIFORNIA, TEMEOULA, AND MURR1EfA (AMENDED ......................j. LAFCO NO. XX-XX-X PODS C/L CAMINO GAZAP ca p R 918070008 i '2 23 f 940260006 w S pE~ 818070008 27 '26 - 1 w _ I V) 91805,0109 918o8oool I V) I W . • ' R.S. 56/39:-41 I W I (n U) I I j 918050004 SECTION 26 SECTION 27 i T. 8S, R. 3W T.8S J R.3W i - - - .1 918050005 818080006 918050002 l i i I I 918050006 j SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE EVI B M. REGISTERED CjVIL ENGINEER NO. 26 4pf.ESSrpN ,EXPIRES 3-31-08 e0z~ayc~ . ANNEXATION TO CITY OF TEMECULA Z BEIfdG`'A',P.ORTtIN•1 OF LANO L`lINC,IN.SECTIONS 29`= Na 26159' ~ P~1~8E0Tl,0NS33'-36,F.8S;A.3.W;5.8.M.,ANOFxp.3%31/08 OLYINR;wrm[NAPOFMONOFTHESANTAROSA u RAClOHOAND THE TEMECULIi RANCHO, SftUATED IN awe IAW nie: cl T. ~r uNOt vE ESTATEOFcAU ~r° cauNTv P 0,111 9 P9 Scale 1 - 1,000 LAFCO'N0:3(X XX-X SHEET 10-OF 12 EXHIBIT "A" AMENDMENT TO THE INCORPORATION OF RANCHO CALIFORNIA, TEMECULA,,AND MURRIETA (AMENDED LAFCO NO. XX XX-X COURSE SHEET BEARING DELT DISTANCE LEN RADIUS RECORD DATA <PER'COUNTY OF RECORD 1 N734046 E 387.96 PM. 29/27=411 RIVERSIDE 2 08 03 21 421.80 3000 PM 29 27-41 `R IDE 3 N 81'44 07 E 499.39 PM 29727-41 RIVERSIDE RIVERSIDE 4 343914 120.96 -200 P.M 29127,41 '5 43,0457 E 329.51' PM `29',27-41 RIVERSIDE ` 56-450' 063- 197:81. 200 PM 29/27-41 RIVERSIDE 7 N 09 30153.94 29127-41 RIVERSIDE 8 S 49'08.24 E 716.40 PM 29127-41 RIVERSIDE 9 5 50 06°05 W 1696.11 P.M 29/ 1 27-41 RIVERSIDE 10S 39'48.32 E 451417 RS 56 39-41 RIVERSIDE 12 S OT15 21 E 230.22 0=714 ' RIVERSIDE 9'1 S 00'2833 'W 680.30- A~~110--~714 10-71 4 RIVERSIDE 13 S 153752 E 570.32 -714 RIVERSIDE 1'4 16'1222 .19. - 1700 10-71RIVERSIDE 15 S 79'0336 'W 100:0010=74 ' IVERSIDE 16 03 5536 133:3& 1800 10=714 IDE- 17 S 1452:00 E 421 96 10=714 RIVERSIDE 8 S 041448 E 623:94, RIVERSIDE 19 S 00'4648 W 895.70 10-714 RNERSIOE 20 S 07.3610 W 847:81 204 ]0=714 RIVERSIDE 21 S 153832 W 580.13 205 134-144 RIVERSIDE 22 S 1555 50 69.08 205" 134-114 RIVERSIDE 23 5 7129 54 W 158.64 '2051134=1144 'RIVERSIDE: 24 S 16.0434 W 827.48 `205 134-144 RIVERSIDE 26 S 49'1512 W 743.87 34-1RIVERSIDE 25 S 20'2736 1009,31' 1134-14+ 34-14 IDE 27 S 13,,3326 W 814.7934-R OE28 S 02'2449 W 352.034-1RIVERSIDE 29 S 36'58;02 W 925;56' 1 34-1.44 IDE30 S 63,37 47 W 1RIVERSIDE XWK R. D DATE REGISTERED 'CML ENGINEER NO 28'159 ego. . FESSI0% ( EXPIRES 3-31-08 COI Q ANNEXATION TO CITYOF TEMECULA: Z WNGA`PORT/ON OF LAND.L'IW0'1956CWti&:9- N6r-28159, 28 AND SECTIONS33-36,T85,-K$WS.B.M.MID us tq vC Exp. ALSO LYWMITNIN A POFTONOFTt ESNAROSA 3/31%08 ~ k RANCHO ANDTME7EMECULAfg~NGH0;6RUA7.8DIN`. - S)"- C1Y1L TI 0UNIOFANER$lbkSTATEOFCAUF1.ANIA , 0p cfki LAFCO'N9.XX-XX-X' -SHE71-COF12 EXHIBIT "A" AMENDMENT TO THE INCORPORATION.QF RANCHO CALIFORNIA, TEMECULA, AND MURRIETA (AMENDED...:...........:.......) LAFCO NO3 XX-XX-X COURSE SHEET BEARING DELT DISTANC LEN RADIUS RECORD T. PER COUNTY ,O .RECORD' 31 S 00 23 A4 W 132.29' 2057/1 34-144 RIVERS DE 32 N 88'55.36 W 2403.10 205/1 14-4 DE 33 N 8935 18 W 5259:28 205/134--144 RIVERSIDE 34 N 89'59-23 W 2741.72 RDS 8832/11:`=26, SAN "DIEGO 35--§ 88'59 17 W 2721,55 ROS 8832 1- 6 SAN ;DIEGO 36 S 8V40 46 W 2707. ROS 8832 1-26: DIEGO 37N BY2723 W 2694.83 ROS 8832`-1-28 0,= RIVERSIDE 38 0016 35 E 2637.86 E22 N 00'22 47 E 1331.69 ERSIDE RIV 40 S BT50 20 E 2653.19 E 41 N OD 221 O RIVERSIDE 42 N 8726 32 W 2636:01 RIVERSIDE: 43 N OW29 50 E 1344#23 44 N 6T 19:58 E 12997.33 RS 56/n.39 =41 DE 45 S 00'0020 E 899:86r 29 27-41 DE 46 N 51'51 45 E 816.78 RIA 29/27- 41 RIVERSIDE 47 1025 39 564.18 31 :PM -29 27 41 RIVERSIDE 48 N 4126 07 E 333:94 PM 29 271 RIVERSIDE 49 S 06'17'41 E 37.87 M 29/27-41 DE 50 S 4500 21 E 86.00 PM 29 27-41 -RIVERSIDE` 51 N 877444 E 1138.19 PM 29 .27-41 _ RIVERSIDE S2 N 60`47'31 'E =.90- 29 27 ::.1 ODE 53 N 76'2923 E. 457.79 29'.27= 1 E 54 N OT27 46 E 918.42 PM 29/27-41 E 55 N 28'00 57 W 466.70 PM 20'.. 1 56 1500 28 157.16 600 PM' 29" 2741 RIVERSIDE 157 N 46'5835 E 714.57 PM 291, 7-41' " DE 58 ' 26 4211 279.63 800 PM 29'.27`-41 RIVERSIDE 1591N 73'4046 E 101fi.47 PM 29` 2 RIVERSIDE KEVIN .8. COZAD REGISTERED CMC- •ENIGiNEER NO. 2$159 ggot C~sipN { EXPIRES: 3=31-08 ~ru~ ANNEXATION Tor CITY OF TEMECiULA• o~ `.,2~ 'BEINOAP.OA710NOpL1W0LYINOINl3Et3TJQN523~= - ~ Na 26159 28 AN0 §ECfSNS99 3(i, F 88 R. 3 W,S 8 M~ ANn. a ALSOLYJNGWTMtNA-Pi7RTfONOFlNESaWTAROSA Exp.,3j31/OB IN RANCHO AN4T.HElBM(ECULARANGH0.'8'NATED fJ, ClV1b t! THE IJMINGORPOAA'IEDTEi1RRORYOFHE.GOU7YTY- 4j OFRIVERMDE,STATEOFCAUFORN41• . 9F CA4~~ LA aNO. XX-XX-X SHEET 12OF 12 NOTICE OF PREPARATION AND INITIAL STUDY APRIL 13, 2007 uVLwur inu va:YU One nua aN-~L7aV ncoo nVbVVpaa,.V ~.y 11 G t-~ RI P' . vERSIDE Cou C' j r~;. •i -.SIDE UNTY NTY APR 19 2007 KAY 2 AP` 8 2007 By M. Meyer ~'i t'•'^._',n !'fin.,.f. M.'Meyer Deputy =?n,y'j;:?;• Deputy City of Temecula Planning Department' Notice of Preparation wu t y CLERK yNted erP.Rp_ 21j52nation To. Attached Distribution List POSTED r! 5 Subject: Notice of Preparation of a Draft Environmental Impact Report 8 2007, C Rek By' Dept. Lead Agency. City of Temecula Consuiting Firm Coun of Riverside, Stme'of California Planning Departmerit Firm Name: Albert A. Webb Associates 43200 Business Park Drive Street Address: 3788 McCrey Street Temecula, CA 92590 Ctty/State0p: Riverside, CA 92506 Contact: Steve Brown, Principle Planner Contact: Richard J. MacHott Phone Number: (951) 694-6400 Phone Numben (951) 686-107D The City of Temecula Planning Department will be the Lead Agency and will prepare an Environmental Impact Report for the project identified below. We need to know the views of your agency as to the scope and cordent of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and Initial environmental study are contained in the attached materials. Due to the ttme limits mandated by State law. Your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. Please send your response to Steve Brown at the address shown above.[ or a contact person in your agency. File ° e ermination Yo 5 PerP.R.C.21752 OSTED Project Title: Santa Margarita Area Annexation APR 19 2007 Project Location: Riverside County, California Removea/- Project Description: By _ . Countyo Riversi'de,S[a ePL of California Annexation and concurrent extension of the Sphere of Influence of approximately 4,700 acres from the unincorporated portions of Riverside County Into the Incorporated City of Temecula ("Project t; Area"). The Project is a shift between two local jurisdictions which will result in the re-assigning of F; responsibility for service provision from the County of Riverside to the City of Temecula and the Temecula Community Services DistrioL Further this project includes a General Plan Amendment from the County of Riverside designation of Rural Mountainous (10 acre minimum lot size) and Open i Space Conservation Habitat to City of Temecula Hillside Residential (10 acre minimum tat size), and R:hEANFA 128 Same MargtdbA= A=n 6l WOTICE OF PREPARATION OF A DRAFTerRAw • 1 F. we S: i 1 Open Space (OS), and Change of Zone from County of Riverside Rural Residential (RR) to City of Temecula Hillside Residential (HR) and Open Space Conservation (OS-C). The density and type of development permitted under the proposed City General Plan designation and proposed zone change will be substantially the same as that now permitted under the Countys existing General Plan and zoning designations except that mining and quarry operations would be prohibited under the proposed City General Plan designation and proposed zone change. This Project, if approved, would cause changes to the city limits, land use and zoning designations, and change the provider of municipal services from the County of Riverside and the CSA to the City of Temecula and the Temecula Community Services District ("TCSD"). This Project does not include any specific development project, no development application for the Project Area has been proposed to the City and the City has no development proposals for this area. In the event of annexation, any future development applications would be subject to the City's normal processing procedures and the proposed General Plan and zone change. A proposal for a quarry is currently pending before the County of Riverside. Director of Plann ebbie Ubnoske Date R:1E AREA 128 Santa Margarita Area AnnuatimWOTICE OF PREPARATION OF A DRAFT EULdw 2 i I City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Santa Mar anta Ecological Reserve Area Annexation Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Dale West, Associate Planner 951 694-6400 Project Location Riverside County portion of the Santa Margarita Ecological Reserve Project Sponsor's Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 General Plan Designation Open Space Conservation Habitat (OS-CH), Rural Mountainous (County of Riverside) (RM-10 acre minimum lot size), and Rural Residential (RR- 5 acre minimum lot size Zoning (County of Riverside Rural Residential Description of Project Annexation and concurrent extension of the Sphere of Influence of approximately 4,700 acres from the unincorporated portions of Riverside County into the incorporated City of Temecula ("Project Area"). The Project is a shift between two local jurisdictions which will result in the re-assigning of responsibility for service provision from the County of Riverside to the City of Temecula and the Temecula Community Services District. Further this project includes a General Plan Amendment from the County of Riverside designation of Rural Mountainous (10 acre minimum lot size) and Open Space Conservation Habitat to City of Temecula Hillside Residential (10 acre minimum lot size), and Open Space (OS), and Change of Zone from County of Riverside Rural Residential (RR) to City, of Temecula Hillside Residential (HR) and Open Space Conservation (OS-C). The density and type of development permitted under the proposed City General Plan designation and proposed zone change will be substantially the same as that now permitted under the County's existing General Plan and zoning designations except that mining and quarry operations would ,be prohibited under the proposed City General Plan designation and proposed zone change. This Project, if approved, would cause changes to the city limits, land use and zoning designations, and change the provider of municipal services from the County of Riverside and the CSA to the City of Temecula and the Temecula Community Services District ("TCSD"). This Project does not include any specific development project, no development application for the Project Area has been proposed to the City and the City has no development proposals for this area. In the event of annexation, any future development applications would be subject to the City's normal processing procedures and the proposed General Plan and zone change. A proposal for a quarry is currently pending before the County of Riverside. Surrounding Land Uses and Setting North: County of Riverside - Rural Mountainous (RM-10 acre minimum lot size); and City of Temecula - Open Space Conservation (OS-C) and Hillside Residential HR-10 acre minimum lot size RAE AREA 128 Santa Margarita Area Annexation\SMAA CEQA INITIAL STUDY2 - 2005.DOC L ? ~ t I West: Rural Mountainous (RM-10 acre minimum lot size) South: County of San Diego - Multiple Rural Use (1du/4,8,20 acres); Public/Semi-Public Lands East: Interstate 15, and Rural Mountainous (RM-10 acre minimum lot size Other public agencies whose approval Riverside LAFCO is required R:\E AREA 128 Santa Margarita Area Annexatiion\.SMAA CEQA INITIAL STUDY2 - 2005.1300 2 I J 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. Aesthetics ✓ Mineral Resources Agriculture Resources Noise ✓ Air Quality Population and Housin Biolo igal Resources Public Services Cultural Resources Recreation Geology and Soils ✓ Trans ortationlTraffic Hazards and Hazardous Materials Utilities and Service Systems H drolo and Water Quality ✓ Mandatory Findings of Significance ✓ Land Use and Planning 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 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. 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 required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothin further is required. aA~-7 Sig ature Date ~1 f~ LE l ~E5 Citv of Temecula . Printed Name For RAE AREA 128 Santa Margarita Area Annexation\SMAA CEOA INITIAL STUDY2 - 2005.DOC 3 - ~b . . . is c:[iii:..:-it.4ia c~ i ro::S'i::~rir~ 't• a' M U O b O N N } F J 4 ZZQ p O U In y 'c ` m AE, o { Q rn m m rv W Q. 1. AESTHETICS. Would the project: h 2 a. Have a substantial adverse effect on a scenic vista? ✓ b. Substantially damage scenic resources, including, but not ✓ limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? C. Substantially degrade the existing visual character or ✓ uali of the site and its surroundings? d. Create a new source of substantial light or glare which ✓ would adversely affect day or nighttime views in the area? Comments: 1.a-d.. The majority of the proposed Project Area is known as the Santa Margarita Ecological Reserve (SMER) and is designated by the County of Riverside General Plan as Open Space Conservation Habitat. This area is undisturbed and kept in its natural state and therefore, scenic vistas are seen throughout the site. The remaining parcels (approximately 688 acres) adjacent to the SMER are mostly uninhabited; however, four custom homes exist. The proposed Project does not involve an action resulting in the approval of any policies that would result in additional impacts to scenic vistas, scenic resources, historic buildings, scenic state highways, the visual character of the site, new sources of substantial' light or glare. The SMER will remain in place if the Project Area is annexed to the City and the proposed General Plan designation and zoning will not alter the SMER. RASE AREA 128 Santa Margarita Area Annexa8on4SMAA CEOA INITIAL STUDY2 - 2005.DOC 5 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: r Rik* J~sYles rtn".; a Svuioe5 :.r.,a. , t s slm . € A Ia ~ra. 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-agricultural use? b. Conflict with existing zoning for agricultural use, or a ✓ Williamson Act contract? C. Involve other changes in the existing environment which, ✓ due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 2.a-c. The proposed Project Area is not designated by the County of Riverside General Plan as Prime or Unique Farmland of Statewide Importance (County of Riverside General Plan Figure OS-2) and would not be designated as such under the proposed General Plan designation or zoning by the City. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Additionally, the proposed Project does not involve an action resulting in the approval of any policies that would result in additional impacts which would: conflict with existing zoning for agricultural. use or Williamson Act contract; or convert farmland to non-agricultural uses. . RAE AREA 128 Santa Margarita Area Annexation~SMAA CEOA INITIAL STUDY2 - 2005.130C 6 4. BIOLOGICAL RESOURCES. Would the project? RM rt' IX ~ St :a "'11~an ,Y a. n a I;iguesan0"8 , ~n'tWl1`sa3Rfc66urygs: :b ' ated' r -~q„- 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? b. Have a substantial adverse effect on any riparian habitat ✓ or other sensitive natural community identified in local or regional plans, policies, and regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? C. 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? d. 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 nurse sites? e. Conflict with any local policies or ordinances protecting ✓ biological resources, such as a tree preservation policy or ordinance? I. 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: 4.a4, The Santa. Margarita Ecological Reserve is located within the proposed Project Area and is part of a "Special Linkage Area" of the Riverside County Multi-Species Habitat Conservation Plan (MSHCP). The Santa Margarita Ecological Reserve encompasses 4,344-acre and a 5-mile stretch of the protected coastal Santa Margarita River. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. The SMER will remain if the Project is approved. The proposed annexation and pre-zoning will not result in additional impacts which would have a substantial adverse effect on any species identified as candidate, sensitive, or special status species in local or regional plans, policies or regulations, or on any riparian habitat or sensitive natural community, or of any federally protected wetlands because, with the exception of mining and quarry uses, the proposed land uses in the annexation area, if the Project is approved, will remain the same. The proposed Project will not interfere with the movement of any native resident or migratory fish or wildlife species or migratory wildlife corridor, or conflict with any local policies or ordinances that protect biological resources including the Riverside County Multi-Species Habitat Conservation Plan. RAE A1EA 128 Santa Margarita Area Annexet1on\SMAA CEOA INITIAL STUDY2 - 2005.DOC 8 } i 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: 71 P I W : x SrN 1eS T~$n : ` ff 89!YrW20t~ Jsf.~es~~B Sh",: ;kitor~Salr#h~UUn;r<s~'.. ,,a «,t {rte : x ~tn~a'd,,.: a. Conflict with or obstruct implementation of the applicable ✓ air quality plan? b. Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? C. 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)? d. Expose sensitive receptors to substantial pollutant ✓ concentrations? e. Create objectionable odors affecting a substantial number ✓ of people? Comments: 3.a-e. The Project may result in potentially significant impacts to air quality. The proposed Project will pre- zone the County of Riverside Mountainous Residential designation to the City of Temecula Hillside Residential designation. The County of Riverside Mountainous Residential designation allows for the extraction of mineral resources with a surface mining permit, whereas; the City of Temecula Hillside Residential designation does not allow for surface mining activities. The County of Riverside is currently reviewing an application for the operation of the Liberty Quarry, which is located within the proposed annexation area. The Liberty Quarry Initial Environmental Study alleges that up to 800 one way daily truck trips may be generated from the operations of the quarry, plus an additional 100 vehicle trips per day for employees and delivery of fuel, cement, supplies and equipment may occur each operational day. The Liberty Quarry Initial Environmental Study also alleges that truck traffic mileage on Interstate 215 and Interstate15 would be substantially reduced with a local source of aggregate (Note: traffic issues related to the Project will be assessed in the draft Liberty Quarry EIR). The Environmental Impact Report for the proposed Liberty Quarry has not been released or reviewed by the City of Temecula and. other interested parties so a complete analysis of the traffic impacts of the proposed quarry are not yet available. If the assumptions in the Initial Environmental Study for the Liberty Quarry are correct and complete and the proposed annexation and pre-zoning were to disallow surface mining operations at Liberty Quarry, then the current volume of truck traffic that traverses the I- 215 and 1-15 to transport aggregate material south of the City of Temecula would continue. Disallowing mining and quarry operations under the City General Plan and zoning designations, may inadvertently result in potentially significant air quality impacts to the area. The Initial Environmental Impact Study for the proposed Liberty Quarry did not fully analyze the air quality impacts of the proposed quarry from dust and local truck traffic, as a result, an EIR should be prepared to assess the impacts associated by the. proposed Project. RAEA\EA 128 Santa Margarita Area Annexation\SMAA CEQA INITIAL STUDY2 - 2005.00C 7 5. CULTURAL RESOURCES. Would the project: 4ssuesaMS """n irdn'rrriaGun§ources' ~ Ga a. Cause a substantial adverse change in the significance of ✓ a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of ✓ an archaeological resource pursuant to Section 15064.5? C. Directly or indirectly destroy a unique paleontological ✓ resource or site or unique geologic feature? d. Disturb any human remains, including those interred ✓ outside of formal cemeteries? Comments: 5.a-d. The Riverside County General Plan indicates there is a low potential for paleontological resources . within the proposed annexation area. Representatives from San Diego State University which operates a research facility on the SMER have identified a potential Native American village in the northern area of the proposed annexation area, additionally many sites where Native American cultural resources have been discovered during construction activities within the southwest portion of Riverside County. The proposed annexation and pre-zoning does not include any development activity as part of the annexation, therefore, no impacts are anticipated to occur to historical resources, archaeological resources, paleontological resources, nor will any human remains be disturbed as a result of the proposed Project; however, the City has a policy of meeting and conferring with representatives of the Pechanga Band of Luiseno Indians to evaluate development sites for potential cultural resources and human remains, and the City imposes conditions requiring the developer of a site to enter into pre- excavation agreements with the Tribe to avoid destruction of cultural resources and human remains and to protect them if found. Upon annexation of the Project Area by the City and at such time that a development plan may be received by the City, the City would require, as a condition of approval on all grading operations, that if cultural resources are discovered during the project construction (inadvertent discoveries), . all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. Less than significant impacts are anticipate as a result of this project. RAE ALFA 128 Santa Margarita Area AnnexaWn\SMAA CEOA W ITO L STUDY2 - 2005.DOC 9 6. GEOLOGY AND SOILS. Would the project: Pc~e~u3~ ~y t6da 'Ness n ~9fia'aM 8ti~ damV a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvin : i. The rupture of a known earthquake fault, as delineated ✓ on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42- ii. Strong seismic round shaking? ✓ iii. Seismic-related round failure, including liquefaction? iv. Landslides? ✓ b. Result in substantial soil erosion or the loss of topsoil? ✓ C. Be located on a geologic unit or soil that is unstable, or ✓ that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B ✓ of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of ✓ septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a-e. The proposed annexation and pre-zoning will not expose people or structures to potentially significant impacts involving: fault rupture, seismic ground shaking, seismic ground failure, landslides. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. The proposed Project Area is not within the Alquist Priolo Fault Zone, or within an area mapped for liquefaction. The. County of Riverside General Plan maps the proposed Project Area as having a high susceptibility for seismically induced landslides and rockslides; however, the Project would only cause changes to the city limits, land use and zoning designations, and change the provider of municipal services from the County of Riverside to the City of Temecula. Therefore, the proposed Project will not result in substantial, erosion or loss of topsoil, or be located on a geologic unit or soil that results in on- or off-site landslide, lateral spreading, subsidence,. liquefaction or collapse. Also, the proposed Project does not involve an action resulting in the approval of any policies that would result in additional impacts which would lead to any development on expansive soil, or involve soils incapable of supporting septic tanks or alternative wastewater disposal systems. Development permitted under the proposed Project would be substantially the same asunder existing Riverside County General Plan and zoning designations, with exception for mining and quarry operations, which would be prohibited under the City land use and zoning designations. RAE MEA 128 Santa Margarita Area Annexation\SMAA CEQA INITIAL STUDY2 - 2005.DOC 10 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: ' .Note y. ' .ss f ;lo Is&re9td[fd'§ ;Ipttfref84unSaiSrmS*~: t . ~ _a:. ' . " ? ,1 e~.. a. Create a significant hazard to the public or the ✓ environment through the routine transportation, use, or disposal of hazardous materials? b. 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? C. 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? d. 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? e. For a project located within an airport land use plan or, ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would ✓ the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an ✓ adopted emergency response plan or emergency evacuation plan? h. 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: 7.a.