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HomeMy WebLinkAbout121091 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA TEMPORARY COMMUNITY CENTER - 27475 COMMERCE CENTER DRIVE DECEMBER 10, 1991 - 7:00 PM EXECUTIVE SESSION: 5:30 PM Main Conference Room -Temecula City Hall, 43174 : Busine,~s Park Drive, Closed session. pursuant to Government Code Section No. 54956.9(b) regarding potential litigation. Next in Order: Ordinance: No. 91-44 Resolution: No. 91-118 CALL TO ORDER: Invocation Pastor Simmons - Foursquare Church Flag Salute Councilmember Lindemans ROLL CALL: Birdsall, Lindemans, Moore, Muf~oz, Parks PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS Award of Bike Safety Poster Contest Winners Presentation of National AAA Award for Pedestrian Safety Presentation by the Temecula Town Association Presentation of Cable Television Grants - Jones Intercable A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item n(~ listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address, For all other agenda items a "Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) 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 City Council request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Standard Ordinance Adoption Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of November 19, 1991 as mailed. 2.2 Approve the minutes of November 25, 1991 as mailed. 2.3 Approve the minutes of November 26, 1991 as mailed. 3 Resolution AoDroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Cancellation of the ReGular City Council Meeting Scheduled December 24, 1991 RECOMMENDATION: 4.1 Cancel the regularly scheduled meeting of December 24, 1991 and reschedule it to take place on December 17, 1991. 5.1 5.2 Award of Bids - City Vehicles RECOMMENDATION: Award the bids to purchase three (3) vehicles for Public Works. Increase the Fiscal Year 1991-1992 Budget for vehicles by $16,500. 6 Resolution UrGinG the Establishment of a School of Law at The University of California - Riverside RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE ESTABLISHMENT OF A SCHOOL OF LAWTO BE LOCATED AT THE UNIVERSITY OF CALIFORNIA AT RIVERSIDE 7 Revised Vesting Final Tract MaD No. 23267-4 RECOMMENDATION: 7.1 Approve Revised Vesting Final Tract Map No. 23267-4, subject to the Conditions of Approval. 8 Vesting Final Tract MaD No. 26861-1 RECOMMENDATION: 8.1 Approve Vesting Final Tract Map No. 26861-1 subject to the Conditions of Approval. 9 Authorization to Purchase Prooertv at Sixth and Front Streets RECOMMENDATION: 9.1 Authorize staff to conduct detailed negotiations and execute all necessary documents to purchase the vacant lot at the northeast corner of the intersection at Sixth and Front Streets at a price not to exceed $917,100, plus the customary buyer's share of closing costs. 9.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1991-1992 BUDGET TO APPROPRIATE $925,000 FOR THE PURCHASE OF ASSESSOR'S PARCEL NUMBER 922-023- 020. 2lagend all 21091 3 12105/91 SECOND READING OF ORDINANCES 10 Ordinance Adopting Standard Drawincls for Public Works Construction RECOMMENDATION: 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 9143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCE AND ADOPTING STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION PUBLIC HEARINGS Any person may submit written comments to the City Council 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 City Clerk at, or prior to, the public hearing. 11 Change of Zone 5631 - Tentative MaD No. 25320 - Bedford Properties (Continued from the meeting of November 12, 1991) Property located north of Pauba Road, between Ynez Road and Margarita Road. RECOMMENDATION: 11.1 Continue the Public Hearing to the meeting of January 14, 1991. 12 Parcel MaD 24085 - Rancho California City Center Association No. 1 (Continued from the meeting of November 26, 1991 ) 73 acre site located on the westerly side of Diaz Road, north of the future extension of Winchester Road. RECOMMENDATION: 12.1 Adopt a Negative Declaration for Parcel Map No. 24085 12.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 24085 TO SUBDIVIDE A 72.6 ACRE PARCEL LOCATED ON THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-022. 13 Parcel MaD 24086 - Rancho California City Center Association No. 1 (Continued from the meeting of November 26, 1991) 70 acre site located on the westerly side of Diaz Road, north of the future extension of Winchester Road. RECOMMENDATION: 13.1 Adopt a Negative Declaration for Parcel Map No. 24086. 13.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 24086 TO SUBDIVIDE A 69.7 ACRE PARCEL INTO 49 PARCELS AT THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-020 14 Adoption of an Adult Business Ordinance RECOMMENDATION: 14.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER FIVE TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE REGULATIONS OF ADULT BUSINESSES 15 Parcel MaD 25139 - 50 Center City Associates A 97 acre site located west of Diaz Road and south of Cherry Street RECOMMENDATION: 15.1 Adopt a Negative Declaration for Parcel Map No. 25139. 15.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 25139 TO SUBDIVIDE A 97.3 ACRE PARCEL INTO 66 PARCELS AND A 6.8 ACRE OPEN SPACE AREA LOCATED SOUTHWESTERLY OF THE FUTURE EXTENSION OF DIAZ ROAD AND SOUTHEASTERLY OF THE FUTURE EXTENSION OF CHERRY STREET AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-018 16 Parcel MaD 25408 - PhilliD T. See A 36 acre site located southwesterly of the future extension of Winchester Road, southwest of Diaz Road, RECOMMENDATION: 16.1 Adopt a Negative Declaration for Parcel Map No. 25408. 16.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 25408 TO SUBDIVIDE A 36.2 ACRE PARCEL INTO 20 PARCELS AND A 6.52 ACRE OPEN SPACE AREA LOCATED ON THE WEST SIDE OF DIAZ ROAD AND SOUTHWESTERLY OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-026. COUNCIL BUSINESS 17 Election of Mayor At this time the Mayor will entertain motions from the City Councilmembers to select the Mayor to preside until the end of calendar year 1992, 18 Election of Mayor PrO Tempore At this time the Mayor will entertain motions from the City Councilmembers to select the Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1991. 19 20 21 Adiustment of City Council Compensation (Pursuant to Government Code Section No. 36516) RECOMMENDATION: 19.1 Consider increasing the compensation by five percent (5%) for each of the last two years. Appointment of Public Safety Commission Member RECOMMENDATION: 20.1 Appoint a member to the Public Safety Commission for a term of three (3) years. APPOintment of Councilmembers to Various General Plan and Specific Plan Committees RECOMMENDATION: 21.1 Appoint a member to serve on the following committees: 21.1.1 21.1.2 21.1.3 General Plan Technical Subcommittee Selection Committee Old Town Specific Plan Selection Committee Old Town Advisory Committee. 22 Chanaes in Policy Guidelines for Old Town Historic Review Board RECOMMENDATION: 22,1 Direct staff to make revisions in adopted policy guidelines for the Historic Review Board, 23 Acceptance of Offer of Dedication - Portion of Via Las Colinas (Continued from the meeting of November 12, 1991) RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO, 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF A PORTION OF VIA LAS COLINAS AND ACCEPTING SAME INTO THE CITY MAINTAINED STREET SYSTEM 24 Status Report on French Valley AirPort RECOMMENDATION: 24,1 Receive, discuss and file report. CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: December 17, 1991,7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING - (To be held at 8:00) CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: Next in Order: Ordinance: No. 91-02 Resolution: No. 91-13 President J. Sal Mu~ioz DIRECTORS: Birdsall, Lindemans, Moore, Parks, Mu~oz Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. DISTRICT BUSINESS 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of the meeting of November 26, 1991 as mailed. 2 Cancellation of Regular Meeting Scheduled December 24, 1991 RECOMMENDATION: 2.1 Cancel the regularly scheduled meeting of December 24, 1991 and reschedule the meeting to take place on December 17, 1991. 3 Election of President of the Temecula Community Services Board of Directors At this time the President will entertain motions from the Board of Directors to select the President to preside until the end of calendar year 1992. 4 Election of Vice President of the Temecula Community Services Board of Directors At this time the Preside will entertain motions from the Board of Directors to select the Vice President to preside until the end of calendar year 1992. 9 12/~619 1 GENERAL MANAGER'S REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting December 17, 1991, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Resolution: No. 91- CALL TO ORDER: ROLL CALL: Chairperson Peg Moore presiding AGENCY MEMBERS: Birdsall, Lindemans, Mu~oz, Parks, Moore PUBLIC COMMENT: AGENCY BUSINESS Anyone wishing to address the Agency, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. Minutes Of November 26, 1991 RECOMMENDATION: 1.1 Approve the minutes of the meeting of November 26, 1991 2 Cancellation of Rec~ular Meetincl of December 24. 1991 RECOMMENDATION: 2.1 Cancel the regularly scheduled meeting of December 24, 1991 and reschedule the meeting to take place on December 17, 1991. 3 Election of Chairperson of the Temecula Redevelooment Aqencv At this time the Chairperson will entertain motions from the Agency members to select the Chairperson to preside until the end of calendar year 1992, 4 Election of Vice Chairperson of the Temecula RedeveloDment Aqencv At this time the Chairperson will entertain motions from the Agency members to select the Vice Chairperson to preside until the end of calendar year 1992. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting December 17, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California PROCLAMATIONS AND PRESENTATIONS O NEWS from the Auto Club Automobile Club of SoUthern California · 2(::01 S. FlgueroQ Street, Los Angeles, CA 90007 CONTACT: CathyZaitz,(714)694-9403 FOR RELEASE: Immediately Jeffrey Spring, (213) 741-4410 CITY {"IF TEMECULA HONORED FOR PEDESTRIAN SAFETY (TEMECULA, Calif., December 5, 1991) -- The City of Temecula has carned a P¢cleswian Safety Citation for its outstanding pcdeswian safety accomplishments in the American Automobile Associafion's (AAA) Pedestrian Protection Program, coordinated locally by the Automobile Club of Southern California. Cathy Zaitz, manager of the Auto Club's Temecula office, will present the award to the Temccula City Council on Tuesday, December 10, during a 7 p.m. city council meeting at Temect~a City Ha/l, 27475 Cornmere- Center Drive, The City of Temecu/a competed among 424 cities with populations of 25,000 to 50,000. The citation recognizes exceptional pedestrian safety programs. More than 2,400 cities and 27 states nationwide participated in this year's progxam. Elements evaluated in the competition include quality of school traffic safety programs, maintenance of accident records, safety legislation, enforcement, traffic engineering and active public information and education programs. "AAA evaluates a community's efforts to teach pedestrians about the dangers of walking near tra.ffic and to help them learn important safety skills," explained 7~it~. The Automobile Club of Southern California, the largest affiliate of the American Automobile Association, has been giving members since 1900. Today, the Auto Club's 3.7 million members benefit by the organization's emergency road service, public safety programs, travel planning, highway and transportation safety programs, automotive t~sting and analysis, automobile and homeowner~ insunnce and legislative advocacy. - 30 - The Automobile Club of 8outhorn California, a not-lot-profit organlzetlOn, s~rves Its more than 3,6 mtlllon member8 by Offering not only a verlely el ssrvlcel to meet their motorInS tieida, but by assuming leadership In those flaldl of public ssrvic~ which ere In the beet Interest of ths mMortng public and the community. ITEM NO. 1 ITEM NO. 2 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD NOVEMBER 19, 1991 An adjourned regular meeting of the Temecula City Council was called to order at 5:42 PM in the Main Conference Room, City Hall, 43142 Business Park Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks ABSENT: I COUNCILMEMBERS: Muf~oz Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. EXECUTIVE SESSION Mayor Parks declared a recess to an executive session pursuant to Government Code Section 54956 (a), (b) and (c) to discuss Pulte Homes vs the City of Temecula and potential litigation. The meeting was reconvened at 7:04 PM in regular session by Mayor Parks with all Councilmembers present. INVOCATION The invocation was given by Pastor Lucille Murray, the Center for Life Enrichment PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Mu~oz. PUBLIC COMMENTS Chris Proud, 44582 LaPaz Road, addressed the Council speaking in opposition to the suggestion that a 9:00 PM curfew and $500. fine for violators be instituted in the City. In response to Councilmember Lindemans, he said that a later curfew would be a better solution for the young people who work evening jobs and have high school activities which do not end until after nine or ten in the evening. In response to a question from Mayor Pro Tem Birdsall, he stated he thought the formation of a Teen Council would be a good source for receiving input from the youth in the areas regarding problems they face and programs which would be of interest and benefit to them. He also said he would be willing to serve on a committee of this sort. Minutes\11/19/91 -I- 11/25/91 City Council Minutes November 19, 1991 Sydney Vernon, 30268 Marsay Court, spoke in opposition to having several organizations, such as the Boys and Girls Club and the Community Recreation Center Organization working on the same type of project. John Hunnemen, 39557 Del Val Drive, Murrieta, speaking as a private citizen, stated that he has been discussing the lack of recreational facilities for 12 to 17 year old residents with the public and particularly the young people. He asked the City Council to address the issues of gangs, drugs and crime before there are more serious problems in these areas. He finalized his remarks by commending the City's newly instituted Police Bicycle Officer program for its effectiveness. COUNCIL BUSINESS Policy Direction to the Plannino Commission Mayor Parks asked that the City Council come to some consensus on the guidelines that will be presented to the Planning Commission at a joint meeting scheduled for Monday, November, 25, 1991. Mayor Pro Tam Birdsall stated that recent economic factors have changed some of the initial direction given to the Commission and she believes that while the Council has modified some of their actions as a result of these factors, they have not shared the reasons for their decisions with the Planning Commission. Councilmember Muf~oz stated he feels the Planning Commission has operated in an exemplary manner and he believes the should be treated as an advisory body not as a rubber stamp of the City Council. Mayor Parks stated his concerns are that denials are being made without the Commission explaining their reasons for voting for denial. Councilmember Muf~oz stated he is concerned that the minutes may not be reflecting the statements of the Planning Commissioners with regard to reasons for voting in a specific way. Councilmember Lindemans stated he believes individuals have every right to develop their property and unless there are valid objections from the members of the neighboring properties, or development can not be reasonable accomplished due to ecological concerns, they should not be denied that right. He said he particularly objects to decisions being made based upon matters of personal taste. Mayor Parks said he has received complaints from project applicants that they have been limited, by the Commission in making presentations and in giving rebuttals. He added he feels the Planning Commission should serve as the primary body for Minutes\Ill19/91 -2- 11/25/91 City Council Minutes November 19. 1991 conducting Public Hearings and at present the Council is having to hear too many appeals. Councilmember Moore stated she feels that the City Council is receiving many more public comments during public hearings than the Commission. She said her concerns are that the minutes of the Commission do not reflect enough attention to public input. Councilmember Muftoz said he would like the Commission to be more responsive to the wishes of the public. Councilmember Lindemans stated that as elected officials, it is the City Council's responsibility to know and to serve the will of the public and the Planning Commission has the responsibility to advise the Council on planning and land use matters. City Manager David Dixon suggested that the role of staff also be discussed during the meeting of November 25, 1991. He asked that the City Council consider direction to staff for dealing with administrative procedures. Mayor Parks asked if the Planning Commission has been given opportunities to attend educational meetings and seminars for Commissioners. Planning Director Gary Thornhill responded that the Commissioners attend the League of California Cities Planning Commissioner's Workshops annually and are encouraged to attend other meetings. Mayor Pro Tem Birdsall suggested that the Planning staff might make an effort to standardize the first 10 or 20 conditions contained in Conditions of Approval. She felt it would be helpful to know where to look numerically for a specific condition. Mayor Parks expressed his belief that "personal attacks" have no place in official meetings. Mayor Pro Tem Birdsall questioned if having a strong personal interest in a project, even if it was not of a financial nature, could be a reason for abstaining on a matter. City Attorney Scott Field advised that to abstain on those grounds would cause a serious problem since it, in fact, would affect the quorum and would constitute a "no" vote. Mayor Parks said he would like to have the Planning Commission "buy into" the City Councit's "fast tracking" programs for industrial growth within the community. He expressed the concern that mixed messages are being sent to industrial developers interested in the area. City Manager Dixon advised that in most cases the Planning Commission has done a fine job in helping expedite projects such as the ACS, Professional Hospital Supply and Costco developments. He added it is very important that on the occasions when this does not happen, the reasons need to be investigated to determine how to correct such situations. Minutes\ 11/19/91 -3- 11/25/91 CiW Council Minutes November 19, 1991 Larry Markham, Markham and Associates, 41750 Winchester Road, stated that in the ACS situation, the problems were in the transition of the project from the County of Riverside to the City of Temecula. He said when the project came into the hands of the current City staff, it was handled very expeditiously. He also observed that the City gets excellent citizen participation but that applicants are not given adequate time to make presentations before the Planning Commission. Mr. Markham advised the Council of the need for establishing architectural guidelines to help avoid the problem of subjective opinions, based on personal taste, being used to make decisions. CITY MANAGER REPORTS City Manager Dixon reported that staff will make a presentation at the next regular Council meeting addressing an action plan for programs directed to young adults in the community. He also advised that Dr. Novatney of the Temecula Unified School District has asked to have a joint meeting of the School Board and City Council scheduled. CITY ATTORNEY REPORTS City Attorney Scott Field advised that the Pulte Homes vs the City of Temecula case is nearing a possible settlement and will be appearing on an agenda in the next few weeks. CITY COUNCIL REPORTS Councilmember Mur~oz stated the RTA Route 23 figures show a ridership in excess of 1,000 for the month of October and he asked that the Council give some thought to ways to enhance the service. Mayor Parks said he has issued a complaint to staff regarding the quality of the video coverage of the City Council meetings and that staff is following up on this with the video recording company and the cable operator. ADJOURNMENT It was moved by Councilmember Lindamans, seconded by Mayor Pro Tam Birdsall to adjourn at 8:45 PM to a meeting to be held jointly with the Planning Commission on Monday, November 25, 1991 at 7:00 PM in the Main Conference Room, City Hall, 43174 Business Park Drive. The motion was unanimously carried. ATTEST: RONALD J. PARKS, MAYOR JUNE S. GREEK, CITY CLERK Minutes\l 1/19/91 -4- 11/25/91 MINUTES OF A JOINT MEETING OF THE TEMECULA CITY COUNCIL AND THE TEMECULA PLANNING COMMISSION HELD NOVEMBER 25, 1991 A joint meeting of the Temecula City Council and the Temecula Planning Commission was called to order in the Main Conference Room, Temecula City Hall, 43174 Business Park Drive at 7:04 PM, Mayor Ronald J. Parks presiding. ROLL CALL Temecula City Council PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mur~oz, Parks ABSENT: 0 COUNCILMEMBERS: None Temecula Planninq Commission PRESENT: 4 COMMISSIONERS: Fahey, Ford, Hoagland, Chiniaeff ABSENT: I COMMISSIONERS: Blair Also present were City Manager David F. Dixon, City Attorney Scott F. Field, Planning Director Gary Thornhilt and City Clerk June S. Greek. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Karel Lindemans. PUBLIC COMMENTS Mary Porter, 41479 Chenin Blanc, addressed the Council and Commission regarding the Buie Corporation Development at Rancho California Road and Meadows Parkway. She expressed concern that unrestricted apartments are to be developed at that site, contrary to the original plans which called for senior citizen units. Planning Director Gary Thornhill stated that the apartment units proposed are age restricted units per the original specific plan. Sydney Vernon, 30268 Mersey Court, encouraged the Council and Commission to approve a policy adopting and adhering to strict development time lines. Minutes\l\9\90 -1- 12/03/91 City Council Minutes January 9, 1990 COUNCIL BUSINESS City Council Policy Direction to Plannine Commission Mayor Parks opened the discussion by explaining the intended purpose of the joint meeting. He stated the City Council is concerned that the reasons for the Planning Commission's denial of various projects is not always explained. Commissioner Ford asked that specific examples of this happening be given to the Commission. Commissioner Chiniaeff stated that when new information comes up during the Planning Commission public hearings, the staff can not always anticipate what the Planning Commission's concerns will be, therefore the Commission may as a result of that new information make findings which are not consistent with the staff's original recommendation. Mayor Pro Tem Birdsall addressed the recent economic impacts on the community and stated that she feels the City Council has changed their stance on some development issues as a result of the need to help stimulate growth. She gave the example of possibly requiring less in the way of esthetics. Councilmember Mu~ioz said he would like to see that all parties concerned in a Public Hearing are given adequate time to present their cases. He also said he is anxious to see an explanation of the reasons for voting against certain projects reflected in the Commission's minutes. Mayor Parks advised that the concern of the City Council is that ample time be given to applicants after a Public Hearing has been closed to public comment, particularly to rebut any new information which comes up during the Commission's questioning of staff. Commissioner Chiniaeff said he feels the Commission is charged with the duty of making decisions based on good planning, which is the same in a good or a bad economy. Commissioner Fahey stated the Commissioners feel they were given their direction from the Council at the time they were interviewed for positions on the Planning Commission. As a result of that direction, she said the Commission has attempted to be very consistent in their decisions, particularly since the General Plan has not yet been adopted. She also felt that the staff needs to do a better job of communicating the Commission's actions and reasons to the Council through staff reports. Minutes\l \9\90 *2- 12/03/91 Citv Council Minutes January 9. 1990 Councilmember Moore requested that the Commissioners give specific reasons for the record when they abstain from voting on any matter. Councilmember Mur~oz asked if there is a reason why Commissioners can not attend a City Council meeting when the Council is holding a Public Hearing on a matter appealing a Commission decision or one that by law is required for the Council to hear. City Attorney Scott Field advised that there is no legal impediment to having a member or members of the Planning Commission in attendance at City Council meetings. Mayor Parks outlined his concerns that the applicants and the City Council need to know why the Planning Commission is reversing staff recommendations. He also said that he has been receiving complaints that there have been "personal attacks" made on individuals appearing before the Commission. City Clerk June Greek, explained the City Council's adopted policy regarding minutes and strongly urged the Commission to reread the policy as it relates to stating reasons for casting negative votes. Mayor Pro Tem Birdsall asked to clarify statements she made regarding the present economy causing changes in the way projects are approved. She said she did not mean to imply that any of the basic considerations should be eliminated. Commissioner Fahey said the Commission tries to give general findings for all projects. She said she feels perhaps the findings might be too general. She also expressed concern that there has been a problem for the Commission created by the turnover in staff as a result of phasing out consultants and adding new City staff. Commissioner Chiniaeff said many policies are being set during general discussion, and he also said the Planning Commission wished to place importance on the standards being set without the benefit of a General Plan. He stressed that the Commission is trying to do their best in the absence of that important planning tool. Commissioner Ford said this is a constantly changing process and a time in which both the Commission and the staff are growing in their working relationships. He added that the Commission would like to see more input from the other City departments for projects containing slopes, parks, etc. He spoke in favor of the Commission trying to assist in the preparation of more accurate minutes. Planning Director Thornhill, stated that the staff and some members of the Commission are very concerned with the lack of a General Plan, having to work with the County's ordinance, and having to make changes to the process. Commissioner Chiniaeff added that the City is fortunate to have the expertise it has on the Commission and they have often been able to provide assistance to City staff as a result of their expertise. Minutes\ 1 \9\90 -3- 12/03/91 CiW Council Minutes January 9. 