-g. The proposed General Plan designations and zoning designations upon annexation.by the City will not substantially. change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry' operations. Therefore, the proposed Project will not result in additional impacts which would: create a significant hazard to the public or the environment through the routine transportation, use or disposal of hazardous materials; emit hazardous materials or substances 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; result in a hazard for people residing or working within two miles of a public use airport or private air strip or; impair the implementation of or physically interfere with an adopted emergency response or evacuation plan. RAE AREA 128 Santa Margarita Area Annexation\.SMAA CEQA INITIAL STUDY2 - 2005.130C 11 7.h. The proposed Project is within area where wildland fires may occur; however the Project only proposes changes to the city limits and the provider of municipal services from the County of Riverside to the City of Temecula; the development potential for the Project Area does not substantially change, except that mining and quarry operations would be prohibited under the City zoning. RAE AREA 128 Santa Margarita Area Annexatlon\SMAA CEOA INITIAL STUDY2.2005.DOC 12 i 8. HYDROLOGY AND WATER QUALITY. Would the project: z r , q •1~6UeS And Sif_ ~n`Ih~AddQl{';$oU~CfSv r_ c= < ~ n w a w,vvm he.>: a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? b. Substantially deplete groundwater supplies or interfere ✓ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. 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? d. Substantially alter the existing drainage pattern of the site ✓ or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. 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? f. Require the preparation of a Water Quality Management ✓ Plan? g. 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? IT. Place within a 100-year flood hazard area structures which ✓ would impede or redirect flood flows? i. 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? Inundation b seiche, tsunami, or mudflow? ✓ Comments: 8.a.b. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except that mining and quarry operations would be prohibited. Although no development plans have been submitted to the city, if the Project is approved, any future development would be required to go through the City's development review process. It is not likely that a water and wastewater providers would service this area and therefore independent water wells and septic systems would be necessary for development within the Project Area.. Both, the installation of wells and septic systems must receive permits from the Riverside RAE AREA 128 Santa Margarita Area Annezation\,SMAA CEOA INmAL STUDY2 - 2005.DOC - 13 County Department of Environmental Health prior to approval from the City. Any impacts associated with the water quality standards or waste discharge requirements that would otherwise substantially degrade water quality or the depletion of groundwater supplies or substantial interference with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level would be addressed during the development review process. Less than significant impacts area anticipated. 8.c-f. The proposed Project does not propose any grading; however, there is a potential for future grading to occur if the pre-zoned Hillside Residential area is to develop. If the City annexes the propose Project Area and grading is then proposed within the Project Area, the grading plans will be reviewed by City staff and any impacts to existing drainage patterns of the site would be identified and mitigated through the review process. If a proposed development were to include 10 or more dwelling units, or if a proposed development creates 5,000 square feet or more of impervious surface, or if for hillside development, where it is known that the area includes erosive soil conditions or where grading is proposed on natural slopes of 25% (4:1) or greater, then a Water Quality Management Plan would be required of the development. Although the project does not include any plans for development within the proposed Project Area, the potential run-off created by any qualifying proposed project would be evaluated and mitigation measures (if any) would be identified through the preparation of a Water Quality Management Plan, therefore less than significant impacts are anticipated. 8.g j. The proposed Project is not within a 100-year flood hazard or within an area known to involve flooding, inundation by seiche, tsunami, or mudflow. No impacts are anticipated. RAE A\EA 128 Santa Margarita Area Annexation\SMAA CEQA INITIAL STUDY2 - 2DOS.DOC 14 9. LAND USE AND PLANNING. Would the project: y ss e ads mess Las to x S~ a'1iu5' Aga -n t 46 a. Physically divide an established community? ✓ b. 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? C. Conflict with any applicable habitat conservation plan or ✓ natural community conservation plan? County of Riverside City of Temecula General Plan Zoning General Plan Zoning Rural Mountainous Rural Residential Hillside Residential (HR) Hillside Residential (HR) Maximum Density: Minimum Y2 acre lot. Maximum Density: Minimum 10 acre lot. One dwelling unit per One dwelling unit per ten acres. Uses: Single family ten acres. Uses: Single family residential (1 du), animal residential (1 du), group Uses: Single family keeping, agriculture, home Uses: Single family homes, residential care or residential (1 du), limited occupations, planned residential. treatment facilities, family animal-keeping, residential developments, day care homes, bed and agriculture and mining operations, outdoor breakfast establishments, recreational uses, storage, public utilities, emergency/transitional compatible resource recreation and lodging, shelters, animal keeping, development (which educational institutions, agriculture, public utilities, may include the government, airport or educations institutions, extraction of mineral landing field, cemetery, government, recreation, resources with approval automobile services home occupations and of a surface mining stations, and other non other non residential uses permit) and associated residential uses that are that are either permitted or uses, and governmental either permitted or conditional permitted uses. conditionally permitted pursuant to Section 17.06 pursuant to Riverside of the Temecula Municipal County Ordinance No. 348, Code. Article V, Section 5.1 Open Space- Rural Residential Open Space (OS) Conservation (OS-C) Conservation Uses: Same as above Uses: Public and Minimum 20,000 square Uses: Land designated private areas of, foot lot. for preservation of non- permanent open space MSHCP habitat lands, for recreational uses Uses: Agriculture, protection from natural utility easements, active recreation and ancillary hazards, and fault zones, and uses that are either RAE MEN 128 Santa Margarita Area Annexation\SMAA CEOA INmAL STUDY2 - 2005.DOC 15 t 1 preservation of scenic undevelopable portions permitted or conditional and other natural of floodplains permitted pursuant to resources. Ancillary Section 17.14 of the structures or uses may Temecula Municipal Code. be permitted provided that they further the intent of this designation and do not substantially after the character of the area. Actual building or structure size, siting, and design is determined on a case by case basis. Comments: 9.a-c. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations, except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry operations. The majority of the proposed Project Area is known as the Santa Margarita Ecological Reserve (SMER) and is designated by the County of Riverside as Open Space Conservation Habitat.. This area is undisturbed and kept in its natural state and the remaining parcels adjacent to the SMER are mostly uninhabited. The proposed Project is consistent with the Goals and Polices of the City of Temecula General Plan, and the proposed Project does not involve an action resulting in the approval of any policies which would: divide an established community; conflict with any applicable land use plan, policy, or regulation adopted for avoiding or mitigating an environmental effect; or conflict with an applicable habitat conservation plan. The Project, if approved by the City of Temecula, would however; prohibit the mining and quarry operations. The impacts to the surrounding areas, as a result of prohibiting mining and quarry operations within the Project Area, should be evaluated in an EIR. RAE AREA 128 Santa Margarita Area Annexation)SMAA CEDA INITIAL STUDY2.- 2005.00C 16 10. MINERAL RESOURCES. Would the project: ]ssuesa b rd lukxma5i8n Stionne x v I' tad k ,..i arc a. Result in the loss of availabili of a known mineral Nn ty ✓ resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important ✓ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: 10.a-b. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County.General Plan and zoning designations, except for mining and quarry operations. Thus, a mining and quarry operation which could be conditionally permitted in the Project Area under existing Riverside County General Plan and zoning designations will not be permitted or conditionally permitted under the proposed Project. The Initial Environmental Impact Study for the proposed Liberty Quarry addresses some of these impacts but does not address the potential adverse impacts to the region from a quarry use and therefore, there may be potentially significant impacts to the availability of mineral resources. As a result, an EIR should be prepared to assess these potential impacts associated with the proposed Project. RAE A1EA 128 Santa Margarita Area Annexation\.SMAA CEQA INmAL STUDY2 - 2005.DOC 17 11. NOISE. Would the project result in: P.~T(enua1 P au`p sS '-4 ss' g2 a . .;ISSUC68Pt~=$ . tllP lntortiat~n~oun~"s. . , , G1` .Fled... 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 agencies? b. Exposure of persons to or generation of excessive ✓ roundbome vibration or roundborne noise levels? C. A substantial permanent increase in ambient noise levels ✓ in the project vicinity above levels existing without the ro ect? d. A substantial temporary or periodic increase in ambient ✓ noise levels in the project vicinity above levels existing without the project? e. 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? f. 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: 11.a-d. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry operations. Therefore, the proposed Project does not involve an action resulting in the approval of any policies which would: expose persons to or generate excessive noise levels in excess of standards established in the City of Temecula General Plan; expose persons to or generate excessive groundborne vibrations; expose the vicinity of the Project to a temporary or permanent increase in ambient noise levels; or expose people residing or working in the Project Area to excessive noise levels as a result of being located within the vicinity of an airport. The proposed Project eliminates the potential impact of mining and quarry operations on these issues. No impact is anticipated as a result of the Project. RAE A1EA 128 Santa Margarita Area AnneXatioMSMAA CEOA INITIAL STUDY2 - 2005.DOC - 18 12. POPULATION AND HOUSING. Would the project: a yy ~ - ,s q Mtn @a f i lssuedena: ~fet(~taLo~'SOaYO2 ; ~w:w,r a . . a ~ tl~x _a a 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)? b. Displace substantial numbers of existing housing, ✓ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the ✓ construction of replacement housing elsewhere? Comments: 12.a-c. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County s existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry operations. Therefore, the proposed Project does not involve an action resulting in the approval of any policies which would: directly or indirectly induce substantial population growth; displace substantial numbers of existing housing; or displace substantial numbers of people. No impact is anticipated as a result of the Project. RAE AREA 128 Santa Margarita Area AnnexationASMAA CEQA INITIAL STUDY2. 2005.130C 19 1 'i } 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, In order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: :issues, rd.S ;4ntwrriatiun5cryroes. = ' a' a Ys* - { ux s~ ` C1 E `mod" a. Fire protection? ✓ b.. Police protection? ✓ C. Schools? ✓ d. Parks? ✓ e. Other public facilities? ✓ Comments: 13.a-e.The proposed project would result in the annexation of approximately 4,700 acres from the unincorporated portions of Riverside County into the incorporated City of Temecula. If this Project is approved, it would cause changes to the provider of fire protection, police protection, parks and other public facilities. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry operations. 13.a. Fire Protection The City of Temecula contracts with the County of Riverside to provide fire protection services for its residents and businesses. Fire protection for the proposed Project Area is currently served by Station No. 12 of the Riverside County Fire Department, located in Old Town Temecula. To provide fire protection services to the Project Area, the Riverside County Fire Department has an auto aid agreement with the Cal-Fire, San Diego Unit. The agreement is in place in order to improve the response time for the existing residences within the Project Area. If Riverside County Fire is called to respond to an emergency within the Project Area, the call is routed to Cal-Fire, San Diego Unit; emergency response teams from both Station No. 12 and from Red Mountain Station, located on Mission Road in North San Diego County would respond. The City's Level of Service goal is to provide emergency response within the City is five minutes; the auto aid agreement between Riverside. County Fire and Cal-Fire, San Diego Unit will help the City in reaching this level of service goal. If the proposed annexation is approved, emergency responses would be handled in the same manner under new contract with the City of Temecula. A less than significant impact is anticipated. 13.b. Police Protection The City of Temecula contracts with the County of Riverside Sheriff's. Department for police protection services for its residents and businesses. Currently the County of Riverside Sheriff's Department responds to police protection calls within the Program Area. In the event of a life threatening situation, the County of Riverside Sheriff's Department has a mutual aid agreement with the County of San Diego Sheriff's Department to respond to life threatening call. The City's established Level of Service standard for police protection is one officer per 1,000 residents. If the proposed annexation is approved, police protection services would be handled in the same manner. under new contract with the City of Temecula. A less than significant impact is anticipated. RAE ANEA 128 Santa Margarita Area Annexadon\SMAA CECA INITIAL STUDY2 - 2005.DOC 20 13.c. Schools The Temecula Unified School District (TUSD) currently serves the proposed annexation area and is able to meet the education needs of the current student population within the District boundary. To meet the needs of future students, the District collects Level 1, 2 and 3 Fees in accordance with Government Code Sections 65995.5, 65995.6 and 65995.7 to offset school construction costs as the result of new residential construction. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation, and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except that mining and quarry operations would be prohibited. The proposed Project does not involve an action that results in the approval of any policies that would result in the need for additional schools or school services. Under the proposed Project, the TUSD would continue to serve the Project Area and, therefore, there will be no change in school services if the Project is approved. 13.d. Parks The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry operations. The park acreage standard for the City of Temecula is 5.0 acres of usable City-owned parkland per 1,000 residents. Through the acquisition and dedication of parks within specific plan areas, the City anticipates having sufficient parkland to meet he needs of residents through year 2013. The proposed Project will not result in impacts which require new parks or the expansion of parklands. 13.e. Other Public Facilities The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry . operations. Library services would be provided by the City of Temecula. The City recently opened the Temecula Public Library, located on Pauba Road. The library encompasses over 34,000 square feet. If the Project is approved, any future development would be required to go through the City's development review process. Through the City's development review process, the developer is required to provide evidence from the utility service provider that there is adequate capacity or service available to support the proposed development. The Project is not anticipated to result in additional impacts which will necessitate the need for additional library services, flood control, sewer facilities, water supply or solid waste service. WE AREA 128 Santa Margarita Area AnnexatIon\SMAA CEOA INITIAL STUDY2 - 2005.DOC 21 14. RECREATION. Would the project: ~ ~ e kIa -lssuea.and~S ' "?Y~tpnnatid'n~SoaeceSk. a^,, x„,,fi s ~-y act:.= a. 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? b. Include recreational facilities or require the construction ✓ or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14.a-b. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the Countys existing General Plan designation and. zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry operations. The City's standard for park acreage is 5.0 acres of usable City-owned parkland per 1,000 residents. Through the payment of in-lieu fees and dedication of parks and the joint use of school facilities, the City anticipates having sufficient parkland to meet the needs of the residents through year 2013. The proposed Project will result in less than significant impacts which would: increase the use of existing neighborhood and regional parks such that substantial deterioration of the facility would occur, or require construction or expansion of additional recreational facilities. RAE ANEA 128 Santa Margarita Area Annexatlon\.SMAA CEOA INITIAL STUDY2 - 2005.DOC 22 i I 15. TRANSPORTATION/TRAFFIC. Would the project: a Is'sues2n¢;.4u "~iHaanahe25ources r.:: '7 ate „1 dz 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 congestion at intersections)? b. Exceed, either individually or cumulatively, a level of ✓ service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either ✓ an increase in traffic levels or a change in location that results in substantial safe risks? d. Substantially increase hazards due to a design feature ✓ (e.g., sharp curves or dangerous intersections) or incompatible uses e.. farm equipment)? e. Result in inadequate emergency access? ✓ f. Result in inadequate parking capacity? g. Conflict with adopted policies, plans, or programs ✓ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: 15.a-b. The Project may result in potentially significant impacts to traffic. The proposed Project will pre-zone the Riverside County Mountainous Residential designation to the City of Temecula Hillside Residential designation. The Riverside County Mountainous Residential designation allows for the extraction of mineral resources with a surface mining permit, whereas, the City of Temecula Hillside Residential designation does not allow for surface mining activities. The County of Riverside is currently reviewing an application for the operation of the Liberty Quarry, which is located within the proposed annexation area. The Liberty Quarry Initial Environmental Study alleges that up to 800 one way daily truck trips may be generated from the operations of the quarry, plus an additional 100 vehicle trips per day for employees and delivery of fuel, cement, supplies and equipment may occur each operational day. The Liberty Quarry Initial Environmental Study also alleges that truck traffic mileage on Interstate 215 and interstatel5 would be substantially reduced with a local source of aggregate (Note: these traffic issues related to the County of Riverside surface mining application will be assessed in the draft Liberty Quarry EIR). The Environmental Impact Report for the proposed Liberty Quarry has not been released or reviewed by the City of Temecula and other interested parties so a complete analysis of the traffic impacts of the proposed quarry are not yet available. If the data from the Initial Environmental Study for the Liberty Quarry is correct and complete and the proposed General Plan and zoning designations were to disallow surface mining operations at Liberty Quarry, then potentially significant traffic impacts may result from the proposed Project by the continuation of current volumes of truck traffic that traverses the 1-215 and 1-15 to transport aggregate material south of the City of Temecula. The Initial Environmental Impact Study for the proposed Liberty Quarry does not fully analyze the traffic impacts of the proposed quarry from dust and local truck traffic. As a result, an EIR should be prepared to assess the impacts associated by the proposed Project. . 15.c-g. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City FLAE A\EA 128 Santa Margarita Area Annexation\SMAA CEQA INITIAL STUDY2 - 2005.130C 23 designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry operations. Therefore, the proposed Project will not result in additional impacts which would: change air traffic patterns; increase hazards due to a design feature; provide inadequate emergency access; provide inadequate parking capacity; conflict with adopted polices, plans or programs supporting alternative transportation. RAE MEA 128 Santa Margarita Area Annexation\SMAA CEOA INITIAL STUDY2 - 2005.DOC 24 I 16. UTILITIES AND SERVICE SYSTEMS. Would the project: v A lssOeSan~s "1im~ aaotf~aYf7~: r a _ t . o ea a. Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quality Control Board? b. 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? C. 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? . d. Have sufficient water supplies available to serve the ✓ project from existing entitlements and resources, or are new orexpanded entitlements needed? e. 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? f. Be served by a landfill with sufficient permitted capacity to ✓ accommodate the projects solid waste disposal needs? g. Comply with federal, state, and local statutes and ✓ regulations related to solid waste? Comments: 16.a-g. The proposed General Plan designations and zoning designations upon annexation by the City will not substantially change the uses under the County's existing General Plan designation and zoning designations except that mining and quarry operations would be prohibited under the proposed City designations. Development permitted under the proposed Project would be substantially the same as under existing Riverside County General Plan and zoning designations, except for mining and quarry. operations. Although no development plans have been submitted to the city, if the Project is approved, any future development would be required to go through the City's development review process. Through the City's development review process, the developer is required to provide evidence from the utility service provider that there is adequate capacity or service available to support the proposed development. The proposed annexation and pre-zoning does not include any development activity as part of the annexation, therefore, the proposed Project would not result in additional impacts which would: exceed wastewater treatment requirements of the Regional Water Quality Control Board; result in the construction of new or the expansion of existing water facilities, wastewater treatment facilities, or storm water drainage facilities; negatively impact water supplies; result in inadequate capacity for wastewater treatment facilities; result in inadequate capacity for solid waste disposal; or conflict with federal, state and local statues related to solid waste. RAE A1EA 128 Santa Margarita Area AnnexaBon\SMAA CEQA INITIAL STUDY2 - 2005.130C - 25 i 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: P 14W R U@ 'A K" 16sues and;S s,x1 a. Does the project have the potential to degrade the quality ✓ of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. 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)? C. Does the project have environmental effects which will ✓ cause substantial adverse effects on human beings, either direct) or indirectly? Comments: 17.a-c. If the Project is approved by the City of Temecula, then the SMER will remain as conservation land and the pre-zoned Hillside Residential area will be restricted to minimum lot. sizes of ten acres. Development permitted under the proposed Project would .be substantially the same as under existing Riverside County General Plan and zoning designations, except that mining and quarry operations would be prohibited under the City's General Plan and zoning designations. If mining and quarry operations are prohibited under the City's General Plan and zoning designations, then there would be no potential direct or indirect impacts to the quality of the environment, the habitat of a fish or wildlife species, fish or wildlife populations, plant or animal communities, the number or the range of a rare or endangered plants or animals, important periods of California history or prehistory, or impacts that are cumulatively considerable. However, if mining and quarry operations are prohibited under the City s General Plan and zoning designations,. then the potential direct or indirect impacts associated with the continuation of truck traffic transporting aggregate material south of Temecula along Interstates 215 and 15 may cause substantial adverse effects on human beings. These potential impacts should be evaluated in an EIR. R:tE AEA 128 Santa Margarita Area Annexation\,SMAA CEQA INITIAL STUDY2 - 2005.130C 26 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEOA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(cx3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where the are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b mitigation 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 the address site-specific conditions for the Project. Comments: 18.a-c. City of Temecula General Plan Update - Final EIR, 2005 (City of Temecula Planning Department) SOURCES 1. City of Temecula General Plan (City of Temecula Planning Department) 2. Riverside County General Plan (County of Riverside Planning Department) 3. Riverside County Land Information System Website (www1tima.co.riverside.cams) 4. Riverside County Environmental Assessment Form: Initial Study (Case: SMP 00213) 5. San Diego State University, Santa Margarita Ecological Reserve, Field Station (www.fs.sdsu.edu/kf/reserves/smern RAE AREA 128 Santa Margarita Area Annexation%SMAA CEOA INITIAL STUDY2 - 2005.130C 27 DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) DATED FEBRUARY 15, 2008 hftp://Iaserfiche.citvoftemecula.org/weblink7/ElectronicFile aspx?docid=208281&dbid=2 DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) APPENDICES DATED FEBRUARY 15, 2008 hftp://Iaserfiche.citvoftemecu la.orqtweblink7/ElectronicFile.asax?docid=208289&dbid=2 REVISED NOTICE OF PREPARATION AND INITIAL STUDY JULY 28, 2008 City of Temecula Planning Department Notice .of Preparation To: Attached Distribution List Subject: Notice of Preparation of a Draft Environmental Impact Report Lead Agency: City of Temecula Consulting Finn Planning Department Firm Name: Albert A. Webb Associates 43200 Business Park Drive Street Address: 3788 McCray Street Temecula, CA 92590 City/State/Zip: Riverside, CA 92506 Contact: Stephen Brown, Principal Planner Contact: Richard J. MacHott Phone Number: (951) 694-6400 Phone Number. (951) 686-1070 E-Mail: steve.brown@cityoftemecula.org The City of Temecula Planning Department will be the Lead Agency and will prepare a revised draft Environmental Impact Report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information. which is germane to your agency's statutory responsibilities in connection with the proposed project: Your agency will. need to use the EIR prepared by our agency when, considering your permit or other approval for the project. The project description, location, and initial environmental study are contained in the attached materials. Due to the time limits mandated by State law. Your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. Listed below are the issues to be included in the.draft FIR. The environmental factors checked below N would be potentially affected by this project, -involving at least one impact that is a Potentially Significant7mpact° as indicated by the initial environmental study, a copy of which is attached. El Aesthetics ' ❑ Hazards & Hazardous Materials Public Services Agriculture Resources ❑ Hydrology/Water Quality ® Recreation Air Quality J~ Land Use/Planning Trans ttationffraffic W Biological Resources MineralResources UBlities/Service Systems N Cultural Resources 29 Noise Other Geol /Soils ❑ Population/Housing Mandato Findin s of Significance Please send your response to Stephen Brown at the address shown above. We will need the name for a contact person in your agency. - - R: An tion%Sanp Margarita AmesationXURWevision of Revised NOTTCE;OF PREPARATTON OF A DRAFT ERR 7-22-08.doc. - - I Project Title: Santa Margarita Area Annexation Project Location: The Santa Margarita Area Annexation project site is comprised of approximately 4,997 acres located in the. unincorporated portion of Riverside County, along the northern side of the San Diego-Riverside County line and west of Interstate 15 and the city limits of the City of Temecula (see Figure I Regional Map). This area is comprised of Riverside County's portion of the Santa Margarita Ecological Reserve and adjacent properties (see Figure 2- Project Location Map). The project site is also described as being located within portions of Sections 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, Township 8 South, Range 3 West, San Bernardino Base & Meridian. (Latitude/Longitude: 34'00' 26° North/117' 24' 26° West) Project Description: The City of Temecula is proposing to apply to the Local Agency Formation Commission to annex the area known as the Santa Margarita Area Annexation (SMAA). The SMAA project site consists.of approximately 4,997 acres of publicly- and privately-owned land, most of which is undisturbed natural open space within the Santa Margarita Ecological Reserve (see Figure 2-Project Location). The project area includes 718 acres of private property within which only four lots are currently developed with single-family homes. Within the project area 4,284 acres have a Riverside County General Plan Land Use designation of "Open Space-Conservation Habitat' (OS-CH), while the remaining 713 acres are designated 'Rural-Mountainous". (RM). The OS-CH designation applies to public and private lands conserved and managed in accordance with the adopted Multiple Species Habitat Conservation Plan and other conservation plans. The RM designation is for single-family residential uses with a minimum tot size of 10 acres. Within this designation there is an allowance for limited animal keeping, agriculture,- recreational uses, compatible resource development (mining and quarries), and associated and governmental uses. Currently, most of the project area is zoned "Rural Residential (R-R) which allows a minimum lot size of 0.5 acre. A small area comprised of 116 acres is currently zoned R-A-20 (Residential Agricultural with a 20 acre minimum lot sizeThe majority of the private properties currently have a County land use designation• of RM. The SMAA, if approved, would result in changes to the city limits, and change the County's land use and zoning designations to the most analogous City land use designations and zoning. A significant difference between the City's proposed designations and zoning and those of the County are that the City's designations and zoning for the 718 acres outside the SMER would, unlike the County's designation and zoning,, not permit.quarries and mining. The annexation would also change.the provider of municipal services from the County of Riverside to the City of.Ternecula and the Temecula Community Services District . ("TCSD"). This Project does not include any specific development project- No development application for the Project Area has been proposed to the City, and the City has no development proposals for this area. In the event of annexation, any future development applications would be subject to the City's normal processing procedures and the proposed general plan designations and zoning. The proposed project would, involve a change to City, land use designations and zoning that would preserve most of the; SMAA as open space by assigning an Open Space. land use designation and zoning designation to the property. The remaining portion of the property not designated as Open Space would be designated as Hillside. Residential which would limit development in the remaining area to one single-family dwelling unit per ten acres to buffer the SMER from the potential adverse impacts of denser development and *the potentially adverse impacts of uses now permitted by the County's land use designations and zoning. The proposed Santa Margarita Area Annexation includes the following land use applications: - RMonexation\Sanu Mugarita An "tionTIRXRevision of Revised NOTICE OF PREPARATION OF A DRAFT EIR 7-22-08.dm 2 Planning Application PA07-0225 Planning Application PA07-0225 consists of two components: 1) an amendment to the City of Temecula General Plan (General Plan Amendment) and 2) the Pre-zoning of the subject property (Change of Zone), which are pre-requisites to applying to LAFCO for approval of the proposed annexation, described as follows: • General Plan Amendment proposing to amend the General Plan's Land Use Map to add land use designations over the 4,443 acres of the subject property located not addressed in the City's existing General Plan The 477 acres currently designated 'Rural Mountainous" (1 DU110 AC) in Riverside County will become "Hillside Residential" (1 DU/10 AC) in the City of Temecula, 3,961 acres of the 3,966 acres, designated "Open Space-Conservation Habitat" in the County would be designated "Open Space" in the City and 5 acres currently designated "Open Space-Conservation Habitat in the County will become "Hillside Residential" (1 DU/10 AC) in the city of Temecula. • Change of Zone proposing a change from the current County zoning to City zones by pre- zoning approximately 4,997 acres with zoning designations which follow the same boundaries used for the general plan land use designations including 4,279 acres designated with Conservation District (OS-C), thereby preserving the SMER as open space; and designating the remaining 718 acres designated as "Hillside Residential District" (HR), allowing development of one dwelling unit per 10 acres. The proposed pre-zoning would include provisions to ensure protection of wildlife linkage corridors and compliance with the Western Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP). The Hillside Residential Zone will also be amended to include language that will require all permits to be reviewed to provide protection for unique ridgelines and peaks, significant view sheds, and features such as topography, natural drainage, vegetation, wildlife habitats, movement corridors, etc. The pre zoning, which would only become effective if the proposed annexation is approved. by the Local Agency Formation Commission ("tAFCO"), is the same as the current County zoning except that while it limits development in the 718 acres to the same density of single family residential uses as now permitted by the County, it does not allow other uses now allowed by the County, such as resource recovery (quarries and mining). Planning Application PA07-0226 • Sphere of Influence Expansion proposing the expansion of the city of Temecula's sphere of influence to include. that 4,443-acre portion of the 4,997-acre Santa Margarita Annexation Area . outside of the city s current sphere of influence, with ultimate approval by the Riverside County. local Agency: Formation Commission (IAFCO). • Annexation proposing the annexation'of the Santa Margarita Annexation Area consisting of approximately 4,997 acres into the city of Temecula, with ultimate approval by the Riverside County LAFCO. 7- df- Director of Planning, Debbie Ubnoske Date RAAnnexationlSanu Margarita Avoexation\EIRWevisioo of Revised NOTICE OF PREPARATION OF A DRAFT EIR 7-22-08.doc 3 City of Temecula Planning Department Agency Distribution List PROJECT: Santa Margarita Ecological Reserve Area Annexation DISTRIBUTION DATE: July 28, 2008 CASE PLANNER: Stephen Brown, Principal Planner CITY OF TEMECULA: Building & Safety .........................................(X) CITY OF MURRIETA: Fire Department ..............................(X) Planning (X) Sheriff .(X ( ) Parks BRecreation (TCSD) (X ) Planning, Advance ......................................(X) RIVERSIDE COUNTY: . Public Works ...............................................(X) Airport Land Use Commission..:................. (X) O Engineer (X) Flood Control (X) STATE: Health Department (X) Caltrans (X Parks and Recreation................................. (X) Fish & Game ...............................................(X) Planning Department.................................. (X) Mines & Geology X ) Habitat Conservation Agency (RCHCA)...... (X) Regional Water Quality Control Board (X) Riverside Transit Agency (X) State Clearinghouse ....................................(X) Western Riverside County'Resource State Clearinghouse (15 Copies) .................(X) Conservation Authority (RCA)..................... (X) Water Resources X (j UTILITY: Eastem Municipal Water District (X) FEDERAL: Inland Valley Cablevision (X) Army Corps of Engineers ............................(X) Rancho CA Water District, Will Serve :-(X) Fish and, Wildlife Service...:, ..................(X) Southem.Califomia Gas............ (X) Bureau of Land Management ......................(X) Southern California Edison ( X ...............0 Temecula Valley School District.........:........( X REGIONAL: Metropolitan Water District (X-) Air Quality Management District ..................(X) OTHER: Western Riverside COG O Pechanga Indian Reservation..................... ( X j (j Eastern Information Center........ (X J Local Agency Formation Comm ( X ) RCTC ( X ) Homeowners' Association } San Diego County Planning .(X ) San Diego State University (X) Granite Construction ( X ) The Nature Conservancy (X) R:\Amemuon\Sao a MaWriae Amexaaion\EIRVRevisioo or Revised NOTICE OF PREPARATION OF A DRAFT EIR 7-22-08.doc 4 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Santa Mar arita Area Annexation Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Stephen L. Brown, AICP,.Principal Planner 951 694-6400 Project Location The Santa Margarita Area Annexation project site is comprised of approximately 4,997 acres located in the unincorporated portion of Riverside County, along the northern side of the San Diego- .Riverside County line and west of Interstate 15 and the City limits of the City of Temecula (see Figure 1 - Regional Map). This area is comprised of Riverside County's portion of the Santa Margarita Ecological Reserve and adjacent properties (see Figure 2 - Project Location Map). Project Sponsors Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 General Plan Designation Open Space Conservation Habitat (OS-CH) and Rural Mountainous (County of Riverside RM-10 acre minimum lot size Zoning (County of Riverside) Rural Residential (R-R) and Residential Agricultural with a 20-acre minimum lot size R-A-20 Description of Project The proposed project, known as the Santa Margarita Area Annexation (SMAA), involves a general plan amendment and pre- zoning for a proposed. annexation of unincorporated County of Riverside territory to the City, which consists of approximately 4,997 acres of publicly- and privately-owned land, most of which (4,279 acres) is undisturbed natural open space within the Santa Margarita Ecological Reserve (the "SMER") see Figure 2 - Project Location). The project area also includes 718 acres of private property within which only four lots are currently developed with single-family homes. Within the project area 4,284 acres currently have a Riverside County General Plan Land Use designation of "Open Space-Conservation Habitar (OS-CH), while the remaining 713 acres are 'designated "Rural-Mountainous" (RM)_ The OS-tH designation applies to public and private lands conserved and managed in accordance with the adopted Multiple Species Habitat Conservation Plan and other conservation plans. The RM designation is for single-family residential uses with a minimum lot size of 10 acres.. Within this designation there is an.allowance for limited animal keeping, agriculture, recreational uses, compatible resource development (quarries), and associated and governmental uses. Currently, most of the project area is zoned `Rural Residential" (R-R) which allows a minimum lot size of 0.5 acre. A small areb comprised of 118 acres is currently zoned R-A-20 (Residential Agricultural with a 20 acre minimum lot size). The majority of the private properties currently have a County land use designation of RM. The proposed project would involve a change to City land use designations and zoning that would preserve most of the SMAA as open space by assigning an Open Space land use designation and zoning designation to the property. The remaining portion of. the property not designated as Open Space would be designated as Hillside Residential which would limit development in the remaining area to one single-family dwelling unit per ten acres to buffer the SMER from the potential adverse impacts of denser development and the potentially adverse impacts of uses now permitted by the County's land use designations and zoning. The proposed Santa Margarita Area Annexation includes the following land use applications: Planning Application PA07-0225 Planning Application PA07-0225 consists of two components:, 1) an amendment to the City of Temecula General Plan (General Plan Amendment) and 2) the. Pre-zoning of the subject property (Change of Zone), which are pre-requisites to applying to LAFCO for approval - of the proposed annexation, described as follows: • General Plan Amendment proposing to amend the City's General Plan's Land Use Map with land.use designations over the 4,443 acres of the subject property located not. addressed in the City's existing General Plan. The 477. acres currently designated 'Rural Mountainous" (1 Dwelling Unit/10 Acre) in Riverside County will become "Hillside Residential (1 DUHO AC) in the City of Temecula, 3,961 acres of the 3,966 acres designated "Open Space-Conservation Habitat in the County would be designated `Open Space' in the City and 5 acres currently designated "Open Space-Conservation Habitat in the County will become "Hillside Residential (1. DU110 AC) in the City of Temecula. • Change of Zone proposing a change from the current County zoning to City zones by pre-zoning approximately 4,997 acres with zoning designations which follow the same boundaries used for the general plan land use designations including 4,279 acres designated with Conservation District (OS-C), thereby preserving the SMER as open space; and designating the remaining 718 acres designated as "Hillside Residential District (HR), allowing development of one dwelling unit per 10 acres. The proposed pre-zoning would include provisions to ensure protection of wildlife linkage corridors, and compliance with the Western Riverside County Multiple Species Habitat Conservation Plan (the."MSHCP). The Hillside Residential Zone will also be amended to include language that will require all permits to be reviewed to provide protection for unique ridgelines and peaks, significant view sheds, and features such as topography, natural drainage, vegetation, wildlife habitats, movement corridors, etc. The pre-zoning, which would only become effective if the proposed annexation is approved by the Local Agency Formation Commission ("LAFCO"),. is the same as the current County zoning except that while it limits development in the 718 acres to the same density of single family residential uses as now permitted by the County, it does not allow other uses now allowed b the County, such as resource recovery 2 (quarries and mining). Planning Application PA07-0226 • Sphere of Influence Expansion proposing the expansion of the City of Temecula's sphere of influence to include that 4,443-acre portion of the 4,997-acre Santa Margarita Annexation Area outside of the city's current sphere of influence, with ultimate approval by the Riverside County Local Agency Formation Commission (LAFCO). • Annexation proposing the annexation of the Santa Margarita Annexation Area consisting of approximately 4,997 acres into the City of Temecula, with ultimate approval .bythe Riverside County LAFCO. The SMAA, if approved, would result in changes to the city limits, and change the County's land use and zoning designations to the most analogous City land use designations and zoning. A significant difference between the City s proposed designations and zoning and those of the County are that the-City's designations and zoning for the 718 acres outside the SMER would,, unlike the County's designation and zoning, not permit quarries and mining. The annexation would also change the provider of municipal services from the County of Riverside to the City of Temecula and the Temecula Community Services District ("TCSD"). This Project does not include any specific development project: No development application for the Project Area has been proposed to the City, and the City. has no development proposals for this area. In the event of annexation, any future development applications would: be subject to the Citys normal processing procedures and the proposed general plan desi nations and zoning. ; Surrounding Land Uses and Setting Property to"the north, west and south of the project site consists of vacant land, groves, and scattered large lot residential development South of the project site in San Diego County is also a continuation of the Santa Margarita Ecological. Reserve, and the community of Rainbow is located approxmately 0.5 mile south of the project site on the east side of Interstate 15. East of the 'project site is the existing ci limits'of the Ci of Temecula and Interstate 15: Other public agencies whose approval Riverside Local Agency Formation Commission (LAFCO) 11 is required 3 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. Aesthetics ✓ Mineral Resources Agriculture Resources ✓ Noise _ ✓ Air Quality Population and Housing ✓ . Biological Resources ✓ Public Services ✓ Cultural Resources ✓ Recreation Geology and Soils ✓ Trans ortationfTraffic Hazards and Hazardous Materials ✓ Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance ✓ Land Use and Planning None Determination (To be completed by the lead agency) On the basis of this initial evaluation: find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on. the environment, and an ✓ ENVIRONMENTAL IMPACT REPORT is required. L 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 analyze on the effects that remain to be addressed. I find that although the proposed project could have a significant effecton the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards; and (b) have .been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that, are imposed Upon the proposed project, nothing further is required. 'T• 2$ • pg Signaturell Date City of Temecula Printed Name For 4 SA' RRIS JACINTO HEMET l t MENIFEE LME •r•• ECSINORE s Ga~oa J . MURIPU 6 ~ PFtp::~1f"f~ . SI'~ TEMECULA FALLBROOK u~ a M t o Figure 1 Regional Map V7 "B S 0 2 4 6 Santa Margarita Area Annexation G.,\2007\07-0090%Gis\vicinity.mzd; Map created July 24,2007- - r' ' ~ ~ m o d . rr IAtN e' ~ o o U u.~r gyp, VIA VdGWERO'RD ~ _ ~ pv G 2m ' t QP - z .Riverside County ' San Dieg County ' ~ Legend Y ~Project Boundaries R = Existing City of Temecula Boundary 8 r [ 1 Existing Temecula Sphere of Influence Source: USGS 7.5min Quad N DRG: Temecula - Figure E Project Location n 11 L• DB o : 2,000 4,000 6,000 Santa Margarita Area Annexation , Feet G:\7007\07-00901Gis%NOP_Projw_Lo ion.mad; Map created June 18, 2008 1. AESTHETICS. Would the project: 6S, 'r'"e'< .~a6on9 writ r.., .m'".. ..z-.. - eW's a a.. `;'x •1 i:,; '=WI xh -`-1 ted<' d act a. Have a substantial adverse effect on a scenic vista? ✓ b.. Substantially damage scenic resources, including, but not ✓ limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? . C. Substantially degrade the existing visual character or ✓ quality of the site and its surroundings? d. Create a new source of substantial light or glare which ✓ would adversely affect day or nighttime views in the area? References: 1, 2, 9,18 Comments: 1.a. The Riverside County General Plan and County General Plan's Southwest Area Plan identify the ridgeline westerly of Interstate 15 as_a scenic vista that merits conservation in accordance with the Scenic Resources section of the Multipurpose Open Space Element of the County's General Plan. According to the Southwest Area Plan, in order to maintain the natural appearance of this ridgeline, developments located within one-half mile of the ridgeline are reviewed in an effort to ensure that buildings and roof tops do not project above the ridgeline as viewed from the Temecula Basin. The majority of the area proposed for annexation (4,279 acres) will be designated by the City of Temecula General Plan as "Open Space% the remaining area (718 acres), in which only four lots are currently developed with single-family homes,. will be designated "Hillside Residential". According to Title 17.06.040 of the City of Temecula's Municipal. Code, dwelling units under the "Hillside Residential" designation require a minimum lot size of ten acres; maximum height of 35 feet; and limit lot coverage to ten percent The proposed project includes pre-zoning (Planning Application PA07-0225) which, if adopted, will establish regulations applicable to the SMAA that wi l limit the effect of development within the SMAA upon scenic vistas. Compliance with existing City code and the proposed pre-zoning would ensure that dwelling units would not have an adverse effect on the scenic vista (e.g. ridgeline). No impact will occur. 