1990 Chairman Hoagland stated the Commission is attempting to improve projects submitted to them because they believe this is their charge from the City Council. Councilmember Lindemans left the meeting at 8:00 PM. Permit Process Streamlininq Mayor Parks opened the discussion by advising the Commission that the Council is anxious to have the Commission share in designing a more efficient process for processing various permits. Commissioner Chiniaeff said he feels the Commission should not be given direction to approve something without doing their complete job of review. City Manager David Dixon stated it is not staff's intention to dictate to the Commission and they do not wish to see any lowering of the City's high standards. Planning Director Gary Thornhill presented the staff report and referred to materials handed out to the Commission and Council which described the present approval process. He advised that the process at the present time does not allow staff to approve plot plans in the framework of environmental review. He also suggested that projects which require Negative Declarations or that require Categorical Exemptions under the state law, might be considered for staff approval. He stated that Conditional Use Permits only requiring a change of use are still having to be heard by the Planning Commission. He itemized the following areas for discussion: Conditional Use Permits Mr. Thornhill suggested that Plot Plans of 5,000 to 10,000 square feet, that do not require environmental review could be delegated to staff for review and approval. Mayor Parks asked to see a percentage of case load that projects of this description represent. Substantial Conformance Mr. Thornhill added that projects that require a finding of substantial conformance is also a matter that might now be given to staff for approval. Commissioner Hoagland said this is an area that the Commission specifically requested the opportunity to see, at an earlier point, when the City was being staffed completely by consultants. Minutes\l \9\90 -4- 12/03/91 City Council Minutes Jenuan/9, 1990 Parking Adjustments Mr. Thornhill recommended that parking adjustments could be approved at the Director level on simple adjustments. Small Parcel Maos Director Thornhill suggested small Parcel Maps of four lots or less could also be handled administratively. Change of Use Minor CUP's Mr. Thornhill said this recommendation would cover use permits similar to that of a Day Care Facility. Time Extensions Reversion to Acreaae Certificates of Compliance Variances or Modifications Mr. Thornhill said this recommendation is not for true variances which require a Public Hearing but for modifications which do not require necessary findings. Councilmember Muf~oz said the complaints he has heard about the time required for processing have had to do with the time it takes to have projects processed by City staff prior to these matters going to the Commission or the City Council. Director Thornhill explained that this type of complaint is a result of staff not having the authority to approve anything administratively and therefore time is taken up in placing these minor matters on agendas and doing all of the necessary staff reports in preparation for an agenda. He advised Councilmember Mur~oz that the projects which must go to the City Council are Zone Changes, Changes to the General Plan and Specific Plans and or Development Agreements. City Attorney Scott Field advised that Plot Plans could be handled administratively by by the staff in the case of small plans and the Planning Commission in the case of larger Plot Plans. Larry Markham, Markham and Associates, 41750 Winchester Road, addressed the Council and Commissioners regarding the need to allow staff to approve Substantial Conformance items and permit revisions. Minutes\l \9\90 -5- 12/03/91 City Council Minutes JanMew 9. 1990 Mayor Parks asked the Planning Commission if they felt comfortable giving some of this responsibility to the Planning staff. The general indication from the Planning Commissioners was that they would like to have this matter placed on their agenda for further discussion. Councilmember Mufloz, requested that staff make a policy statement that projects will not be allowed to be side-tracked by staff for any reason. City Manager Dixon stated that nothing will be ever be allowed to sit on an employees desk during vacations or any other absences. Commissioner Hoagland stated that standards of performance need to be established, specifically that developers need to be given realistic time frames for expected completion of the process. Mayor Pro Tem Birdsall suggested the creation of a pamphlet to give to developers which outlines normal expected time frames for various projects. Commissioner Ford asked if there are also responsibilities that can be reassigned from the City Council to the Planning Commission. He questioned if the Council is willing to relinquish some of their current authority to the Planning Commission to assist in the processing of projects in a timely manner. CITY MANAGER REPORTS City Manager Dixon reported that staff is currently engaged in a study of fees and charges for development impacts. CITY ATTORNEY REPORTS City Attorney Field asked that the Council adjourn to an Executive Session at 5:30 PM on December 10, 1991. COMMISSION REPORTS Chairman Hoagland expressed the Planning Commissions appreciation for the time the City Council has devoted to this joint meeting. CITY COUNCIL REPORTS Councilmember Moore said she is concerned about the City not conditioning projects to require the completion of roads prior to the beginning of the project development. She also stated she would like to see Conditional Use Permits reviewed for appropriateness of use. Minutes\ 1 \9\90 -6- 12/03/91 City Council Minutes Jenuarv 9. 1990 ADJOURNMENT It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Moore to adjourn at 9:00 PM to an Executive Session to be held on December 10, 1991 at 5:30 PM in the Main Conference Room at City Hall, 43174 Business Park Drive, followed by the regular City Council meeting to be held at 7:00 PM at the Temporary Temecula Community Center, 27475 Commerce Drive, Temecula, California. The motion was unanimously carried with Councilmember Lindemans absent. It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to adjourn to a regular meeting of the Planning Commission to be held on December 2, 1991, at 6:00 PM in the Vail Elementary School, 29915 Mira Loma Drive, Temecula California. The motion was unanimously carried with Commissioner Blair absent. RONALD J. PARKS, MAYOR ATTEST: JOHN E. HOAGLAND, CHAIRMAN JUNE S. GREEK, CITY CLERK Minutes\ 1 \9\90 -7- 12/03/91 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD NOVEMBER 26, 1991 A regular meeting of the Temecula City Council was called to order at 5:35 PM in the Main Conference Room, Temecula City Hall, 43174 Business Park Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 3 COUNCILMEMBERS: ABSENT: 2 COUNCILMEMBERS: Birdsall, Lindemans, Moore Mufloz, Parks Also present were City Manager David F. Dixon, Assistant City Manager Mark Ochenduszko, City Attorney Scott F. Field and City Clerk June S. Greek. EXECUTIVE SESSION Mayor Pro Tern Birdsall declared a recess at 5:36 PM to an executive session pursuant to Government Code Section 54956.9(b) and (c) regarding Potential Litigation. The meeting was reconvened at 7:02 PM in regular session by Mayor Pro Tem Birdsall. PRESENT 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufloz ABSENT: 1 COUNCILMEMBERS: Parks Also present were City Manager David F. Dixon, Assistant City Manager Mark Ochenduszko, City Attorney Scott F. Field and Recording Secretary Susan W. Jones. INVOCATION The invocation was given by Pastor Ron Bolt, Peoples Church of the Valley PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Moore. PRESENTATIONS/ PROCLAMATIONS Mayor Pro Tem Birdsall proclaimed November 24th - December 1 st as "1991 California Family Week". Mayor Pro Tern Birdsall proclaimed the month of November, 1991 "National Hospice Month". Hinutes\11\26\91 -1- 12/02/91 City Council Minutes November 26.1991 PUBLIC COMMENTS Margaret Benzango, 41498 Avenida Barca, presented the City Council with information regarding the "Friday Night Live" program. She explained this program is designed to prevent alcohol and drug use among teenagers. Cynthia Bonner, 30955 Corte Arroyo Vista, addressed the Council in opposition to the street closure on Avenida de la Reina. She stated that by blocking this street, the problem has been diverted to other areas of the neighborhood, and asked that the Council seek other alternatives. Jennifer Wilson, 41513 Avenida De La Reina, a 16-year old high school student, spoke in opposition to the street closure. Margaret Fultz, 31408 Corte San Leandro, spoke in opposition to the closure of Avenida De La Reina, stating that blocking an access in and out of the neighborhood creates a safety problem. Frank Dichiera, 31005 Calle Aragon, addressed the Council in favor of the closure of Avenida de la Reina. Mikken de Sanchez, 31418 Corte Sonora, addressed the Council in opposition to the closure of Avenida de la Reina. Todd LiPetri, 41663 Avenida de la Reina, spoke in favor of making the closure at Avenida de la Reina a permanent solution. Laura Haskell, 31271 Corte Alhambra, addressed the Council in opposition to the closure of Avenida de la Reina. Marry Rauscher, 31257 Corte Alhambra, spoke in opposition to the closure of Avenida de la Reina and stated that if this street is not re-opened prior to Christmas Vacation, this matter would be pursued through legal means. David Servetter, 31365 Paseo Goleta, representing SAS (Street Access Solutions), addressed the Council in opposition to the street closure on Avenida de la Reina, requesting that this street be re-opened prior to Christmas Vacation. He stated other solutions should be researched that would better serve the entire neighborhood, such as, speed bumps, 25 mph speed limit, "Children at Play" signs and road closure signs between the hours of 6:00 am and 4:00 pm. Melinda Rauscher, 31257 Corte Alhambra, SAS Representative, spoke in opposition to the street closure at Avenida de la Reina. Ron Roberts, 31257 Corte Alhambra, SAS, addressed the Council in opposition to the street closure at Avenida de la Reina. Ninutes\11\26\91 -2- 12/02/91 City Council Minutes November 26.1991 Lisa Vitucci, 31130 Corte Arroyo Vista, addressed the Council in favor of the closure of Avenida de la Reina. Mary Ann Gordon, 31290 Corte Alhambra, SAS, spoke in opposition to the street closure at Avenida de la Reina. Anthony Bergeron, 31300 Corte Alhambra, SAS, spoke in opposition to the street closure at Avenida de la Reina. Elmer Juliano, 31220 Corte Alhambra, SAS, addressed the Council in opposition to the closure of Avenida de la Reina. John Dedovesh, 39450 Long Ridge Drive, suggested a solution to this problem may be found in suspending all parking permits for students who receive speeding violations. Heidi Ponecca, 31260 Corte Alhambra, SAS, addressed the Council in opposition to the street closure at Avenida de la Reina. Rita Hernandez, 31149 Corte Alhambra, addressed the Council in favor of the closure of Avenida de la Reina. Kathy Fuentes, 30980 Corte Arroyo Vista, asked that the City Council serve the majority of the people and find a solution that would benefit the entire neighborhood. She spoke in opposition to the street closure at Avenida de la Reina. Jerry Ohliviler, 31280 Corte Alhambra, spoke in opposition to the closure at Avenida de la Reina. Jean Masek, 31368 Corte Sonora, spoke in opposition to the closure at Avenida de la Reina. She also asked if the high school tennis courts are available for public use, and if not are public tennis courts going to be made available. Aisha, Albia and Ahjile Miller, P.O. Box 1377, Lake Elsinore, addressed the City Council asking that the City protect the environment, specifically the animals and trees. Ms. Miller asked that no further building or pouring of concrete be allowed in the City of Temecula. RECESS Mayor Pro Tem Birdsall called a recess at 8:00 PM to accommodate the previously scheduled Community Services Meeting. The meeting was reconvened following the Community Services District Meeting at 8:11 PM. Ninutes\11\26\91 -]- 12/02/91 City Council Minutes November 26, 1991 6. Renewal of City Liability Insurance 6.1 Approve renewal of contract with Insurance Company of the West to provide General Liability, Excess Liability and Public Officials Errors and Omission coverage. 7. Final Parcel Mao No. 26852 7.1 Approve Final Parcel Map No. 26852 subject to the Conditions of Approval contained in the staff report. Memorandum of Understandino with Bedford Prooerties - Reoarding Series II Bonds for CFD 88-12 8.1 Approve and authorize the Mayor to execute a Memorandum of Understanding with Bedford Properties concerning the sale of bonds in excess of e 19,000,000. 9. Adoorion of Standard Drawinos for Public Works Construction 9.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 9143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCE AND ADOPTING STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION 10. Ordinance Aoorovino Zone Chanoe No. 5470 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 9142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 5740 CHANGING THE ZONE FROM R-A-20 TO I-P AND R-5 ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF RIDGEPARK DRIVE, SOUTH OF RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 940-310-020 AND 021 Hinutes\11\26\~1 -5- 12/02/91 City Council Minutes PUBLIC HEARINGS November 26. 1991 11. Rot Plan No. 239 - Aoolicant Rancho California Water District Headauarters Gary Thornhill, Director of Planning, introduced the staff report. Councilmember Muf~oz asked if landscaping on this site would include drought tolerant plants. Mayor Pro Tern Birdsall opened the public hearing at 8:52 PM. Bob Lemons, Rancho California Water District, said that drought tolerant landscaping would be used. He stated the applicant concurs with the conditions of approval, but explained that the Water District does have some statutory exemptions and will be working with staff during the permit process. Mayor Pro Tem Birdsall closed the public hearing at 8:58 PM. It was moved by Councilmember Moore, seconded by Councilmember Mur~oz to approve staff recommendations as follows: 11.1 Adopt a Negative Declaration for Plot Plan No. 239 11.2 Adopt a resolution entitled: RESOLUTION NO. 91-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 239 TO CONSTRUCT RANCHO CALIFORNIA WATER DISTRICT HEADQUARTERS COMPLEX AS FOLLOWS: 40,000 SQUARE FOOT TWO-STORY OFFICE BUILDING; 13,000 SQUARE FOOT SINGLE STORY WAREHOUSE STRUCTURE; 20,000 SQUARE FOOT SINGLE STORY OPERATIONS AND MAINTENANCE BUILDING; RANCHO CALIFORNIA WATER DISTRICT SERVICE VEHICLE STORAGE YARD AND EMPLOYEENISITOR PARKING AREAS ON A PARCEL CONTAINING 11.5 + ~- ACRES LOCATED BETWEEN AVENIDA DE VENTAS AND WINCHESTER ROAD, APPROXIMATELY 3/4 MILES WEST OF DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-024 (PARENT NO.) The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Hfnutes\11\26\f1 -6- 12/02/91 City Council Minutes November 26.1991 Gary Thornhill, Director of Planning, requested that Items No. 12 and 13 be discussed concurrently. 12. Parcel Mao No. 24085 - Aoolicant Rancho California City Center Association No. 1 13. Parcel Mao 24086 - Aoolicant Rancho California City Center Association No. 1 Director of Planning Gary Thornhill introduced the staff report. Tim Serlet, Director of Public Works, recommended the following modifications to the conditions of approval: Parcel Mao No. 24085, Condition No. 54 should read, "or as approved by the City Engineer". Condition Nos. 82 and 83 should read, "prior to issuance of building permit". Parcel Mao No. 24086, Condition No. 55 should read, "or as approved by the City Engineer". Conditions No. 84 and 85 should read, "prior to issuance of building permit". Councilmember Muf~oz asked for an explanation of the concerns of the City of Murrieta, stating that we should be sensitive to the concerns of surrounding neighbors. Gary Thornhill explained this was a transfer case from the County, and Murrieta's concerns were relative to circulation. Tim Serlet, Director of Public Works, stated that a continuance was requested until the City of Murrieta developed a circulation plan, and it was determined that this would be an unreasonable delay. City Manager Dixon stated he discussed the problem with the City Manager of Murrieta, Jack Smith, and as soon as Murrieta hires a Traffic Engineer, the two cities will meet and discuss mutual concerns. Mayor Pro Tam Birdsall called a brief recess to change the tape at 9:09 PM. The meeting was reconvened at 9:10 PM. Councilmember Lindemans expressed concerns regarding these projects, stating that too much industrial property is available at this time and without the Overland Overpass, access to this property would be inadequate. He requested this matter be tabled until the City's Master Plan is completed. Mayor Pro Tam Birdsall opened the public hearing at 9:15 PM for Item 12 and 13. Minutes\11\26\91 '7' 12/02/91 City Council Minutes 14. November 26. 1991 Dean Allen, Johnson + Johnson, stated the applicant concurs with the conditions of approval. He stated that to provide the for industry to move to this community, space must be available. He stated financing will come from Assessment District 155 and the Council will be approached with a proposal for an additional assessment district. He stated this project would contribute to the Overland Overcrossing at the time building permits are issued. Mayor Pro Tem closed the public hearing at 9:20 PM. It was moved by Councilmember Moore, seconded by Councilmember Mufloz to approve staff recommendations on Items No. 12 and 13. Councilmember Lindemans asked what would be involved in post-poning this item until after the master plan is developed in four months. Gary Thornhill, Director of Planning, stated complications may exist regarding application of completeness and requested that if it is the desire of Council, this matter be continued for two weeks to research the impacts and liabilities which might be a result of tabling these projects. Councilmember Moore withdrew her motion, Councilmember Mu~oz withdrew his second, with the understanding this item would be continued for two weeks. It was moved by Councilmember Lindemans, seconded by Councilmember Mur~oz to reopen the public hearing on Items No. 12 and 13 at 9:34 PM. Dean Allen, representing the applicant, stated he would be in favor of continuing these items for two weeks. It was moved by Councilmember Mur~oz, seconded by Councilmember Moore to continue Items 12 and 13 to the meeting of December 1 O, 1991. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Mu~oz NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: I COUNCILMEMBERS: Parks Tentative Tract Mao No. 25892 - AoDlicant David Pearson Gary Thornhill, Director of Planning, introduced the staff report. Mayor Pro Tem Birdsall opened the public hearing at 9:45 PM. N.J. Paine, 30222 Conte Contera, addressed the Council in support of applicant David Pearson, and requested that Tentative Tract Map No. 25892 be approved. Ninutes\11\26\91 -8- 12/02/91 City Council Minutes November 26.1991 David Asmus, 40521 Calle Cancion, spoke in support of the project, stating it will provide much needed 1/2 acre lots in the City. Richard Masyczek, 25262 Madrone, Murrieta, representing the applicant, stated this project is consistent with existing zoning, SWAP, and all City codes and standards. David Pearson, 41593 Winchester Road, applicant, stated this project has been in process for 3 1/2 years and is consistent with existing zoning of R-R. He stated many studies have been performed for this project, archeology, biology, traffic, etc. He stated 1/2 acre lots are a needed commodity in this community. Mayor Pro Tem closed the Public hearing at 9:57 PM. Councilmember Muftoz stated he feels the Planning Commission has received more input on this project and feels the City should support their decision of denial. He stated he is concerned about increasing density within the City. Councilmember Moore said this is not a zone change since the property is already R-R (Rural Residential). She stated the concerns of the Planning Commission dealt with interior traffic circulation as well as flood control. She added her concerns have been addressed after discussing this matter with staff. Mayor Pro Tem Birdsall stated she feels 1/2 acre parcels are a recognized larger unit and would support approving this project. Councilmember Lindemans stated that since their are no objections to this project, he does not a problem with approval. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve Tentative Tract Map No. 25892 and adopt a resolution entitled: RESOLUTION NO. 91-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 25892 TO SUBDIVIDE A 20 ACRE PARCEL INTO 34 SINGLE FAMILY RESIDENTIAL LOTS LOCATED ON PAUBA ROAD AND KNOWN AS ASSESSOWS PARCEL NO. 9045-090-004 AND 005 The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Moore NOES: 1 COUNCILMEMBERS: Mu~oz ABSENT: 1 COUNCILMEMBERS: Parks Ninutes\11\Z6\f1 -9- 12/02/~1 City Council Minutes November 26.1991 It was moved by Councilmember Lindemans, seconded by Councilmember Moore to extend the meeting until 10:30 PM. The motion was unanimously carried with Mayor Parks absent. Mayor Pro Tem Birdsall called a brief recess at 10:09 PM to change the tape. The meeting was reconvened at 10:10 PM. COUNCIL BUSINESS 15. Pulte Homes vs City of Temecule (e challenoe to the Citv's Sohere of Influence northeast of oresent City boundary) It was moved by Councilmember Lindemans, seconded by Councilmember Moore to remove this item from the agenda. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Parks CITY MANAGER REPORTS City Manager Dixon reported the School Board would like to have a joint meeting with the City Council, and requested the Council check their calendar for available dates. CITY ATTORNEY REPORTS City Attorney Field requested the Council adjourn to an executive session on December 1 O, 1991 at 5:30 PM, City Hall. CITY COUNCIL REPORTS Councilmember Lindemans reported that he and Councilmember Mu~oz are working with staff on the assessments for citizens in the Martinique, Portafino and Rouripaugh Tracts. He also requested that citizens living in those tracts send him a copy of their tax bills. He further reported that Councilmember Birdsall and he are working on a committee for promotional media and will bring a report to the Council on December 17, 1991. Hinutes\11\26\91 -10- 12/02/91 City Council Minutes November 26. 1991 ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Councilmember Moore to adjourn at 10:21 PM to an Executive Session on December 10, 1991 at 5:30 PM at City Hall, regular meeting to begin at 7:00 PM at the Temporary Temecula Community Center. The motion was unanimously carried with Mayor Parks absent. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk Ninutes\11\26\91 -11- 12/02/91 ITEM NO. 3 RESOLIYrION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amounts of $318,246.01 SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOFrED, this 10th day of December, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 3/Resos 223 CITY OF TEMECULA LIST OF DEMANDS 11/22/91 TOTAL CHECK RUN: 11/27/91 TOTAL CHECK RUN: 12/02/91 TOTAL CHECK RUN: 11/21/91 PAYROLL $59,564.58 $153,445.50 $12,363.83 $92,872.10 TOTAL LiST OF DEMANDS FOR THE 12/10/91 COUNCIL MEETING: $318,246.01 DISBURSEMENTS BY FUND: 001 GENERAL 016 RDA 019 TCSD 021 CIP 029 TCSD (CIP) TOTAL BY FUND: PREPARED BY KARMA MCINTYRE MARY JAN ,,~HE!RY, FIRAN E OFFICER, I, ~,,/~. , 1Z :i/ ' ~ ~ ._ MARK OCHEN~I:~J KO, ASSISTANT CiTY MANAGER $234,854.63 $126.50 $53,106.88 $18,508.00 $318.246.01 ,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. ,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. Chec~ Date Vendor Name lnvoic~ Date P/O Date Descri:tion Gross Discount Net 000075~ 08/09/9! NATIONAL NATIONAL LEASUE OF CITIES OBOgg! 0B/09/9I OB/09/gl ANNUAL CONFERENCE 295.00 0.00 295.00 Check Totals: 295,00 0.00 2?5.00 I0104/~I NEET.JOH JOHN ? NEET~ MAI 100491 10/04/91 10/0i/91 JULY SERVICES 3,200.00 0.00 3.200.00 082691 10/04/7! 10/04/91 AUGUST SERVICES 3,000.00 0.00 073091 10/04/91 10/04/91 JULY SERVICES 1!500.00 0.00 1.500,00 Check Totals: 7,700.00 0.00 7,700.00 00008550 1!/!9/91 IMS-2 INTERNATIONAL MAILING SYSTEMS 111091 11/19/91 10/19/91PUSTA6E 2,000.00 0.00 2,000.00 Check Totals: 2.000.00 0.00 2,000.00 00008531 11/20/91PETTYC PETTY CASH 111591 11/20/91 1!/15/91REI~110119-11112 299.35 O.OO 299.~5 Check Totals: 299.55 Q.O0 299.~5 00005532 !I/20/9! COO CALIFORNIA BUILD!NO OFFICIALS 111491 11/14/91 11/14/91 DISASTER DANABE ASSESSNENT TR I55.00 0.00 Ij5.00 00008535 1!/22/71 ALLIED ALLIED SARRIDAOE 118850-00 11/07/91 10980 Check Totals: I0/16/91 SIGNS & MATERIALS AS NEEDED 155.00 0.00 1:5.00 !02.74 0.00 102.74 Check Totals: 00008534 11/22/91 BEDFORD BEDFORD PROPERTIES. INC. 11/05/91 11/05/91 11/05/91 OVERPAYMENT FOR APPLIC./27325 102.74 0.00 102.74 42~.00 0.00 42~.00 Check Totals: 425.00 0.00 423.00 00008535 1!122t9! BENEFIT BENEFIT AMERICA i./nA/ot 11/20/~! 11/20/91 NOV. .c, REIMBURSEMENTS 1,188.45 O.OO !.!SS.45 00008536 11/22/9! CALIFORN CALIFORNIAN 00153 11107191 10&2~ Check Totals: 07!01/91 INVITATIONS FOR PROPOS/NOV. 1~188,45 O.O0 1.188.45 1!.62 0,00 11.62 Chec~ Totals: 00009557 1!/22/9! CHEVRON CHEVRON U.S.A. INC. I02891 ID/2BI91 10/2B/91 7920772253/AUB. SEPT, 11.~2 O.O0 1!.a2 525.82 0.00 525.82 Check Totals: OO00855B 11/22/9~ COUNTCLE COUNTY CLERK AND RECORDER 11/18/91 11/iB/91 11/18/91 NOTICE OF ENVIRON/&TH STREET 525.82 0.00 325.82 25.00 0.00 25.00 25.00 0.00 25.00 Check Totals: 00008559 11/22/91 FORD FORD, SHARON 112291 11/22/91 10/22/91 SO1 CONIRACT CLASS/CALLIB. II 16B.00 0.00 !68.00 Check Totals: 00/06/~1 RENTAL PASERS/NOV. ]?/01/91PASER RENTAL/NOV. ~%7/t5/~1PASER RENTAL/NOV. I0/07/9! PAEER RENTALS/NOVEMBER 00008540 11/22/91 GETPAGED GET PAGED 0~%360-!N !!/10/71 024~ 0~65601N 11128/9! 0228 0~%360I~- !I/21/71 0217 OB9656O!N2 1!/!019~ lOSS7 168.00 0.00 168.00 12.50 0.00 !2.50 150.00 0.00 !50.00 37.50 0.00 37.50 12,50 O.O0 ~2.50 Check Totals: 212.50 0,00 212.50 Check Date VenDor NoDe Invoice Date P/O Date Descri:tion 8ross Discount Net 00008541 11/22/91 GRAY BAR 8RAY BAR ELECTRIC 159-217525 11113191 11044 I0/!4/91 PH0NES FOR CITY HALL 12.66 0.00 12 00008542 11122191HAFEL!TH THOMAS HAFELI 111291 11112191 Check Totals: 12.66 11/12/91 EXPENSE REIMB/NEC AMERICA 1,390.29 0.00 12.66 0.OO 1,3V0.29 Check Totals: 1,590.29 0.00 1,~90.29 00008543 II/22/91 INS INTERNATIONAL HAILING SYS. 666054 !0/03/91 I0103191 METER RENTALIll/I-I/S1/91 209.95 0.00 209.95 00008544 11122191 K,R.T.M.N.R./.N. Check Totals: 20935 11/18/91 PUBLICITY FOR HAUNTED HOUSE 200.00 0,00 209,95 0,00 200.00 Check Totals: 200.00 0.00 200.00 00008545 II/22/91 LIBERTY LIBERTY AUTO CENTER 2243 !0/!5/91 11051 10/08/91 MAINT.CITY VEHICLES;BLDG&SFTY 21.19 O.OO 21.19 2017 10115/9! 11051 10/09/91 ~AINT.CITY VEHICLES;BLOO&SFTY 21.19 0.00 21.19 2244 10/15/91 11051 10108191 MAINT.CITY VEHICLES;BLOO&SFTY 21.19 0.00 21.19 2246 10/15/91 11051 10/0e/91 MAINT.CIIY VEHICLES;BLOOiSFTY 21.19 0.00 21.19 2245 I0/15/91 11051 I0/08/91 MAINT.CITY VEHICLES:BtDS&SFTY 21.!9 0.00 21.19 Check Totals: 00008546 11/22RI LOTDIND LOT 9 INDUSTRIAL LTD 111391 11/13/91 11/13/91 REFUND INSPECTION FEES 105.95 0.00 105.95 113.80 0.00 113.80 Check Totals: 00008547 11122191NARILYN8 MARILYN'8 COFFEE SERVICE 1819 11/12/91 11063 IO/01/V1 COFFEE SUPPLIES;CITY HALL 1844 11118191 11043 10/01/9! COFFEE SUPPLIES;CITY HALL 113.80 0,00 113. 