1:b. The Riverside County General_ Plan and Southwest Area Plan identify Interstate 15 as an Eligible State Scenic Highway due to its mountain views: The SMAA involves the annexation of approximately 4,997 acres of unincorporated Riverside. County territory to the City of Temecula; however, the land use designations and zoning are consistent with the relevant policies of both the County s General Plan and the City's General Plan. According to Title 17.06.040 of the City of Temecula's Municipal Code, dwelling units under the `Hillside Residential" designation require a minimum lot size of ten acres; maximum height of 35 feet; and limit tot coverage to ten percent The proposed project includes pre- zoning (Planning Application PA07-0225) which, if adopted, will establish regulations applicable to the SMAA that will limit the effect of development within the SMAA upon scenic resources. Compliance with existing City, code and the proposed pre-zoning would ensure that 'dwelling units would not have a significant adverse effect on scenic resources. Therefore, the proposed project will not damage scenic resources, including trees,-rock outcroppirigs,.or historic buildings within a state. scenic highway. No impact will occur. 1.c. The proposed project includes the extension of the Citys sphere of influence to include 4,443 acres now in unincorporated County territory and concurrent Santa Margarita Area Annexation (SMAA) of a total of 4,997 acres to the City. Approximately 713 acres within the project area are designated by the Riverside County General Plan as "Rural Mountainous" and approximately 4,284 acres are designated RWhriexation\Santa tvtargadta AnnexationURlAccepted charges to Revision of Revised Draft Initial Study 7-22-08.doc - - 7 "Open Space-Conservation Habitat'. The majority of the area proposed for annexation (4,279 acres) Will be designated by the City of Temecula General Plan as "Open Space the remaining area (718 acres) will be designated "Hillside Residential". The proposed project includes pre-zoning (Planning Application PA07-0225) which, if adopted, will establish regulations applicable to the SMAA that will limit the effect of development within the SMAA upon the existing visual character and quality of the site and its surroundings. The introduction of low density residential units developed in compliance with Title 17.06.040 of the City of Temecula Municipal Code and the proposed pre-zoning that might occur pursuant to the proposed land .use designations would not substantially degrade the visual character or quality of the site and its surroundings. A less than significant impact will occur. IA The SMAA project area is located within Zone B (located within 45 miles radius of Mt. Palomar Observatory) of the Riverside County General Plan's Mt. Palomar Nighttime Lighting Policy Area. The City of Temecula adheres to Riverside County Light Pollution Ordinance No. 655 in order to reduce glare that would adversely affect nighttime or daytime views in the area. Future development within the project area would be required to comply with the provisions and lighting restrictions listed in Ordinance No. 655, as implemented by the City of Temecula; therefore, a less than significant impact will occur. R:V=exation\Sanfa Margarita ArmexatiorAEt . wge RVlaepted changes to Revision of Revised Draft Initial Sliidy 7-71-08.AOC - 8 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: t v ~ r~yr ' S2"'~''. p r t 4 .t Wiz{ t WL ; I 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 Agency, to non-agricultural use? b. Conflict with existing zoning for, agricultural use, or a ✓ Williamson Act contract? C. Involve other changes in the existing environment which, ✓ due to their location or nature, could result in conversion of Farmland, to non-agricultural use? References: 2, 3, 15 Comments: 2.a. The SMAA project area is almost totally (4,955.8 acres) identified by the Califomia.Resource Agency's Farmland Mapping and Monitoring Program maps as "Other Land". A small portion of the project site, located within the Santa Margarita Ecological Reserve (SMER) adjacent to the San Diego County line Is identified as "Unknown" (33.7 acres) and 'Farmland of Statewide Importance" (7.5 acres). Since the proposed project will not result in any development within the SMER, the project will have no impact upon Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the project would not convert identified Farmland to non-agricultural use. No impacts will occur. 2:b. The project area is currently zoned R-R with the exception of 118 acres located along the northernmost boundary of the project area, which are zoned R-A-20. As part of the proposed Project, the project area will be pre-zoned, with land use designations consistent with the City of Temecula's,chosen general plan land use designations of "Open Space" and 'Hillside Residential". The R-A-20 zoning allows for limited agricultural use. The proposed HR zoning would continue to allow limited agricultural use. There is no Williamson Act contract within the project area., The proposed Project will not conflict'with existing zoning for agricultural use or a Williamson Act contract. No impacts will occur. 2.c. The proposed project area is almost totally identified by the California Resource Agency's Farmland Mapping and Monitoring Program maps as `Other Land". A small portion of the project `site, located within the Santa. Margarita Ecological Reserve (SMER) adjacent to the San Diego County line is identified as `Unknown' and "Farmland of Statewide Importance." Since the proposed project will not.' result in any development within` the SMER, the project will have no impact upon Prime Farmland, Unique Farnland, or Farmland of Statewide Importance; therefore, the proposed Project would not involve changes in the existing environment that will result in conversion of Farmland to non-agricultural use. No impacts will occur. . POAmexationlSanta Margarita AmexationORIAccepted changes to Revision of Revised Draft initial Study 7-22-08.doc - . 9. 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: r«e~rF Pl~ BOA pX n Y a. Conflict with or obstruct implementation of the applicable , ✓ air quality plan? b. Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? C. 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)? d. Expose sensitive receptors to substantial pollutant ✓ concentrations? e. Create objectionable odors affecting a substantial. number ✓ of people? References: 6, 7 Comments: 3.a. The AQMP for the SCAB sets forth a comprehensive program .that will lead the SCAB into compliance with all federal and state air quality standards. The AQMP control measures and related emission reduction estimates are based upon emissions projections for a future development scenario derived from land use, population, . and employment characteristics defined in consultation with local governments. Accordingly, conformance with the AQMP for development projects. is determined by demonstrating compliance with local land use plans and/or population projections or evaluation of assumed emissions. The 2007 AQMP was developed based on SCAG population projections for the region. The population . . projections made by SCAG are based on existing and planned land uses as set forth in the,various general plans of local govemmental jurisdictions within the region. The proposed project includes the extension of the City's sphere of influence to include 4,443 acres now in unincorporated County territory and concurrent Santa Margarita Area Annexation. (SMAA) of a total -of 4,997 acres to the City. The forthcoming EIR will address whether or not the proposed project. will conflict with or obstruct implementation, of the AQMP. 3.b-c. The majority of the area proposed for annexation (4,279 acres) is located within the SMER and will be designated by the Temecula General Plan as "Open Space' and would remain undeveloped.'The remaining area (718 acres) will be designated "Hillside ResidentiaP with the potential for construction of approximately 81 single-family dwelling units.. Construction of these residences has the potential to violate air quality standards. Development of the residences allowed by the proposed project also, has the potential to violate air quality standards or contribute substantially to an existing or project airquality violation through short-term construction emissions of fugitive dust and other particulate matter as well as exhaust emissions and through long-term operational emissions due to on-road motor vehicles emissions. The short-tens and long-term emissions have the potential to increase criteria pollutant for which the regions is in non-attainment under federal and state ambient air quality standards. An EIR will address whether development as a result. of the proposed project would result in any violation of air quality standards, increase any criteria pollutant for which the project region is in non-attainment or have a significant, adverse cumulative impact. ` R:Wnnexation\Santa Margarita MvrexationlElRlAcxepted dmruJes to Revision of Revised Draft Initial Study 7-22-08.doc 10 3.d. Existing .land uses, both within and adjacent to, the proposed project site includes existing residences. The forthcoming EIR will analyze short-term emissions and applicable localized significance thresholds (LSTs) to determine if sensitive receptors within the project site would be exposed to substantial pollutant concentrations. 3.e. The land use designations contemplated by the proposed project (large-lot residential development and open space) are not the types of uses that typically generate odors. However. the project presents the potential for generation of objectionable odors from diesel exhaust during construction and, paving architectural coatings applications during construction to the immediate vicinity. of the project site. The forthcoming EIR will address whether or not a substantial number of people will be significantly impacted by such odors. R.-lhnriexation\santa MaKiaft AnnexationORlAccepted changes to Revision of Revised Draft Initial Study 7-22-08.doc - - - 4. BIOLOGICAL RESOURCES. Would the project? 1, All' - IssYs ands` ,mt ^ 44ik5otrrS. , ' ' " 'reii- , rt 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? b. Have a substantial adverse effect on any riparian habitat ✓ or other sensitive natural community identified in local or regional plans, policies, and regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? - C. 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? d. 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 nurse sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat ✓ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? References: 5, 8, 13 Comments: 4.a-b. The SMAA consists of approximately 4,997 acres of mostly undeveloped land and a five-mile stretch of the protected Santa Margarita River. The majority of the project area is undisturbed and in a pristine. natural area, including 4,279 which have been conserved in the Santa Margarita Ecological Reserve (SMER). The SMER includes lands owned and/or administered by the Bureau of Land Management (Area of Critical Environmental Concern), California Department of Fish and Game, San Diego State University, San Diego State University Foundation and others. The project area is located within the Western Riverside County Multiple Species Habitat. Conservation Plan. (MSHCP) and.contains the western terminus of the Santa Ana-Palomar Mountains Linkage, which provides the only remaining natural habitat connection for the coastal Santa Ana Mountains to inland ranges. Areas identified as Linkages in the MSHCP may provide movement Habitat but not Live-In. Habitat for some species, thereby functioning more as movement corridors. The annexation area represents a significant area of value for native wildlife and a great variety of sensitive biological resources are known to exist or potentially exist within the undeveloped portions of the surrounding land. The proposed project involves the annexation of approximately 4,997 acres of unincorporated Riverside County territory to the City of Temecula, and the concurrent extension of the city's sphere of influence to include that portion of the annexation area not currently withiri the citys I'M mexationzanta Margarita AnnezationWIRXAa ed-charges to Revision of Revised Draft Initial Study 7-22-08.doc - 12 sphere (4,443 acres). Most of the project area is in the SMER and will remain as open space, but approximately 718 acres of the annexation of the area will have the potential for development with single-family residences at a density of one unit per 10 acres. An EIR will be prepared to further assess potential impacts of the SMAA to species identified as a candidate, sensitive or special status species and any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the CDFG or US Fish and Wildlife Service. . 4.c. The Santa Margarita River begins northeast of the project site at the confluence of Temecula Creek and Murrieta Creek at the Temecula city limits. The five mile stretch of the river that flows through the project area has a diverse array of plant and animal species whose habitats are contingent on the flow of the river. The potential impact of the Santa Margarita Area Annexation to federally protected wetlands as defined by Section 404 of the Clean Water Act will be addressed in a forthcoming EIR 4.d. The project area contains the western terminus of the Santa Ana-Palomar Mountains Special Linkage Area as identified in the. MSHCP and by South Coast Missing Linkages. This linkage joins the Santa Ana Mountains and its coastal lowlands to the Palomar Mountains and inland ranges of San Diego County, serving to connect extensive natural areas of Cleveland National Forest (CNF) and Camp Pendleton, the largest. contiguous block of coastal habitat remaining in the ecoregion. The EIR will assess if the Santa Margarita Area Annexation.project would interfere substantially with the movement. of native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or if it would impede the use of native wildlife nursery sites. 4.e. The Santa Margarita Ecological Reserve is located within the proposed Santa Margarita Area Annexation project is part of a 'Special Linkage Area" of the MSHCP. The EIR will assess if the Santa Margarita Area Annexation conflicts with any local policies or ordinances protecting biological resources. 41 The SMAA is located within the geographic area covered by, the MSHCP and the City of Temecula is an MSHCP participating jurisdiction. The forthcoming EIR will evaluate the project Project's consistency with the MSHCP and will assess if the SMAA conflicts with the provisions of the MSHCP and any other applicable adopted Habitat Conservation Plan, Natural Community Conservation Plan, or. other approved habitat conservation plan. R:VVvmxation%Santa Margarita AnnezationORViccepted changes to Revision of Revised Draft Initial Sh* 7-22-08.doc - 13 5. CULTURAL RESOURCES. Would the project: `s4..- a. Cause a substantial adverse change in the significance of ✓ a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of ✓ an.archaeol ical resource pursuant to Section 15064.5? C. Directly or indirectly destroy a unique paleontological ✓ resource or site or unique geologic feature? d. Disturb any human remains, including those interred ✓ outside of formal cemeteries? References: 2, 5 Comments: - 5.a-d. The Riverside County General Plan indicates there is a. low potential for paleontological resources within the proposed. SMAA. Representatives from San Diego State University, which operates a research facility on the SMER, have identified a potential Native American village in the northern area of the proposed annexation area. The SMAA does not include specific design considerations to avoid potential project impacts to historic, archaeological, or paleontological resources within the project area. However, the proposed general, plan designations and zoning provide for open.space preservation of appropmately 4,279 acres which preclude. development thereby preserving historic, archaeological, or paleontological resources within that area. The remaining 718 acres of the annexation area would allow development. The E1R, which will be, prepared for the proposed project, will assess in mote detail potential impacts associated with the proposed project to historical, archaeological, paleontological, and human remains in the project area. R Anwxation\santa Margarita.Mnexation.WIMocepted.charges to Revision of Revised Draft InWW'Shdy.1-22-08.dm - 14 6. GEOLOGY AND SOILS. Would the project: ~ssUi'F ardtS~ a_ - a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvin : 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. o. Strong seismic round shaking? ✓ iii. Seismic-related round failure, including liquefaction? iv. Landslides? ✓ b. Result in substantial soil erosion or the loss of topsoil? ✓ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, . and potentially result in on- or off-site landslide, lateral Spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform: Building Code (1994), creating substantial risks to fife or propertp 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? References: 2,18 Comments: 6.a.i4v. The proposed SMAA will not expose people or structures to potentially significant impacts involving: fault rupture, seismic ground shaking, seismic ground failure, landslides. The proposed project includes the extension of the City's sphere of influence to include 4,443 acres now in unincorporated County territory and concurrent,Santa Margarita Area Annexation (SMAA) of a total of 4;997 acres to the City. Approximately 713 acres within the,project area are.designated by the Riverside County -General Plan as 'Rural Mountainous' and approximately 4,284 acres. are designated "Open Space-Conservation Habitat". The majority, of the area proposed for annexation (4,279 acres) will be designated by the Temecula General,Plan as "Open Space"; the remaining.area„ (718 acres) will be designated "Hillside Residential' with development potential of 81 single-family dwelling units. . t. According to the Riverside County General Plan, the SMAA is not within a State .of California Earthquake Fault Zone. No impact will occur. tt.. The Elsinore Fault, located in proximity to the.eastem boundary; of the proposed project area, is one of the largest in. southern California and, in historical times,. has been one of the quietest. The ,proposed, project would ,cause changes to the city limits and land use, and zoning designations. The low density residential development that might occur pursuant. to such changes does not constitute a significant change over existing conditions, due to the maximum number of dwelling units and the development density allowed (approximately 81 dwelling units developed at 1 dwelling unit per 10 acres)..All structures will be constructed in compliance with existing seismic safety regulations of the California Uniform Building Code, which requires the use of site-specific engineering and-construction standards identified for the applicable class of RiAnmxationxsanta Margarita Annexa6on%E1RV=Wted changes to Revision of Revised. Draft initial Study 7-22.08.doc - - 15 seismic hazard. A less than significant impact will occur with compliance existing safety regulations. iii. According the Riverside County General Plan, the SMAA is not located with an area listed as susceptible to liquefaction. No impact will occur. iv. The County of Riverside General Plan maps the proposed project area as having a high . susceptibility for seismically-induced landslides and rockslides. The proposed project would permit an estimated 81 single-family dwelling units to be developed under the proposed land use designations and proposed pre-zoning; however, per City of Temecula and State building codes, all new development will be required to incorporate appropriate design and construction measures to guard against ground shaking hazards, including seismically-induced landslides and rockslides that may occur in the project area. All structures will be constructed in compliance with existing seismic safety regulations of the California Uniform Building Code, which requires the use of site-specific engineering and construction standards identified for the applicable class of seismic hazard. The City of Temecula requires geological and geotechnical investigations on properties where new development is proposed and seismic and geologic hazards are of concern (City of Temecula Municipal Code, Section 18.06.060). Less than significant impacts will occur through the application of these policies and continued standard permit review and building practices. 6.b. The proposed project would result in changes to the city limits and land use and zoning designations. The proposed general plan designations and zoning provide for open space preservation of approximately 4,279 acres and would permit the development of an estimated 81 single-family dwelling units. During the construction phase of the residences, grading could temporarily expose soil surfaces to erosion or loss of topsoil. However, compliance with City grading requirements (Title 18 of City of Temecula Municipal Code) will reduce impacts to less than significant levels. 6.c-e. The proposed project is located in an area susceptible to landslides. Although no recent landslides have occurred in the area, potential landslide conditions exist in the project area where slopes are greater than 15 percent. However, per City of Temecula and State building codes, all new development will be required. to incorporate appropriate design and construction measures to guard against ground shaking hazards, including seismically-induced landslides and rockslides, which may occur in the project area. All structures will be constructed in compliance with existing seismic safety regulations of the California Uniform Building Code, which requires the use of site-specific engineering and constriction standards identified for the applicable class of seismic hazard and will be in compliance with Titles 15 and 18 of the City of Temecula Municipal Code. The potential for liquefaction is dependent on type of soil and presence of water. The project is not located in an area susceptible to liquefaction4nduced lateral spreading. The soil in the eastern part of the project area is part of the Cieneba-Roddand-Falibrook association and characterized by well- drained soils. The westem portion of the project area is part of the Cajalco-Temescal-Las Posas association which is characterized as well-draining soil in undulating to steep areas. These soils are not highly susceptible to liquefaction or lateral spreading. The project area is not located in an area highly susceptible to seismically-induced .subsidence, which generally occurs in alluvial surfaces, poorly consolidated soils, and in conditions similar to liquefaction- susceptible areas. All structures will be constructed in compliance with existing seismic safety regulations of the California Uniform Building Code, which requires the use of site-specific engineering and construction standards identified for the applicable class of seismic hazard, therefore, less than significant impacts will occur. R:Wtnemlion\santa Margarita AnnemuonwifrAccepted changes to Revision of Revised Draft Initial Study 7-2M8.doc - - ' 16 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: v a. Create a significant hazard to the public or the ✓ environment through the routine transportation, use, or disposal of hazardous materials? b. 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? Q 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? d. 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? e. 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 world in the r 'ect area? f. For a project within the vicinity of a,private airstrip,.would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an ✓ adopted emergency response plan or emergency evacuation plan? h. 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? References: 1, 2, 9 Comments: 7-a-b. The SMAA. proposes the annexation of approximately 4,997 acres of unincorporated Riverside County territory to the. City of Temecula, and the concurrent :extension of the city's sphere of influence to include that portion of the annexation area not currently within the city's sphere (4,443 acres). The land uses allowed under the proposed changes in land designation and zoning under the proposed project do not permit land uses that will require transport or use of hazardous materials, other than typical" household products and those associated with the limited agricultural uses allowed within Hillside. Residential zoning. Therefore, the proposed project will not create a significant hazard through the transport, use, or disposal of hazardous materials; and will not create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials. A less than significant impact will occur. 7.c. The SMAA involves changes in land designation and zoning associated with the annexation of 4,997 acres of unincorporated. Riverside County territory to the City of Temecula. There are no existing or R:\A =xation\Santa Margarita Annmt1 XEJRWcepted charges to Revision of Revised Draft Initial Study 7-22-08.doc . proposed schools within one-quarter mile of the non-open space designated portion of the project site. The introduction of low density residential development that might occur pursuant to the proposed "Hillside Residential' land use designations that-would be permitted do not involve the emission or handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact will occur. 7.d. The SMAA project area consists of approximately 4,997 acres of mostly undeveloped land and a 5-mile stretch of the protected Santa Margarita River. The majority of the project area is undisturbed and in a .pristine natural area, including 4,279 acres within the project boundary which have 'been conserved in Santa Margarita Ecological Reserve (SMER).The project area is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. No impact will occur. 7.e-f. The SMAA is not located within two miles of a public use airport or private air strip and is not located within the French Valley Airport Influence Area. The French Valley Airport is over four miles to the northeast of the project area. No impact will occur. 7.g. The SMAA involves changes in Land designation and zoning associated with the annexation of 4,997 acres of unincorporated Riverside County territory to the City of Temecula. Low density residential development that might occur pursuant to the proposed land use designations will not interfere with an adopted emergency response plan or emergency evacuation plan. No impact will occur. 7.h. The Wildfire Susceptibility map in the Riverside County General Plan (Figure S-11) indicates that the SMAA project is within an area identified as having high susceptibility for wildfires. The City of Temecula contracts with the C6unty of Riverside to provide fire protection services for its residents and businesses. Adequate fire protection for the proposed project area is currently served by Station No. 12 of the Riverside County Fire Department,. located in Old Town Temecula. To pmvide fire protection services to the. project area, the Riverside County Fire Department has an auto aid agreement with the Cal-Fire, San Diego Unit. The agreement is in place in order to improve the response time for the existing residences within the Project Area. If Riverside County Fire is called to respond to an emergency-within the Project Area, the call is routed to Cal-Fire, San Diego Unit; emergency response teams from both Station No. 12 and from Red Mountain Station, located on Mission Road in North San Diego County would respond. Development permitted under the proposed project would permit approximately 81 additional single-family dwelling units; although the majority of project area will remain open space. Emergency response will be handled in the same manner under new contract with the City of Temecula. Future development within the "Hillside Residential" area will be required to comply with the California Public Resources Code, Sections 4291-4299, the fire policies and regulations of the City of Temecula including the Uniform Fire Code and Uniform Building Code, and the Riverside County Master Fire Protection Plan. A less than significant impact will occur. k.wmembon\santa "airita-AmmmtiohWIRVkccepted charges to Revision of Revised Draft Initiat Study 7-22-08.doi 18 8. HYDROLOGY AND WATER QUALITY. Would the project: r & e . Ntitmvaa r l:>i- 53nH,~ ~z'o 3 _I ~s - a. Violate any water quality standards or waste discharge ✓ .requirements or otherwise substantially degrade water oualitV? b. 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 pftrmits have been ranted? C. 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? d. Substantially alter the. existing-drainage pattern of the site ✓ or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. 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? f. Require the preparatiomof a Water Quality Management ✓ Plan? g. 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? h. `Place within a 100-year flood hazard area structures which ✓ would impede or redirect flood flows? I. Expose people or structures to a significant risk of loss, ✓ injury or death involving flooding, induding'flooding as a result of the failure of a levee or dam? Inundation b seiche, tsunami, ormudflow? ✓ References: 1, 2, 9, 18, 19, 22 Comments: I 8.a. The SMAA involves changes in land designation and zoning associated with the annexation of 4,997 acres of unincorporated Riverside County territory to the City of Temecula: Title 18.15.020 and ,.Title 8.28:500 require all individually proposed' construction and grading projects to implement measures to ensure that pollutants from the site will be reduced to a maximum extent practicable and not to cause or contribute to an exceedance of water quality objectives as described in the San Diego Regional Water Quality Control Board basin plan.. Additionally, paragraph A of Title 8.28.500 requires new development and modifications to existing development to "be designed to control pollutants in stonnwater and urban runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of receiving waters." A less than significant impactmill occur, . 1R:W iexation%Santa Marganta AnnexationOR l"ted charges to Revision of Revised Draft Initial Study 7 YL-0S.doc 8.b. The Rancho California Water District (RCWD) is the water service provider to only a small portion of the northern portion, of the project area. The remaining portion of the project area is outside of the service area of RCWD and outside of the services areas of neighboring water districts (Rainbow Water District, Eastern Municipal Water District, Western Municipal Water District, and .the Fallbeook Public Utilities District Existing inhabited properties in the area utilize private water wells for potable water. Due to the terrain and limited demand, private water wells are anticipated to.continue to be the only source of potable water for developable property within the annexation area. The RCWD estimates a daily per capita domestic water use of 234 gallons per day. Based on the City s standard of 3.24 persons per household there could be 263 additional people living within the project area being added to the City of Temecula's population, resulting in an increased annual demand for water of approximately 68.9 acre- feet per year. However, the SMAA is primarily not located over a groundwater basin and the area is not a recharge area for nearby groundwater basins. Therefore, there is no identified reliable on-site source of groundwater that would be accessible by individual wells within the SMAA. Individual property owners will be required to provide adequate water to provide for domestic use and fire protection and may be required to construct water tanks filled with water delivered from off-site sources by trucks. The source of this water would potentially be groundwater. from .the Temecula-Murrieta Basin utilized by water service providers in the Temecula area. RCWD indicates that the Temecula-Murrieta Basin has a safe/operating yield of 34,400 acre-feet per year (AFY) with an average annual production of approximately 31,700 AFY. Therefore, the addition of approximately 68.9 AFY would not substantially deplete groundwater supplies and the proposed project will not interfere substantially with groundwater recharge. A less than significant impact will occur. 8.c-f. The SMAA involves the annexation of approximately 4,997 acres of unincorporated Riverside County territory to the City of Temecula, and. the concurrent extension of the city's sphere of influence to include that portion of the annexation area not currently -within the city's sphere (4,443 acres). The majority of the area proposed for annexation (4,279 acres) will be.designated by the City of Temecula General Plan as "Open Space°; the remaining area (718 acres) will be designated "Hillside Residential". The proposed project does not propose any grading; however, there is a potential for future grading to occur if the proposed "Hillside Residential" area is developed. Development in the project area.will be subject to Title 18.15.020 of the Temecula Municipal Code that requires all individually proposed construction and grading projects to implement measures to ensure that pollutants from the site will be reduced to the maximum extent -practicable (MEP) and will:not cause or contribute to an exceedance of water quality objectives. According to Title 18.15.040, no grading work will be allowed on any `single grading site under permit unless the city engineer has approved an erosion and sediment control plan. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters; curbs, gutters,. streets, drainage inlets, private and public storm: water conveyance systems, environmentally sensitive areas, adjacent properties and watercourses. In addition to the` above requirements, projects disturbing one acre or more of-sob are required to generate a storm water pollution prevention plan (SWPPP)'per the state general construction permit No impacts will occur. 8.gd. The SMAA.consists of approximately 4,997 acres of mostly undeveloped land. The majority of the area proposed for annexation (4,279 acres) will be designated by the City of Temecula General Plan as 'Open Space"; the remaining area (718 acres) wilt be designated 'Hillside'Residential'. The proposed "Hillside Residential' area is not within an identified 100-year flood hazard or within an area known to involve flooding, inundation by seiche, tsunami, or mudflow. No impacts will occur. R: Annexation\Santa Ma rda Annexati onO i. rga RVlccepted dwges to Revision: of Revised Draft Initial Study:7-22-08.doc 20 9. LAND USE AND PLANNING. Would the project: s ° .....x slSStleY'-and, ' 16f" • ~a6~an SiN"ces . ~ r a. Physically divide an established community? ✓ b. 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? C. Conflict with any applicable habitat conservation plan or ✓ natural community conservation plan? References: 2, 9, 18 - Comments: 9.a. The proposed project is not located within an established community. The proposed project does not involve an action resulting in the approval of any policies or development which would divide an established community. No impacts are anticipated. 9 b. The agency that currently has land use jurisdiction over the project site is the County of Riverside. The County of Riverside land use plan, policies, and regulations currently applicable to the project site are the County of Riverside General Plan, the MSHCP; and the Countys Land Use Ordinance (Ordinance No. 3481. If the. Santa Margarita Area Annexation is approved, the City of Temecula will be the agency with the land use jurisdiction over the project area. At that time, the land use plan, policies and regulations applicable to the project site will include the Temecula General Plan, Temecula Municipal Code, and the MSHCP. The proposed project will result in a change of the land use designation for approximately 554 acres located: within the city's sphere of influence from the County of Riverside "Open Space-Conservation Habitat' (OS-CH) and "Rural Mountainous" (RM) designation to "Open Space" (OS) and "Hillside Residential' (HR) as. currently shown on the City's General Plan. The proposed Project also includes a General Plan Amendment that will adopt land use designations for approximately 4,443 acres of the subject property located outside of the citys current sphere of influence. The County's General Plan's current land use designations for the 4,443 acres are "Open Space -Conversation Habitat" (OS-CH) and "Rural Mountainous' (RM) and would permit the development of single-family homes, agriculture, recreational uses and mineral resource recovery (including quarries and mining). A maximum of 80 new dwelling units may be developed within that portion of the project area currently designated RM. The majority of the area proposed for annexation (4,279 acres) is in the SMER and will be designated by the City of Temecula General Plan as "Open Space" and would remain undeveloped; the remaining area (718 acres) will be designated. "Hillside Residential" with the potential for development of a maximum of 81 additional single-family dwellings. Both land use descriptions define the same level of residential use intensity in an area expected to have steep slopes and development constraints and permit development of one single-family dwelling unit per 10 acres in the area outside the SMER. The designations do, however, have a few differences related to alternative and ancillary uses. A major difference between the jurisdictions is that mining operations are permitted under the county's RM land use designation but the City of Temecula does not include this activity under the HR land use designation. The open space designations under both the County and City General Plan intend the preservation of land for habitat and/or limited public recreation activities. Due to the differences between the existing and proposed general plan land use designations ..~R-V mexationlSanta Margarita Arnexation\EIRVlccepted,chames to Revision of Revised Draft Initial S" 7-22-08.doc - 21 - and zoning classifications, the EIR will assess if th e Santa Margarita Area Annexation conflicts with the applicable land use plan, policy, or regulation of an agency with jurisdiction over the project or with any habitat conservation plan or natural community conservation plan. 9.c. The SMAA is located within the geographic area covered by the MSHCP and the City of Temecula is an MSHCP participating jurisdiction. The forthcoming EIR will evaluate the project project's consistency with the MSHCP and will assess if the SMAA conflicts with the provisions of the MSHCP and any other applicable adopted Habitat Conservation Plan, Natural Community Conservation. Plan, or other approved habitat conservation plans. FOA nexationlSanta Margarita AmexadonlFJMAocepted chm,Ies to 'Revision Of kevised Draft Mal Study 7-22-08.doc 22 10. MINERAL RESOURCES. Would the project: { s~ ~v~ . ~?t 4 PbtenLeOY U7➢~'+s -ie~s57tyn rr ~4 t , ~ ,~i. ~v s'st~'#`a' gufaiuaean 5ouicEs "it`d-, kn a- 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? b: Result in the loss of availability of a locally-important ✓ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? References: 2 Comments: 10.a-b.The majority of the project area, including the SMER, is classified as an MRZ-3a area. The MRZ-3 classification identifies areas where the significance of mineral deposits cannot be determined from the available data; the zoning classification MRZ-3a identifies areas of known mineral occurrence, A portion of.fhe site is designated as a MRZ-2a zone- The MRZ-2 classification identifies areas where information indicates that significant mineral deposits are present or there is a"high likelihood for their presence and development should be controlled. The MRZ-2a identifies' areas of demonstrated economic mineral reserves. The proposed project will result in zoning and general plan land use designations that do not allow mining operations being placed in the project area. The potential impacts to the availability of mineral resources associated with the proposed project will be assessed in the EIR. - S - R_\Annexation\Santa Margarita AnnexationOR\Acoepted changes to Revision of Revised Draft Initial Study 7-22-08.doc 23 11. NOISE. Would the project result in: x fi GY° c VW0 sr? -ISSUES arpS . -,$aaces - e M ':~,r 9a ad Mad 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 a envies? b. Exposure of persons to or generation of excessive ✓ round bome vibration or round bome noise levels? C. A substantial permanent increase in ambient noise levels in. the project vicinity above levels existing without the ro'ect? d. A substantial temporary or periodic increase in ambient ✓ noise levels in-the project vicinity above levels existing' without the project? e. 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? f. 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? References: 2, 9, 18, 20 Comments: I1.a The proposed project includes the.extension of the city's sphere of influence to include that portion of the annexation area not currently within the citys sphere (4,443 acres) and the annexation of approximately 4,997 acres of unincorporated Riverside County to the City of Temecula. Title 9.20.040 of the City of Temecula Municipal Code states that "no person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed' an exterior noise standard of 65 dBA CNEL for Hillside Residential development. Future uses within the project area shall be required to comply with this regulatory requirement; therefore the proposed project is not expected to expose persons to or generate noise levels in excess of City of Temecula standards. Although the proposed project is not expected to have significant noise- related. impacts, this issue will be addressed in the forthcoming EIR. 11.b the introduction of low density residential development that might occur pursuant to the proposed land • use designations would result in short-tern typical construction noise impacts and ground bome vibrations typical of construction activities that may exceed local noise ordinances. Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods employed. Sensitive receptors are areas where humans are participating in activities that may be subject to the stress of significant interference from noise. Within the SMAA, the land use associated with sensitive receptors that may be affected by construction-related vibration associated -with the proposed project include the four existing and potential 81 new residences within, the project boundary. Future development within the SMAA will be within the HR designated property. Within HR zoning, the minimum setback is 25 feet (interior side yard and rear yard setbacks). Therefore; the closest a sensitive receptor would be located to construction activity on an adjacent property would be 25 feet. Ground-bome vibration attenuates quickly with distance and the RMS level from heavy equipment would be approximately 79 RMS at 60 feet The minimum lot size in the HR zone is 10 acres, although FZAAnnemvon\santa Margarita MnexationwIRO=epled changes to Revision of Revised Diaft Initial Study 7-22-08.doc - - 24 there are existing lots within the SMAA that are smaller than this size- The HR zone limits lot coverage to 10 percent of a lot. Due to the lot size within the SMAA and the maximum 10 percent lot coverage, the majority of construction activity would likely be more than 60 feet from existing or future residential structures and would not be considered annoying. Potential impacts upon persons or structures due to construction-related vibration are expected to be less than significant. Although the proposed project is not expected to have significant noise-related impacts, this issue will be addressed in the forthcoming EIR. 11.c. The proposed project would allow for the construction of up to approximately 81 additional single-family dwelling units within the SMAA. The anticipated source of any increases in ambient noise levels is project-generated traffic. Utilizing the trip generation rates contained within the Trip Generation Manual, 7th Edition by the Institute of Transportation -Engineers (ITE) (0.75 total trips per DU during the AM Peak Hour, 1-01 total trips per DU during the PM Peak Hour and 9.57 total daily trips per DU) it can be estimated that ultimate development of 81 additional dwelling units within the SMAA will result in 60 AM Peak trips, 82 PM Peak trips and 775 total daily trips. This amount of project-generated traffic is not expected to result in a significant permanent increase in ambient noise levels. Although the proposed project is not expected to. have significant noise-related impacts, this issue will be addressed in the forthcoming EIR. 1 t.d. The introduction of low density residential development that might occur pursuant to the proposed land use designations would result in short-term typical construction noise impacts. Construction noise represents temporary rather than permanent changes in ambient noise levels. Construction noise levels will vary from hour-to-hour and day-to-day, depending upon the equipment.in use and the operations being performed, but will no longer occur once construction of within the SMAA is completed. Typical construction noise levels range up to 91.dBA L,,,,,, at 50 feet during the noisiest construction phases. This noise estimate assumes level terrain and unobstructed "line-of-sight" between the constriction activities and the noise receptor. The site preparation phase, which includes. excavation , and grading of a site, tends to generate the highest noise levels because the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery (e.g., backhoes, bulldozers, draglines, and front loaders) and earthmoving and compacting equipment (e.g., compactors, scrapers, and graders). Sensitive receptors that may be affected by construction-related vibration associated with the proposed project include the four existing and potential 81 new residences within the project boundary. As a rule of thumb, noise from point sources, such as construction equipment, will decrease by 6 dBA for every doubling of distance away from the receptor. For example, when the construction equipment is 100 feet from the sensitive receptor, the decibel level would be 6 dBA lower than when it Is 50 feet from the sensitive receptor and 12 dBA lower than the level it is at 50 feet when it is 200 feet from the sensitive receptor. Additionally, noise levels are, reduced whenever topographic features interfere with the'"Iine- of=sight" between noise producers and noise:receivers. Within the developable portion of the SMAA which would be zoned HR, the minimum setback is 25 feet (interior side yard and rear yard setbacks). Therefore, the closest a sensitive receptor would be located to construction activity on an adjacent property would be 25 feet. The minimum lot size in the HR zone . is.10 acres, although there are existing lots within the. SMAA that are smaller than this size. The HR zone limits lot coverage to 10 percent of a lot. This limited tot coverage and the lot sizes within the developable portion of the SMAA will likely result in greater distances between single-family residences and activities related to the construction of additional residences. Additionally, the majority of the SMAA is comprised of steep hills with scattered outcroppings of granite boulders. This terrain will interrupt the "line-of-sighs" between construction and many of the sensitive receptors. Due to the potential distance between existing and future single-family residences within the SMAA and the terrain of the area, number of persons subjected to excessive construction-related noise will be minimized. Therefore,, potential impacts upon persons or structures due to construction-related vibration are expected to be R-WmendonlSanta Margarita ArnexatioM0110 Wted changes to Revision of Revised Draft Initial Study 7-22.08.doc 25 less than significant. Although the proposed project is not expected to have significant noise-related impacts, this issue will be addressed in the forthcoming EIR. 11.e-f. The Santa Margarita Area Annexation project is not located within an airport land use plan or within two miles of a public airport. The SMAA is not located in the vicinity of a private airstrip. Therefore, the proposed project will not expose people residing,or working in the project area to excessive noise levels related to airport operations. No impact will occur. R:4Mnemffm Santa Ma - - rgarifa AmexationlElf2Vcceptedchanges to Revision of Revised Draftinitial study 7-22-08.doc ' - 26 12. POPULATION AND HOUSING. Would the project: ~gllySi9roT5~~U* `tesS Than $ 5 a -.:,45 ; a 4. `.fit 4r.rcau~lo 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)? . b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? - References: 1, 2,17 Comments: 12.a The proposed .project includes the extension of the city's sphere of influence to include that portion of the annexation. area not currently within the, city's sphere (4,443 acres) and, the annexation of approximately 4,997 acres of unincorporated Riverside County to the City of Temecula. The proposed project will add four existing single-family dwelling units into the city boundaries and will allow for the . potential construction of a total of 81 new dwelling units on the project site. Based on the City s standard of 3.24 persons per household there could be 275 additional people living within the project area being added to the City. of Temecula's population. The Western Riverside Council of Governments (WR000) projects a population.of 103,150 for the City of Temecula in the year 2015, and a population of 1,918.962 within.. the Westem, Riverside County Subregion as a whole. The proposed project could add approximately 275 people within the project to the City's population, which represents 0.27% of the City of Temecula's population.by 2015. A less than significant impact will occur. 12.b-c.Due to the project-location, and the very low density, residential development allowed, the extension of infrastructure into the. area could only Serve the estimated.81 new dwelling units within the proposed "Hillside Residential" designated area. Four homes currently exist within that portion of the project area not located within the SMER.and will remain. Development of other land within the annexation area is further restricted by.its location within the Santa Margarita Ecological Reserve and its proposed 'Open Space' land use designation. `Therefore, the proposed project.does not involve an action resulting in the approval of any policies which.Wduld:,displace substantial numbers of existing housing or displace substantial numbersof people. No impacts will occur. R-0mexatimXSanta Margarita ArmexatimWIFIVlcoepted charges to Revision of Revised Draft initial Study 7-22-08.doc 27, 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: , t %,h *i Py ~ a N m ~ t if ~ r~ f ~":t7 ~h~ f•y r 4 a. Fire rotection? ✓ b. Police rotection? ✓ C. Schools? ✓ d. Parks? ✓ e. Other public facilities? ✓ References: 2, 10, 11, 16 Comments: 13.a-e. The proposed project includes the extension of the city's sphere of influence to include that portion of the annexation area not currently within the city's sphere (4,443 acres) and the annexation of approximately 4,997 acres of unincorporated Riverside County to the City of Temecula. 