88.80 0,00 88.80 4~.60 0,00 4160 Check Totals: 00008548 11122191HOOAVRAN LORRI ANN MCOAVRAN 103191 10/31/91 10/31/91 10/1-10/31 MILEAGE REIHB. 132.40 0.00 !32.40 164,45 0.00 164.45 00008549 11122191MEGAFOOO NEBA FOODS 111291 11/12/91 .Check Totals: 11/12/91 FEED NEEDY FAMILIES 164,45 0.00 !64.45 650.OO 0,00 650.00 Check Totals: 650,00 0,00 650,OO 00008550 11/22/91 NELSON 8HAMN NELSON 11105191 10/25/91 10125191 EXPENSE REIMB/OCT. 37,5,I 0.00 37.53 Check Totals: 37,53 0,00 37.53 00008551 11122/91NRPA NRPA 111591 11/15/91 11121/91 NANABEMENT ASSIST COURSE VIDE 40.00 O.OO 40.00 40.00 0,00 40.OO Check Totals: 00008552 11122191 PERS PERS (HEALTH INSUR. PREMIUM) 2MEDC.S& 11/07/~1 11/07/91 Nor Payroll, 11/07 164.00 0.00 164.00 2HEDC.S8 11/21/~1 11121/91 Nor. Payroll! 11/21 164.00 0.00 164.00 112191 I1/21i91 11/21/91 INSURANCE PREMIUm/NOVEMBER 17,514.90 0.90 17,514.' Chock Totals: 00008553 11/22/91PERSRETI PERS EMPLOYEES' RETIREMENT 2PEER.59 i1/21/9I !1/21/91 Nor. Payroll. !1/21 17,842.90 0.00 I7.842.90 5~ ~7 0,00 ~=~ 1v Check Date Vendor Name Invoice Date P/O Date Description 112191 11/21/91 11721/91 PERU RETIREMENT/I!/21/Bi 00008554 11/22/91 POLL 102391 Check Totals: ANDRE' VAN DER POEL i0/2U91 11115191 MILEAGEIIOI2-10/25 00008555 !I/22/91 QUALITY 0408 0610-CR 0410 Check Totals: QUALITY TONER SUPPLY II/08/9I 11044 11/07/91 RECHARGE 5 TUNER CARTRIDGES 11121/91 11044 11/07/91 CREDIT MEMO I1/11/91 11046 ll/07/tl RECHARBE 5 TUNER CARTRIDSES 00008554 11/22/91SCACEO S.C.A.C,E.O, Ii/19/91 11/19/91 Check Totals: 11/i9191 ANNUAL MEMBERSHIP 00008557 11/22/91 SIRSPEED SIR SPEEDY 4273 !I/04/9! 10745 4275-1 11/21/91 10850 Check Totals: 08/22/91SUS.CARDS;ENU1NEERIN6 DEPT, 09/10/91 BUSINESS CRRDS Check Totals: 00008558 11/22/91 SO CAL-2 SO,CALIFORNIA TELEPHONE CO, 7419C 10/31/9t 10/51/91 714-345-7419/0CT. CHBS, 7425C 10/51/91 IOI~IR1 714-345-7425/0CT CH6S 34370 10/31/91 10/31R1 714-5494437/0CT. CHSS 00008541 iI/22RI SOUTNCEU SOUTHERN CALIF EDISON 857685490 10/31R1 10/04/91 801008~420 10/30/91 10/30/91 2084~45410 I0/50/91 10/30/91 5084045310 10151R1 I0151/91 856806630 11/04/91 11/04/91 880829440 10/IB/91 10/IB/91 170120120 10/19/91 !0/19/~1 2030054240 !0/!8191 10/18/91 208452!01~ !0/19/91 10/19/91 B814825~ !0/23/91 10/23/91 2085430100 10/19/91 10/19/91 86851780 I0/29/91 10129191 17012628U 10/29/91 10/29/91 3090202700 10/29/91 !0/29/91 1050184440 10/18/91 10/18/~1 208~469570 10/30/~1 lO/50RL 308517478~ 10151/91 11/01/91 5085176770 10/31/91 10/31/91 2083449400 10/50/91 10/30/91 857371160 I0/25/91 I0/23/91 31!34660 t0/08/91 10/08/91 20356540 10/51/91 10/51/91 105186020 !0/31!~I 10/~!/91 :08446~880 10151/91 10/~1/9! 2~R45~5~59 10/31/91 10/31/9! 2084565690 i0/5I/9! 10/51/91 857590540 !0/31/91 855721550 10/51/91 Check Totals: 55771260500020004/10/2-11/4 5377815210401000419130-10130 5377800140102000019130-10/~0 5,I7780618110~0007191~0-10/51 5777545480203000911014-11/4 6677795944205000919118-10119 46774060677020000/911U-10/19 6677795991302000319118-10/18 6677405104002000819118-10119 697747816510200021912~-10123 66775850~0002000119118-10119 5111905~)01020005/9/27-10/29 51779051802010004/W27-10/29 5177905010102000U9127-1012~ 647779580800400019118-10118 5U78006659030007191~0-10150 54778286505020000/10/1-11/I 54778286)0~02000211011-1111 5U7BOOa2ISO2000UB/30-10/30 497747801070200041912~-10123 597780254140300019110-10/B 4317077158~0219130-101~1 4377077515702/9/30-10/51 ~3770775!5902/9/50-10/3! 457707751600219130-10/~I ~57707751620219/30-10151 10/51/91 4U707752480119130-10151 I0/31/~14U70775%902/9/30-!0/31 Gross ~2,550.20 12,805.~7 44.31 49.00 49.00- 245,00 245.00 25.00 25,00 58.79 58.79 77.58 59.38 57.04 52.78 169,20 864.93 318.!5 9.30 9.90 62,44 228.56 251.16 234.85 251.88 216.69 274.05 75,41 9,00 9.12 9.50 9.00 9.00 40.54 52.81 14.64 36.31 34.93 56.:7 87.44 33.34 Discount 0.00 0.00 0.00 0.00 0.00 O.O0 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 D.O0 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 O.OO O.O0 O.O0 0.00 0.00 0.00 0.00 Net 12.550.2~ 12.803.37 44.5! 44.51 4%00 49.00- 245.00 245.00 25,00 25.00 58.79 38,79 77.58 59.38 57.04 52.7B 169.20 9.90 818.!3 9.30 9.90 62.44 228,56 251.1~ 234,B5 251.88 216.69 274.05 69.65 75.61 tOO 9.12 9.30 9,00 9,00 40.~6 52.81 34.64 56.:I 14,95 87.44 Check Date Vendor Naee Invoica Data P/O Date Description Dross Discount Net 8685179D 10/51/91 10151191 457707752700219150-10151 26.15 O.O0 85bTISO7D iOISiRI 10131/91 45770775542021~/30-1015l 55.34 0.00 10518569D 10151191 I0/51/91 457707755470219150-10151 111.60 O,O0 I11.~ 85762004D 10/51/91 10/31/91 45"7707755490119130-10151 18.~2 O,OO 18.72 .......... Check.Totals: 00008582 11122191 STATECON STATE CONPENSATION INS. FUND 111591 11/15/91 11/15/91 ADDIT. DEPOSIT/LOI ANNUAL PRE 00008585 11/22191 STEFFENS SUE STEFFEN 111591 11/15/91 11118191 5,456.19 0.00 5,456.19 5,975,66 0.00 5,975.66 Check Totals: 5,973.66 O.O0 5,975.66 REIN8. FOR SUPPLIES 57.14 0.00 57.14 00008584 11/22191 TEN PIPE TE~ECULA VALLEY PIPE 17774 10/21/91 10574 08/20/91 16915 10/01/91 10574 08120191 16945 10/02/91 10574 08120/91 I7455 10/10/91 10574 08/20/91 17501 10/10/91 10574 08/20/91 17394 10/15/91 10574 0812019l 17408 10115191 10574 08120191 17545 10117191 10574 08120191 17811 10/82/91 10574 08120191 1836& 10/50/91 10574 08/20/91 18978 10/02/91 10867 0912~191 Check Totals: 37,14 0.00 57.14 IRRIGATION PARTS;TCGD REPAIRS IRRIGATION PARTS;TCSD REPAIRS IRRIGATION PARTS;TCSD REPAIRS IRRIGATION PARTS;TCSD REPAIRS IRRIGATION PARTS;TCSD REPAIRS IRRIGATION PARTS;TCSD REPAIRS IRRIGATION PARTS;TCSD REPAIRS IRRIGATION PARTS;TCSD REPAIRS IRRI6ATION PARTS;TCSD REPAIRS IRRIGATION PARTSITCGD REPAIRS RATCHET PIPE CUTTER;SHOVEL 100.69 0.00 100.69 7.56 0.00 7.56 4.09 0.00 4,09 2.87 0.00 2.87 1.11 0.00 1.11 5.50 0.00 5.50 5,46 0.00 5.48 10.57 0.00 10.57 11,52 0.00 11.52 52.33 0.00 32,$3 46.20 0.00 4h,20 00008565 11/22/91 WIHBF. RLY WINDERLY, VALERIE G, 112091 ii/20191 11/20/91 Check Totals: 225.50 0.00 225. REIHB. FOR NEDICAL EXPENSE 58.35 0.00 58.55 000085~6 11/22/91 ZINNERLE STEVE HNNERLE 111891 11/18/91 11/08/91 Check Totals: NILEA6E REINBIOCT, 58,:5 0.00 58.35 19.95 0.00 19,95 00008567 i2110/91CALIFLAN CALIFORNIA LANDSCAPE 508511023 10119191 11045 10119191 30851107 10/31/91 10976 10/16/91 508511051 10/51/91 10965 10/08/91 Check Totals: SPRAY NIVES;NR6TA & AVE.BARCA RBOVE NEEDS & DERRIS;SPT-PRK ELECTRICAL RERV.8PORTS PARK 19.93 0.00 !195 105.45 0.00 105.45 300.00 0.00 500.00 828.00 0.00 828.00 000085~8 12/10/91 SIDNKNIK SIgN XWIK 015494 11108/91 104~ 07/16/91 Check Totals: 1,2II.45 0.00 1,251.45 VEHICLE SEALS AND LETTERING 1,411.49 0.00 iJ11.49 Check Totals: 1!411.49 0.00 1,411,49 Report Totals: 59,564.58 0.00 5%564.58 Check Date Vendor NaQe Invoice Date P/O 5ate Decor/orion 000085?: 11,"2719i APPLEONE APPLE ONE 1591500 11120191 11075 ll/OSlgl TEMP:ACCTG.CLERK:!!/12-Ii/15 00008571 11127/91 CADET CAOET UNIFORM I1/22/91 10625 Check Totals: 08/09/91 UNIFORM SUPPLY/ Check Totals: 00008572 11/27/9I CALIFLAN CALIFORNIA LANOSCAPE 308511114 ll/14R1 10975 10/11/91LSR.& NTRLS;RCHO CAL.RD.MEDNS 00008575 Ii/27/9! CALIFORN CALIFORNIAN 06349/0720 !i/19/91 10625 01429/9067 I1/2!/91 10626 Check Totals: 07/0!/91 LEGAL NOTIOES/II/15/9! 07/01/91 LEGAL NOTICES/11/20/91 Check Totals: OODOB574 11/27/91 CAMPSELL CAMPBELLS LIGHTING. £1SN/ELEC 11175 11/15/91 0277 10/00/91 REPLACE LAMPS;BALLASTS:SPT.PK Check Totals: 00008575 1!/27/9! ~?TTrnR~ CITICORP NORTH AM::'CA GI28697 11/21/91 0285 07/0!/91 PHONE SYSTEM/DEC. 00008576 11/27/91 CHSI G71291 Check Totals: CA. MUNICIPAL STATISTICS, INC 10/01/91 10525 07/01/91DEBT.STMNT;STAT.SEC.CAFR 6.50 Check Totals: 00008577 1!/27/91CO~PUALE COMPUTER ALERT SYSTEMS. INC. OOOgq~c-!~ 10/01/91 11082 10/01/91 FIRE ALARM ~DNITORIN~/JUL-SEP 100191 10/01/0i 11082 10/01/91 FiRE ALARMMONITOrING/OCT-DEC 0000857:~ t, ..... DA',%!N DAVLIN -c *~.,-, 11058 o.-~..~: 10/1B/~I 10/01/9! 11/19/91 10942 09/27/91 Check TotaXe: AUDIO PROD.9/30/91:PREES CONF TAPINS/NOV 4,18 Check Totals: 0000857~ 11/27/9! FLOWER FLOW~ CORRAL 112G91 11/26/91 11/26/91 FLOWERS 00008580 11/27/91 ~TEBILL 6TE 162-5595 !0/~1/91 10/31/~1 1~2-~052D 10/51/91 10/31/91 ag5-O559D 10/28/91 10/28/91 690-23090 10/28/91 10/28/9! Check Totals: 714-162-5595 OCT SERVICES WATTS LINEIOCT/714-162-5052 714-695-~539/0CT/~ATTS LINE 714-~9%2509/0CT/WATTS LINE ~k ~ n~r.~in. T 0 AS HAFELI ll2(cl Ii,'20/~I 11120/91 Check Totals: ~kEASE SE!MD. 00008582 ~ , '!'27'?i HiNDE~L Check Totai~: HiNDEELiTER, rjE LLAMAS & ASSO iI/07.1~! 0~07 l/A1/o~ SALES T:~ AIJDIT ~ D'TA ~*~P Discount Net ~0~.00 0.00 504.00 O.O0 SOLO0 22.00 0.00 22.00 22.00 O.O0 22.00 295.00 0.00 295.00 295.00 O.O0 2?5.00 !50.87 O.OO 150.87 5~.44 0.00 5~.4~ IB4.:l O.O0 184.51 574.76 0.00 574.76 574.76 0.00 574.76 1,427.57 O.O0 1.~27.57 1,427.57 0.00 1.427.57 350,00 0.00 550.00 550.00 0.00 550.00 155.00 O.OO 155.00 t55.00 0.00 1:5.00 270.00 O.O0 270.00 75.00 0,00 75.00 2BO.O0 0.00 2~0.00 555.00 0.00 555.00 ~5.57 O.O0 &3.57 63.57 0.00 63,57 507.24 O.O0 507.24 5.698.84 O.OO 195,47 O.OO i95.47 195.31 0.00 !95.51 4.5%.B6 0.00 4,596.86 40,15 0.00 4C.I~ 40.i~ O.OO 40.!5 900.00 C,OO ~00,00 C~ec~ Oa;e Vendor Name Invoice Date P/O Date Description 8ross Oiscount Check Totals: 900.00 0.00 '?('0," 0C'80E583 .... ~ I{MA ICMA 112691 ../26~?. 11/22/9I PREMIUM/NOVEMBER 10,147.51 0.00 I0.!47.31 00008584 11/27/91 INLAND-2 INLAND EMPIRE 112791 11/27/9! Check Totals: !0!i47.31 0.00 !0,147.~I 11/27/91 DEPOSIT/SHOWCASE 500.00 0.00 500.00 C~ec~ Totals: 500.00 00008585 11/27/9! tNTERTEC INTERTECH TELECOMHUNICATIONS 104477 !0125/91 11075 10/25/91 PAYPHONES;INSTALL;CITY HALL 614.10 O.O0 500.00 0.00 614.10 Check Totals: 00008586 I!/27/91 ~ENSENTE ~ENSEN TEST EQUIPMENT 562669401 1!/06/~I 10954 09/20/91 CIRCUIT TESTER;MIRROR;STS ~14.10 0.00 614.10 607.81 O.O0 607.81 Check Totals: 00008587 11/27/91KIOSPART kIDS PARTIES,ETC. 112591 11/25/91 11125191 CLOWNS FOR MOMMY & ME 607.81 0.00 607.81 45.00 0,00 45.0'3 00008588 11/27/91L&NFERTI L & ~ FERTILIZER 56119 !0130/9! 10818 Check Totals: 45.00 0~/I7/91SERV.ON ANT 626:OlL:LABR:TCS8 251,59 0.00 45.00 Chec~ Totals: 251.~9 0000858? 11/27/~I LIBERTY LIBERTY AUTO CENTER 2342 i1/15/91 10988 10/08/91 SERV.OF CITY VEHICLES:TCSO 21.!9 0.00 251.39 0.00 21.Ie Check Totals: 0000590 11/27/91LOTgIND LOT 9 INDUSTRIAL LTO ll!~ql !I/19/9! !!/19/9! REFUNO/DUPLICATE PLANS 21.19 0.00 21.19 i90.00 0.00 1~0,00 Check Totals: 00008591 ii/27/91 LUNCH&ST LUNCH & STUFF CATERING 112191 !!/21/~I 11/2181 10 OINNERS COUNCIL I12~9! !1/25/~! 11/25191 LUNCHES FOR NEETINS c)000~592 !I/27/91 MCCANN 0229 Ch~ck Totals: MCCANN PRINTING S~VICES 10/28/91 11064 lO/Ol/gl NOVENBER NEWSLETTER; 190.00 0.00 !96.00 lO0.O0 O.OO !00.00 52.00 0.00 52.00 152.00 0.00 152.00 355.58 O.OO 555.5~ 00008593 11/27/91MECHAN BILL ~ECHAN 110671 11/06/V1 Check Totals: ll/O&/gl CONSULTINS SERVICES/DECENDER I55.58 0.00 55.58 3,500.00 O.O0 3.500.00 Check Totals: 00008594 !I/27/91PACIFICC PACIFIC DESIGN CONCEPTS 1847 i1/13/91 10870 09/16/01 IRON NTN. FORTE; PLIERS 5,500.00 0.00 3,500.00 14&.59 0.00 146.59 00008595 I1/Z7/9! FETROLAN PETROLANE 485812 !Iy20/9! 10965 Check Totals: 10/21/91 FUEL PROPANE/NOV. 146.59 0.00 !46,5~ ,'.I>""~=~' F'ETTYC ~':TTv CASH '.'~'~'~;~c !I/27/91 ,~ . !!/25/91 Chec~ Totals: 11/25/91 PETTY CASH/IO/28-11/20 278.49 0.00 278,4g Check Date Vendor Name Invoice Date P/O Date Daecriotion Sro~s Discount Net Che~k T~tals: 2%,i~ ~.(<, ZTS.!~ 00008597 I!/27/91 PROPERTY PROPERTY DATA SERVICES I0517I 10/51/01 0258 07/01/91 ASSESSMENTS/OCT SERVICES 180.00 0.00 !DO.CO Check Totals: 000085?8 11/27/gi RAN-lEO RAN-TEO RUBBER STAMP MFG 005250 !I/14/?l II037 lO/S1/?! NAMEPLATES & HOLDERS:ODD 180.00 O.OD 180,00 I2L21 0.00 125.11 Check Totals: 125.2! 00008599 II/OY/gl REGENTS REGENTS OF UNIV. OF CALIF. 112591 11125/~I 11/25/91 REGISTRATION FEE/CON REDEV.SY I00.00 0.00 125.2! 0.00 100.00 Check Totals: 100.00 0.00 I00.00 00008600 11/27/9I RIVERDID RIVERSIDE OFFICE SUPPLY 10217%0 11/19/91 11067 1I/0S/91 PENDEFLEX FOLDERS 2~0.12 0.00 270.12 I02174-0 Ii/20/~1 11052 10/2~/9! OFFICE SUPPL!ESFTOSD 59.25 0.00 5.23 Check Totals: "Q ~ 0.00 549.C5 00008601 !!/27/9! ROWLEY CATHERINE RONLEY 1'~°° 11/29/91 /~/o, PAYMENT 801 CLASS TAP/)ALLET 288.00 O.O0 2BS.O0 00008602 1!/27/9i SiRSPEED SIR SPEEDY ¢480 11/21/91 11055 4447 11/19/9I II02B Check Totals: 11/05/91 BUSINESS CARDS;PUB.WORKS 10/29/91 5-COLOR BUS.CARDS:TODD 288.00 0.00 288.00 28.77 0.00 ~o 7~ 38.79 0.00 38.79 Check Totals: 00008603 1!/27/9I STOFFELS BIOFFEL'S FLORIST I0/28/91 11021 I0/2B/91 CENTER PIECE FOR SENIOR PARTY O.OQ 67.56 0.00 75.45 Check Totals: 75.45 "' """ , S~.L uA2' SULLIVAN PUBLICATIONS iNC U,v!~U~,,,i 11/27'?i I, , 5702 11/081~I 10883 09/19/gi MASTER MAPS:CDPiES~FR.~EPT. 995.~1 0.0'.) '~ ~' Cnec~ Totaia: 995.9! r)OOQS~O.= ',~'~' T.', ~,.'.: TEMECULA VALLEY PIPE 170~6 ~!'12/9! 11079 1!;12/9! IRRIGATION & MISC. EGUIF'.CSD 12.59 O,OO ;95 % 0.00 12,57 0000860~ !1/27/7! UBNOSKEO UBNOSKE, DEBBIE 110891 II/08/91 Check Totals: 52.59 LOg 52.5? II/08/91 TRAVEL REINS. 44.12 0.00 44.12 00008607 !i/27/91 UNITED UNITED WAY OF THE INLAND 2UNIT.DO 2UNIT.52 2UNIT.53 I0/10/~I 2UNIT.40 2UNIT.O4 10/24/9I 2UNIT.DS t!/07/91 2UNIT.DS iI/21Y~I Check Totals: 44.12 0.00 44.I2 09/12191 Normal PayrollJ/12 09i26/?1 Normal Payroll,g/26 !0/10/71 Normal hyrol,10/lO 06/;0/01 Normal Pavroli,U20 i0/24/~1 Normal Pay, 10/24 11107/91 Nor Pavrolh 11/07 11/2!/9! Ncr. Parrot1.1!/2! 20.00 0.00 20.00 20.00 0.00 20.00 20.00 0.00 20.00 20.00 0.00 20.00 20.00 O.OO 20.00 20.00 9.00 20.00 20.00 D.OO Che'.i. 7suais; v,,u.. LO, =iF ... ~. '.1..'20/91 ii.20/::i LONG TE~M D!SABIL!Tf, :Q','. NO.O0 ","' .... ', '..~98.23 C'.OO , ~,~c. '- Z'.e:k 'stEle: :.??S.:: ,1.0(~ :.NS,ZT lnvolce Date R/O Bate DescrZBtion Gross Discount Net 12/10/?! ALLCITY ALL CITY MANAGEMENT 1156 iI/i8771 0293 I0108/91 TRAFFIC CONTROL/II/3-11/16 5,770.54 0.00 5,772. 80008~I0 ..... "/~I ALLIED ~.,E~ BARRICADE !I~945-00 1!/!5/91 10980 10/16t91 Check Totals: 5,770.34 0.00 5,77~.3~ SI6NS & NATERIAJ. S AS NEEDES 59.65 0.00 3%65 O0008~ii 12/I0/9~ AZTECTEC AZTEC TECH. CORP. 22336 iI/041~i llOOa I0/1~/~i Check Totals: ~.65 0.00 ~?.65 40' STORAGE UNIT:PUB.WORKS 5,045.~4 0.00 5,041.~4 Check Totais: 5!045.9& 0.00 3!OC.9A OOO08&12 I2/10/91 BURXE!W~ BURKE! WILLIANS & BORERSEN 07408 10/31/9! I0/31/~I RDA OCT SERVICES 126.50 0.00 126.50 07412 I0/3!/91 10/31/91 GENERAL/OCTOBER SERVICES 2.607.B8 0.00 2.607.88 07411 10/51/9! 10/31/91 GENERAL/OCT SERVICES 3,150.00 0.00 L150.O0 07407 !O/~i/?l I0/51/91 PROFESSIONAL SERV./OCT. 10!667,70 0.00 I0,~67.70 Check Totals: 16,552.08 000086!: 12/10/9I GEOTECHN GEOTECHNICAL & ENVIRONRENTAL 9~99 11/I5191 02q0 10/01/~1PRELI~.!NVESTISAT!ON 5PRT PRK 2,540.00 1485 11/15/~1 02~5 I0/01/91ENVIRDN~NTL ASSESSMNT:6TR ST 3,~50.00 I~S4 11/15/91 02~ IOfOl/91 RECO~PACTiON TEST:SPORTS PART 1,550.00 148~ 1!/!5/91 10890 09/2519l OPTICAL SOIL&SAND TEST;VET.PK 150.00 0.00 16,552.08 0.00 2.340.00 O.OO Z.?50.OO O.OO 1.550.00 0.00 !50.00 000¢0614 12110191BILL!S-I C. ~. '~AX' BILLIS 2435 11/01/91 11/01/91 2610 11/0!/91 !liOIRI CMDC 11/01/91 11101/9! C~SEPT 1!/01/81 11/01191 JRNZ:5 !i/01/91 1!701/~I 100191 iOlO!/~l 0266 10101/~I Check Totals: 7,790.00 DEBIT HE~O/ADJUSTNENT 950.94 CREDIT NERO/NO NAY 1911 25LTO- CREDIT ~E~D/WC DOT. I~71 IS&.BS- CREDIT ~ENO/WC SEPT 176.SO- CREDIT ME~O/WC JUNE/JULY 507'40- TRAFFIC ENOIN/SEPT SERVICES B.475.00 0.00 7.790.00 0.00 950. 0.00 25L70- 0.00 I2~.85- 0.00 17~.30- O.O~ .,.;,.~,- O.O0 8.475.00 Check Totals: 000086!5 12/10/~i LAUREEN LAUSSEN & LAURSEN ELECTRICAL 51B? Iii!~/9! CD57 09/0~t91RANC~O CA RD LIGHT REPAIR 3189-1 11/14191 0292 10/24/91ANENO.COI257~ELECT.SPT.PARK Check Totals: 0000861~ 12/10/91 MAWRCONS NAHR CONSTRUCTION CO 112~1 1112~1~1 0289 10101/91 SPORTS PRLCONSESSION PROJECT Check Totals: 0000~6!7 !2/10/~! )AURICE ~AURIOE PRINTERS QUICK PRINT 25160 !!/17/~1 I!018 0~101/91 PRINTING OF THE CAFR 8,561.69 L~O0,OO 1!115.87 4,715.87 15~990.00 1L990.00 1,352.26 0.00 E.561.69 0.00 :,~00.00 O.O0 1.!15.87 0,00 4,715.87 0.00 15.990,00 0.00 lLB~O.OO 0.00 1.352.26 00008618 12/I0/91N B S N B S I LOWRY RIOlO68jMB !0,'25f9! 10871 Check Totals: 09/25/~! PREPARE STANDARD DRA~INGS;P.K Check Totals: ";r"=~" 39/03~oI INSTALL ~ MAINT.ZSU~E:CO~FUT ~: ....~: 10796 1,g52.2& 2.500.00 2.700.G0 O.O0 1,552.26 O.O0 2,500.00 0.~0 0.00 Check Totals: 2.700.00 0.00 2.70¢.00 )(,c,c, E629 lz,'io/?l RA~TEK RA~TEK Check Date Vendor Name Invoice Date P/O Date Description Gross Discount Net ~'~ I0/31/91 .... 1D/14/91 STREET MAINT/I0/22/~i 2,466.71 ¢.C: 2,4oi.72 $S~a I1118191 0282 10/14/9! STREET MAiNT/NOV.T/8 3.86j. OT O.OC ~G:7 ll/iS/Di 02D2 10/14/91 STREET MAINT/I1/4-11/8 4,872.37 0.00 4.~?:.:T Check Totals: 0000862I 12/10/91 ROSE PURKISS ROSE 6595 lO/~l/gI 0!75 06/~0/9I DEVELOPMENT OF MASTER PLRN 1~,121.20 0.00 15.121.20 Check Totals: la,121.20 ~.O(. I~,!21.2~ 00008622 12/I0/91 SHERIFF COUNTY OF RIVERSIDE 103191 i0/31/~/1 10/31/~1 AUG.SEPT!OCT.,IGICYCLE PATROL ~!277.50 O.O0 ~.27T.SD 100591 !0/05/~I I0/05/~I OCT 5 DUI PATROL 287.83 O,O0 28743 O000SaZ3 I2/10/71STARLITE STARLITE 11/07/91 11005 1012~!~! Checl~ Totals: 6,565.13 FLOOD LIGHTS:TRAFFIC GUARDS 8.523.0~ 0.01) O.OD 8,523.03 Checx Totals: 8 ~'~ r] 0.00 S.525.03 00008624 12/!0/9i SYSTEM SYSTEM SOURCE. INC. 5085~ 10/23/91 10863 09/!9/91 NEAT KNIFE 550.19 0.00 350.17 50841 I0/!8/~I 10~18 08/06/91 TACKBOARD,FILES,PANELS,ETC. 1~1.~3 0.00 5083? 10/18/91 10618 08/06/~1 TACKBOARD.FILES.PANELS.ETC. 502.12 0.00 502.12 5~S~S 10118/91 106i8 08/06/~1 TACKBOARD!FILES!PANELS.ETC. 250.!I 0.00 250.11 50919 !1107191 10753 0810?/II TAYLOR LOVESEAT:CITY HALL h21B.T9 0.00 1~218.79 508~9OR 10/18/91 10~18 08/0~R1 CREDIT NENO/SALES TAX INC. 6.5~- O.O0 6.59- Check Totals: 00008625 I2/I0,'?i TEMECULA TEMECULA CREEK INN 112&91 11/26/91 I1/2~/~1 CATERING CONFERENCE 2.47&.25 0.00 2.476.25 i!02&.12 0.00 h026.12 Check Totals: 12.'lO/ql TO-MA:EN TO'~A.: ENGINEERING 12064-CR 10/02/91 11/26/91 CREDIT MENO/LATE CNAREES !2139-CR 11/0B/~1 11/08/91 CREDIT NE)IO/LATE CHARGES 12064 10/02/~I 10/02/~I PREPARE CONST. EASEMENTS CFD "'~q Ii/08/91 1!I08/91DQCDA~P CONST. cAecw=t~T rcn 1.026.12 0.00 1.025.12 24.89- 0.00 24.89- 79.91- O.OO 7%91- 822.14 O.O0 822.1~ 1,175.91 O.OO 1.175.91 0000S~2T 12,;10/'~i WESTERNR WESTERN RIVERSIDE COUNCIL 11/18/91 11/18/91 11/18/91 Check Totals: MEMBERSHIP DUES 1971t1992 1.8~5.25 0.00 ' ~' '~ 7,i68.00 O.O0 7,1~8.00 00008628 12/10i91 WHITECAP WHITE CAP F115078 lliO&/g! 11022 lO/2Blgl F1!5079 1!/0~/91 11023 !0/28191 0003577 10131/?! i0131/91 Check Totals: ENERBENCY TOOLS & SUPPLIES EMERGENCY TOOLS & EOUIPNENT CREDIT ~ENO/~ARCN Check Totals: 7468.00 0.00 7!168.00 462.27 0.00 462.27 660.84 0.00 660.84 74.74- 0.00 74.74- 1!048.37 0.00 1.048.37 Report Totals: !53.445.50 0.00 155.445.50 DaL~ Vendor Na~e Invoice Da~ P/a Oa~e ~escriotion Gross giscount ~: 20FC~.58 11107191 I1107/~1 Nor Payroll, LilOJ 528,80 0.06 528,8 2DFC~.5~ II/2~/?I Ii121/~I Nor. Pa~rolh 1t/21 555.45 0.00 C55,~: 112191 i!12U~! I!/2U9! SAL~NCE OF NOVENtER PRE~IU~ 29.~0 0.00 2~.~{ Check T~tais: 1,115.85 I0/01/9~ 0263 0B/26f~1 INSTALL.& MATRLS:STORAGE SYST !1.250.00 0.00 1.t11.81 0,00 11.250.00 Cnec~ Totals: 11,250,00 0.00 11,250.00 Report Totals: !2,5~5.85 0.00 12~5~Z.85 ITEM NO. 4 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council City Manager December 10, 1991 Cancellation of the Regular City Council Meeting of December 24, 1991 City Clerk June Greek RECOMMENDATION: That the City Council officially cancel the regularly scheduled meeting of December 24, 1991 and reschedule it to take place on December 17, 1991. DISCUSSION: Chapter 2.04 of the City's Municipal Code requires regular City Council meetings to be held on the second and fourth Tuesdays of each month. This year the fourth Tuesday falls on Christmas Eve. It is therefore recommended that the meeting be canceled by minute order and that the second meeting of the month be held on Tuesday, December 17, 1991. ITEM NO. 5 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer December 10, 1991 Award of Vehicle Bids APPROVAL CITY ATTORNEY RECOMMENDATION: That the City Council: 1. Award the bids to purchase three (3) vehicles for Public Works. 2. Increase the Fiscal Year 1991-92 Budget for vehicles by $16,500. DISCUSSION: In accordance with the City's purchasing ordinance, we advertised for bids on three (3) vehicles for Public Works. The lowest responsible bids for each vehicle is as follows: Type of Vehicle ~ Dealer Chevrolet S10, Extended Cab, 4 Wheel Paradise Chevrolet Drive Pickup Truck Chevrolet, V-6 Utility Vehicle Chevrolet, One Ton, Flat Bed Truck Paradise Chevrolet Schumacher Auto Sales Price $15,746 $19,109 821,119 Paradise Chevrolet and Schumacher Auto Sales are both located in Temecula. FISCAL IMPACT: The balance in the budget for non departmental vehicles ~s $40,000. The budget requires a $16,500 transfer from the unreserved general fund balance for the purchase of these vehicles. ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER /~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk December 10, 1991 Resolution Urging the Establishment of a School of Law at the University of California at Riverside RECOMMENDATION: Adopt a resolution entitled: A RESOLUTION RESOLUTION NO 91- OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE ESTABLISHMENT OF A SCHOOL OF LAW TO BE LOCATED AT THE UNIVERSITY OF CALIFORNIA AT RIVERSIDE BACKGROUND: In response to a request from UCR LAW an Inland Empire support group created for the purpose of promoting the establishment of a law school at UCR, the attached resolution has been prepared for your consideration. RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE ESTABLISHMEaNT OF A SCHOOL OF LAW AT THE UNIVERSITY OF CALHPORNIA AT RIVERSIDE WHEREAS, the City of Temecula is served by the University of California at Riverside; and WHEREAS, the University of California has traditionally been a leader in providing education for professional persons in the State of California; and WHEREAS, there is a current need for a publicly funded law school in Southern California to augment the existing four law schools of the University system; and WHEREAS, the University of California at Riverside provides the best location for a law school because of its appeal to under-represented students and students coming from a lower socioeeonomie segment of society; and WHEREAS, the University of California can logically accommodate a new law school; and WHEREAS, there is strong community support for the law school, which support is an important ingredient to the success of such a school. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE: SECTION 1. That the City Council of the City of Temecula respectfully urges University of Califomia President David Gardener and the Regents of the University of California to take all steps necessa.ty for the establishment of a law school at the University of Riverside. 2~Reso8\222 Resolution No. 91- Page 2 SECTION 2. Resolution. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this 10th day of December, 1991. ATFEST: Ronald J. Parks, Mayor June S. Greek, City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of December, 1991 by the following vote of the Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 'JCR',,,, LAW P.O. Box 1299, Riverside, CA 92502 · (714) 682-5550 FAX (7141 781-4012 JAMES D. WARD Chair LORRAINE B. SHOAF Executive Director July 24, 1991 City of Temecula June Greek, Clerk P. O. Box 3000 Temecula, CA 92390 UCR LAW is an Inland Empire support group which has been created for the purpose of promoting the establishment of a law school at the University of California, Riverside. I am writing at this time to request a resolution of support from you for a law school at UCR. Superior and Municipal Court judges in Riverside and San Bernardino counties have endorsed the idea of a UCR law school as have the district attorneys, public defenders, county counsels and city attorneys. The Inland Empire is in need of well-trained lawyers, particularly in the area of public service law. As major county seats within ten miles of each other, the cities of Riverside and San Bernardino are in a unique position to offer special programs and internships in the area of public law. Enclosed is the UCR LAW position paper, a partial list of those organizations and leaders in higher education who have officially endorsed a law school at UCR, and a sample resolution which could serve as a guideline. We hope that you will join with us in support of a UCR law school. In order to be included in our official list of supporting organizations, your resolution should be received by this office no later than September 30, 1991. If there are any questions, please feel free to call us at (714) 682- 5550. Sincerely, James D. Ward Chair Lorraine B. Shoaf Executive Director P.O. Box 1299, Riverside, CA 9251~2 · 17141 682-5550 FAX{714)781-4012 J~,MES D ~RD LI)RRMx. E B SHOAF The Case for a Law School at UCR The University of California has assumed a major responsibility for professianal education in this state and yet is not fulfilling that role in the education of California lawyers. Enrollment in the law schools at the UC campuses has lagged behind overall enrollment of the university by a substantial margin. The University provides enrollment for only approximately 18% of the law students in ABA accredited schools in Southern California. Obviously, the percentage is lower if the State accredited and unaccredited schools are counted. As a result, most students who want a legal education must seek it fram private schools. Since space in the University system is limited, only a small percentage of students who apply can be admitted. UCLA regularly turns away significant numbers of well-qualified students. The UC system has four law schools - three of them are located in Northern California, despite the fact that the bulk of the lawyers and the general population of the state is located in the south. The Inland Empire area of Southern California is projected to have a population of over 3 million people by the turn of the century, and yet there are no ABA accredited law schools in the area. The University of California, in its four schools, provides a quality education for lawyers. This is demonstrated by the stature of the law schools and by the passing rate for the bar exam of graduates from UC schools. California has several fine private law schools that also do an excellent job of educating lawyers. There are a number of unaccredited schools which, although quite expensive for students, frequently do not give the education needed to pass the bar examination. With the UC system failing to provide enough spaces for law students in Southern California, those students must turn to expensive and sometimes inferior schools for an education. Of the sixteen ABA accredited law schools, only two are located any significant distance from the ocean, and neady all are located in major metropolitan areas. There is a great need for a publicly funded law school in an inland area which will be available to a different socio- economic strata of students and under-represented students. The affordability of housing near a law school is a real factor for a great many students. The University of California at Riverside could provide the perfect location to satisfy all of the needs set forth above. UCR is favored by its location in another way. Riverside is a county seat and San Bernardino, also a county seat, is only 10 miles away. This gives immediate access to numerous public law offices in the two counties and provides an opportunity for clinical programs, internships, etc., for the law school People operating in the public law sector feel that law schools generally need to provide an