13.a. Fire Protection The City of Temecula contracts with the County of Riverside to provide fire protection services for its residents and businesses. Fire protection for the proposed project area is currently served by Station No. 12 of the Riverside County Fire Department, 'located in Old' Town Temecula. To provide fire protection services to the project area, the Riverside County Fire Department has an auto aid agreement with the Cal-Fire, San Diego Unit. The agreement is. in place in order to improve the response time for the existing residences within the Project Area. If Riverside County Fire is called to respond to an emergency within the Project Area, the call is routed to Cal-Fire; San Diego Unit; . emergency response teams from both Station No. 12 and from Red Mountain Station, located on Mission Road in North San Diego County would respond.. Development permifted under the proposed project would permit a maximum of 81 single-family dwelling units; the majority of project area will remain open space. Emergency response will be handled in the same manner under new contract with the City of Temecula. However, because the proposed. project includes an annexation of an incorporated area.into the City of Temecula, the issue will be'addressed ' in the forthcoming EIR. 13.b. Police Protection The City of Temecula contracts with the County of.Riverside Sheriffs Department for police protection services and will continue to provide services through an amended contract. Currently -the County of Riverside Sheriffs Department responds to police protection calls within the project area: The Southwest Station located at 30755 Auld Road, Murrieta, is the closest primary response facility. The project area is almost entirely vacant land with the potential to permit approximately 81 single-family dwelling units. The City of Temecula General Plan Policy.GMtPFE 3.1 requires that development does not exceed the ability to adequately provide supporting police services; to ensure an adequate response time for emergencies; and to strive to provide one full-time officer per 1,000 residents for police (sheriff) protection services. If the project area is built out to maximum capacity, this would result in an estimated additional 263 persons living with the project area. At a service ratio of one full-time officer per 1;000 persons, the proposed project would require the services of approximately 0.26 of a police officer. The Temecula Police Department employs officers at the rate of approximately one officer per, 882 residents. With its current employment level, the city can easily absorb the additional R:Vxnexaonlsarffi Margarita Annexation1EiRWcepted charges to Revision of Revised Draft Initial Study T-22-0 8.doc - - - 28 population living within the project area without the need for hiring additional officers in order to meet the general plan's one officer per 1,000 persons ratio. Additionally, in the event of a life threatening situation, the County of Riverside Sheriffs Department has a mutual aid agreement with the County of San Diego Sheriffs Department to respond to life threatening call. However, because the proposed project includes an annexation of an incorporated area into the City of Temecula, the issue will be addressed in the forthcoming EIR. 13.c. Schools That portion of the project site currently within the City of Temecula's sphere of influence is located within the boundaries of the Temecula Valley Unified School District The balance of the project site is located within the Murrieta Valley Unified School District. Due to the limited number of residences that would be permitted within the project area, the proposed project will contribute a limited number of additional students to the districts. However, because the proposed project includes an annexation of an incorporated area into the City of Temecula, the issue will be addressed in the forthcoming EIR. 13.d. Parks - The majority of the area proposed for annexation will be designated 'Open Space" and will remain undeveloped. The development potential of the remaining area (718 acres), which will be designated "Hillside Residential", is limited to one dwelling unit per 10 acres, .resulting in a maximum of 81 new dwelling units that could be built.. Thepark acreage standard for the City of Temecula is 5.0 acres of usable City-owned parkland per 1,000 residents. Through the acquisition and dedication of parks within specific plan areas, the City anticipates having sufficient parkland to meet the needs of its residents through year 2013. The proposed project will not require the construction of new parks or the expansion of parklands. However, because the proposed:project includes an annexation of an incorporated area into the City of Temecula, the issue will be addressed in the.forthcoming EIR: 13.6. Other Public Facilities The majority of the area proposed for annexation will be designated "Open Space" and will remain undeveloped. The development potential of the remaining area (718 acres),-which will be designated "Hillside Residential", is limited to one dwelling unit per. 10, resultingln a maximum of 81 new dwelling units that could be built. Library services, would be provided by the City of Temecula. The City recently opened the Temecula Public Library; located on Pauba Road, approximately 3 miles northeast of the project site. The library encompasses over 34,000 square feet: However, because the proposed project includes an annexation of an incorporated area into the City of Temecula, the issue will be . addressed in the forthcoming EIR. RV nnexation\Santa K&gaata AnnentionORWccepted duuVes to Revision of Revised Draft Initial Study 7-22-08.doc 29 - 14. RECREATION. Would the project: s1fianu ; .c a. 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? b. Include recreational facilities or require the construction ✓ or expansion of recreational facilities which might have an adverse physical effect on the environment? References: 2 Comments: 14.a-b. The SMAA will result in a change of the land use designation for approximately 554 acres located within the city's sphere of influence from the County of Riverside "Open Space-Conservation Habitat" (OS-CH) and "Rural Mountainous" (RM) designation to "Open Space' (OS) and "Hillside Residential' (HR) as currently shown on the City of Temecula's General Plan. The proposed project also includes a General Plan. Amendment that will adopt land use designations for approximately 4,443 acres of the subject property located outside of the city's current sphere of influence. The County's General Plan's current land use designations for the 4,443 acres are 'Open Space-Conversation Habitat" (OS-CH) and ..Rural Mountainous" (RM). Similar land useAesignations are being proposed for adoption by the City of Temecula: `Open Space' (OS) and `Hillside Residential" (HR). Both land' use descriptions define. the same level of residential land use intensity in an area expected to have steep slopes and development constraints; that is to. limit land use activities to one single-family dwelling unit per 10 acres with ancillary uses. The City's standard for park acreage is 5.0 acres of usable City-owned parkland per 1,000 residents. Through.the payment of in-lieu fees, dedication of,parks, and the joint use of school facilities, the City anticipates having sufficient parkland to meet the needs of the City residents through year 2013. The proposed project will not increase the use of existing neighborhood and regional parks such that substantial deterioration of the facility would occur, or require construction or the expansion of additional recreational- facilities that might have an adverse physical effect on the environment. However, because the proposed project includes an annexation of an incorporated area into` he City of Temecula, these issues will be addressed in. theforthcoming EIR R: A memtionlsanta Margarita Aiinexation\EiR Aocepted dianges~to'Reisionof, Revised Draft initial Study 7-22-08.doc r. , _ 30 15. TRANSPORTATION/TRAFFIC. Would the project: 6 r $ s4 +v S I ht 3 - . $4 {9 ` -4 can : r55e25ard_ _ Wlilayy„$OUf(;CSi J . ~ dCt ^a^ - 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 congestion at intersections)? b. Exceed, either individually or cumulatively, a level of ✓ service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either ✓ an increase in traffic levels or a change in location that results in substantiaLsafe risks? d. Substantially increase hazards due to a design feature ✓ (e.g., sharp curves or dangerous intersections) or incompatible uses: e. farm equipment)? e. Result in inadequate emergency access? ✓ f. Result in inadequate parking capacity? g. Conflict with adopted policies, plans, or programs ✓ supporting altemative transportation (e.g., bus turnouts, bicycle racks)? References: 2 Comments: 15.a-b. The following roadways currently provide service to the project area: Interstate 15; Temecula Parkway (State Route 79.), Pechanga Parkway, and Rainbow Canyon Road. The majority of the area proposed, for annexation will be designated 'Open Space' and will remain undeveloped. The development` potential of the remaining area (718 acres), which will be designated 'Hillside Residential', is limited to one dwelling unit per 10 acres, resulting in a maximum of 81 new dwelling units that could be built. The potential impacts to traffic and level of service in the project area will be addressed in the EIR: 15.c-g: The proposed Santa. Margarita Area Annexation involves the'annexation of approximately 4,997 acres of. unincorporated Riverside County territory. to the. City of Temecula, and the conixirrent'exlerision of the city's sphere of Influenceto include that portion of the annexation area not currently within the citys sphere (4,443 acres), The proposed project would not substantially change the'land use and zoning ' designations under the County's existing general plan land use and zoning designations., Therefore, the proposed project,will not result in a change in air traffic patterns; an increase hazards due to a design feature-, the creation of inadequate emergency access or parking capacity, or conflicts with adopted polices, plans or programs supporting alternative transportation. No, impacts will occur. R.VVmexationManta Marprita AnnexationlEIRWccepted charges to Revision of Revised Draft Initial Study 7-22-08.doc - - - .31 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Pol a. Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quality Control Board? b. 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? C. 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? d. Have sufficient water supplies available to serve the ✓ project from existing entitlements and resources, or are new orexpanded entitlements needed? e. 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 providers existing commitments? f. Be served by a landfill with sufficient permitted capacity to ✓ accommodate the projects solid waste disposal needs? g. Comply with federal, state, and local statutes and ✓ regulations related to solid waste? References: 1, 2, 18 Comments: 16.a-b. The proposed Santa Margarita Area Annexation project involves the annexation of approximately 4,997 acres of unincorporated Riverside County territory to the City of Temecula, and the concurrent extension of the city's sphere of influence to include that portion of the annexation area not currently within the city's sphere (4,443 acres). The project area is within the service area of the Eastern Municipal Water District (EMWD); however, the. remoteness and the topographical constraints limit the serviceability of the project area to current public wastewater facilities. Development within the. SMAA Will require the use of septic systems approved by the`Riverside County Department of Environmental Health. No new service will be added to e)'asfing EMWD facilities. The Santa Margarita' Area Annexation project will not exceed wastewater treatment requirements _ and will not result in the construction of wastewater treatment facilities or the expansion of existing facilities. The project is not currently served by the Rancho. California Water bistrict (RCWD) due to the topography and limited service needs in th e area. Residential development in the area will need to rely on private wells as a source of potable water, therefore the Santa Margarita Area Annexation will not increase. demand on RCWD or require the construction of water facilities. No,impacts will occur. 16.c. The project area would remain primarily undeveloped and all storm waters within the area drain to the Santa Margarita River. The project area is managed by the Riverside County Flood Control and. Water Conservation District; however; there are no exisfing facilities in the project area. Due to the topography and limited development intensity of the proposed land use designations, construction of extensive drainage systems would not be required. Development in the project area will be subject to Title 18.15.020 of the Temecula Municipal Code that requires all individually proposed construction and grading projects to implement measures to ensure that pollutants from the site will be reduced to the. -R.Wmexation\Sanfa Margarita Arrrexa8on\EfR1Aixepted-dranges to Revision tit-fievised Draft Initial Study 7-22-08.doc 32 maximum extent practicable (MEP) and will not cause or contribute to an exceedance of water quality objectives. Projects disturbing more than one acre or more of soil are required to generate a stone water pollution prevention plan (SWPPP) per the state general construction permit. According to Title 18.15.040; no grading work will be allowed on any single grading site under permit unless the city engineer has approved an erosion and sediment control plan. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, curbs, gutters, streets, drainage inlets, private and public stone water conveyance systems, environmentally sensitive areas, adjacent properties and watercourses. No impact will occur. 16.d. The Rancho California Water District (RCWD) is the water service provider to only a small portion of the northem portion of the project area. The remaining portion of the project area is outside of the service area of RCWD and outside of the services areas of neighboring water districts (Rainbow Water District, Eastern Municipal Water District, Western Municipal Water District, and the Fallbrook Public Utilities District Existing inhabited properties in the area utilize private water wells for potable water. Due to the terrain and limited demand, private water wells are anticipated to continue to be the only source of potable water for developable property within. the annexation area. The RCWD estimates a daily per capita domestic water use of 234 gallons per day. Based on the City's standard of 3.24 persons per household there could be 263 additional people living within the project area being added to the City of Temecula's population, resulting in an increased annual demand for water of approximately 68.9 acre- feet per year. However, the SMAA is primarily not located over a groundwater basin. Therefore, there is no identified reliable on-site source of groundwater that would be accessible by individual wells within the SMAA. Individual property owners will be required to provide adequate water to provide for domestic use and fire protection in accordance -with the requirements of the Fire Department and the Riverside County Department of Environmental Health; and may be required to construct water tanks filled with water delivered from off-site sources by trucks. The source of this water would potentially be groundwater from the Temecula-Murieta Basin utilized by water service providers in the Temecula area. RCWD indicates that the Temecula-Murrieta Basin has. a safeloperating yield of 34,400 acre-feet per year (AFY) with an.average annual production of approximately 31,700 AFY. Therefore, there are sufficient water supplies to serve the proposed project A less than significant impact will occur. 16.e. The project area is under the jurisdiction of the Eastern Municipal Water District; however, wastewater treatment service is not provided in the project area. Existing properties rely on septic systems. No new service will be added from potential development in the annexation area; therefore, the project will not affect the capacity of the EMWD's existing facilities. Any new septic system will be permitted by the City of Temecula under Title 15 of the City of Temecula Municipal Code. The City of Temecula also requires new septic systems to be reviewed by and receive approval from the Riverside County Department, of Environmental Health. Therefore, the SMAA will not result in a determination by a wastewater treatment provider that it does not have adequate capacity to serve the project's projected demand in addition to the provider's existing commitments. No impact will occur. 161 The majority of the area proposed for annexation will be designated "Open Space" and will remain undeveloped. The development potential of the remaining area (718 acres), which will be designated 'Hillside Residential°, is limited to one dwelling unit per 10 acres, resulting in an estimated 81 new dwelling units that could be built. A limited amount of construction-related and solid waste would be generated from future development in the project area and is not expected to substantially contribute to the permitted capacity of the designated landfills. The project area is served by the Badlands Landfill, El Sobrante Landfill, and Lamb Canyon Landfill. However, because the proposed project includes an annexation of an incorporated area into the City of Temecula, these issues will be addressed in the forthcoming EIR 16.g. - The City of Temecula contracts with CR&R Inc. for trash and recycling services. Under the existing agreement, CR&R is required to provide solid waste services to the annexation area. Each residential unit will be furnished with three containers which residents roll out to the curb on collection day. The P-MmexationSanta Margarita AnnexationUMccepted dnanges to Revision of Revised Draft Initial Study 7-22-08.doc - 33 curbside residential program in which recyclable and compost materials are separated from household trash ensures compliance with the City's Source Reduction and Recycling Element and potential impacts to County landfills would be further reduced through compliance with all federal, state, and local statutes and regulations regarding solid waste. A less than significant impact will occur. R:Wuiexa6onlSarta Margarita AnneuationORV=Wted-changes to Revision of Revised Draft Irdfial Study7-22-08 doc ° - 34 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: "~55 Yr-i '<iP~'6t'apy SrcPSca ;1?es5'r1n . ✓ - s3. --et x' < i i 3,t f ' : i z ( },5pg3 Pju ,w a. Does the project have the potential to degrade the quality ✓ of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. 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 r sects, and the effects of probable future projects)? c. Does the project have environmental effects. which will ✓ cause substantial adverse effects on human beings, either direct) or indirectly? Comments: 17a.. The annexation area represents a significant area. of value for native wildlife and a great variety of sensitive biological resources are known to exist or potentially exist within the undeveloped portions of the surrounding land. The proposed project includes the extension of the citys sphere of influence. to Include that portion of the annexation area not currently within the city's sphere (4,443 acres) and the annexation of approximately 4,997 acres of unincorporated Riverside County to the City of Temecula. The majority of the area proposed for annexation (4,279 acres) will be designated by the City of Temecula General Plan as "Open Space'; the remaining area (718 acres) will be designated "Hillside Residential": The area designated as "Hillside Residential' contains the western terminus of a Special Linkage Area identified in the MSHCP. The Environmental Impact Report will assess the potential of the Santa Margarita Area Annexation to degrade the quality of the environment, 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, and reduce the number or restrict the range of a rare or endangered plant or animal. A Native American village site has.been identified in the northern portion of the SMAA project area, and, as a xesult, the EIR will also address the potential impact of the SMAA to Important examples of the major periods of California history.and prehistory. 17b.. A cumulative impact is the effect on the environment which results from the incremental impact of the proposed project when combined with the effects of other past, present, and reasonably foreseeable future projects. The significance of a cumulative impact may be greater than the effects resulting from the individual actions. if the effects of more than one action, are additive. The EIR will discuss the potential cumulative impacts of the Santa Margarita Area Annexation. 17c. The majority of the area proposed for annexation (4,279 acres) will be designated by the Temecula General Plan as "Open Space'; the remaining area (718 acres) will be designated "Hillside Residential".. The Santa Margarita Ecological Reserve, which comprises the majority of the project area, will be in the Open Space designation and remain undeveloped; however, approximately 718 acres of the annexation outside the Reserve will have the potential for development in accordance with Temecula General Plan and city zoning designations (1 DU/10 AC): The proposed land use designations define R:Uknexation%Santa Margarita AnnexationUMAcoWted changes to Revision of Revised Draft Initial Study 7-22-08.doe _ . 35 the same level of residential use intensity as under the County general plan; however, a major difference between the jurisdictions is that mining operations are permitted under the County's `Rural Mountainous' land use designation and the City of Temecula does not include this activity under the 'Hillside Residential' land use designation. The EIR will address the impacts to humans, directly and indirectly, of this land use change on mineral resources and as well as the air quality impact from the development potential associated with the SMAA land use change. R:Wnexawnxsanta Margarita AmexmtiontEIRkI"ted..changes to Revision of Revised Craft Irtitial Study 7-22-08.doc - 36 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used.. Identify earlier analyses and state where the are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b mitigation 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 the address site-specific conditions for the Project. Comments: .18.a-c. No earlier analyses used. REFERENCES 1.. City of Temecula. Temecula General Plan. April 2005. (Available on June 5, 2008 at http://www.cityoftemecula.org/remeculatGovemment/CommDev/Zoning/generalplan.htm). 2. County of Riverside. General Plan. October 2003. (Available on June 4, 2008 at httpJ/www.tima.co.riverside.ca.us/genplan/default.aspx). 3. Riverside County Land Information System Website (Available on June 3, 2008 at http://www3.tima.co.riverside.ca.us). 4. Eastern Municipal Water District. (Available on June 3, 2008 at http://www.emwd.org/). 5. San Diego State University, Santa Margarita Ecological Reserve, Feld Station.. (Available on June 3, 2008 at http:hwww.fs.sdsu.edutkf/reserves/smeri). 6. South Coast Air Quality Management District, 2007 Air Quality Management Plan. June 2007. (Available on June 2, 2008 at httpJ/www.agmd.govlagmW07agmprindex.htrnl). 7. South Coast Air Quality Management District CEQA Air Quality Handbook, April 1993, with November 1993 Update. (Available on June 2, 2008 at http:/Avww.agmd.gov/cega/hdbk.html). County of Riverside. Western Riverside County Multiple Species Habitat Conservation Plan. June 2003. (Available on June 4, 2008 at http://www.rcip.org). 9. County of Riverside. Southwest Area Plan. October 2003. (Available on May 4, 2008 at http./Avww.rcdma.orgigenplan/contentlapl/swap.html). 10.. Temecula Valley Unified School. District. (Available at June 4; 2008 at http://www.tvusd.kl2.ca.us/). 11. Temecula Police Department (Available on June 4, 2008 at http://www.cityoftemeGula.orgrremeGula/Govemment(Police/). 12. City of Temecula Public Library. (Available on June 2 at http://Www.temeculalibrary.orgo- RVUmexadonlSanla Marganta AnnexationTIRlAa Vied changes to Revision of Revised Draft initial study 7-21-08.doe 37 13. South Coast Wildlands. South Coast Missing Linkages: A IM/dland Network for the South Coast Ecoregion. 2008. (Available on June 4, 2008 at httpJ/www.scwildlands.org). 14. California Integrated Waste Management Board. Jurisdictional Profile for City of Temecula. (Available on June 5, 2008 at hftp://www.ciwmb.ca.gov/profiles/Juris/JurProtilel.asp?RG=C&JURID=529&JUR=Temecula). 15. Riverside County Farmland 2000 Western Sheet. Department of Conservation, Division of Land Resource Protection. 16. Murrieta Unified School District. (Available June 16, 2008 at httpJAvww.murrieta.kl2.ca.us/mvutd/Siteldefauft.asp. 17.. Riverside County Center for Demographic ResearchfTLMA. Riverside County Projections 2006. 2006 (Available on July 8, 2008 at hftpJ/www.wrcog.cog.ca.us/contenQgrowthforecasts.asp.) 18. City of Temecula Municipal Code. (Available on June 26, 2008 at http:/Avww.citvoftemecula.orafTemecula/GovemmentICitVaerk/CodeOrdihancesResos/). 19. City of Temecula, Final Environmental Impact Report, Temecula General Plan Update, March, 2005, Certified April 12, 2005. (Available at the'£ity of Temecula Planning Department, 43200 Business Park Dr., Temecula, CA 92590, 951-694-6444.) .20. Federal Transit Administration, Transit Noise and Vibration Impact Assessment, May 2006. (Available for review. on the Internet, on July 14, 2008 at www.fta.dot.gov/documents/FTA Noise and Vibration Manual pdfl 21. County of Riverside, Riverside County Integrated Project General Plan Final Program Environmental Impact Report (State C4earinghouse No. 2002051143), March 2003. (Available for review at the Riverside CountyPlanning Department, 4080 Lemon Street, Riverside, CA 92501, 9517955-3200.) 22. Rancho California Water District, Addendum to 2005 Update of the Urban Water Management Plan, March 2007. (Available for review on the internet on July 22, 2008 at htti)s://www.ranchowater.oom/engineednq.asp x.) . R:W nexadon%sanu Margarita Mnem ionlEIRVAcc ted charges to Revision of Revised Draft Initial Study 7.72-08:doc 38 DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) DATED SEPTEMBER 22, 2008 hftp://laserfiche.cityoftemecula.oratweblink7/ElectronieFile aspx?docid=206762&dbid=2 DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) APPENDICES DATED SEPTEMBER 22, 2008 http://laserfiiche.c ityoftemecu la.orgtwebl i nk7/ElectronicFi le. aspx?doc id=208316&dbid=2 EXCERPTS OF GENERAL PLAN POLICIES AND TABLE The proposed Santa Margarita Area Annexation, Sphere of Influence Expansion, General Plan Amendment, Pre-Zoning and Zoning Amendment are consistent with goals, policies and implementation programs as in the adopted City of Temecula General Plan including but not limited to the goals and policies outlined in table 3.4-3 of the Draft Environmental Impact Report, and the General Plan goals, policies and implementation programs outlined below: Land Use Element Goals and Policies Goal 6: A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area. • Policy 6.1: Preserve the natural aesthetic quality of the hillsides and reduce hazards associated with hillside development within the Planning Area. • Policy 6.3: Conserve the natural resources of area watercourses, including the Santa Gertrudis, Temecula and Murrieta Creeks, through appropriate development densities, managing stormwater run-off, and conservation site planning. • Policy 6.4: Protect and enhance significant ecological and biological resources within and surrounding Temecula. Open Space/Conservation Element Goals and Policies Goal 2: Conservation and protection of surface water, groundwater and imported water resources. • Policy 2.1: Coordinate with the Riverside County Flood Control District to design flood control improvements that preserve, to the maximum extent feasible, important natural resources of the local creeks and riparian forests of the Santa Margarita River, • Policy 2.9: Participate in regional planning efforts for the Santa Margarita River Watershed in conjunction with federal, statq, regional and local agencies, and non-profit organizations. Goal 3: Conservation of important biological habitat and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity. Policy 3.1: Require development proposals to identify significant biological resources and provide mitigation, including the use of adequate buffering and sensitive site planning techniques, selective preservation, provisions of replacement habitats, and other appropriate measures. • Policy 3.2: Work with State, regional and non-profit agencies and organizations to preserve and enhance significant biological resources. Policy 3.3: Coordinate with the County of Riverside and other relevant agencies for the adoption and implementation of the Riverside County Multi-Species Habitat Conservation Plan. • Policy 3.4: Encourage developers to incorporate drought resistant vegetation, mature trees, and other significant vegetation into site and landscape designs for proposed projects. • Policy 3.5: Maintain an inventory of existing natural resources in the city. • Policy 3.6: Limit recreational use of designated open space areas where there are sensitive biological resources as needed to protect these resources. Policy 3.7: Maintain and enhance the resources of Temecula Creek, Pechanga Creek, Murrieta Creek, Santa Gertrudis Creek, Santa Margarita River, and other waterways to ensure the long term viability of the habitat, wildlife, and wildlife movement corridors. Goal 5: Conservation of open space areas for a balance of recreation, scenic enjoyment, and the protection of natural resources and features. • Policy 5.1: Conserve the western escarpment and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence, and other important landforms and historic landscape features through the development review process. • Policy 5.2: Identify significant viewsheds to proposed projects that may be preserved through the dedication of open space or the use of sensitive grading, site design, and building techniques. • Policy 5.3: Encourage the use of clustered development and. other site planning techniques to maximize the preservation of permanent open space. • Policy 5.8: Require re-vegetation of graded slopes concurrent with project development to minimize erosion and maintain the scenic character of the community. Land Use Element Implementation Programs LU-14: Establish a process to review and approved development projects within Rural Preservation Areas, including the pre-zoning process for such areas currently outside City jurisdiction, to ensure that the proposed projects are consistent with the objectives identified for each area. LU-19: Promote the preservation of hillsides surroundings the community through the following actions: Enforce hillside grading standards to naturalize the effects of grading, require the preservation of unique natural features, encourage a broad range of architectural and site planning solutions, develop hillside development standards that consider the site constraints in determining the location, type, and intensities of development along the western escarpment and other surrounding hillside areas. LU-20: Protect the resources of the Santa Gertrudis, Temecula and Murrieta Creeks, San Diego Aqueducts, and other waterways within the Planning Area. Open Space Element Imblementation Programs OS-9 Biological Assessments: Require development proposals in all areas inside of adjacent to sensitive habitat area, designated critical habitat, and the MSHCP conservation areas and core linkages as defined by the U.S. Fish and Wildlife Services, the California Department of Fish and Game, and the Multi-Species Habitat Conservation Plan, to provide detailed biological assessments, assess potential impacts and mitigate significant impacts to a level below significance. OS-10 Open Space Area: Require the establishment of open space areas that contain significant water courses, wildlife corridors, and habitats for rare or endangered plant and animal species, with first priority given to the core linkage areas identified in the MSHCP. OS-11 Resource Protection Measures: Require appropriate resource protection measures to be prepared in conjunction with specific plans and subsequent development proposals. Such requirements may include the preparation of a vegetation management program that addresses landscape maintenance, fuel modification zones, management of passive open space areas, provisions of corridor connections for wildlife movement, conservation of water courses, rehabilitation of biological resources displaced in the planning process, and the use of project design, engineering, and construction practices that minimize the impacts to sensitive species, MSHCP conservation areas, and designated critical habitat. OS-12 Acquisition of Biologically Significant Area: Evaluate and pursue the acquisition of areas with high biological resources significance. Such acquisition mechanisms may include acquiring land by development agreement or gift; dedication of conservation, open space and scenic easements, joint acquisition with other local agencies, transfer of development rights; lease purchase agreements, state and federal grants, and impact/mitigation fees/banking. OS-13 Partnerships with Conservation Organizations: Use the resources of national, regional and local conservation organizations, corporations, associations, and benevolent entities to identify and acquire environmentally sensitive lands, and to protect water courses and wildlife corridors. OS-19 Acquisition of Open Space: Where feasible, secure permanent open space through the dedication, easement or other acquisition mechanisms. OS-21 Hillside Grading Ordinance: Implement a Hillside Grading Ordinance to preserve sensitive hillside and canyon areas, and require the use of proper soil management techniques to reduce erosion, sedimentation, and other soil related problems. OS-22 : Land Development Regulations: Preserve the neural open space character through the development of effective land use development regulations. These regulations may include limiting grading of natural land forms, regulating setbacks, requiring vegetation, conserving mature trees, ,and limiting the intensity of development in certain areas. OS-25 Open. Space Protection: Establish priorities and take steps to permanently protect critical open space. OS-33 Native Species Conservation: Require project proponents to minimize impacts to coastal sage scrub, Riversidean alluvial fan sage scrub, chaparral, and non-native grasslands consistent with the MSHCP. Such mitigation measures will include but are not limited to: on-site preservation, off-site acquisition of mitigation land located within the city and inside the MSHCP conservation areas, and habitat restoration of degraded sage scrub vegetation that increases habitat quality and the biological function of the site. OS-34 Riparian Areas Conservation: Require project proponents to avoid adverse impacts to Riparian Scrub, Woodland and Forest and Water vegetation communities to the maximum extent possible. Mitigation consistent with the MSHCP, and future mitigation ratios established by the City will be required, including but not limited to: wetland creation in upland areas, wetlands restoration that re-establishes the habitat functions of a former wetland, and wetland enhancement that improves the self-sustaining habitat functions of an existing wetland. Mitigation measures will be required to achieve "no net loss" of wetland function and values. 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N N N C 0 6 < W C J j N m j m N O- D, a m m o o O m ma a `5. omm - ° m NO D yDy~ w0 w 3y o4 mi0 EF m o~ y0 m, NmO @ O W a ~m m m On d'O 0 A A ~ ms a N 0 N O ? d m m- mQ 3 W C 5 p° J A O ~ a ~ 3 ~ ~ is n O a d 6 .N. N O N O N NO ~ D m O o ~y ny m v N S.3 M m S j M d ~ O A p1 ~ ~ 7 ~ 6 ~ m d w c Om ~ N A n ~ m d m ~ d O d C .n w ~ a 3 m m c ~ sm o Zm A ~ ^ N ~ ~~j ~ .Tl' yl1 d ~ m O nryD w r^, 4~ 2 N O Z5 N d¢ d d C N a? z S G O a D Z S .'0 .o„ D L.¢x m c ?=ya m oda o v oaxx m O m o A CO) A d y J O N N d ~ .C ~ d N ~ 6 O d 7 N S m d Spa a 63 d d . 00 . 3Zd^ o a amp m a R M o Q., m~n 7Q.d ~N SEa d ~ o~ 0 N NOTICE OF PUBLIC HEARING O Notice of Public Hearing v A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider -the matter described below: Case No: Planning Application Nos. PA07-0225 and PA07-0226 Applicant: City of Temecula Proposal: Santa Margarita Area Annexation ("SMAK) is a proposal to annex approximately 4,997 acres from the unincorporated jurisdiction of the County of Riverside into the incorporated jurisdiction of the City of Temecula. Currently, 554 acres of the SMAA are located within the City of Temecula's Sphere of Influence. This project consists of the following components: - Consideration of an Environmental Impact Report prepared pursuant to the California Environmental Quality Act for the project - Consideration of a General Plan Amendment to provide land use designations for the SMAA consisting of Hillside Residential (HR) and Open Space (OS) in the City's General Plan - Consideration of an amendment of the City's Development Code for adoption of Hillside Residential-Santa Margarita District (HR-SM) and Conservation-Santa Margarita District (OS-C-SM) Zoning Designations - Consideration of Pre-Zoning the SMAA to Hillside Residential-Santa Margarita District (HR- SM) and Conservation-Santa Margarita District (OS-C-SM) zones, which zoning would be contingent upon annexation to the City - Consideration of whether to apply to the Riverside County Local Agency Commission to 1) amend the City's Sphere of Influence to include the SMAA and 2) to allow the City to annex the SMAA Location: The SMAA project site is comprised of approximately 4,997 acres located in the unincorporated portion of Riverside County, along the northern side of the San Diego-Riverside County line, west of Interstate 15 and southwest of the City limits of Temecula Case Planner: Stephen Brown Place of Hearing: City of Temecula, Council Chambers Date of Hearing: November 19, 2008 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 the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Temecula Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula Planning Commission shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694-6400. 0 0 LI q :~7 r - n 1 ~ \ t v O .r e c^ +I +r Ate. 1~ r 1 3 a i , r y t` i-r O 31 O LL j + ( J. 11 A iy Y +r . y r- 41 i i i ITEM 4 a i STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: November 19, 2008 PREPARED BY: Dana Schurna, Case Planner PROJECT Planning Application Number PA08-0183, a Minor Conditional Use SUMMARY: Permit to authorize EONS Gaming to operate within a 3,866 square foot unit located at 41533 Margarita Road, Suite, M101, in the Bel Villaggio shopping center RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: EONS Gaming General Plan Community Commercial (CC) Designation: Zoning Designation: Temecula Regional Center Specific Plan No.7 (SP-7) Existing Conditions/ Land Use: Site: Existing Shopping Center - Bel Villaggio North: Existing Commercial South: Existing Commercial East: Margarita Road West: Existing Commercial - Promenade Mall Existing/Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: 591 existing 3,688 square foot unit/200 = 18 spaces required BACKGROUND SUMMARY The applicant is requesting a Minor Conditional Use Permit to operate a computer network and internet gaming facility. The facility will have 30 gaming stations which are connected to the internet by a Local Area Network (LAN) connection. Customers will play video games on state- of-the-art computers specializing in interactive and socialized gaming. The computers are specifically built for the needs of the gamer and possess rapid speed connections, large memories and graphic cards which will enhance the patrons' video gaming experience. It has been determined that this use is similar to a traditional video game arcade and shall be subject to any and all requirements for arcades. Section 17.10 of the Development Code allows for arcades in this zone, subject to a Conditional Use Permit. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Use The applicant has indicated that the facility will be a family-run business to be open seven days a week. The hours of operation will be Sunday through Thursday from 12 p.m. to 10 p.m., and Fridays and Saturdays from 10 a.m. to 12 a.m. The project has been conditioned to ensure that at least one adult employee/supervisor shall be on the premises during all hours of operations. Staff has consulted with the City of Temecula Police Department and they concur with having one adult supervisor present at all times. They have not requested security to be on the premises at this time; however, they did include a condition which would require two officers on- site if repeated calls for service occur at this location. Development Code Section 17.10, Supplemental Development Standards for Arcades, indicates that the Planning Commission has the discretion to apply operational conditions as deemed necessary and appropriate to make the findings of approval, including, but not limited to the following: • Need for adult supervision • Hours of operation • Inside and outside security measures • Noise attenuation • Bicycle facilities • Interior waiting areas During the review of this project staff's primary concerns included the potential violation of curfew and truancy for minors, the viewing of adult material, and loitering. Staff has discussed the concerns of curfew violations with the City of Temecula Police Department. During these discussions, the Police Department indicated that they have had similar concerns with the established curfew ordinance and the Hours of Operations for Edwards Cinema and the Promenade Mail, which are both in close proximity to EONS Gaming. The Police Department has indicated that as a Condition of Approval for this project, and 2 consistent with what they have in place for the Mall and Edwards Cinema, that a flyer shall be posted at the front entrance of the facility indicating that a 10 p.m. curfew will be strictly enforced. Staff has also discussed the concern of minors playing video games that have adult themes without parental consent and the concern with minors viewing adult oriented material. The applicant has provided staff with a list of Policies for "EONS Gaming Policies" which indicates that patrons shall not be permitted to view inappropriate or illegal websites. Additionally, to ensure compliance with this policy, they have indicated that security software shall be installed on the computers to block any kind of detrimental intemet access. Additionally, the applicant has indicated that all minors shall have their parent or guardian sign a parental consent form that indicates which game rating level is authorized. A password will be assigned to ensure that gamers will not have access to games they are not authorized to play as consistent with the consent form signed by their parent or legal guardian. As a Condition of Approval, viewing of adult material is not permitted within the facility. Staff has discussed the issue of loitering with the applicant, and has required that an interior waiting area for no less than five persons be provided. A 400 square foot waiting room has been provided to accommodate waiting customers. Additionally, the applicant has agreed to post "No Loitering" signs on the premises, as required by the Conditions of Approval for this permit. EONS Gaming Policies also require that patrons wait in the interior lobby area for the next available gaming console. Conditions of Approval have been added to this project to address staffs concern with loitering. In relation to of the permitted hours of operations, the applicant has agreed to file a Temporary Use Permit for any request to extend the hours of operation for any reason, including holidays, summer hours and gaming tournaments. The submittal of a Temporary Use Permit will be reviewed on a case-by-case basis. The submittal of a Temporary Use Permit for extended hours has been made a Condition of Approval for this project. Noise is not anticipated to be a concern since each gamer/patron will have their own computer and headset to use, and as consistent with EONS Gaming Policies, all patrons that are waiting for a console of computer will be required to wait in the lobby area for the next available station. Parking Per the Parking Requirements outlined in the Temecula Regional Center Specific Plan (SP-7), all retail uses including community retail and neighborhood commercial centers, such as Bel Villaggio require one space for every 200 square feet of gross leasable floor area. Currently 591 parking spaces exist within the Bel Villaggio shopping center. The addition of EONS Gaming in the shopping center does not increase the number of required parking spaces because all retail uses (including restaurants) are required to be parked at the same parking ratio. Previously, when the Development Plan for Bel Villaggio was approved the 3,688 square foot suite was parked at 1/200 which required 18 parking spaces. These 18 parking spaces have been accounted for in the 591 spaces that currently exist on-site. Additionally, due to the nature of the business and the demographic anticipated to utilize the facility, it is probable that most of the patrons will come collectively in groups and most likely be dropped off by a parent and/or legal guardian. Therefore, the conditional use is not anticipated to create a parking shortage within the existing shopping center. 3 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 8, 2008, and mailed to the property owners within the required 800-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 15301, Class 1 Existing Facilities). The project involves negligible or no expansion of an existing use. The 3,866 square foot suite, in which EONS Gaming will occupy, was built as a part of a shopping center that was previously reviewed and approved by the City of Temecula Planning Commission. The proposed conditional use, a video gaming facility, does not include any new construction or physical expansion of the existing multi-tenant structure. The site contains sufficient parking spaces and improvements for the proposed use. The building is not being expanded and the approval will not result in a significant expansion beyond that which exists currently. FINDINGS Section 17.04.010.E - Conditional Use Permits The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed conditional use is consistent with the General Plan and the Development Code. Development Code Section 17. 10, Supplemental Development Standards for Arcades (which has been determined to be similar to video gaming facilities), indicates that the Planning Commission has the discretion to apply operational conditions as deemed necessary and appropriate to make the findings of approval. The approval of this project is subject to a number of operational conditions, which include restrictions on the allowable hours of operations, the requirement of bicycle racks on the site, the need for adult supervision, a provision which requires that an interior waiting area be provided and utilized to ensure that the patrons do not loiter in and around the business, and the posting of signage which informs minors of the established curfew in Temecula. As conditioned, the project is consistent with all of the goals and policies of the General Plan, and meets all applicable Development Code standards for a conditionally permitted use. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. EONS Gaming will be located within the existing Bel Villaggio shopping center and is compatible with the surrounding uses. EONS Gaming is a commercial/retail use and will be surrounded by existing commercial, office, restaurant, and other similar uses. The establishment is not anticipated to adversely affect any of the adjacent commercial uses. The project has been conditioned appropriately to ensure compatibility and consistency with the adjacent uses. The Conditions of Approval include limitations on the hours of operations, the prohibition of loitering around the facility, the requirement of adult supervision, 4 parental consent for minors being present on the premises, and compliance with all curfew laws and ordinances. The Conditions of Approval will ensure minimal impact to the surrounding businesses in the shopping center. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the proposed conditional use is an existing 3,866 square foot suite located within the existing Bel Villaggio shopping center. The existing site has been developed and constructed to accommodate all required yards, walls, and fences. No physical changes or modifications to the existing site are proposed as a part of this project. It has been determined that the existing parking and loading facilities are adequate to support this use and are consistent with the off-street parking requirement contained within the Temecula Regional Center Specific Plan (SP-7). All buffer areas and landscaping currently exists, and meets all applicable Development Code requirements. No modifications are being made to the landscaping as a part of this project. The use, as conditioned, will be fully integrated into the shopping center and will be compatible with the surrounding commercial uses. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been analyzed and reviewed to ensure that the project will not adversely affect the health, safety and general welfare of the citizens of Temecula. The project has been appropriately conditioned to ensure that the health, safety and welfare of the community will be protected and promoted, and that the conditional use will be complementary to the existing uses within the Bel Villaggio shopping center and other surrounding uses. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations and Justification EONS, Gaming Policies Curfew Flyer Notice of Public Hearing 5 VICINITY MAP i i i i i i OQ¢ ~A E i i f _ c ProjectSite GepRGE~QWN~ / o w 01 Z ~ W ~ 0 a i I 'I rc - ~r i N o U j 0 A8 80 180 1l0 364: PLAN REDUCTIONS if 3.71 a3SOdMdd SN03 Z~ r d~ B s- H 1, t Q ~ c Q @ a eRf , f e Cai33 R 'y Y 'e y`':: s gg¢a SSY _ " E e 3a z syegy c 9Sr~y yYSF $ait O- F e Q n xR y~55 5x~ 6 A°yi ay H j§€ p y~ 3 iN d 78x€na7 tl .eksY o 4 p;Y~ \ F1 § azs° S~ ~ aazz a z "ef I € Y~ I Y l O n I I o o Y I F C{ x i 0 y j j 806°~ 4 r Ette 'e eV - IL ge S g ' p 6d6E6i~ x ' ? , i ~~`-4 I I $s yes 4t tpp4 o- L' 4 , p @@}} i Y ~ €yp I e2 Rake as a~ a g3F Rfz 4 O ` j f P V i s 1 it $1- t lit e i I e i A s`!