atmosphere of encouragement to get students into their area of the law. A law school at UCR couldprovide assistance in that regard. The judges of Riverside and San Bernardino and the justices of the Court of Appeal in San Bernardino support a law school at UCR because they know that their courts can provide programs which will benefit both the courts and a new law school. A select committee appointed by UC President David Gardner recently released a report entitled "Analysis of Graduate Legal Education at the University of California." The committee found that the UC system shouM enroll more law students tO remedy a shortage of minority and public service attorneys in the state. Tills report is a blueprint for a law school in the Inland Empire area. UCR, as one of the fastest growing campuses in the county, is ready for and needs an anchor professional school. It has the site available. Plans are being prepared for the possible inclusion of a courtroom of the Tmventy-l~rst Century as focal point of the new building. There is overwhelming evidence of support from the community. Dozens of governmental entities, chambers of commerce, civic groups, school boards, universities, lawyers, organizations, and others have passed resolutions and sent letters in support of the idea. It is undoubtedly true that California has more than enough law schools in sheer number and many argue that it has more lawyers than it needs. The fact remains, however, that there is a crying need for quality legal education and well-trained lawyers. The University of California shouM be doing its usual efficient job of providing that sort of quality education through a public institution. The best place to locate a new law school is at the university campus in Riverside. LORRMNE B SHOAF C_ RO. Bo,~ 1299. River%ide. CA 92502 · 1714~682-5550 FAX (7141 781-4012 ENDORSEMENTS Desert Bar Association (Palm Desert) Greater Riverside Chambers of Commerce High Desert Bar Association (Victoryilia) Inland Empire Latino Lawyers Association, Inc. Monday Morning Group Palm Springs Unified School District Board of Education Redlands City Council Riverside City Attorney, County Counsel, District Attorney, Public Defender Riverside City Council Riverside Community College District, Board of Trustees Riverside County Bar Association Riverside County Board of Education Riverside County Board of Supervisors Riverside Municipal and Superior Court Judges Riverside Unified School District Board of Education San Bernardino City Attorney, County Counsel, District Attorney, Public Defender San Bernardino Area Chamber of Commerce San Bernardino City Unified School District Board of Education San Bernardino County Bar Association San Bernardino Superior Court Judges Southwest Riverside County Bar Association (Temecula) UCR Alumni Association George E. Brown, Jr., Congressman Dr. Dale S. Holmes, superintendent, Riverside County Office of Education Dr. Charles lane, president, Riverside Community College Dr. John Brooks Slaughter, president, Occidental College Dr. Russell Tuck, president, California Baptist College 7/91 ITEM NO. 7 ~o~ ciTY ATTORNEY FINANCE OFFICER CITY MANAGER /l[~,? TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ,~epartment of Public Works December 10, 1991 Revised Vesting Final Tract Map No. 23267-u, PREPARED BY: Kris Winchak RECOMMENDATION: That City Council APPROVE Revised Vesting Final Tract Map No. 23267-4, subject to the Conditions of Approval. DISCUSSION: Vesting Tentative Tract No. 23267 was originally approved by the Riverside County Planning Commission on October 19, 1988, and the Riverside County Board of Supervisors on October 25, 1988. Change of Zone No. 5150 was also approved by the County Board of Supervisors on October 25, 1988. However, the zone change was not given a second reading and therefore was not officially adopted, at that time. Following incorporation of the City, Presley Homes of San Diego submitted a revised map for Vesting Tentative Tract Map No. 23267, along with Change of Zone No. 5, which is identical to the original Change of Zone No. 5150. Revised Vesting Tentative Tract No. 23267 and Change of Zone No. 5, with an Addendure to Environmental Impact Report No. 281, was approved by the City Planning Commission on April 1, 1991, and the City Council on May 14, 1991. A second reading of Zone Change No. 5 was approved on May 28, 1991. Revised Vesting Final Tract No. 23267-4 contains 33 residential lots, one open space lot {Lot No. 35 ), and a 1 acre park site {Lot No. 34). The site is approximately 8.20 gross acres. The tract is located on the south side of Highway 79 between Pala Road and Margarita Road. ENG\T23267-4. STF 1 The following fees have been paid (or deferred) for Revised Vesting Final Tract No. 23267-4: * Fire Mitigation Fees (Deferred to Building Permits) * Traffic Signal Mitigation (Deferred to Building Permits) * Stephen's K-Rat Fees (at Grading Permits) $ 13,200.00 $ 4,950.00 $ 15,990.00 The following bonds have been posted for Revised Vesting Final Tract Map No. 23267-~: Faithful Labor and Performance Materials Streets and Drainage $ 327,000 $ 163.500 Water 130,500 65,250 Sewer 76,500 38,250 Survey Monuments $ 11,650 SUMMARY: Staff Recommends that the City Council APPROVE Revised Vesting Final Tract Map No. 23267-u~, subject to the Conditions of Approval. TN:ks Attachments: 2. 3. Development Checklist Location Map Copy of Map Planning Department Staff Report dated April 1, 1991 Conditions of Approval TCSD Agreement Fees and Securities Report ENC\T23267-~. STF 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Revised Vesting Final Tract Map No. 23267-~, The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility Condition of Approval Condition No. 24 See TCSD Letter Dated 9-30-91 Condition No. 54 Traffic Signal Mitigation Condition No. 42 Fire Mitigation See Fire Department Letter Dated 1-29-91 Flood Control (ADP) RSA Fees Condition No. 49 N/A ENG\T23267-4.STF CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT REVISED VESTING TRACT MAP NO. 23267-4 IMPROVEMENTS Streets and Drainage Water Sewer TOTAL DATE: November 4, 1991 FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY $ 327,000.00 $ 163,500.00 $ 130,500.00 $ 65,250.00 $ 76,500.00 $ 38,250.00 $ 534,000.00 $ 267,000.00 *~intenance Retention (10'4 for one year) *(or Bonds if work is c0mpietad) $ 53,400.00 Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD # Road and Bridge Benefit Fee Other Developer Fees $ $ $ $ $ $ 11,650.00 -0- -0- 4,950.00 -0- -0- Planning Fee Quimby Fee Comprehensive Transportation Plan Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date {Credit) Total Inspection/Plan Check Fees Due $ $ $ $ $ $ $ $ 136.00 -0- 8.00 23.166.30 20,510.48 583.00 44,403.78 -0- ENG\T23267-4.STF s ~ 92590 Ronald J. Parks Patrlcla H. Sirdull Mayor Pro Tern Karel F. Llndemans Councllmer'nl:>ef Peg J. Sal Mu~oz David F. DIxon C~7 Manager 1714) 694-1~8¢ FAX (7141 894-1~ September 30, 1991 Ray Casey Presley of San Diego 15090 Avenue of Science, Suite 201 San Diego, CA 92128 RE: TRACT MAP NO. 23267 AND 26861 CLEARANCE AS TO PARK LAND DEDICATION AND/OR IN LIEU FEES. Dear Mr. Casey: TCSD Staff has reviewed the conditions as set forth in the County of Riverside/City of Temecula Conditions of Approval and recommend that the City Council APPROVE Tract No. 23267 and 26861 subject to the developer or his assignee entering into an agreement with The Temecula Community Services District to conform to the following: Neighborhood Park "A' which consists of a One acre park located within Sub Tract No. 23267-4 shall be developed to TCSD standards and the attached conceptual design prior to the issuance of the 50th building permit. Neighborhood Park "B" located within Sub Tract No. 23267-2 consists of an approximate 2.9 acre reservoir which the developer has agreed to drain and level to be contiguous with the remaining 6.3 acres of proposed park land to meet his current Quimby Requirement and to allow for a total land dedication within this tract of approximately 9.2 acres. The total 9.2 acres shail be developed to TCSD standards and the attached conceptual design prior to issuance of the 5Oth building permit for Tracts No. 23267ol,2, and 3. To date, all known interior slope areas are hereby conditioned to be maintained by an established Home Owners Association (HOA). Exterior slopes bordering an arterial street may be dedicated to the TCSD for maintenance following compliance to TCSD standards an completion of the application process. Should you have further questions my telephone number is (714) 694- 6480. Applicant or his assignee agrees to the aforementioned conditions as signified below. ']~f/¢~ ~ Data ' Applicant Yours truly, CITY F TE A evelopment Services Administrator CITY OF TEMFCULA ) THE MEADOWS SP 219 VA t HAWI~ $1e / TRACT NO. 2:5267-4 CROSBY, HEAD, BENTON & ASSOCTATES APRZL, 1989 I~II:H:I ~,II:l If| If: ti| "I ,~: ,. ,.> lit. II:i TItACT N~. Case Recommendation: STAFF REPORT o PLANNING CITY OF TEMECULA PLANNING COMMISSION April 1, 1991 Revised Vestin9 Tentative Tract Map No. 23267 Prepared By: Richard Ayala Forward the following recommendations to the City Council: 1. RECOMMEND adoption of the addendurn to EIR No. 281 for Revised Vesting Tentative Tract Map No. 23267: and 2. ADOPT Resolution No. 91- recommending approval of Revised Vesting Tentative Tract Map No. 23267. APPLICATION INFORMATION APPLI CANT: REPRESENTATIVE: ]~ROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: Presley of San Diego Crosby Mead Benton ~, Associates Revised Vesting Tentative Tract Map No. 23267 is a proposal to subdivide 189.0 acres of land it, to 601 residential Iota with approximately 57.8 acres of open space. This project is being processed concurrently with Change of Zone No. 5. South side of Highway 79 between Pala Road and Margarita Road. R-R (Rural Residential) North: R-A-5 South: A-1-10 East: SP West: R - R | ResidentialAgricultural, 5 Acre Minimum) (Light Agricultural, 10 Acre Minimum) (Specific Plan 217, Red Hawk ) ( Rural Residential) A: \VTM23267 1 PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: A :\VTM23267 R-3 (General Residential) R-u, (Planned Residential) R-5 (Open Area Combining Zone. Residential Developments) 1~.68 acre~ 57.8 acres Vacant/Graded Land North: South: East: West: Low Density Single Family Existing Sod Farm Vacant/Single Family Tract Under Construction Vacant Single Family Total Lots: 601 Total Acres: 189 Min. Lot Size: o,,500 sq.ft. Density: 3.19 DU/AC On March 18. 1991, the Planning Commission continued this item in order to allow Staff the opportunity to provide additional information regarding open space maintenance. The subject property was originally a portion of the Old Vail Ranch. It is located along the south side of Highway 79 between Pale and Margarita Roads. The original application, Change of Zone No. 5150 was a request to change the zoning on 221.2 acres of land from R-R I Rural Residential), and R-5 (Open Area Combining Zone). This zone change was approved by the County of Riverside Board of Supervisors on October 20, 1988. However, due to an oversight by the County, the zone change was never given a second reading and, therefore, was never officially adopted. The applicant submitted a new application, Change of Zone No. 5, to the City of Temacula Planning Department on September 24, 1990. Revised Vesting Tentative Tract Map No. 23267 was submitted to the City of Temecula on December 21. 1990. On January 17, 1991, this project was reviewed by the Preliminary Development Review Committee (Pre-DRC) in order to informally evaluate the project and address any concerns, as well as suggesting possible modifications. The comments by the Pre-DRC included the following: 2 PROJECT DESCRIPTION: ANALYSIS: Open Space Maintenance Traffic Impacts Access/Circulation Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss possible design modifications in order to address the Pre-DRC's Concerns. On March 7, 1991, Revised Vesting Tentative Tract Map No. 23267 was reviewed at a Formal Development Review Committee (DRC) meeting; and, it was determined that Revised Vestin9 Tentative Tract No. 23267 met the DRC's concerns. This tract includes 189 acres of land with proposed R-~ and R-5 zoning, This subdivision contains 601 single family lots with 57.8 acres of open space. The minimum lot size is ~,,500 square feet. The open space acreage contains 33.9 acres consisting of the Temacula Creek Flood Channel, which may have as joint use as a park in the future, two (2) neighborhood parks totaling 10.2 acres, and an 11.8 acre preserve for native vegetation and the original adobe ranch house. Revised Vesting Tentative Tract Map No. 23267 is situated along Highway 79 and will incorporate a 20 foot buffer between Highway 79 and the subject tract. The subject site along Highway 79 consists of approximately 1~8 single family lots with a minimum lot size of ~,500 square feet. The applicant is also proposing a one acre neighborhood park ( Lot 605) for this section of the project. This area is proposed to be zoned R-~ and R-5. The entire tract is bisected by the Tamecula Creek ( Lot 601~ ) which consists of approximately 33.9 acres and is zoned R-5. Subsequently, the possibillty exists for the creek to be used by future residents as · regional park, but the joint use as a flood control system and perk must be discussed and developed by and between the City and the Riverside County Flood Control District. A: \VTM23267 3 A :\VTM23267 The area south of the Temecula Creek is also zoned R-~ and R-5 and consists of 453 single family lots well over ~,500 square feet. This portion of the project is also incorporating a 10.7 acre regional park and a 1.1 acre lot for the old historic adobe house ( Lot 603 and 609). In addition, the applicant is also providing a 9.1 acre neighborhood park I Lot 602) and may incorporate the existing secondary treated water reservoir for the adjacent sod farm into the park design. The secondary treated water is to be upgraded to tertiary treated in the near future. The revised map was submitted in order to change the grade of the development and to change the cul- de-sacs designed off of "S" Street in order to create a more efficient design. The revised map is not proposing any major circulation or lot changes. Instead, the revised map will aid to eliminate the need for a Home Owners Association {HOA). Currently the applicant is working with the CSD in order to determine the maintenance of the proposed open space lots and down slopes at property lines. OPen Space The Temecula Community Service District has been in direct contact with the applicant in regards to the proposed open space maintenance issue, and has determined that the following dedicated lots are acceptable for City maintenance by means of an irrevocable easement deed: Lot No. 606 Lot No. 607 Lot No. 608 Lot No. 610 Lot No. 611 Lot No. 612 As for the well sites (Lots 185 and 57~). the Community Service District recommends that these well sites be dedicated to the serving water district by means of a grant deed. Traffic Impacts The Transportation Engineering Staff has reviewed and accepted the findings and mitigation measures as specified in the traffic impact analysis prepared for revised Vesting Tentative Tract Map No. 23267 and has determined that the proposed project will have an impact to the existing road system. However, given the proposed mitigation measures. there will be no adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Access and Circulation The portion of the project that abuts Highway 79 will have vehicular access via "A" Street la 100~ street) which in term has access to Highway 79. Additional access to the northern portion of the project will be provided by "B" Street {an 82' street with a 15' bike lane) which runs parallel to the Temecula Creek. Internal, 66s and 60~ wide streets will provide access through this portion of the project. Access to the portion of the project south of the Temecula Creek will be provided by Loma Lynda Road (a 66' street) which has access to Pale Road (a 110' street), In addition, Via Cordoba (a 66' street) will provide access to the southeast portion of the project which will integrate with the existing Red Hawk Development. Internal 66~ and 60~ wide streets will provide access through this portion of the project. Both the Engineering and Traffic Engineering Staff, as well as the Planning Department Staff, have determined that the applicant~s proposed access and circulation are acceptable. Grading The majority of the area south of Temecula Creek has been mass graded with some major infrastructure already being completed within the proposed street sections. The 10, 7 acre open space is mostly sloping hillside and very little grading will occur within this area. The area north of Temecula Creek is rather flat and will require minimal grading for the project development. A: \VTM23267 ' 5 I GENERAL PLAN/SWAP CONSISTENCY AND COMPATIBILITY: A: \VTM23267 ' Vesting Tentative Tract Map No. 23267 has an acreage density of 3.2 units per acre. However, SWAP designates the entire flood control channel as recreational open space and therefore, this area is not included in the 2 to 5 unit per acre area. The portion of the map north of the flood channel maintains an average density of LI.8 units per gross acre. The area south of the channel maintains an average density of LI.0 dwelling units per gross acre. These densities conform to SWAP. This project does conform to the surrounding land uses in the area. The two approved specific plans to the east and south contain similar residential densities and minimum lot sizes as the subject property. These projects were approved under the plan previous to SWAP which allowed a slightly higher density. In addition, they contain over 6,000 housing units with similar characteristics to the proposed subject property, These plans have average densities between 5 and 6 DU/AC. The applicant is proposing to have an average density of only u, units/acre, The properties to the west are currently designated for commercial in SWAP, along with the land along the south side of Highway 79 between the subject site and Margarita Road. Staff feels that by breaking the commercial strip along the highway with residential, the commercial will be concentrated at the corner of Margarita and Highway 79 where it is more desirable. Another specific plan, Murdy Ranch, is directly west of the subject site and it contains similar residential densities. The properties to the north are designated commercial in SWAP along Highway 79 and existing low density rural residential beyond ISantlago Estates). Staff feels that there will be no significant impact from the higher density residential along the south side of Highway 79 due to the physical break of the roadway and the commercial barrier along the north side of Highway 79. To provide a barrier to noise for the proposed development along the highway, Staff will require a significant landscaped buffer of 20 feet minimum. Therefore, Staff feels that the proposed development is logical and is consistent with the type of residential development that is found in the area. 6 In conclusion, the proposed Revised Vestina Tentative Tract Map No. 23267 will like,) b~ consistent with the future adopted General Plan for the City of Temecula. This proposal is a logicat extension of residential development in the area and with the implementation of traffic mitigation measures for the development, there will be no significant impact on the surroundin9 area, ENVIRONMENTAL DETERMINATION: Environmental Impact Report No. 281 was completed on the subject property for Vesting Tentative Tract Map No. 23267. The report indicated a number of mitigation measures that must be implemented in order to reduce the impact of the project below a level of significance. These mitigation measures included a new ~l-lane bridge on Pala Road over Temecula Creek, the channellzatlon of Temecula Creek, and several other significant measures that have not currently ben implemented. Therefore, Planning Staff recommends that an addendure to Environmental Impact Report No. 281 be adopted. A copy of which is attached. FINDINGS: The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.19 units per acre is within the range of the SWAP designation of 2-5 units per acre. The proposed revised vesting tentative tract map is compatible with surrounding zoning, existing land uses in the vicinity, and approved projects. The proposed R-u, and R- 3 portions of the project adjacent to Highway 79 consist of higher densities and abuts future office commercial SWAP designation land uses. The lots situated south of the Temecula Creek are substantially larger than ~, 500 square feet and abut specific plan are'- such as Red Hawk, Vall Ranch and Murdy Ranch. which in term are similar in density and design. A:\VTM23267 7 A :\VTM23267 The lot design and internal street IP\,o~,~ acceptabl~ to the City F,~:,r.n,~ Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pala Road and Highway 79, and four (u,) access points to the site are shown on the map. There is a reasonable probability that the project will be consistent with the City~s General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in _the vicinity, and approved subdivisions. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map Nos. 23267, Vesting Tentative Tract Map No. 23299 and Change of Zone No, 5150. Revised Vesting Tentative Tract Map No. 23267 will not result in any new or substantially increased environmental impacts, The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. 10. 11. 12. 13. The project meets the requirement~ of Ordinance 3u, 8 and 460 in that atl lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. The proposed project includes adequate dedication for public parks in that it provides for 10.2 acres of public parks and 10.7 acre preserve for native vegetation. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval, the Planning Department Staff recommends that the Planning Commission: RECOMMEND adoption of the addendum to No. 281 for Revised Vesting Tentative Tract Map No. 23267; and ADOPT Resolution No. 91- recommending approval of Revised Vestin9 Tentative Tract Map No. 23267. RA:ks Attachments: Resolution ( Revised VTM No. 23267 ) Conditions of Approval IRevised VTM No. 23267) Addendure to EIR No. 281 Exhibits Map No. A :\VTM23267 9 ATT,~.CH~~r ~l I RESOLUTION ?~(J. 91- A RESOLUTION OF THE PLANF~fNU COMMISSION OF THE CITY OF TEMECULA RECO~',.JENDING APPROVAL OF REVISED VESTING TENTATIVE TRACT MAP NO. 23267 TO SUBDIVIDE A 189 ACRE ~"~RCEL INTO 601 SINGLE FAMILY RESIDENTIAL LOTS AND 5 OPEN SPACE LOT5 LOCATED ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGAR ITA ROADS AND KNOWN AS ASSESSOR~S PARCEL NO. 926-016-002, 003, 012, 017, AND 025. WHEREAS, Presley of San Diego filed Revised Vesting Tentative Tract Map No. 23267 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Plannln9 Commission considered said Revised Vesting Tentative Tract Map on April 1, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Revised Vesting Tentative Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION I. That the Temecula Planning Commission hereby _ Flndlnqs. makes the following fli~ngs: A. Pursuant to Covernment Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following Incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or requirements of state law that its decisions be consistent with the general plan, if ell of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. |2) The planning agency finds, in approvlng projects and taking other actions, including the issuance of buildinn permits, each of the following: A:\VTM23267 10 There i~ a reasonable probability thPt th~ land use or action proposed will be consistent with the general plan proposal bein9 considered or studied or which will be studied within a reasonable time. {b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan. I hereinafter "SWAP" ) was adopted prior to the incorporation of Temecule as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Revised Vesting Tentative Tract Map and is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: I1) The city is proceedin9 in a timely fashion with a preparation of the general plan. 12) The Planning Commission finds, in recommending approval of projects and taking other actions, including the Issuance of building permits, pursuant to this title. each of the following: There is reasonable probability that Revised Vesting Tentative Tract Map No. 23267 will be consistent with the general plan propose, being considered or studied or which will be studied within a reasonable time. Ib) There is little or no probability of substantia: detriment to or Interference with the future adopted general plan if the proposed use or action Is ultimately inconsistent with the plan. A: \VTM23267 11 Th{' propnS~d USe or action compile.. ,~.lh all oth~: ;,; i';r ,~t~t~ requirem~rlts of star, I ,,,. local ordinances. D. ( 1 ) Pursuant to Section 7.1 of County Ordina,,, No. 460. no subdivision may be approved unless the following findh~,.is are made: a) That the proposed land division is c~,,~..l~tent with applicable general and specific I~l-ns. b) That the design or improvement ~1 the proposed land division is consist,s~l with applicable general and specific plan~. c). That the site of the proposed land dtvl,lon is physically suitable for the type of development. d) That the site of the proposed land dlvlklon is physically suitable for the proposed d-nsity of the development. e) That the design of the proposed land division or proposed improvements are not Ilkely to cause substantial environmental dan~u~e-or substantially and unavoidably injur, fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problem,. g) That the design of the proposed land division or the type of improvements will not c~mflict with easements. acquired by the Pul>lic at large. for access through. or use of. property within the proposed land division. A land division may be approved if it Is found that alternate easements for access or for use will be provided and that they will b~ substantially equivalent to ones Previously acquired by the public. This suhaection shall apply only to easements of rec~rd or tn easements established by judgment ol a cour of competent jurisdiction. 12 ) The Planning Commission in recommending gPprovzl of the proposed Tentative Tract Map. makes the followin9 findh~ s to wit: A :\VTM23267 f? A: \VTM23267 a) b) c) d) e) f) The proposed density is consistent with the Southwest Area Plan land use designatlorl. The proposed density of 3.19 units per acre is within the range of the SWAP designation of 2-5 units per acre. The proposed revised vesting tentative tract map is compatible with surrounding zonin9, existing land uses in the vicinity, and approved projects. The proposed R 4 and R- 3 portions of the project adjacent to Highway 79 consist of higher densities and abuts future office commercial SWAP designation land uses. The lots situated south of the Temecula Creek are substantially larger than u,, 500 square feet and abut specific plan areas such as Red Hawk, Vail Ranch and Murdy Ranch, which in term are similar in density and design. The lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All Iotsconform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. Adequate public street access will bn provided to every lot. The legal owner of record has offered to make all required dedications. Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pale Road and Highway 79, and four {q) access points to the site are shown on the map. There is a reasonable probability that the project will be consistent with the Cityis General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. 13 It ._ ~,dik,ly that the proposed revised tentative map will constitute a substar~ttal detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses. and approved subdivisions are all residential. h) The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map Nos. 23267, Vesting Tentative Tract Map No. 23299 and Change of Zone No. 5150. Revised Vesting Tentative Tract Map No. 23267 will not result in any new or substantially increased environmental impacts. i) The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. j) The project meets the requirements _ of Ordinance 348 and ~,60 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. k) The proposed project includes adequate dedication for public parks In that it provides for 10.2 acres of public parks and 10.7 acre preserve for native vegetation. I) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. mJ These findings are supported by minutes. maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Revised Vesting Tentative Tract Map is compatible with the health, safety and welfare of the community. A :\VTM23267 SECTION 2. EnvironmentaL_C_o_mpliance. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map No. 23267. Revised Vesting Tentative Tract Map No. 23267 will not result in any new or substantially increased environmental impacts. An addendure to EIR No. 281 is hereby recommended for adoption. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Revised Vesting Tentative Tract Map No. 23267 for the subdivision of a 189 act- parcel into 601 single family residential lots and S open space lots located along the south side of Highway 79 between Pale and Margarita Roads and known as Assessor's Parcel No. 926-016-002,003, 012,017 and 025 subject to the following conditions: A. Attachment III, attached hereto, SECTION PASSED, APPROVED AND ADOPTED this 1st day of April, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted the Planning Commission of the City of Temecula at a regular meeting thereof, he;~ on the 1st day of April, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: \VTM23267' 15 ATTACHMENT II CITY OF TEMECULA CONDITIONS OF APPROVAL Revised Vesting Tentative Tract Map No. 23267 Project Description: Revision to VTM 23267 to allow for 2 additional lots and 7 open space lots to be maintained by TCSD Assessor's Parcel No.: 926-160-2, 3, 12 and 17 and a portion of 926-160-01 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance q60, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance q60 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the lar, r' division boundary. All offers of dedication and conveyances shall b, submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space arep improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular acce~,, to all lots in each phase, and shall substantially conform to the intent purpose of the subdivision approval. A maintenance district shall be established for maintenance of Lots __ Open Space, the .developer/applicant shall pay for all costs relating to establishment of the district. A:\VTM23267 16 10.~ 11. 12. 13. 15. Delete Riverside County Condition No. 181d). Prior to the recordation of the final map, Change of Zone No. 5 shall be approved by the City Council and shall be effective. Lots created by this land div~slon shall be ;n co~jormance with the development standards of the zone ultimately applied to the property. / Prior to recordation of the final map, the project site shall be annexed into the Temecula Community Service Distict (TCSD). A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three |3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated January 29, 1991, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District tranamittal dated March 8, 1991, a copy of which is attached. 16. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-~ I Planned Residential) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. A :\VTM23267 17 17. 18. 19. 20. The developer shall be responsible for maintenance and upkeep of all stopes, landscaped areas and irrigation systems until such time as those ope~ ~,, . are the responsibilities of other parties as approved by the Planning Director. Prior to recordatlon of the final maD, an Environmental Constraints Sheet IECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty |30) miles of Mount PaiDmar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, PaiDmar Observatory outdoor lighting policy. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: I1) Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six {6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or transition into the primary use area of the site. Landscap. elements shall include earth bermlng, ground cover, shrubs and specimen trees, Front yards shall be landscaped and street trees planted, Wall plans shall be submitted for the project perimeter and along Highway 79 and Lime Street. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading dowr, from the lot shall be provided with gates in the wall for maintenance access. A:\VTM23267 18 II Landscaping plans sh_~I' ;;~rnrporate the use of specimen accent trees at key visual focal ,>,,;,~fs within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way. they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. If the project is to be phased. prior to the approval of grading permits. an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten ~10) feet in vertical height shall be contour- graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjust· to the angle of the natural terrain. Angular forms shall be discouraged. The graded forn shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curv.~ with radii designed in proportion to the total height of t~- slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizont~' length. the horizontal contours of the slope shall he curved in a continuous. undulating fashion. A:\VTM23267 19 ( 21. 22. Prior to the issuance of g~pH;nc] permits. the developer shRII provide evidence to the 17)irectot' of Building ahd Safer) I. hb'. ail adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential Iot/unlt within the project boundary until the developer's successor's- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars {$100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Buildihg and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to ~5 Ldn, All building plans for all new structures shall incorporate, all required elements from the subdivision~s approved fire protection plan as approved by the County Fire Marshal, Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. 'The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant i Class A ) roofs as approved by the Fire Marshal, Roof-mounted mechanical equipment shall not be permitted within thr. subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. A:\VTM23267 20 23. 25. 26. g. All street side yard setback:_~ shah be a minimum of ten (10) fr rf All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No, 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to recordation of the final map, the subdivider shall submit to the Planning Director an agreement with the Community Services District which demonstrates to the satisfaction of the City that the land divider has satisfied Quimby Act requirements in accordance with Section 10.35 of Ordinance No. u,60. The agreement shall be approved by the City Council prior to the recordatlon of the final map. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Revised Vesting Tentative Tract Map No. 23267, which action is brought within thL time period provided for in California Government Code Section 661199. 37 . Th, City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula, A :\VTM23267 21 27. The developer shah make a good faith effori to acquire the required o~f-~h property interests, and if he or she should fail to do so. the developeF shall at least 120 days prior to submittal of the final map for approval. enter into an agreement to complete the improvements pursuant to Government Code Section GGu,62 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 28. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 29. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 30. The Covenants, Conditions and Restrictions I CC~,R's ) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CC~,R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, all buildings in common open areas, and all interior slopes. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner'a group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty t~ maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCSRms which shall include compulsory membership of ell owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CCSR's shall permit enforcement by the City of Provisions requireu by the City as Conditions of Approval, The developer shall submit evidenc~ of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated tc the City for public purposes. 32. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either ~ 1 ) an undivided interest in the common areas facilities, or |2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. -~' A: \VTM23267 22 Maintenance for all landscaped and oppn areas, including parkways, shall hP provided for in the CC~,R's. Within forty-eight (~,8) hours of the approval of this project, the applicant/developer shall deliver to th-_ Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars 15875.00) which includes the Eight Hundred, Fifty Dollar {$850.00) fee, in compliance with AB 3158, required by Fish and Came Code Section 711.u, ld)13) plus the Twenty-Five Dollar l$25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and lu, Cal. Code of Regulations 1509~. If within such forty-eight ~8) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted hereln shall be void by reason of failure of condition, Fish and Game Cede Section 711 .u,{ c) . Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to-be resubmitted for further consideration. 35. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 36. The final map shall be prepared by · licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. q60. PRIOR TO RECORDATION OF THE FINAL MAP: As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rencho California Water District: Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department: Engineering Department; Riverllde County Health Department: CATV I~ranchise; US Army Corps of Engineers: ~"' US Fish and Wildlife; and California State Department of Fish and Game. A :\VTM23267 38. 39. Street "T" shall be improved with U~LI feet of asphalt concretP p;,vernemt nr bonds for the street improvements may be posted. within the dedicated right.- of-way in accordance with County Standard No. 103. Section A I~u,'/66'). Street "DD" and "FF" shall be improved with I~u. feet of asphalt concrete pavement. or bonds for the street improvements may be posted. within the dedicated right-of-way in accordance with County Standard No. 103, Section A (~u,'/60') with 3 foot wide utility easements. In the event road or off-site right-of-way are required to comply with these conditions. such easements shall be obtained by the developer: or. in the event the City is required to condemn the easement or right-of-way. as provided in the Subdivision Map Act. the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66u.62.5. which shall be at no cost to the City. The subdivider shall construct or post security and an agreement shall be executed guaranteeinS the construction of the following public improvements in conformance with applicable City standards. Street improvements. including. but not limited to: pavement. curb and gutter. medians. sidewalks. drive approaches. street lights. signing. striping. traffic signal systems. and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping. d. Sewer and domestic water systems. Prior to recordation of the final map, the developer shall deposit with the Engineering Department 8 cash sum as established, per lot; as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee. he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. The subdivider shall submit four prints of a comprehensive grading plan t~ the Engineering Department. The plan shall comply with the Uniform Buildin..) Cede. Chapter 70. and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2q" x 36" mylar by a Registered Civil Engineer. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A :\VTM23267 2q. A drainage study shall be submitt.-, '.-, *'~d approved by the City Engineer. All drainage facilities shall be in,".~ H.,i ~ required by the City Eng,r~e~ . Portions of the site are in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undeterrnined depths. Prior to the approval of any plans. this project shall comply with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining'~'letter o'6t~' map revision from FEMA for the affected areas. Prior to final map, the subdivider shall notify the City~s CAT~ Franchises of I the Intent to Dave op. Conduit shall be installed to CATV"~t~ndards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property. no new charge needs to be paid. A permit shall be required from CalTrans for any work within the following right-of-way: State Hiqhway 79 51. A permit from the County Flood Control District is required for work within its right-of-way. PRIOR TO BUILDING PERMIT: 52. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Ci,." Engineer for location and elevation, and the Soil Engineer shall issue a Fin~ Soils Report addressing compaction end site conditions. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 53. Construct full street improvements including but not limited to, curb an,s gutter. A.C. pavement, sidewalk. drive approaches. parkway trees anr~ street lights on all interior public streets. A :\VTM23267 25 Developer shall pay any napital fe.- f ,' ~ '~ '! !mprovements and public facilities imposed upon the property o; ~lrcU, 't . ir~ctuding that for traffic ar,c facility mitigation as required under the FIR/Negative Declaration for the project. in the amount in effect at th~ time of payment of the fee. If an interin or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof. the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated lassumin9 benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq Department PRIOR TO RECORDATION OF THE FINAL MAP: 56. 55. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Loma Linda Road. "DD" Street. and "S" Street, and shall be included in the street improvement plans. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for all internal streets with q0 feet or less of curb separation and can, be shown on the street improvement plans. 57. A signing and striping plan shall be designed by s registered Civil Engineer and approved by the City Engineer and CalTrans for State Route 79 South, "A" Street, and "B" Street, and shall be included In the street improvement plans. Condition 132 of the County Road letter dated October 7, 1988 shall be deleted. 58. Prior to designing any of the above plans, contact Transportation Engineering and CalTrans for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 59. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detou: or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF ANY OCCUPANCY PERMITS: All on-site signing and striping shall be installed per the approved signin~ and striping plans. A:\VTM23267 ' 26 61. in the event that the required imp,'o~ ~, 'nt~ on-St-at~Rl~te?9~J~uthlrrci4~f~a Rca~ for the Pala Road reaticJn~,L'_.~. -~_,d the bridqe over lemecula (. I ~c; are not completed b*/-A-sltssrnentgii~l~et ~53 prior to the issuance of certificate of occupancy, the developer shall be required to enter into a reimbursement agreement with the City of Temecula for the construction of the necessary improvements bwsed-on-the. The developer's percent of contribution toward the facilities within the reimbursement aqreement shall be as per the approved Traffic Study. Construction of necessary improvements shall be based upon the following dwelling unit occupancy levels (Amended per Planning Commission March 18, 3993 ): A. For unit one hundred and one 1101 ) or more: A 750 foot minimum right turn lane with an adequate transition for east bound travel on State Route 79 South for Pa)a Road shall be designed and constructed to ColTtans specifications and requirements and shall be approved by ColTtans and the City Engineer. Multi-way stop controls shall be designed and installed, when warranted and approved by ColTtans, at the north bound and south bound on and off ramps of Interstate-15 and State Route 79 South. B. For unit two hundred and forty 12~0) or more: A minimum ~50 foot north bound left turn lane with transition and a minimum 125 foot north bound right turn lane with transition on Pala Road at State Route 79 South shall be designed and constructed to ColTtans and City requirements and specifications, and shall be approved by ColTtans and the City Engineer. t.- ....~'~e~lefelope'~Jhett-ente'4frtrsrregPeeme~t'wK+r~ht4}~tTtor reimbtn~emen t -tv ~.hr (:;4t~-ff~wr eth er-d e~e~opmef~t~ ~ri~hl n- th - impact - m'er -fol- - costs - ~ d- ~ - e~t errt - ~ ~ -p r oj%-,ctJ * C. For unit five hundred and eleven 1511 ) or more: The signal at the intersection of State Route 79 South and Pala Road shall be designed by a registered Civil Engineer. The signal shall be installed and operational, as warranted. per th~ special provisions and the approved traffic signal plan as approved by ColTtans and the City Engineer. A: \VTM23267 27 ]he signal at the intersection of State Routt 7~ 5u~lh and Interstate 15 north bound and south bound on and off ramps shall be designed by a registered Civil Engineer. The signal shell be installed and operational. as warranted, per the special provisions and the approved traffic signal plan as approved by CalTrans and the City Engineer. The signal at the intersection of Rainbow Canyon Road and Pala Road shall be designed by a registered Civil Engineer. The signal shall be installed and operational. as warranted. per the special provisions and the approved traffic signal plan as approved by the City Engineer. Bssed-~n-tl're-add~-rrd~rrr~e~er dlrted--Febrtrm-y-~--~Jg~-~rorn--OaRo~frke--El~gif~eerir~Jr-~Pris dee/depmer~t'--shaH--corrtribute--r'Jgr-~.oward --these--reedwa)~ impf-~v~'nent~sts-=. IAmended per Planning Commission March 18, 1991. ) Full road improvements, including all required signing and striping, on State Route 79 South from Interstate 15 to Pala Road shall be in place in accordance with CalTrans requirements as approved by CalTrans and the City Engineer. Full road improvements, including all required signing and striping, on State Route 79 South from Pala Road to Margarlta Road shall be in place in accordance with CalTrans requirements as approved by CalTrans and the City Engineer. Realignment of Pala Road with State Route 79 South iF conjunction with the construction of a multi-lane bridge across the Temecula Creek. The Pala Road Bridge over the Temecula Creek shall be designed, constructed and operational as approved by the City Engineer. T~n~s-~drrelopment-sh~l--cm~'6~r-t~war~-~ constructiort-coats-af--this-brh~t-,-~as~l-uparr~ne~:tdendtrf, Design and construction of dual left turn capabilities at the south bound Interstate 15 off ramp at State Route 79 South in accordance with CalTrans requirements and specifications and as approved by CalTrans. The signal at the intersection of Loam Linda and Pala Road shall be installed and operational. as warranted, per the special provisions and the approved traffic signal plan as approved by the City Engineer. A: \VTM23267 28 10. The signal at the irtp:-cprtlnn nr State Route 79 South and "A" Street shall be desic/~ed by a registered Civil Engineer. lh~ signal shall be installed and operational, as warranted, per the special provisions and the approved traffic signal plan as approved by CalTrans and the Cit. y Engineer. Design and construction of a dual right turn lane for east bound travel on State Route 79 South at Pala Road and a dual left turn lane for north bound travel on Pala Road at State Route 79 South in accordance with CalTrans and City requirements and specifications as approved by CalTrans and the City Engineer. Department of Buildlnq and Safety 62. Submit approved Tentative Tract Map to the Department of Building and Safety for addressing and street name review. 63. School fees shall be paid to Temecula Unified School District Prior to permit issuance. Lighting on site pool area and recreation area shall comply with Mount Palomar Lighting Ordinance t655. 65. Submit pool plans to Riverside County Health Department for review prior to structural plan review by the Department of Building and Safety. 66. Pool excavation area shall be fenced immediately the same day as excavation is complete. All plumbing trenches shall be fenced, Obtain clearances from land Use and from Building and Safety Departments. 68. Provide a geological report at time of submittal for plan review. A :\VTM23267 29 pLANNING & ENG|~EERING 46-209 OAS|S STREET. SUITE INDIO. CA (6[9))42-8886 FIRE [1t l"%1~1\11 "' ] ~r~ COC,rcr,~ ..... - '-E PLANNING & ENGINEER 3760 12TH STREET RIVERSIDE CA ~ZSOI 1714) 787.6606 DATE: ATTN: RE: January 29, 1991 City of Tomerule Planning Department Tract No. 23267 With respect to the conditions of approval for the ·bore referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule A fire protection ·pproved standard fire hydrants, (6"x4"x2½") lot·ted one ·t each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot front·go more than 165 feet from a hydrant. Hinimum fire flow shall be XO00 GPH for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by · registered civil engineer, containing I Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans art signed by the local vatmr company, the originals shall be presented to the Fire Department for signature. · he required water system. including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Prior to the recordargon of the final map, the applicant/developer shall provide alternate or secondary access as approved by the City of Tsmecuals- Engineering Department. MITIGATION Prior to the recordargon of the final map, the developer shall deposit with the City of Tomerule, · cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into s written agreement with the City deferring said payment to the time of issuance of the first building permit. RE: TR 23267 Page 2 All questions regarding the meaning ef c~:.d~ticns shall be re£e:~,- ~ the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, F~re Safety Specialist Eastern Municipal Water District |,; March 8, 1991 Richard Ayala City of Temecula Planning Department 43180 Business Park Drive Suite 200 Temecula, CA 92390 Subject: Tentative Parcel Map No. 23267 Dear Hr. Ayala: As requested, we have reviewed the subject project and offer the following comments: Sanitary Sewer The subject project is tributary to the Dtstrtct's Rancho California Regiona1 Water Reclamation Facility, via a sewer system to be constructed by Assessmen District No. 159. The developer is expected to submit a proposed conceptual plan of sanitary sewer service to the Dtstrtct's Customer Service and Planning Departments for review and approval. This plan shall provide for a system of gravity-flow sewerlines located within road right-of-way according to EMWD standards. It must be understood that the available capacity of the Distrtct's sewer syste.-. are continually changing due to development within the District. As such, service will be provided based on the timing of the subject project, the servicP agreement with the District, and the status of the Dtstrict's permit ~o operatp- Shodld you have any questions regarding these coffments, please contact Rut.. Newsham or me at {714) 766-1850, Sincerelym HAS:RN:lp cc: John Fricker, EHWD Presley of .San Diego, 15010 Avenue of Science, Ste, 200, San Diego, CA 921: 91-240 7/M ATTACHMENT II ADDENDUM TO ENV)RONMENTAL IMPACT REPORT NO. 281 The Riverside County Board of Supervisors certified Environmental Impact Report (EIR) No. 281 in conjunction with the approval of Change of Zone No. 5150 and Vesting Tentative Tract Map Nos. 23267 and 23299. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Vesting Tentative Tract Map No. 26861 which supersedes Vesting Tentative Tract Map No. 23299 has 87 fewer residential units than Vesting Tentative Tract Map No. 23299 and therefore, will generate less traffic and result in reduced impacts to the environment and to public services and utilities. Vesting Tentative Tract Map No. 26861 will involve minimal grading and therefore, is unlikely that any additional amount of earth movement will result in any increased significant impacts. The Conditions of Approval are adequate to mitigate any potential impacts regarding drainage and non- renewable fossil resources to levels of insignificance. Pursuant to Section 1516~ of the California Environmental Quality Act, this addendure has been prepared to demonstrate that the changes resulting from the proposed Change of Zone and New Vesting Tentative Tract Map and Revised Tentative Tract Map will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant rmpacts. By reducing the number of residential units, the new project will reduce the level of impacts on the environment and on public facilities and services. A:\5.CZ 1~. '~,.. ~INKS 'r SUBMI'FTAL TO TIlE !IOAfiD OF SUPEhvI~,UHS "~,~-/~' COUNTYOFRIVERSIDE. STATE OF CAUFORNIA FROM: THE PLANNING DEPARTHENT SUBMITtALDATE: October 2.0, lg88 SUBJECT: CHANGE OF ZONE 5150, VESTING TENTATIVE TRACT N0. 23299, VESTING TENTATIVE TRACT NO. 23267 - THOTEM A~ERICA CORP. - FirstsSupervisorS District - Rancho California Area - 221 Acres,596 Lots,232 Condominium Units RECOMMENDE-DMOTION: Schedule A - CHANGE OF ZONE from R-R to R-3, R-4 and R-5 The Planning Conmission and Staff Reco~nend: CERTIFICATION of Environmental Impact Report No. 281 based on the finding that the Environmental Impact Report is an accurate, objective and complete document which complies with the California Environmental Quality Act and the Riverside County Rules to Implement CEQA; and APPROVAL of CHANGE OF ZONE NO. 5150 from R-R to R-3, R-4 and R-5 in accordance with Exhibit 2, based upon the findings and con- clusions incorporated in the Planning Conmission minutes dated OCTOBER 19, 1988; and APPROVAL of VESTING TENTATIVE TRACT' NO. 23267, NiENDED NO. 2 subject to the attached conditions, based on the findings and conclusions incorporated in the Planning Conmission minutes dated OCTOBER 19, 1988; and APPROVAL of VESTI'NG TENTATIVE TRACT NO. 23299 subject to the attached cond~s, based on the findings and conclusions incorporated in the Planning Conmission minutes dated OCTOBER 19, 1988. PJ4:rs . 10.-16-68 Roge)r~t~ete~in~gDirector · . Tel. ,;;: · !,. ~.-. Depls. Commenls DIll. AGENDAr; 7' " " ~*' .,. Zoning Area: Rancho California I~IARGE OF ZONE I10. 5150 First, Supervtsorial Dtstrtct VESTING TENTATIVE TRACT NO. Z3Z67 E.I.R:' No. 281 VF. STIIIG 'IT. IITATXVE TRACT RO. Z3Z99 : Regtonal Team No. I Planning Commission: 10-19-88 , Agenda Item No. 1-6 RIVERSIDE COUNTY PUNNING DEPARTNENT STAFF REPORT 1. Applicant: 2, Engineer/Rap.: ~l. Type of Request: _ O 0 Location: Extstfng Zoning: Setrounding Zontng: Extstfng Land Use: 'Surrounding Land Use: Comprehens(ve.General Plan Designation: Land Dtvisfon Data: 11. Agency Rec~,,,~ndatJons: 12. Letters: 13. Sphere of Xnfluence: Thotem Amertcan Corporation RanPac Engineering Change of zone from R-R to R-3, R-4 and R-S, 232 untt condomintum project and a schedule "A" subdivision. Sout~ of Hlghway 79, Nest of Hargartta Road. R-R R-Ro A-I-IO, R-A-21~, R-A-5 Generally vacant, a couple of residences and structures, horse and cattle grazing. Scattered sJngle family residences, a horse ranch, a turf ram and vacant land. Land Use: Category I - II Oenstty: 2-20 d~e111ng untts per acre Total Acreage: 221.2 VTR 23267 VTR 23299 Total Lots: 601Sgle Fam, 232 Units DU Per Acre: 3,01 du/ac 16,02 du/ac Proposed Ntn, Lot Size: 4500 sq, it, See Letters dated: VTR 23267 VTR 23299 CZ 5150 Road 10-07-88 10-11-88 ~ Health: 09-12-88 8-29-88 no con~nent Flood: 10-18-88 10-18-88 4-18-88 (Adds', Fire: 09-09-88 8-24-88 no coffinant P.~ Opposing/Supporting: None received 1 Not wtthin a Ctty Sphere ANALTSIS: ProJect Description Change of Zone No. 5150 ts a request to change the zontng on 221.2 acres of land 1~ the Rancho Caltforota area from R-R to R-3, R-4 and R-5. Vesttng Tentathe Tract IIo. 2329g seeks to establish a 232 unit condomlntum project on 14.3 acres of the overall stte. Vesting Tentattve Tract 23267 seeks to DIAllIE OF ZONE R0. 5150 VESTIRG TUITAIlVE TRACT RO. 23267 VESTING TERTAIlVE TRACT I). 23299 Staff R~port Page 2 subdivide the remaining acreage into 601 single family residential lots with a minimum size of 4500 square feet, two well site lots, and 4 open space lots totaling 57.9- acres. Two of the open space lots are *heighborhood arks totaling ID.2 acres. One open space lot includes Temecula Creek and wilt be made into a regional park totaling 35.9 acres. ~The remaining open space lot of 11.8 acres wil) preserve an existing adobe house and some native vegetative areas, ; The project s,t. is located south of .,ghway Road. This site used to be a part of the Old Vail Ranch. r h ~?~; used for horse and cattle grazing, and contains a couple of single family residences and assorted related structures. Surrounding land uses include vacant land to the east, but which has had two specific plans approved on it (S.P. 217-Red Hawk and S.P. 223-Vatl Ranch}. The area to the north of Highway 79 shows single family residential dwellings on relatively large lots, A horse ranch and turf farm are located to the west along Pala Road. The turf farm is currently under Agricultural Preserve contract (lemecula No. 2). However, this Agricultural Preserve Contract had a notice of non-renewal filed on it on September 20, 1979, so the Agriculture Preserve Contract is due to expire on January 1, lgBg. / Zoning found in the surrounding area currently includes R-R to the north, east, south and west, A-1-I0 to the east and south, and R-A-2~ and R-A-5 to the north. General Plan Coaststency/Canpattbiltty The project site ts located within the Southwest Territory Land Use Planning Area, Just to the south of the Rancho CaltforntaFFemecula subarea. Policies within the Rancho Californta/Temecula subarea call for Cote ory I and II land Uses within the 1-15 corridor, transittoning to Category Ill land uses on the eastern end. lhese policies can be extrapolated down to apply to the proposed project's location. Category I and II land uses now exist to the south of Highway 79 and west of Pala Road Road. This trend towards urban development has been established in the area south of Highway 79, and is continuing to be extended through the approval of several specific plans in the area. Two specific plans adjoin the project site to the east. The Redhawk Specific Plan (S.P. 217) was a proved by the Board of Supervisors on October 6, 1988. This specific plan c l~s for a a mixed use development with residential densities ranging from 2 to 14 dwelling ..its r ;cKc ec l s ciflc la. allo.s u. to Vail ~11an (S.~. 223) adjoins the project on the and northeast was also a proved by the Board of Supervisors on October 6, 1988. This specific pVan has approved 2,431 dwelling units with a density range of 2 to 20 du/acre. The turf farm to the southwest also has a specific plan currently being processed on it (S.P. 228, Murphy Ranch) but is in the inttlal stages. C]~JMGE OF ZORE IKI. 5150 YESTIll; I'I~ATIVE 11MCT RO, 23267 VLr$TIRG 'I~*NTATIVE TRACT II0, Z3Z99 S!aff Report Page 3 Category I and II levels of services and facilities are currently at the site or will be extended to the site through the Rancho village Assessment District, of which this project will participate. Vesting Tentative Tract 23267 has an everall density of 3.01 dwelling units per acre and so falls within Category II densities. Vesting Tentative Tract 23229 has a proposed density of 16.02 dwelling units per acre and so is within Category I densities. The proposed tracts are considered compatible with existing area development and with projects approved in the area. The pro osals are therefore found to be consistent with the Comprehensive General"~lan. T~e proposed zone change application proposes zoning which is consistent with the land uses proposed under the two Vesting Tentative Tracts. The zone change request is therefore considered consistent with the Comprehensive General Plan. Design Considerations lhe proposed tentative tracts have been designed in accordance with their respective residential development standards, and all other pertinent standards of Ordinances 348 and 460. The applicant is requesting the waiver of lot length to width ratio requirements on a number of lot~ within Vesting Tentative Tract No. 23267. This request is necessary due to design and or physical constraints associated with the site. Staff feels this requested waiver is acceptable. Due to the tract's vesting status, additional materials were submitted for review in accordance with Ordinance 460. All submitted materials were found to be adequate. These plans will be implemented through the conditions of approval. Architectural elevations and materials were submitted in conjunction with Vesting Tract 23299. These items were reviewed and approved and will be implemented through the conditions of approval. As ts the appltcant*s option, a design manual addressing architecture. landscaping, irrigation, and fencing was submitted with Vesting Tract 23267. These development guidelines will be Implemented through an Ordinance No. 348, Section 18.30 plan plan which will need to be submitted and approved by the Planning Oepart~ent prior to the issuance of any building permits. (~ARGE OF ZORE RO, 5150 V!~TIRG TERTATIVE !1ACT WO. 23267 YE,%'TIRG I~RTATIYE TRACT RO, 23299 Staff IL~port l Pge4 Envln~m~ntal Review In accordance with the procedures of the California Environmental Quality Act (CEQA), Environmental Impact Report No, 281 was prepared tn connection with the proposed project. All significant effects of the project on the environment and measures necessary to avoid or substantially lessen such effects have been evaluated In accordance with the Riverside County Rules to Implement CEQA. The following Findtngs and Statements of Overriding Consideration are based upon that Environmental Impact Report. I. Avoided Impacts and Zmpacts mitigated to 'an Insignificant level Seismic ~!fety a. Potential %mpact: The site could be subjected to seismic event hazards Such as groundshaking, ground rupture, and liquefaction, The Waldomar fault is located on-site along the western most edge. This fault could have a highest magnitude of 7.0 on the Richter scale during a seismic event. A moderate to high liquefaction potential exists near Temocula Creek. ,. Required Nitigation: A fifty (50) foot setback area will be placed on either side of the Waldomar Fault. with no structure for human occupancy allowed within the setback. Design of the structures on the d n Ordinance and shall be designed to withstand earthshaking frem the maximum credible earthquake that can be expected, Liquefaction hazard can be mitigated by over-excavation and replacement of recompacted fill, c. Finding: All potential seismic impacts can be mitigated to a level of insignificance. Slopes and Erosions a. Potential Impact: Erosion hazard and slope instability will increase during grading, 5tltatton of the reservoir and drainages my occur. Hitigatton: All grading activities will be in conformance with all County grading standards. All county erosion control practices shall be adhered to including slope planting and sandbagging. A desiltation basin will be provided in the open space area to reduce stltation of the creek during times of peak run-off. c. Findin: Potential impacts can be mitigated to a tnsignV tcance. f level of CHARGE OF 2~0RE R0. 5150' VE~TZRG TERTATIVIr TRACT MOo 23267 YESTIRG TEXTATIVE TRACT RO. Z3299 Staff Report Page S Flooding Potential Impacts: Increased runoff potentJa] through construction of impervious surfaces, potential impacts to downstream · properties through the concentration and diversion of storm flows. Potential tmpacts to areas of development wtthtn the 100 year floodplain. Mitigation: Temecula Creek will be improved through the Rancho Villages Assessment Dlstrtct o~ which this project ts a part. Improvements to Temecula Creek tnclude'a 400 foot wide, soft bottomed channel wtth concrete sides. All areas within the 100 year floodplain will be removed from said floodplaln through improvement of Temecu]a Creek. A drainage channel and box culvert will convey storm flows under State Htghway 79. In addition, all requirements found tn the Count~ Flood Control District shall be adhered to. c. Findlng: All potential flooding tmpacts can be mitigated to a level of Insignificance, Nots~ ,/ aim Potential Impacts: Notse from Htthway 79 wtll tmpact the site, with noise rojected to be 74.8 dB A} at a distance of 100 feet from the centerl~ne of Highway 79. The entire area of residential development north of Temecula could experience noise levels tn excess of 65 dB(A). Hittgation: Landscaping and block walls w111 be used tn areas adjacent to roadwa s. A six foot high or higher decorathe block wall and earthen gem will be required along Highway 79, adjacent to the project site. Interior noise hvels can be reduced to under 45 dB(A) through use of double glazed windows, mechanical ventilation and mandato_ry atr conditioning units. In addltton Title 24 standards will be complied rlth, c. Ftndin: The potential notse tmpact can be mitigated to a level of tnstgnlf cance, Water Quality a. Potential Impacts: A potential siltation of natural drainages and Temecula Creek may occur during ratny periods. Pollutants from street runoff could enter waterways. Introduction of impervious surfaces could slow any recharge of groundwater in the area. CI/RJIGE OF-ZIIE RO, 5150 ~*STING TERTATIVE TRACT ~0. 23267 tESTlimB TERTATIVE TRACT RO, 23299 Staff Report Page 6 b. Mitigation: Compliance with County Grading standards, including the use of sand bagging and deslltatlon basins during rainy weather will be utilized. The project is retaining many draina · areas and slopes tO act as natural filtering systems for street runo~f. c. Finding: Potential impacts can be mitigated to a level of insignificance. Vegetatfon/1~ildlife Potential Impacts: Sensitive species occurring on site include Blackshoulder kite, Coopers Hawk, Northern Harrier, and Nevin's Barberry. In i addit on, the San Diego Horned Lizard has a high probability of occurring on site. Potential impacts to these sensitive species may occur with development of this project. lhe ripartan area within Temecula Creek will be disturbed upon improvement of the Temecula Creek Channel, with the loss of four (4) acres of unconsolidated ripartan scrub. Mitigation: The ripartan area will be disturbed through the improvement of the Temecula Creek Channer by the Rancho Villages Assessment District· Approximately 24.5 acres of rtparian habitat will be removed along the length of the Creek· The biological enhancement program associated with the creek improvement will t establish 70 acres of revttalized habitat, which will off-se any initial loss of riparian habitat· The subject property is part of the Rancho Villages Assessment District and will participate in the program. lhe rtpartan area near the existing reservoir will be retained in an open space lot. The project has designated approximately SB acres of open space, which will he]p mitigate impacts to the existing sensitive bird species and which will preserve most of the inland sage scrub plant community found on site. Of the two existing specimens of Nevtn's Barberry found on site, one will be preserved within the open A horticulturist will also take cuttings of space area. professlonal the Nevtn's Barberry found adjacent to the existing residence and replant these tn the Open Space area near the other Nevtn's Barberry. ~rgtn areas of designated open space will be planted with native and drought tolerant vegetation, including large trees to provide perching opportunities for raptors· After channelizatton of the Temecula Creek, this area will be retained as Open Space, with suttable habitat for the San Diego Horned lizard thereby existing. alNIGE OF ZORE RO, 5150 VESTIRG .TE](TATIVE TRACT RO, 23267 YESTIllS TENTATIVE 1RACT NO, 23299 Staff Report Page 7 c, Findings: Potential impacts to sensitive biological species can be mitigated to a level of insignificance, Enerqy Resources Potentia] Impacts: Short term energy use wi']] occur during construction with the use of fuels by construction equipment. Long-tem energy use wt]] occur through home heating and ]ighttng and automobile fuel use, Energy consumption after buildout wl]] be the loTTowing: .. 1. Gasoltne- 522 vehicle gallons per day. 2. Natural Gas - 30,392 cubic feet per day. 3. Electricity - 13,811 kilowatt - hours per day, Nttigatton: A Class I bicycle trail will be provided adjacent to the proposed channel. Title 24 energy conservation practices will be Incorporated into the design and development of the houses. Findings: Potential energy impacts will be 'mitigated to a level Of insignificance. ,' Scenic Highways Potential Impacts: Highway 79 is an eligible scenic highway. Developmentof the proposed project could impact the scenic quality of the area. b. Nittgatton: Landscaped entry nodes will be provided throughout the ~ ro ect and a landscaped buffer strip will be built adjacent to ~igtway 79. Landscape plans will be reviewed by the Planning Department to ensure adequacy. c. Findings: lie potential impacts to the eligible scenic highway are mitigated to a level of insignificance. Archaeological Resources Potential impacts: A site of prehistoric Indian Habitation is found on the north stde of Temecula Creek on the first stream terrace. The extsttng historic two story adobe "wtnter rosldence" of Walter Vat1 Is also located on site, DIsturbance of these sttes could impact these resources, b. Prior to any disturbance on site, a qualified Archaeologist shall review the registered Indian site and collect any date as necessary. CHARGE OF 2)DRE NO. 5150 YE_~TIIIG TTXTATIVE ]IML'T frO. 23267 YESTZNG TEffTATIVE TRACT I0o 23299 Data collection methods shall tnclude test bortngs and excavations as found necessary by the archaeologist and as approved by the Planning Department. Re existing adobe house on stte will be preserved on so no impacts will occur. c. Findings: A1T archaeological impacts can be avotded or mitigated to an Insignificant level. PaleontoTony Potential Impact: Project site ts located near Pauba formation land which is kno~ to produce significant paleontological resources. Potential impacts may occur during grading and trenching. b. Mitigation/4easures: A qualified paleontologist shall be consulted prior to any grading and shall monitor the grading activity. Significant finds shall be identified, itemized and conclusions presented by the qualified paleontologist. c. Findings: Any Paleontologtcal impacts can be avoided or mitigated to a level of insignificance. ,' Circulation a. Potential Impacts: the proposed project combined will generate 7,392 trip ends per day. b. Htttgatfon: All internal street systems will be put in place by the developer of this project. Major circulation roads in the area will be improved by the Rancho Vtliages Assessment District, by which this project will participate. Roads to be improved include Highway 7g to a 142 foot R.O.W. stx lane road, Margartta Road south of Highway 79 to a 134/100 foot R.O.W. arterial, and Pale Road south of Highway 79 to a 110 foot R.O.W. arterial. A bike land is also being provided adjacent to Temecula Creek. c. Traffic impacts can be mitigated to a level of insignificance. Water and Sever a. Potential Impacts: l~e proposed project wtll have an estimated daily water consumption of 547,800 gallons per day, with the creation of 273.900 gallons of wasteater, b. Hfttgation: Roncho California Water District and Eastern ~untctpal Water District have expressed a positive ability to serve the proposed CILMJIGE OF ZONE NO, 5150 IESTIIIG TEMTATIVE TRACT NO. 23267 IfESTZIIG TE]ITAT[VE TRACT NO. 23299 project. Pipeltne facilities will be installed through the Rancho Villages Assessrent District, by which this project will participate. Water conserving methods will be included in the development of the roJect in accordance with Title 24. In addition, drought tolerant Vandscaping and automatic irrigation systems will be provided in the project, c. Finding: Impacts to water and sewer service~ are not considered significant. Fire a. Potential Impact: Development of this project will incrementally increase demand for fire services. Mitigation: The project shall comply with all applicable fire prevent)on and emergency response provisions contained in Riverside County Ordinances. In addition, the developer will pay $400.00 per unit to go toward fire protection impacts. c. Findtng: Impacts to fire services can be mitigated to a level of insignificance. Shertff Service Potential Impacts: Oevelopment of this project will add an estimated 1743 people to the area, which will have an Incremental impact on the need for police services. Mitigation: Crime prevention methods will be designed into the development of this project. Hartpower increases are at the discretion of the Board of Supervisors, however, this project pay county wide mitigation fee of which a portion can go toward adding additional police protection. c. Finding: Potential impacts to police services can be mitigated to · level of Insignificance. School s a. Potential Impacts: Oevelopment of this project will generate an estimated total of 450 new students. b. Mitigation: The project developer will be required to pay school mitigation fees ¶n accordance with State Law. (~qNGE OF/])RE NO. 5150 VESTIRG TEXTATIVE TllAL'T llO. 23267 VF. STING TENTATIVE TRACT gO. Z3Z99 Staff Report Page I0 . c. Findtrig: Xmpacts to schools can be mitigated to a level of Insignificance. Parks and Recreation a. Potential Impacts: The state Qutmby Act requtres 3 acres of park site ~ one thousand people, Development of this project would require acres of park stte. Mitigation: The proposed project ~tll provide'two parks totalling 10.Z acres of land. An approximately 1.0 acre park site is located in the northern portion of the project site and a 9.2 acre park site is located in the southern ttp. In addition, a 35,9 acre ragtonal park ts being proposed by the Rancho Villages Assessment District for the Temecula Creek area, This ragtonal park wtll tnclude equestrian trails and bike paths. Another 11,8 acres of Open Space area which Includes the 'old adobe structure" ts proposed,. Finding: Provision of the two park sites totalling 10.2 acres and with the proposed regional parks, impacts to park and recreation services are mitigated to a level of insignificance. .' Utilities Potential Impacts: Incremental increase in demand for utility services. Temporary creation of dust and noise from construction of utility lines. H!tfgation: The developer wi)l be required to extend all utilities as necessary. Dust shall be controlled during construction activity through the use of watering trucks. Vegetation losses will be replaced with appropriate planrings in areas damaged by trenching. Sandbagging shall be used to prevent runoff. c. Findin s: Impacts to utilities can be mitigated to a level of lnslgnTftcance, Solid Waste Potential impacts: This project wtll create 19,626 pounds of solid waste per day, Adequate capacity is currently available to handle this need, b, Mitigation: No mitigation required, (3lARGE OF ZI3RE R0. 5150 VESTING TENTATIVE TRACT RO, 23267 YESTIm TERTAT/VE TRACT I0. 23299 Staff Report Page 11 c. Finding: There will be no significant impact to solid waste facilities. LIbraries a, Potential impacts: Oevelopnent of this project wt]1 have an Incremental impact on library services. b, Mitigation: The developer will be required to pay $100.00 per untt mitigation fee, " c, Finding: Library tmpacts can be mitigated to a leve~ of Insignificance, Health Services a, Potential impacts: Oevelopment of this project will have an incremental increase in demand for health service, Current and planned facilities tn the area appear capable of meettng &ny additional demand, .. b, Hlttgatton: No mitigation required c, Finding: There ts no significant tmpact to health services, Airports a, Potential Impacts: Htntmal tmpact to area airports ts anticipated, b, Htttgatton: No mitigation required, c, Ftndtng: There ts no significant ~mpact to area airports, Dtsaster Preparedness a, Potential Impacts: Mtntmal impacts to Preparedness ts anticipated, the Count~'s Dtsaster b, Mitigation: No m~tigatton required, c. FInding: There are no significant impacts Preparedness, toward Disaster 131AJIGEOF~IIERO. 5150 ¥ESTilIGTE31TAT|VE11UkCTRO. 23267 ¥F. STXI~TEXlTATiVEI~.~TRO. 23299 Staff Report Page 12 Ftscal Zmpacts Potential Impacts: The fisca] study found within the EIR states that the enttre project will have a net positive impact to the County of approximately $56,008 annually. b. HIttgation: No mitigation proposed. c. Finding: No significant ftscal negative ftscal impact will occur. ~R(13ECT ALt tk/IAT/VES The California Environmental Quality Act (CEQA) and the CEQA Guidelines require the consideration of alternatives to the proposed project. Three alternatives were considered within thts EIR. These are the 'No Pro~ect Alternative', the 'Oecreased Scope Alternative'. and the 'Increased Scope Alternative.' No Project Alternative Analysis: The No ProJect Alternative would allow the land to remain in non-intensive uses such as the existin horse and,* cattle ranch and the existing limited residential uses of t~e property owner and workers. Given this.scenario. none of the impacts of the proposed project would occur. The No Project Alternative is considered the environmentally superior a3ternative due to the least environmental impacts. Impacts associated with seismic safety. grading, noise, air quality, water quality, loss of Agricultural land. vegetation and wildlife, energy resources, public services and utilities. and traffic would not occur or would be substantially less. Reasons for ReJection of No ProJect Alternative: This alternative would negate the benefits associated with development of the 600 detached 230 condom ntum untts. These units are proposed to dwelling units and reflect anticipated market needs and public demand by providing detached dNe111ng units that wtll be marketable withtn the region. Long-term use of the site is not considered economically feasible end ts not mandated by the General Plan. in 11ght of the approved urban land uses tn the nea~ vtctnity continued intensive agricultural uses could lead to tncompat;b!lity of land uses. Qi/UI3E OF ZDNE RO. 5150 VESTING 11]ITATIYE llAL'T 10. 23267 ¥ESTZRG TERTATZVE TRACT R0. 23299 surf Re or Page 13 , Decreased Scope Alternative Analysts: Thts alternative will assume the ropetry ts developed'out accordance krlth the existing R-R zone (Rurar Residential). With the property developed at one dwelling unit per ~ acre, this alternative addresses development of SSO dweIHng units. Development of this stte under the Decreased Scope Alternative NOuld have I ac~s on set sm~c safety, AIr Quallty, Water Quallty, Energy Resources Public Servtces and Utilities, and Traffic that would be less than proposed project. Potential impacts upon Slopes and Erosion, Flooding, Nots,, Agricultural Resources, Vegetation and Wildlife, Archaeological Resources, and Paleontologtcal Resources would be about the same. Zncreased ~mpact to Water Quality might be expected due to use of septic systems. Reasons for Rejection of the Decreased Scope Alternative: Although the Decreased Scope Alternative contains Incrementally reduced impacts tn certain above mentioned areas, ttts not considered to be significantly 'environmentally supeHor' to the current development proposal. The ellm~natlon Of the smaller lot product tnhtblts the provision of homes w~thln a more affordable range. The costs of roadway Improvements as weT1 as costs associated w~th water, sewer and flood control facilities are not proportionately decreased under this alternative, making the' project economically difficult. For these reasons, the Reduced Scope Alternative was rejected. Zncreased Scope Alternative Analys'is: The Increased Scope AlternaUve would assume building out the project stte wtth multi-family dwelHng units at a density of 12-14 dwelHng untts per acre. Mtth this sort of denstry, more than 3,000 dwelHng units could be built. The 1noreased Scope Alternative muld have greater Impacts upon Seismic Safety, Slopes and Erosion, Floodtn , Noise, AIr qualltyo Mater Quality, Energy Resources, Land Use, Public Servtces and Utilities, and Traffic. Tmpacts on Agrfcultural Resources, Vegetation and Htldltfe, Archaeological Resources, and Paleontologtcal Resources would be about the same. rapacts setsmtc sa ety, and publ¶c services and facilities. Land use confltc[- between suc an tntense project and surrounding approve4 land uses could b~ significant. Because all Impacts under this alternative are either equal to, or greater than, the proposed project, this alternatty, Is CHARGE OF ZORE llO, 5150 YESTING TENTATIVE 1RACr NO. 23267 Yr~TI!IG TEITATzVE 11uiL-'r I10. 23299 St. aft Re~ Page %4 environmentally tnferior than the proposed project. For these reasons, this alternative was rejected. III. Rejected Conditions of Approval The conditions of approval or the proJect's design include'all recommended mitigation measures set forth tn Environmental Impact Report No. 281, except that measure which requires a regional application and is beyond the scope of the individual developer. This measure is the requirement of park and ride facilities in the area to mitigate energy impacts. IV. Significant Unavoidable Adverse Impacts and Project Benefits ProJect Benefits: Development of the project as proposed will provide the following benefits to the region: 1) Improved Traffic Circulation: Traffic circulation will be improved in the project area by the project's inclusion within the Rancho Villages Assessment District. Improvements include widening of Rancho California Road to a 142 foot R.O.W., making it a six lane expressway, improving Hargarita Road to a 134 foot arterial, and improvement of Pale Road to fOOt R.O.W. 2) Improved Flood Control: Participation of this project site in the Rancho Villages Assessment District will go towards improvement of Temecula Creek tnto a 400 foot wide, soft bottomed, concrete sided channel. 