°FF653y~[yy9, I fill, + p ` I 5 a#a deI5 naa€ as Coac aaal a a 8 0 0 0 0 0 O 000 D 000 00 0© O 0 s @~ -L4- §i e 4e ~ ~ UU pe {e~ ) ~ 5 ~ ~ ~ q€S ~I P Ype 4 S € f B~ i g k' [ 6 4 a $ i e e z a a a I_ I - w e„ ; ad a&n4a an annne- 4 19. C) 10 E) I .(DID ffl FO - w E: flo kvi a3SOd021d SN03 ~ g @ v B z t y E E? gEg4~ y ~ F ? ~ F £ A ~ EY ~j[I E p` R _ o o A _ E p ~ E $E$E ~ ~ ~ 4 E ~ ~ ~ $ S $ RR@ ~ : M~ 3 xa z {£Rq` ~g3 S~~{$E 3 0 ~ $ 3 > i. _x ~ s~ ~ - ~ u P F E ! p Y° S i 3 i 6 Fit xd F a e ea az aaa ea aaaz aaiizz iz A~za ~g~ i~"~ < ;I~ ~ooooooocoooooroc~o®o®oo ~~~~-a a ~ 4 4 ~¢9se~ss o a wo d n a A ~F oo® •F b 0 o N~~ APR o 0 0 ~ I ~F ~E ~ _ yi v . A~~\y _ Y. 3M1 9s°}e a:~ e I I PC RESOLUTION i PC RESOLUTION NO. 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0183, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE EONS GAMING TO OPERATE AN INDOOR VIDEO GAMING FACILITY WITHIN A 3,866 SQUARE FOOT UNIT LOCATED AT 41533 MARGARITA ROAD, SUITE M101, IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921-830-015) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 25, 2008, EONS Gaming, filed Planning Application No. PA08- 0183, a Minor Conditional Use Permit Application 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 November 19, 2008, 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. PA08-0183 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Code Section 17.04.010.E (Conditional Use Permits) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed conditional use is consistent with the General Plan and the Development Code. Development Code Section 17. 10, Supplemental Development Standards for Arcades (which has been determined to be similar to video gaming facilities), indicates that the Planning Commission has the discretion to apply operational conditions as deemed necessary and appropriate to make the findings of approval. The approval of this project is subject to a number of operational conditions, which include restrictions on the allowable hours of operations, the requirement of bicycle racks on the site, the need for 2 adult supervision, a provision which requires that an interior waiting area be provided and utilized to ensure that the patrons do not loiter in and around the business, and the posting of signage which informs minors of the established curfew in Temecula. As conditioned, the project is consistent with all of the goals and policies of the General Plan, and meets all applicable Development Code standards for a conditionally permitted use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. EONS Gaming will be located within the existing Bel Villaggio shopping center and is compatible with the surrounding uses. EONS Gaming is a commercial/retail use and will be surrounded by existing commercial, office, restaurant, and other similar uses. The establishment is not anticipated to adversely affect any of the adjacent commercial uses. The project has been conditioned appropriately to ensure compatibility and consistency with the adjacent uses. The Conditions of Approval include limitations on the hours of operations, the prohibition of loitering around the facility, the requirement of adult supervision, parental consent for minors being present on the premises, and compliance with all curfew laws and ordinances. The Conditions of Approval will ensure minimal impact to the surrounding businesses in the shopping center. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is an existing 3,866 square foot suite located within the existing Bel Villaggio shopping center. The existing site has been developed and constructed to accommodate all required yards, walls, and fences. No physical changes or modifications to the existing site are proposed as a part of this project. It has been determined that the existing parking and loading facilities are adequate to support this use and are consistent with the off- street parking requirement contained within the Temecula- Regional Center Specific Plan (SP-7). All buffer areas and landscaping currently exists, and meets all applicable Development Code requirements. No modifications are being made to the landscaping as a part of this project. The use, as conditioned, will be fully integrated into the shopping center and will be compatible with the surrounding commercial uses. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community; 3 The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been analyzed and reviewed to ensure that the project will not adversely affect the health, safety and general welfare of the citizens of Temecula. The project has been appropriately conditioned to ensure that the health, safety and welfare of the community will be protected and promoted, and that the conditional use will be complementary to the existing uses within the Bel Villaggio shopping center and other surrounding uses. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). 1. The project involves negligible or no expansion of an existing use. The 3,866 square foot suite, in which EONS Gaming will occupy, was built as a part of a shopping center that was previously reviewed and approved by the City of Temecula Planning Commission. The proposed conditional use, a video gaming facility, does not include any new construction or physical expansion of the existing multi-tenant structure. The site contains sufficient parking spaces and improvements for the proposed use. The building is not being expanded and the approval will not result in a significant expansion beyond that which exists currently. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0183, a video gaming facility, located at 41533 Margarita Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 4 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of November 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of November 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary 5 EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0183 Project Description: A Minor Conditional Use Permit to authorize EONS Gaming to operate an indoor video gaming facility within a 3,866 square foot unit located at 41533 Margarita Road, Suite M101, in the Bel Villaggo shopping center Assessor's Parcel No.: 921-830-015 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: November 19, 2008 Expiration Date: November 19, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-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)). . PL-2. The applicant shall review and 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. General Requirements PL-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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-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. PL-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. PL-7. A separate building permit shall be required for all signage. PL-8. 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. PL-9. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on-site plan. PL-10. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. PL-11. The applicant shall comply with their Statement of Operations dated August 25, 2008, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-13. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-14. The applicant shall ensure compliance with the written Policies of EONS Gaming on file with the Planning Department, unless superseded by these Conditions of Approval. PL-15. The regular hours of operations shall be as follows: Sunday through Thursday 12 p.m. to 10 p.m., and Friday and Saturday 10 a.m. to 12 a.m. PL-16. A Temporary Use Permit shall be submitted and reviewed on a case-by-case basis if the applicant is requesting extended hours of operations for summer, holidays and special events such as gaming tournaments. PL-17. The applicant shall post at least three "No Loitering" signs throughout the project site subject to the approval of the Director of Planning. PL-18. At least one adult employee shall be present during all hours of operation to ensure security and supervision at the facility. PL-19. The applicant shall maintain an interior waiting area for no less then five customers. PL-20. The rear doors shall be used for emergency purposes only, and shall not be used by customers for entrance/exit privileges. PL-21. The applicant shall furnish one bicycle rack (four spaces total) on the project site, subject to the approval of the Director of Planning. PL-22. The permittee shall ensure that all patrons are provided with a copy of the policies of EONS Gaming Policies and that each patron reads and signs the document. PL-23. Management and all employees of the establishment shall ensure that all patrons comply with all EONS Gaming Policies, rules and regulations. Copies of these signed documents shall be kept on file at the establishment. PL-24. The permittee shall post in a conspicuous location the policies of EONS Gaming Policies. PL-25. The permittee shall ensure that access to detrimental viewing/adult themed material shall be blocked by security software that shall be installed on all of the computers in the facility. PL-26. The viewing of adult material is strictly prohibited within the facility. PL-27. The permittee shall ensure that each patron fills out a member information card and all minors shall have their parent and/or legal guardian sign the parental consent form indicating which Entertainment Software Review Board (ESRS) rating is authorized. This information shall be kept on file at the establishment. PL-28. The applicant shall post in a conspicuous location the Entertainment Software Review Board (ESRB) rating for computer and video games. PL-29. The permittee shall post at the entrance of the business the 10 p.m. curfew notice (attached) and inform parents/legal guardians of the Temecula Municipal Code Section 9.12.020. PL-30. The applicant/permittee shall ensure that each patron wears a headset while using the computers. Prior to Issuance of Building Permit(s) PL-31. The applicant shall show the location of the bike racks to be installed on the building plan check submittal subject to the approval of the Director of Planning. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-2. Provide disabled access from the public way to the main entrance of the building. B-3. Provide van accessible parking located as close as possible to the main entry. B-4. Show path of accessibility from parking to furthest point of improvement. B-5. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. As applicable to scope of work proposed. B-6. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-8. Provide number and type of restroom fixtures, to be in accordancewith the provisions of the 2007 edition of the California Plumbing Code. B-9. Provide precise grading plan to verify accessibility for persons with disabilities. 'Prior to Issuance of Building Permit(s) B-10. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-11. A pre-construction meeting is required with the building inspector priorto the start of the building construction. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS-2. The.applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS-3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F-1. 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. F-2. 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 Chapter 1). Prior to Issuance of Building Permit(s) F-3. If full height walls and T-Bar ceiling.are to be added/constructed then a sprinkler tenant improvement plan will be required to be submitted. 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. These plans must be submitted prior to the issuance of building permit. F-4. If the suite does not have a fire alarm notification device (horn or a horn/strobe) then a alarm tenant improvement plan will be required to be submitted. 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. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-5. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six- inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). POLICE DEPARTMENT General Requirements PD-1. Based upon the type of events, there are no requirements for additional police officers to be present, however, two security officers will be required on-site if repeated calls for service occur at this location. PD-2. Applicant will comply with Ordinance 97-07,9.14.010 Temecula Municipal Code Series. PD-3. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of operation. PD-4. Applicant will ensure sufficient lighting is provided for customers during hours of darkness if hours of operation extend into the night. PD-5. At no time will any public road closures occur without prior approval from the Temecula City Council. PD-6. Applicant will ensure juveniles are not exposed to any display of adult materials and ensure this type of adult entertainment is not present on-site per City Municipal Code 9.04.020 (Display of adult materials harmful to minors) TMC. PD-7. Applicant will familiarize employees with City Municipal Code 9.12.020 (Curfew Established) TMC Curfew for minors. Applicant should have in plain view a sign stating the curfew law, so that every patron will be knowledgeable about the law. PD-8. Applicant will ensure both pedestrian and vehicle traffic is not impeded by this event. Sidewalks and roadways throughout this area will be kept clear for movement of pedestrian foot and vehicle traffic. PD-9. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestion, public disturbance or where the need for police presence is required. PD-10. The Temecula Police Department reserves the right to stop, cancel or temporarily delay all or portions of any activities occurring at this event, when police or public safety becomes an issue. PD-11. Employee training regarding retail theft, credit card prevention, business security survey and any other related crime prevention training procedures are available through Crime Prevention Unit. STATEMENT OF OPERATIONS AND JUSTIFICATION Management and Operations Summary 5.5 Management Summary E*ONS is an owner operated business. E*ONS will be operated by Adam Burkhalter, Maria Burkhalter, Jonathan Bagnall, and Samantha Burkhalter (hereinafter referred to as the Managers). The company, being small in nature, requires a simple organizational structure. Implementation of this organizational form calls for the Director of Operations (Adam Burkhalter) to make all of the major management decisions in addition to monitoring all other business activities. Our business is based on maintaining a well supervised, family-friendly environment. Our major marketing tool is a controlled, safe environment that parents will feel comfortable leaving their children at. We take that responsibility very seriously. 5.6 Personnel Plan The staff will consist of 3 part-time floor operators working a minimum of 20 hours per week. Business hours will be 12 p.m. to 10 p.m. Sunday through Thursday and 10 a.m. to 12 a.m. Friday and Saturday. There will be a minimum of one Manager at all times, Monday through Thursday during business hours. There will be a minimum of two Managers at all times, Friday through Sunday during business hours. In addition, an on-call service technician (who is more technologically oriented to handle major system repairs/inquiries) is contracted through a third party. This simple structure provides a great deal of flexibility and allows communication to disperse quickly and directly. Because of these characteristics, there will be few coordination problems at any of the E*ONS locations. This strategy will enable E*ONS management to react quickly if any issues arise. 5.7 Operations Summary E*ONS understands that safety is the publics main concern, which is why it is our highest priority. Our equipment produces no hazardous waste or material, and consists of LCD monitors, game consoles, and PC's. E*ONS will implement safety and security policies/procedures immediately upon opening our doors. Those policies/procedures are outlined below: A curfew sign will be posted at the front of the business in plain view. Any violations of curfew law will be reported immediately to the Temecula Police Department by E*ONS staff. Any patron that violates this E*ONS rule/policy will be banned from the facility. All customers under the age of 18 will register with E*ONS and must receive a parent/guardian's approval to partake in game play. A valid state i.d. must be provided as proof of age. All registered patrons will receive a list of rules/policies, and an identification card that will store their information for staff to access. If any patron violates E*ONS rules/policies they will be banned from the facility indefinitely. Registered patrons that are 12 years of age or under must be accompanied by an adult. E*ONS staff will maintain constant communication with the parent/guardian of all registered patrons under the age of 18. • Truancies will not be tolerated and will be reported to the appropriate School and Law Enforcement. Al patrons that are within the E*ONS facility while school is in session must provide proof of age, and be over the age of 18. • E*ONS is providing the public with nearly 400 square feet of waiting area to eliminate crowding at the storefront, and loitering. • Loitering will not be allowed and will be resolved immediately by E*ONS staff. Any patron that violates this PONS rulelpolicy will be offered the option to remain inside the facility, or they must leave the premises. If they do not cooperate, then E*ONS staff will contact Law Enforcement. • Access to/from the main entrance to the gaming area of the facility is monitored and controlled by E*ONS staff (see floor plan figure 1). • Access to all game consoles is only available to PONS staff. • Game station seating assignments will be based on age and age appropriate materials. Minors that do not have parental consent for certain game material will not be allowed near or around gamers that have access to such material. PONS staff will constantly monitor this and all other activity by placing "floor operators" in the gaming area at all times. An PONS floor operator will always be present in the gaming area of the facility. • E*ONS will prepare and post an emergency/evacuation plan at all appropriate exits, and in accordance to State law. PONS will work closely with the neighboring businesses to ensure that they do not encounter any problems as a result of our tenancy. (see parking requirements below) • E*ONS is a family-friendly facility and does not cater.solely to the teen-aged public. Our business is operating a facility that is always completely controlled. EONS will function as a family entertainment facility that specializes in interactive and socialized gaming. E*ONS will host birthday parties, special events, and company team-building events in addition to our regular business functions. PONS will offer 30 gaming stations that patrons can reserve by the hour. 5.8 Area Impact PONS is a 2nd generation tenant within the M Building at Be[ Villagio. Our maximum occupancy at any time will not exceed 30 patrons and 4 staff members (to include management), for a total of 34 people. The maximum number of patrons allowed within the gaming area at anytime will never exceed 30, and will be controlled by PONS management. • The number of required parking spaces will not exceed 20 based on the fact that most of our patrons will be dropped-off by parents/guardians, or will walk from the numerous residential tracts in the area. The patrons will be at the facility an average of 2+ hours. The new Main Street expansion which includes two large parking garages, will allow for a portion of the family to go to the mall, while the others walk to E*ONS. The ample parking that has been introduced, in addition to the existing parking is more than sufficient for our needs even at the maximum capacity of 30 vehicles. • During our birthday parties and special events, PONS will not allow more than the maximum of 30 people within/outside the facility at anytime. PONS will be fully staffed for such functions, and will limit function durations to 2 hours. • The average daily peak trips generated by PONS patrons will range between 30 being the low (based on an average of 100% occupancy occurring 1 time per day during Monday - Thursday), and 90 being the high (based on 100% occupancy occurring 3 times per day during Friday, Saturday and Sunday). 5.9 Statement of Justification 1. Is the site suitable and adequate for the proposed use? It is suitable for the proposed use due to the ample parking and ample waiting space available to our patrons. With little to no innovative family entertainment in the immediate area, EONS is long over-due. It will offer the public a close entertainment option, which adds to the quality experience they will encounter within the Main Street shops and restaurants. The site offers adequate restroom facilities, fire exits, and loading/unloading space for all equipment and deliveries. 2. Would the proposed use and design have a substantial adverse effect of traffic circulation and on the planned capacity of the street system? No effect on traffic circulation will occur due to the low volume of patrons "coming and going" from the facility. The average time spent in the facility by our customers will range between 2 and 6 hours. Our customers will typically walk from the Mall, residential areas, or other shops within the Bel Vllagio Center, and will limit the vehicular traffic that is generated. 3. Would the proposed use have a substantial adverse impact on the general welfare of persons residing in the community? Yes, the use will have an impact on the general welfare of persons residing in the community because EONS is offering a safe and controlled environment for the youth and families of Temecula to gather and enjoy themselves. Our goal is to promote a healthy environment for friends and families to socialize and interact with each other, while experiencing the latest technology and interactive media. 4. Is the design of the project compatible with the existing and proposed development within the district and its surroundings? Yes, the design is compatible with the existing and proposed developments because E*ONS is introducing an upscale entertainment facility that is second to none. Our brand new state- of- the- art facility will not be mistaken for the arcade of the 2666 Century, in- fact we are not an arcade at all. We are part of a concept that is completely new to the U.S., but that is spreading all over the world. We are front runners bringing a cutting-edge experience to the greatest community in the Inland Empire. gaming a EONS GAMING POLICIES No tampering with the game systems, hardware, software, or their components. Notify management immediately if an issue occurs with any equipment. No loitering inside or outside of the gaming facility. Players waiting for game stations must wait in the lobby until the next available station is ready. Absolutely no profanity is allowed. No hacking. If we find anyone attempting to hack into any computers, switches, or any other equipment, you will be banned from the property - indefinitely. No cheating, (this includes any unauthorized scripts, confgurations, or any other cheating devices). No smoking. No alcohol or drugs. If management feels that you are under the influence of drugs or alcohol, you will be asked to leave. It is the management's discretion. No viewing of inappropriate, illegal, or immoral websites. You will honor all copyright laws and ordinances pertaining to computer usage. No defacing of Eons Gaming property. No verbal or, physical fighting will be tolerated and will result in immediate expulsion from the facility. Eons Gaming is not responsible for lost or stolen items. Anyone attempting to share their account, or any persons attempting to use someone else's account will be banned from all Eons Gaming facilities. S.w£ 1 CURFEW FLYER 10 P.M. CURFEW The City of Temecula and the Temecula Police Department want to ensure the safety of all juveniles in the city. To further this effort the City has established a 10 P.M. curfew which the Temecula Police Department strictly enforces. After 10 P.M. any person under 18 years of age and who is in a public area must be accompanied by a legal guardian who is over 18. Max FPS Gaming encourages our minor customers to be picked up by 10 P.M. or be accompanied by a parent and/or legal guardian. Temecula Municipal Code 9.12.020 Curfew established. Every minor who is present in or upon any public or private street, road, drive, alley or trail; any public or community park or recreation area; any public ground, place or building; or any vacant lot or abandoned or vacant building between the hours of ten p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection C of this section. (Ord. 97-16 § 2(A): Ord. 94-20 § 2 (part)) NOTICE OF PUBLIC HEARING 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: PA08-0183 Applicant: EONS Gaming Proposal: A Minor Conditional Use Permit to authorize EONS Gaming to have an indoor video gaming facility within a 3,866 square foot unit located at 41533 Margarita Road, Suite M101, in the Bel Villaggio shopping center Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Dana Schuma Place of Hearing: City of Temecula, Council Chambers Date of Hearing: November 19, 2008 Time of Hearing: 6:00 p.m. I 8 e~ Project Site / gl o too ~ ew Fns 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 the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694-6400.