3) Provision of Active Recreat¶onal Open Space: The roJect is proposing two neighborhood park sites totalling 10.Z acres along wtth providing an 11.8 acre Open Space/Regional Park. Participation of this project in the Rancho Vtllages Assesmet Distdct also w111 see the Temecula Creek Channel area developed into a 35.9 acre open space area and regional park, with equestrian trails and bicycle paths included. ~hlle the neighborhood park sites are being developed primarily for the residents of the project, the amount of park acreage far exceeds that amount which would be required under the qutmby Act, end, along with the ragtonal parks, can be utt1$zed by residents already In the comnun¶ty, Significant Unavoidable Adverse Impacts: Environmental Impact Report No. 281 identified the following significant unavoidable adverse impacts. DIAJ~E OF Z!3ME RO, 5150 YESTIll; IERIATIVE TRACT RO, 23267 VE~mAIG TEITATIVE TRACi' NO, 23299 Staff Report Page 15 Air Qualtty: Potential [mpacts: Vehicle exhaust mission and dust during construction will contribute to air qualtty reductions in the area on a short-term baste, The long-term impacts will be increased motor vehicle missions by more people being dram tnto the area and from Increased power plant emissions due to the demand for electricity and natura~ gas. Required Htttqatton: Water trucks will beused to reduce dust. On-site parks will create on-site trip de~ttnaUons, . A Class I bike trail ts included In the Regional Park. Tttle Z4 'standards wtll be adhered to durtng construction. Transit facilities such as benches, shelters, and turnouts wtll be designed tnto development of the parks to facilitate any future mass transit systen. Unavoidable Adverse Impact: A temporary degradation of air quality will result in the project vicinity during construction activity with an overall significant incremental regional degradation due to project implementation. Overrtdinq Ftndtnq: The public benefits of the proposed project in terms of public improvements to road and flood facilities and by the development of neighborhood and regtonal parks out~etgh the project's adverse tmpact upon air quaTtty. Agriculture Potential Impacts: Development of the proposed project will result in loss of current agricultural uses and the loss of 27 acres of prime agricultural land (Class % and I! soils). b, Ntttqatton: No mitigation measure available to mitigate these impacts. c. Unavoidable Adverse Zmpact: Loss of 27 acres of prime farm land considered cumulatively significant. Overriding Ftndlnq: Agricultural production in this area ts becoming, or has become, economicall infeasible. Continued use of the land for agricultural practices could lead to land use tncompatibilities in light of approved and existing projects in the area. The project benefits substantially outweigh the unavoidable adverse impact caused by the loss of these prime soils. CIINIGE OF ZOIIE R0. 5150 VF.~TIIIG TENTATIVE IRACT R0. 23267 VESTING TENTATIVE ~ R0. 23299 Staff Report Page 16 ~INDINGS: Change of Zone rio. 5150 seeks to change the zoning on 221.2 acres from R-R to R-3, R-4 and R-5. 2. Vesting Tentative Tract No, 23299 seeks to create 232 condomtntum units on 14.3 acres of the site. ;. 3. Vesttng Tentative Tract No. 23267 seeks to create 601 single famtly lots and 4 open space lots on the remainder.of the site. 4. The site is located south of HIghway 79 and liest of Rargarita Road. 5. The project site is currently used for horse and cattJe grazing. A couple of residences and assorted related structures are found on site. Surrounding Land Uses tnclude s¶ngle family residences, a horse ranch, a turf farm and vacant land. 7. Surrounding zoning includes R-R, A-1-10, R-A-2~ and' R-A-5. ,. 8. The project site lies adjacent to two approved specific plans (S.P. 217 Redhawk and 5.P. 223 - Vat1 Ranch). These speclftc plans are located to the east and south of the project site, 9. The turf ram located to the southwest currently has a specific plan being processed on tt (S.P. 228 - I~rphy Ranch). 10, The agricultural preserve contract on the adjoining turf fam (Temecula No. 2}, will expire on January 1, lgBg. 11. The project site is located vlthin the Southwest Territory Land Use Planning Area. ~ Environmental Zmpact Report No. 281 yes prepared for the proposed project. Findings, MItt atton Measures and Statenents of Overriding ConstderaUon are found in ghls staff report on pages 4 through 15 and are incorporated here by reference. CONCLUSIONS: 1. The proposed zone change and vesting tentative tracts are consistent with the pollctes of the Comprehensive General Plan. 2. The proposals are compatible ~lth area development and zontng. DIAJIGE OF ZINIE RO. 5150 VESTIJIG TE31TATIYE 1RAL'T NO. 23267 VE_%ql~I~ I~ITAT/¥E 111AET ROo 23299 3. The project conforms to all appllcable county ordinances. 4. Overriding findings necessary to approve this project are found within the scarf report. RECIIOqENDATIORS: CERTIFICATION of Environmental Impact Report No. 281 based ~n the finding that the Environmental Impact Report is an accurate, objective and complete document 1 n d APPROVAL of CHARGE OF ZONE R0. 5150 from R-R to R-3, R-4 and R-5 tn accordance w~'flrh"~'Tibtt 2; and APPIIOVAL of ¥F. Sll!IG TE31TATIVE 111ACT RO. 23267, MIERDE/) NO. 2, subject to the ~ns of approval; and, APfitOVAL of VEST/RG TENTATIVE 11~ACTRO. 23Z99, subject to the conditions of approv'~Tand in accordance with Exhibit A, Amended No. 21 and based upon the findings and conclusions Incorporated in this staff report. GN:sc 10112/88 · I CZ~5'f5OIVTR 23299/VTR 2326~ LAND USE ,',, /i VAC. ./' HORSE RANCH' ,,MAP '\ VAC. ~,. .. \ tOM & LINOA i. TURF FARM MAP IF't41 v VAC. App. MR. BRIAN HAYWOOO ~ · Ute R-R TO R-4, R-2, AND R-5 Area TEMECULA RANCHO Sup. Dist. 1 Sec. T. 8S.,R.2W A~etsor's Bk. g26 Pg. 16 ula on ~ EXPWY VARIABLE · ~1~ , : '~ ~ Rd. Bk:~.56A0afe 3/17/88 ~own By SS I"- ~200' ~E~iD~ COU~ ~NING DEP~RTMENT ,o scaLE ~ CZ 515U~ v ~, ~ R-A-2 112 R-A-5 RmR - A-1-1 0 .. A-1-10 I)i \ App, MR, BRIAN HAYWOOD Use R-R TO R-4, R-J, AND R-5 Area TEMECULA RANCHO Sup.~st. 1 P A Rd. Bk.~.56A ~te 3117188 ~own By SS ~ I% ~2oo' ~/DE CO~ ~AN~/N6 o~ 0 ~ ITEM NO. 8 Riverside County Planning Department County Administrative Center Riverside, California RI~'P..~SIDE: COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Attention: Regional Tea No. Area: ~A/F_/~D have revtewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project ts considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should compl~ with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order' to maintain the natural drainage patterms of the area and to prevent flood.damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of ]8 inches above adjacent ground surface. Erosion projection shall be provided for mobfie home supports.' This project is in the dra4nage plan fees shall be paid regul.ations. Area in accordance with the applicable riles an,! The proposed zoning ts coaslstent with existing flood hazards. Some fl~,. control facilities or floodproofing may be required to fully develop to th~ tmplted density. The Otstrtct's report dated ts still current for this project The District does not object to the proposed minor change. attached comments appl~. Ver~ trul~ yours, KENNETH L. ED~/ARDS gtneer April 5, 1988 Boa~ of Dill-tin3: Rid;ed D. Sbffey James A. Dtrby St. Vice PmsidenL Rilpb Dally l)eug Kulbeq Jou A. Lmud|u Jeffrey L. Mblder T, C, Rowe Officers: Siam T. Mills GeneraJ Manager Phillip k Forbes DirKmr d Finance - '/~asu~r Narman L Thomas Di~cuw of Eng~r, eeria~ Timtuna R. Nlesodiester Dbt, ewr d Operadens B~rbara J. Reed Did. clot of Admi.lel~,b-. · DLm. k'~ S~!m-y Ruean and Tucker Riverside County Planning Department 4080 Eamon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Change of Zone 5150 Vesting Tract 23267 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. water availability would.be contingent upon the property owner signing an ~gency Agreement which assigns water management rights, if any, to RC~ Sites for additional water production facilities may be required within the proposed development depending upon the level of 1noreased demand created by the proposal. If RCWD can be of further service to you, please contact this office. Very truly yours, RAWCHO CALIFORNIA WATER DISTRICT Senga P. Doherty Engineering Services Representative FOll/dpmll3 L RANCHO CALIFORNIA W-ATER DISTB; 28061 DIAZ ROAD - POST OFFICE BOX 174 · TEMECULA. CA 92-q90-0174 · {714| 678-4101 - FAX {714} ,, R|VERSiD[ COUNTY PLANNING OEPARTHENT SLIDIVZSION CONDITIONS OF APPROVAL VESTING TENTAT/V[ TRACT NO. 23267 DATE: JU4L'XG~ NO. Z EXPIRES: $TANOARD CONDIT]ONS The subdivider shall defend, tndemntf , end hold hemless the County of RIversides tel agents, officers, and employees frm lAY Cllt;, Iceton, or proceeding against the County of Riverside or Its agents, officers, or employees to attack, set aside, void, or annul an approval o the County of Riverside, 1as advisory agencies, appeal beards or 1egt21attvl bedy concerning Vesting Tentative Tract No. 23267, whtch actton Is b ought about w~thin the ttme period provtdad for tn Collfornta Government Code Section 66499.37. The County of RIverside will pr0mptly notify the subdivider of any such claim. action, or proceeding against t e County of RIverside and will coo rate full tn the defense. If the County falls to_ promptly neatly the su~htder o~Yany such clltm, actton, or proceeding or fatls to coop. rate fully In tM defense, the subetvtder shall not, thereafter, be responsible to defends Indemnify, or hold himless the E County of Rherstde. 4. The final map shell be prepared by · licensed land surveyor subject to all the requirecanto of the State of California Subcltvtslon Kip Act and tn Ord inca460. S. The subdhfder shell subeft me copy of e sells .port to the Riverside County $urve~or'l Office end t~ copies to the Departmet of Butldtng and Safety. 1hi re rt shell address the so 11 slobtilt4. end geological t t condie one of T~:slto. 6. If any gredtn! ts proposed, the subdhtder shall satate one prtnt of comprehensive gradtrig plea to the Department Of Building led Safety. The plan shell comply~tth the Untfom heldtrig Code, Chapter 70, el amended by Ordinance 457 end is Baybe additionally protided for tn these conditions of approval. provided by Ordinance 460. 2. The tenterlye subdivision shill compT vtth the State of California Sutxltvtston Pap Act and to ll1 the re ~rements of Ordinance 460, Schedule A. anTass modified by the conditions ~tsted baler. 3. Thts condltlonally e proved tentative nap will expire eke years after the County of RIverside ~lrd of Supervisors approve1 date, unless extended as VESTING 191TAT~T IIMT I10. 23267 Aml. I! Condltiem ef Jq;nwel Page ! ~ 7. A gradtog permit shall be obtained frm the Department of Building and Safety prtor to cameotenant of any gredlng outside of county maintained road right of as Jr. 8. Any dellnquefit property taxes shall be patd prior to rocordation of the final nap. ~e subdivider shall comply vith the street improvement recon~nendattons outltned tn the Riverside CountJr Road Department's letter dated 10-07-88, e copJr of vhtch ts attached. Legal access as requtred by Ordinance 460 shall be provtded from the tract map boundary to I CountJr maintained road. M1 road easements shall be offered for dedication to the public and shall . coottone in force until the overofng body accepts or abandons such offers. AI1 dedications shall be frel from a11 encumbrances as approved b the Road Camtssfoner. Street names shell be subject to approvll of ~tCe Roadcomtsstoner. Easments, ~hen required for roadway slopes, drainage facilities, utilities, etc., shall be sho~ on the final map tf they are located within the land division boundary. AI1 offers of dedication and conveyances shall be submitted and recorded as d~rected by the County SurveyOr. liter and sewrage disposal facilities shall be instolled in accordance vlth the provisions set forth tn the Riverside County Health IMpartmnt's lettordatml g-12-88, I copy of~hich ts attached. The subdtfider shell comply vfth the flood control recamendattons eatlined by the ittversfde Count flood Control Nstrlct's letfor dated 10-)8-88 I copy of tthi'ch fs ottochad. If the land division lies vlthfn ae edophd flood control drainage erel pursuant to Section 10.25 of Ordinance s~011 appro rtato fee for the construction of ares dratnage fmctltUes t8 coTlec by u~ Road Commissioner. (Amended st P.C. on 10'19-~ The subdivider shell c ly with the fire Improvement recomaendattons outllned fsthe Count~F°Fe~ro d Ikrshsl'e letter sled g-g-88, s copy of vhtch is eftached. Subdtvtslom phasing. Including any proposed comon open space ares Improvement phutng. tf applicable, shall be subject to Planntng Departmental;rural. My Iropased phasing shall profide for adequate vehicular access to all loto In each phase. and she. substantially confore to the triter and purpose of the subdivision approve1. ~-7. Lob cream bJr this subdivision shell comply vith the follovrlng: CadStrees of Apprwal Page 3 ' L l& a. All lots shall have a atntmum stze of 4500 square feet net. b. Grade~ but gndlvelo ed lind shill be mtntatned tn I vend-free caMfelon end shal~ be either planted vtth tntertm landsca ~ng or revlded vith other eroston control measures Is Ipproved C; the glrector Of Building and Safety, ' Prior to RECOROATION. of the fine1 map the fellertrig conditions shall be satisfied: Prior to the recorderIon of the final mp the applicant shall submtt witten clearances to the lherstde ~ounty Road and Survey DepartshenS that all pertinent requirements outltned tn the attached approve1 letters frm the fellertrig agencteI hive been met: County Flood Control County n County Parks DepertNnt b. Prtor to the recordallen of the ftnel mp, (:hinge of Zone No. 5150 shall he epproved by the Board of Supervisors led shill be effective. Lots created by this lind division shall be tn conromance ~th the develoFment standards of the zone ultlmetaly applted to the property. Prior to racerditto, of the ftnal mp, the project site shall be annexed Into C.S.A. 143. Prior to recondition of the fins1 mp, the subdhtder shill convey to the Court fee stmpla tttTe, to all cannon or camon open space areas, free ahOY clear of all 1tens, texas, assessment, leaSeS recorded and race ed) I d easements, except those easements which T, the sole ~scre~oe ~ the County ire acceptable. As a condition precedent-t4- the Coun~lcceptfng Stele to such areas, the subdhtder shell subeta- the fo11~t documents to the Planning De ertmnt for revtev, whtch-~ documents Ih~l be lub3ect to the lpprevll o; that departeerie and the Office of ale County Counsel: 1) A dechratlon of covenants, conditions Ind restrictions; and 2) A s.mp. 1 documnt cony, tng tltle to the purchaser of in Jndlvldu:T lot or unit whf:~ provides that the declaration of covenants, conditions aM restrictions t8 tncorperatsd theretn by reference. The declaration of covenants, conditions and restrictions suMtreed for revtme shell a) profide for a tsm of 60 ars, (b O,o~tde for It3TZal TE]iTR!I~ TUG 10. Z32S7 And. f! Cuedtitans ef Peprwal Page 4 ods~,; or each Individual let or ball end (C) conbin Lhw fullwing - ilrsvhfonl verk*t4m. any proviSIon in this Declaration to the fellertrig provision shall apply: The ochers' association estsbllshed heretn if domnt, ~ttvated, by fncorl~ratlon or other~dsa st the reqaast County of RIverside, Ind the pro o~ners* issoctatton uncondttfonalTy accept frm RIverside, ups County's demand, tttlo to all the 'cmnon particularly described attached hereto decision to reWIre propert mmers' and thl decision Issoct~{io~ uncondl Iccept tttll sial1 be at the sole :relish of the of of of the that the *COmmon ires~ RIverside, the event that the lrno, or thereof, wrttten consent of the fie Ifverstcfe or the Count),*s omers* association shall have each tndtvtdull Tot or us1 of any such maintenance assessment. be prior to all other 1I; assessmat or other dec creating coeve~Ki to the ash the association. h thereafter shall sen su 'conmen s all manage and co~tlnoousTy maintstn such Shill not sell or trialfir such cannon area, IbSlnt the prier of the County of tn · -1nitrest. The propert to ISSlII the 0~11rI o~ fensenable cost of hive the right to 11an ills In the infant of s lien, once crested, shall to the notice of assessment lion. Thtl Decllretlon be m- refrmalbsent of lag of the 1 Coimt.~'$ St · nilrest. A IN cOeSt~llred ~ttale tf tt affects mintshanoi of *careen arel:. y* amended 1or nitten consent RIverside or the Shill be extlnt, usage or the event any conflict betwen this Dec' tfon and the Arttcles the enl, or the srt~ o~ers' Keg; In~, thfs ton shall control Onca approveNit the declaration of covenants, conditions and restrictions shall be recorded at the sama tfma that the ftnal map is reardad. VESTING T~TATiV~TRK'rlO. 232S7 kd. ;! Coeclttlees of Alamo1 Page S The developer shall be responsible for mint,nonce and upkeep of all slopes. landscaped areas and Irrl itSon steams until such ttme as those operations ere the responsSgllttles of other part es as t approved by the Platetag DIrector. Prtor to recorderton of the ftnel mp, an Environmental Constraints Sheet (ECS) shell be prepared !n conjunction With the ftnal map to delineate identified environmetal concerns and shill be per~anentl ftled w4th the office of the County Surveyor. A copy of t I [Ca she1{ h be transmitted to the P1lnntng Oeplrb~ent for raytaw and approval. The spproved ECS shall be forwarded vtth coptes of the recorded ftnal map to the Planning Department and the Departmot of Su~ldtng and Safer. The entice appearing (n Section 6.e. of Ordinance He. 625, the RIverside County Itght-to-Fsm Ordinance, shill be pllced on the Environmental Constraints Sheet, With this tract Identified theretn, In the manner prevfded tn satd hctton g.l., el betrig locited partly - f or ~olly Within, or within 300 feet o , land zoned for prteertly agriculture1 purposes b~ the betJr of Riveraide. h. The following note shall be placed on the Environmental Constraints Sheet: 'hang), Environmotel Impact Report No. 28Z was prepared for thts property sad te on f41e at the RIverside County Planntng Department." The E.C.S. notes found tn the letter from the Coon Deologtst dated October tZ, 1988, e copy of uhlch Is attached, shallt~r4 placed o the n Envtrormental Constraints Sheet. Prtor to the issuance of 6RN)IN6 PERMITS the telInning conditions shell be setter¶adz a. Prior te the tssusaco of grading pomtts detetled can open apace area landscaping nd Irrigation plans she, be auheitted for PlenninR Department epprovd fort he phase of davelemonS tn process. The 1am simll be cert~ffed b~ · landscape architect, led shall provide For thefollmdn9. 1. Peanet eutmatlc Irrigation systems shell be Installed on sll landscapad areas requiring err gotten. Perbays and landscaped buildtog setbacks shall be landscaped to and 1men trots tn conjunction vtth greed cover, shrubS aM spec h eaander4ng sidmlks, bent cs and other ITSTZNG TDfTAT~VE 1tACT nO. 13ZS7 ~ld. f! Coedlttom ef A~wwal Pip 6 ' 3. Landscaping plans shall Incorporate the use of spsctmen accent trees at key vtsull focal pOintS wtthtn the project. 4. t~ere street trees cannot be pllnted vtthtn rt hi-of-ray of interior streets and project parkwa~ due to Insufficient r~ad rtght-of-vly, the~ shill be planted outstdl of the r~ad right-4f-ey. 5. tJndscapfng plans shall IncorpOrate native and drought tolerant pTants~bere appropriate. 6. AII existtrig spactmen trees and significant rock outcroppings on the sha~l note those to be removed, rilecared and/or retained. a d sub ect property shall be shove on the proJect°s gradtrig plans n 7. All trees shall be etaImam double staked. Iliakit end/or sloe graying trees shall be steel staked. b. AnY oak tms removed vtth four 4) inch or larger trunk diameters s sil be replaced on e ten (l&) to one (l) basis as approved by the Plhannlng Olrector. Replacement trees shall be noted o~ spproved landscaping plans. Prior to the tssuance of gradtrig pOmtts, a btolo 1ca1 resource pr?tectlon lie shall be prepared b a quillfled biologist detailing nethods o~ protecting the stgno~ficlnt beelogical resources and 1epicmutation of biological adtl Itto~ measures as found tn County EnvironsInto1 Impact Report Re. Ill. Important resources tncluda the Heytea krberr~ found on stte. This plan shall be sainttied to the Plann|ng Department for revtev and approval. d. Derl.q mile activities, a qualified biologist shall be rotsteed by tbed~ve~opar~ monitor the grads g activities and to see that the n ap ved btol 1ca1 resovm protection plan t8 Implemented. Proof of ~norsldp~all be admitted to the Deparlmnt of Delldiet and Safe prior to the issuance of tmlldlng purEtie. The biologist s a h.v: .., be,, or ...rt gr.din,,f order to laplesser the biological resource protection plan. e. Prior to Sssuance of fading mite, in tn depth surve~ of the extsttn ArchaeologScd sFtes shl~ be undertaken by I qua!tiled ArcbiOlogist. 1~ta suwey shall tnclude eta collection, t~bt Investigation, a report prepared by the Archaeologist shall · sutmlttod to the Placate DepOrtment and the Archaeological Research Unit at tatklversttaref ~allfornIe of RIverside, for revtev and a VeSTZIG 1TITATI~ TIkCT IO. Z!H7 And. Coedltlms of Appeal Page 7 detestnation of camp]attunes. Following approvll of the report. the Plenntng Oeparbnent ~411 1save Clearance for the release of grading pearls. f. If any archaeological resources' ira uncovered dartfig grading 1 act vietea or trenching, a11 activities shall cease s~d an archaeologist shall be consulted. archieologl. st shill be adhered g. The old adobe structure found within Open Space lot 603 shall be preserved. h. All existing native spectnln trees on the subject property shell be pre erved ,herever feasible. ihere they cannot be preserved they shall be relocated or replaced with specimen trees as epproved by the Pllnntng Director. Rapelement trees shall be noted on approved landscaping plans. 1. Grading plans abel1 conform to Board adopted Hillside Development Standards: A11 cut and/or ftll slopes, or Individual cce~tnatlons thereof, which exceed ton feet in vertical height shill be modified by in tppreprtate cabrealign of I apeeta1 terracing (borichint) plan, Increased slope ratio (I.e., 3:! retaining walls, and/or slope pllntlng combined ~th Irrigation. ~{1 drtvM~s shill not lxc ed I I fifteen pertset grade. J. All cut slopes located adjacent to ungrsded natural tarrite and exceeding tea ([0) feet in verttcll betthe shall be contour-graded Incorporating the following grading techniques: 1) The an le of the raded slope shall be greduolly adjusted to the angle :~ the nlture~ terrain. 2) Angullr form shall be discouraged. The graded foe shill reflect the nabare1 raided to.lie. 3) 1he tel and top of dopes shill be rounded with curves uith r de designed e pe on to the total bel ht of the slopes 4) hre cut or f111 ale S exceed 300 feat In horizontal length, the horizontal contours arthe slope shill be curved in · continuous, undulatlng fashion. k. Prtor to the issuance of grading permitS, the developer shall provide evidence to the Director of Building and bronx that Ill adjacent off-site mnuflcturld l]o I hive recorded slope talents led that slope lintentice respmstb~tttes hive bee assigned II ippreved by the DIrector of klldlng Ind SirefT, VF. STINS TGfTATIYE 11tACT I0. 23267 Conditions of Apprmml Pap 8 1. Prtor to the tssuance of grading pemlts, a qualified Paleontologist shall be retained by the developer for consultation end conKent on the proposed grading wtth respect to potential peleontoTogtcal tapsets. SMvld the poleontoTogfst find the potential fs high for tropics to significant resources, e ire-grade meeting between the paleontologist and the excavation end gridin contractor shell he arranged. Vhen necessary, the paleontologist or representative shill have the authority to tempofurl1 divert, redlrect or halt grading acttvtty to allaM reCOvery Of foSSt~S. Prtor to the tssuance of BUILDING PERNITS the follwtng conditions shall be satisfied: a. Re tailIdiot poredis shell be tssued by the County of RIverside for aeF residential lot/unit withtn the project tmvndary unit1 the developor's ouccessor's-tn-tnterest provtdes evtdence of cam 1tines adth ftnenctn measures. A cash sum of onl-~undred inca public factllty c~n: dollars ($100)per lo untt shell be deposited with the Riverside nay Departmat o~/ klldtng f and Safety es mitigatIOn or public iT°ibrary developneat. b. Prior to the submittal of tatlding plans to the Departmat of htldln and Safety an acoustical study shall he performed b~ in acousttce~ engineer to establish appre rtato mitigatIOn assures that shall he ap !fed to Individual dv, lFi units wtthtn the subdivision to reduce aPeCleat Interior noise levelangle 4S I. dn end exterior noise levels to iS Ldn. c. MI street lights and other outdoor 11ghtln shall he shmm o~ electrical plans submitted to the De arrant of tdtldtng and Safety for plan deck approve1 and sha~l cmply vlth the requirements of Riverside County Ordinance No. dis and the RIverside County Comprehensive hMrll Plan, · d. Prior to tenants of tmtldtn! remits, detotled lark site end rtpirtin irma aleveT_nigeria 1ins shall hefsubedttod to the Plansing Departmat for approval. T~else plans shall confoe vlth guidelines found in the apprevnd dnsl anvil (Exhibit !1), The perks shall Include acttug recreational ~aeeturel such as p cnfc tables, barbecue areas, tot lots, etc. Recomendattons found in the litter frm George Balierie of the Cmmty Paris Department, a of vhlch t8 shell be Includnd In the design of the p~r~ attached, and OIm Spice Arias. o. Dave]upset of this project shell conform to the rectumauditions round In County Geolngic Report No. 488. Conditties W P~reval . f. For the security and safety of future residents, the following crtme p. reventton leaserex shall be considered during site and buildtrig lemur aoslgu. I I. Pro~r lighting !n one arias; b. VIsibility of doors lad v4ndovs trial the street Ind between klldtngs; · c. Fe~ctng heights and mtertils; d. Adequate off-street parking; and e. A clearly understood method of street numbering to facilitate emrgency resinrise. Prior to the issuance of bulldtn mils, coq)p_stto landscaping and g' Irrigation p]ans shall be subnile:3 ~r Planntng copartmnt appro el. - The plans shall address all areas and aspects of the tract requ landscaping end Irrigation tO be tnstlllld tnclud¶n , but not re, larkdy p luring, street trees, slope llntTn , and tndlvt~al treat 3are landscaping, and Shall confern tO tr~ ltlr~'*rdS set forth tn the tract's approvod DestUn Yengel ((xhtblt n). h. Reef-taunted mchantcel aqutFmnt shall not be perutiled within the suNfvilton, however solar' equt nt or In other ene.rg~ saving device shill be periltrial Idth PI~MnIng buplr~ilnt ipprovll. t. All. front 3fires shall be protided vlth landscaping and automatic Irrigation. A plat plan shall be submitted to the Planning De rimeat rsuent to Secttel 18.30 of Ordinance No, )48 accompanied by airappliCable filing fees, as e plot plan that Is not subject to the collfornta Envirometal Quality Act te not transetttod to any governrental ageaq other than the Mvorstde County Planning Oelartmnt, The plot de shill ensure the conformrice of the find site dovololxant Vtth [~trlct'I appreved Design lineal ([xhtbit fi), and sial1 conlath the fol outrig elmhis: I. A final stte plan sholdn the lots building footprints, all setbacks, fences and/or v1~1,, and Moor plan and elevation asstFeents to Individual lots. Z. One (I) color lad intertall sample beere (maxIM stze of 8 X 13 tmhes by 3/8 tnch thick) containing rattle color, texture and intertel switches or Fhot rsphs ~vhtcli me3f be free suppliers' brochures). Zndlcatl oo the°~are the ellis address ami phone fiSTIN TDiTAT~VE 13UICT I0. 23267 Amd. f! Condittoe of Approval Page lO nabera of beth the sample board prepafar and the product 3. One ( ) CoO of the arch¶lecture1 elevltlons colored to represent h e]ec~Ycolor combinations, vtth s~nbols kayed to the color ins end materials beard. The erieten color and rotorill discripe(arts shall be touted on the elevation. SIx 6) co Sos of each of glossy photograph¶c color prints (size 8 4. x bo h ,for ,nd .,,,ls bo,rd ,., . ored 1 architectural e ovations for parmnenZ flltng~ hearing body revtev end agenc~ distribution. All ~ttln9 ~st be legible. Satd plot pTae shall require the approve1 of the PTlnnlng Dtrector prtor to the IsSuance of any butld~ng pem~ts for lots tncluded wtthtn the lot plea. The submittal of Iot planc prior to the issuance of butldTngparmtts me~ be phased provided: z. A separate plot plan shell be submitted to the Plennang Department for eac~ phase, which shall be accompanied b~ appropriate f11~ng 2. Each Individual plot plea shell be epprovnd b~ the Planning Director tier to the souante o included v~thte ~ f building permits for lots that plot plan. k. A fencing plan shell be subriffled for PTannlng Department approval. This plan shell be fn substantial cOnformrico vath the Design ~nuel ([xhlblt Iq end tab fete account In7 recoanendstions of the required no~so stud),. Pr?or to the Issuing of OCCUPANCY PENalT$ the following conditions shell be satisfied: All landscaping and trrJgatioe abel1' be instolled fe accordance vtth approvnd plies prior to the issuance of occupanCy paroles. If seasonal c~.litlees do net pratt pleatin , tataria landscaping and erosJoe control measures shall be ettltz:f Is approved b7 the Planning Oftactor and the Director of Building and Safety. Prior to occupancy, yells and fences the11 be festallad in accordance with app~vnd plans. c. Notwithstanding the preceding conditions, wherever an acoustical stud ts required for riotee attenuation purposes, the he1 hie of requtrtd ells shall be datemined b~ the ecoustlca~ study where applicable. VESTING T~TAT!VE Canallain ef AI;rlffel d. Prior to occupancy, the no! hborhood ark stte isaac!sled v4th that phase Of dlvlloFeent shs~l be dlvlF:ped tn iccordancl w spprovecl plans. e. Prior to occupancy, the wll silt open space lots associated vtth that base of davalo nt shill be traproved tn accordance vtth the Oestgn ~lnual (Exhibit H~and approved Landscaping Plans. 6N: sc ~ bc 10/1~/88 taRDy D. Stamen liverside County Iqannlng CA)mission 4090 Lemon Street Riverside, CA 92501 Re: Tract 14up 23267 - Amend Schadute A - Team I Ladies and Gentle. n: With respect to the conditions of approval for the referenced tongsgive land division map, the had Department raceamends that the landdivider provide the following street improvement plans and/or read dedications in accordance with Ordinance 460 and Bierside County Road Improvement Standards (Ordinance 461). _ It Is understood that the ton*olive rap correctly shins acceptable centstithe prattles, ill existing easements, traveled ways, and drainage courses with appropriate Q'I, and that their amissIon or unacclptablltty amy require the rap I for further consideration. Thnse Ordinances and the following to ha resuh- tied conditions ire essential parts end m reelrement occurring in ONE is is binding as though occurring in a11. They ere Intendnd to be complementar~ and to I describe the conditions for · ceq;leto design of the Imllrevement. A11 quest one regarding the tree amenleg of the conditions shall be referred to the ROad CommlssioMr:s Office. 1. The landdivider shell protect downstream properties from damages caused by alteration of the drainage patterns, I.e., concentra- tion of diversion of time. Protection shell be raftdad by cons,rye, in; adequate drainage feeill,ins InoledVn~ enlarging exlltl facilities or b/licerio a drainage easement or by both. nX11 ere{note assails she{1 be shotit no the find amp and noted as follows: 'Drainage Easement - no belldante · e~structlonse or eecroiclanents b land f1115 ire ·1loved% The protection sial1 be as apprevnd ~y tJa Road Department. The landdivider shill acce t and preterIT dispose of all offsite dralMge fiewing onto or ~rocgll the site, Za the event the Road Cama~ssioner peaIts the use of strata for drainage IN eat the rovlslons of ~rtlcle X! of Ordinance No. 4~0 ~]r~lppl7. S~uld the ;anti,Ins agend the street upoctt/or the use of streets be prehlbftnd for drainage purpose, the subdivider shell preyIda ida;aiD drainage fatill,Ins as apprevwd b), the Road Departmet. · act MOF 13267 - Mend 3. at]or drainage is InvoJved on this Tenddivision and its resolution shall be as approved by the Road Departanna. 4. "An $tret abel1 be laproved within the dedicated right of Wal in Iccordlnce with County Standard MO. ZOl, (7E'/~OO). age Street (Jam Avenue) shell be froproved within the dealfelled right of W In accordance with Modified Count~ $tandlrd Me. lot (H'182'), · S' Street and "C" Street (south of Creek Lane) shell be improved r n within the dedicated right of way in icon dance with Con ty Standard Me. X03e Section A, (44'/66'). 7. The renalwing interior streets shill be improved within the dad catad ri ht of way ZIo,, A. i. accord....tth co.. su.dard No. to4. 8. 1he landdivider shall cmply with the Callruns recomendations as eatlined fn their letter dated alrch 30, ~g88 (I copy of uhlch Is attached)e .prior to the recordsaloe of the flat rap. 11~ landdivider shall provide etllit~ clearance free Rancho Callt- otals altar District prior to the recordallen of the final rap. A copy of the final sap shall be submitted to Celtruns, DIstrict 08, Post Office DOE Z310 Sen krnardinoo California gZ403& Attention: Pro]oct Developant for reeled and approval prior to recordalien. XZ* The mxIma cantorline gradJet shall not exceed iSS, Z2. 1he sinJess centerlice radii sha~l be 300* or aS epproved b~ the Road DeFiant, 1ocetod v~th centrote curb and gutter notch up asphalt concrete Tract 14ap 23267 h~teber 7. iNI ~.e 3 paving; reconstruction; or resvrfacfng of existing paving as datemined b~ Coltraps within a 7Z foot half width dedicated right of ~q in accordance with State Standard Ilo. A2-8. All driveways shell conform to the applicable Riverside County Standards and shill be shown On the street I rovemint plieS. A miRIam of four fat of fell height curb shalm~ be constructed batean drlve~ys. k~en blockwalls are required to he constructed on top of 11o a, a debris rataattaR wall shall he constructed St the street rfgCt of May line to prevent silting of sidewalks as appreved b~ the Road Commissioner. The miniram garage setback shall be 30 feat meaiured from the face Of curb. TLTe · T' Sires shell be Improved with 34 feet of asphalt concrete pavement within I 4g foot pert width dedicated rf ht of ely in accordance v~th Count/Standard No. 103, Section ~. (2 '/33'). Concrete sidewalks shell be conserected throughout the landdivision tn accordance ~lth Count/Standard he. 400 and 401 {curb sldevaTk). k access road (Tacated Nr~ of Tamowls Creek along the extension of els Streets James Avenue to the east) to the nearest paved read maintained by the Count/shall be constructed within the public rfg~.t of wfn accordance with County Standard No. lOS, Sacira I, (32'/60'5 at a grade and alignmat as approved by the bad n Commissioner, This fs acetsar/for circulation purposes. Primary and secondary access roads (at the 1scations of Lone Lfnda Street end the extension of Pert Avanue~ aS" Street) to the nearest paved rod mintsfRed I~y the Count/shell be constructed vtthin the 1it right of m In mariaall v4lt. 'l~SZfs ,. (3F.'/;)-at e I, da and allies, as approved ~ the Road C:mefssioner, This fl 'also nucessar/for clroelition purposes. Trsc~ Kip 23267 - Amend t~4r 1, 1908 21. Prior to the recordatfon of the final map, the devehper shall deposit with the RIverside Countl Road Department, I cash sum of $150.OOper lot Is mltlgatlo6 for trifflc lithe11 Ices. Should the developer choose to defer the time of eJnuenttm~e mal enter Into e krltten agreement with the County deferrln9 slid peteeat to the tim of !ssulnce of a talldiet pemlt. Improvement plans shall be lash upon a centerline profile extending a einfmum of 300feat beyond the project Ix)undlrils It I grade end alignment is approvod by the RIverside ClNn Raid Camlistener. Coalition of road Improvements does not tiptoe acceptance for rainfinance b7 CountT. 23. Lqectrlcal and conmJnlcetfonl trenches Shill be provided In ~ccordance with Ordinance 461, Standard 817. Aspbaltic mulslon (fog see1) shall be appI!H not less than fifteen deTs following placement of the liphilt lurflclng and Shill be Ip lied at I rite of 0.0S gillon per swirl yard. Asphalt amllT~n shill conform to Sections 370 39 led 14 of the State Standard Specifications. Standard cul-de-sacs end Imuckhs and off-set col-de-sloe shill be conserected throughout the lenddivision. 26, Cor~er cutlacks tn conference with Count7 Standard No. 805 sh~11 n M shoe on the ft el mp end offered for dedication. 27. Lot ICCeSI shall be restricted on Still lilthas7 7t, "A" Sirefit and · 10 St at (~aes Avenue) and so noted on the fine1 rap. r Landdhtato~s creating cut or f111 slopel edJlcent to the streets shall provide erosion cantrole light distance control led ll0pt elsemintS IS Illproved b7 the Raid Departmet. MI centerline Intersections shall be et 900 with · manlie 50' tangent muured free floe line, 30. 1he street deaf n end leanant concept of this project abel1 be coordinated all hncho Villages ~leSSaent District #Z9 e end T Z3OS3. ctolNr ~, a~ S Street lighting shall be rtqulred tn accordance with Ordinance 460 and 461 throughout the subdivision. The County Service Area (CSA) Administrator datemines whether this propose1 qualifies under an existing usessment district or not. if not. the land or, or shill file an application with LAFCO for annexation Into or creation of · 'Lf bring Assessment District' In accordance with Governmental Code ~ on SSO00. I be tim res nslblllty of the applicant. Traffic sTgnlng and striping s~·11 be done b), County forces with ·11 tncurrml costs Imm b.y the applicant. GH:Tb Ve~17 7ours, 4 '~o:dH~Tvtlton Englnlllf~~r County of Riyerside DAT~ September 12, 1981 ~uviroumental BeElib Servetea Znviromental Health Sereices has rained Tract lisp 23267, a-ended No. 2 dated Septabet 6, 1988. Our current coBerie v111 remln as etated in our letter dated april 12, 1988. COUNTY oF i IVERSIDE . "' 'J-- DEPARTMENTof HEALTH ' · ,,,,~e,,,,,e MIV~3~IDE: COUNTY PLANNING DEPT. RIVEI:ISIDECOUNTY ?.~ee~,.,e, 4080 Lemon Street PLANNING C;EPARTM-'NT ~'~./ :Riverside. CA else,1 Attn: Oreg Neal lqZ! Tract Hap 23287; That portsen of Parcel I. 3.3 and 4 of Parcel Hap legg3 recorded in Book 134. Pages 13 through 18 of Parcel Naps In Riverside County. California. (~Sl Lots) Oentlemen: The Department of Public Health has reviewed Tentative Hap He. ~3367 and recomaends that: a water system shall be installed accordin9 to plans and specification as approved by the water cospony and the Health Department. Permanent prindts of the plans of the water system shall be submitted in triplicate. wash a minimum scale not lees than one inch equals 300 feet. along wash the original driving to the County Surveyor. The prints shall show the internal pipe diameter. location of valves and fire hydrants; paps and Joint specifications, and the siam of the main at tam Junetim of the new system to the aimtinS systmm, The plans shall comply in all respects with Div. g, Part l, Chapter ? of the California Health and Safety Code, California Administrative Code, Title ]Z. Chapter 16. and Oeneral Order No. 10B of the Public Utilities Centslion of the State of California. vhen applicable. ......... -4, J&fet7 .e g ................ h Locke ...... ' DfJtrict :liVEdSiDE coun;--,,l PLArlIli~O DE A CIi1EI1L t rvioe - lath l. Devidoou County Aviation Comlssloner Iresson RIVERSIDE C"~: IN.ANNIN~3 DEPA.q~ Miter !psl I/ater (f. Edison -if. Gas Jone perfatten 18 n High 5cho~1 'er of Comerco rks irEStiM IF. ACT 23267 - (re-z) - I.A. - Theten Anticon Co,. - t~ncho - bathe hi/fouls Ares -/Star hpetvieo~eZ Dbtrtct - Sough of !LIbya: - I~edule A - 193.? ,roe into ,6 - Concurrent C/net CZ 5150. Y%l 23299 Hod It0 - A.F. gZS-160-0i0 to 013; L~ tZfp0ide00Z-003 eeee described shove, sisal with the etgeched etee up. A bad · merinO hos been testerlynX7 orbedaXed for AptiX 28, lieS. If it 'ea So to pnbl~a hearSuS. · · reeoemndtg/ous ere rqueeted prior to AprLX l&t ltSI in ordeg thet u~ · f- the stuff report for thfJ pertieuXmr ate. e~ question rulerdieS tkb lime pZesee do mot hesitate go tostecg 1363 .... Yeetee~ Tract 232IT.should he required to emma to on eppropritge .... slencTwhidm provides Imrk mmd re~restioe serftees. Annexsties rill · mitilste Weeto of increased population to be soL'we and fete (perk developmHmnt), shall he used to squire mud develop s perk site. Hm~aet, Vsllrr-Vide Recrestiou mud '- DSst~, · r. 9~ FLOOR 48-209 OASIS STREET. ROOM Riverside County Planning Dept. Page Two Attn: Ores Noel Aprzi 12, Ig88 ' The plins shell be signed by s registered engineer and vatfir company with the relieving certificetion: certify that the design of the voter system in Tract Map 23267 is in accordance with the valor system expansion plans of the Rancho California Voter District and that the voter service.storage and distribution system viii be adsquote to provide valor service to such tract. This certification does not constitute 8 gulrsntee that it viii supply valor to such tract at any specific quantities, flows or pressures for tire protection or any other purpose". This certification shall be liVned by a responsible official of the water company. ;bg_B&!al_!M!~_~! IV~B~Id_~g_~bR_CgVD~ ~B_~hg_£~gV!!~_[g£_~b!_£1Sg£d!&lgO_gL_~bl.[~Oli_~lg- 3'his Department has m statement from the Rancho California Voter District &aresing to lerve domestic visor to each lid every iot in the subdivision on demand providing satisfactory financial arrangements are completed v~th the subdivider. It viii be necessary for the financial arrangements to be made przor to the recordsfish of the final nip. This Department his ~ater District agreeing to allow the subdivision sew&go system to be connected to the severs of the District. The sever system Ihlil be instilled according to piano lid speciflcatlons as approved by the District, the County Surveyor and the Health Department. Permanent prints of the' plans of the sever system shall be submitted in triplicate. along with the original driving, to the County Surveyor. The prints sh~ll show the internal pipe diameter, location manholeas cmpiete profiles, pipe and Joint specificsrich, maul the size of the mowers it the Junction of the new sys~0~ to the existing system. k single pitt tndiclttng location of tower lines tad viter lines shill be · portion of the sewage plane and profiles. ~he plane shall be signed by a registered engineer and the sewer district with the telloving certifications '! certify thlk the design of the sever system in Tract Nip 23aS7 is in accordance with the sewer system expansion pllns of the Eastern Municipal Water DisLrtct sad that the vests disposal system II adequate st this t/me to treat the anticipated wastes from the proposed tract." Riverside County Planning Page Throe A~'A~: Greg Neml April 12, 1988 Ze~Viat,ggg_tbl_£eSS£gl&tgn_g(_&bl~g~Ol1_gl9. viii be necessary for financial.arrangements Lo be made przor to the recordsSign of the final map. It viII be necessary for the annexation proceedxngs to be completely finmiized prior to recordsties of the final map. San~tarian rnvIronmental Health Services SH:tac RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 18, 1988 Riverside County Planning Department County Administrative Center Riverside, California Attentions Regional Team No. l Greg ieal Ladies and Gentlemane Rat Vesting Tract 23267 Amended No, 2 This is · proposal to divide approximately 194 acres for single family housing in the Temecula area. The site is located along both sides of Temecula Creek about 1200 feet west of MarSatire Road, This project is located on the floor of Temecula Valley and is subject to bothriverino ~lowe from Temeculo Creek and.sheeting offsets storm ~a~s from two other sources. The main course of Temecula Creek flo~l through the center of the tract. Storm water ~rom · 800 acre watershed to the north traverses the north- ern half of this project. Duo to poorly defined drainage pat- terns, it is probable that large amounts of storm water emanating from tributaries north of Tamscull Creek and from fir to the east may sheet west, generally parallel to Temecula Creek, and across the site. Unless those storm fio~o are dealt with by upstream development in the watershed, the developer will have to con- struct drainage facilities to protect this project. Onsets storm r~moff is proposed to be conveyed vie both streets and storm drains to Temecula Creek Channel, Several acres of entire area at t~ southeastern tract boundary is proposed to be diverted to the Nighboring develolment. The applicant (Thetam America Corp,) lms sulmitted documentation that the developer to east (Oreat American Development Co.) plane to accept this run- off. A decit sho~ing evidence of this agreement should be submitted t~ the District for review prior to rooordation of the final map, IS9. The District's interest in the con- figureteen of the main channel is limited to its adequacy as a flood protsctic~ facility. It should be noted that the present design does not mils for habitat mitigation within the channel, nor does it sl~ee/fically provide for Joint usa of the facility (e.g., equestrian or bicycle trails)° A change in channel con- figuration Or right of way width may require redosign of this proposal, Riverside County Planning Department Res Vesting Tract 23267 Amended No. 2 -2- October %8, 1988 The developer's Exhibit *So proposes to collect storm flows from the g00 acre canyon at De Petrels Road and convey them to Te·ecula Creek in · trapezoidal channel. Two collection dikes are proposed on t, he east side of Margarita Road to capture storm flo~s traveling parallel to Temecula Creek. These flo~s would combine with the northern stream Just north of Highway 79. Following are the District*s reconnendationst 1. Temecula Creek Channel should be constructed throught this tract as shown on the tentative map. Both Temecula Creek Channel and the drainage facilities proposed to convey storm flows from the north and east should be built to District standards. Some of these facilities are proposed to be constructed by Assessment District 159. If these have not been installed by the time grading permits ·re requested, it will be necessary for this tract to construct drainage structures necessary- to protect it from tributary lO0-year storm flows. Evidence of a viable maintenance mechanism should be sub- mitted to the District sad County for review sad approval prior to recordation of th· final map. A portion of the proposed project is in a flood plain and may affect "waters of the United Starale, 'wetlands" or "Jurisdictional 8tremubedl", therefore, in accordance with th· requirements of the National Flood Insurance Progrsm sad Related Regulations (44 CFR, Parts 59 through 73) sad County Ordinance No. 4SIt A flood s~udy consisting of KEC-2 calculations, cross sections, asps and other data should be prep·red to the satisfaction of the Federal Emergency Management Agency (FEHA) and the District for the purpose of raising the effective Flood Insurance lute Map of LbsproJect site. The submittal of the study should be ~on~urrent with the initial submittal of the related project isprovement plans sad final District approval viII not be given until · Conditional Letter of Hap Revision (CLOMA) has been received from FEMA. be A a~pyof appropriate correspondence end neoessarY permits from those government agencies from which approval is required by Federal or lute law (such as ,C~dr~Oa;: v-n insets 404 ermit or Department of Fish 16093 agresment~ should be provided to District prior to the final District approval of the R~verside County Planning Department Re· Vesting Treat 23267 Asended No. 2 -3- October 18, 1988 Onsits drainage facilities located outside of road right of way should be contained within drainage easements shown on l~s final map. A note should be added to the final map stating, 'Drainage easements shall be kept free of buildings and obstructions'. off·its drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be recorded and s copy submitted to the District prior to retardation of the final map. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities should be installed. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergenc~ sacape should also be provided. The property*s street and lot grading should be designed in s sannar that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, s drainage easement should be obtained from the affected property owners for the release of concentrated or diverted stem flows. A copy of the recorded drainage easement should be submitted to the District for review. prior to the retardation of the final map. Development of ehee property should be coordinated with the development of adjacent properties to ensure that v~tsrcourses remain ~nobstructed and stormwaters are not diverted free one watershed to another, This may require the construelion of temporary drainage facilities of offsite construction and grading, A copy oft he improvement plans, grading plans and final map alan·with supporting hydrais·is and hydraulic calculations should be submitted to the District via the Road Depart·ant for review and approval prior to retardation of the final map. Grading plans should be approved prior to issuance of grading permits. Riverside County Planning Department Res Vesting Tract 23267 Amended ~o, 2 -4- October 18, 1988 Guestions concerning this matter may be referred to Bob Cullon of this off~ce at 714/787-2333, Very truly yours, ~ ~IqI~ETH L. EDWAIctDS ccs RANPAC BCsbab h.u~&tq~m~ofa t'9-Sl 4GIQLi!m:m$1tmLeuIIIIL It~CA~I (714) 717..i,6~ AT'Dh GIgGIft. At TILAC3' 23267 - A,HZ~ED 12 seth respect to the mendirises of approval for the above reformneed land division, the Ftrn Department recommends the following fire protest/on measures be provided in accordance with giverside County Ordinances and/or rocogutssd fire protectlee utahdeEd·: FI]t/PROTF~IOR Schedule ,&e fire protection approved standard ftra hydrants, (6wn&"x2J") Zetatad sue ae each street l·tersecttoe and spaced no sore than 330 feet apart Ln any directfoe, with us portion of any lot frontage sore than 165 feet from · hydrant. Kentuna fire floe shall be lO00 GPK for 2 hours duration at 20 PSi. Appl/cunt;de~LZopmr shall furnish one espy of the valor eyeton plane to the Fire Departseat far review. Plane thttl confore to fire hydra·e types, locstio· and opecLug. and, the gymtee eRaIt soot the fire floe requiresants. Plane shall be $tlaed/appro~ed by · registered civil engineer and the local water company with the following certificateoat el meretry that the deella of the water eyeten 10 tu accordance nith the requiresonto prescribed by the liveraide County rite DeparUmne.n 11o requited enter eyetee, including fire hydra·to, shell be installed and accepted by the appealfiats sorer agency prior co any coubuattble building uterlal be/el placed on an individual lot. Prior to tho recordaeLoa of the final sop, the epplieaae/devoloper shall provide kiterunts or secondary access as approved by the County bad Departstent. HITIGATIOil Prior to tbs retardation of the fLeet sop. the developer shall deposit with the Riverside County Fire Department, · each am of 0&00.00 per lee/unit el sttilarson for fire protectin impacts. Should the developer choose to defer the time of paysout. beltha soy enter into a written agreesone with the County deferring said paFMnt to the that of issuance of a build/rig porter. AIX questions tegatdint ths meaning of conditions shall be referred to the Planning and Engineering staff. ChLaf Fire DepsrCseut PZsnnar Tales, lianainS Officer 4 iVEq3iDE COUIl u PLAIIlliilG October :Z, 1988 Mr. Warren L. Shefling Job o. ~ncho C/11fornti Area Gentlemen: Ve have revte~ed your report entitled *Fault Hazard and Preltmloary GeotecMIcal investigation, 24Z~ Acres, Southwest of the intersection of Kargarita Road and State Xfghwly 79, Itancho California, Rherstde County, CAt* ,,..d to s.,..,.,,.,.,. r.,,.,,.. YNr reimrt dstarMned that: ]. Exploretar7 fault trenches ],3 end 4 exposed fault offsets associated vlth the active Vtldomar flult. The lecatton of thts fault ts sho~m on Plate ~A, hotechntcel Map of your report. l'ae setsale data for the tlslnore (Waldotar fault) Fault Zone located De stta Is as fellwee RaztH Probable Earthquake -7.0 Utlckar lieintrude) Peak EreEnd AcceTeretton - 0.639 0ursUm of ltronl I!ottoe - 30 seconds 3. The se~tlemnt otenttal under setsmtc loadtrig for the on-stta and kedrockaltari&Vs ts mderate to ver~ lee, respecthely. 4o The imteattel for 11qulflCtfOn 1l considered high tn the larger drainage cmrses rlthtn hubs end Wolf Valleys on the site. LI eflctloe my occur In the fom of differential aettlemnt, sand ladle, sad hterel spreading. e LEMON ~E-ro P FI.OOR II~I~SIDF.. QM.EOfU~ 925(21 (711) 7874181 OASIS STNEET, ROOM 3o4 INDIO, CALIFORNIA (61 l) 342-e,~ Highland Sells [riginsuring October IZ, 1988 S. A minor lindsiIde area my be located at the centrll portion of the site, shown on Plate IA, GeotachntcaT Hap. The alluvial soils generally ere considered to have o lay expansion · potamain1. The slitatones vtthin the Pauba formSton on llta can be eoderetaTy to hfghT~ expansive. The fIN grained alluvta1 soils in the major drainage courses ira genera11~ coopresslblo fn the upper five feet. The currut area dealUnited as the 100.year floodplain for ~amecula Creek exceeds the seismic-Induced flood 1nundalton are that would a result during instantaneous failure of Skinner or Vail Itesarvotrs. Ont~ the toast erel of Pauba Valley would be affactad. Ground itssure development tS considered a significant hazard wtthln the so~thnst portton of the stte, due to the presence of active faulting in thts area. Your report racemended that: 1. A SO foot sotlack zone free beth stdes of the Utldowr Fault Zone is required far human occupanCy structures. This setback ts designated on_ Plate IA, Seatschines1 Hap. The following t111 mitigate the liquefaction potamain1 on this stte: a. A coalacted f111 set Ilong with a gravel blanket and additional footing reinforcement sheold be used for structures. b. Structure1 setbacks from tops of f111 slopes toeing into hl 11qsefactfon prone areas sou d be used. c. Lateral spreading hazards slang Pouba Creek ere mitt tied by the placmentofLowL4nds Drive end the J0Ofootwtde lutldtng Setback area. Thts affects Lots 490-503 d. 6rudJn item Tamecalm Creek will Involve the placement of upwards of lS Foet:Pcoepactsdf111 overt hue. SOfnet Of recoanended o11uvlal ranevils, fn order to ooorl~ e11afnots the potsntis1 for liefaction Induced loss of herIn or lind bulls. e. In order to reduce e 111 ht pOlllbtTI of lltorll spreadin ilo TeaKarl C~elk for LotS ~60, lel, 17~-t[76 IIS, tnd iNl either the building setback shoo{d be Increased to tvlce taste befit or post-tonslonod slabs Ind additional foundaSia alaSant for lots 3. Alleyto1 ells should be overexcavated fn the 1mr r axistin dretnage and calVeel ireas to I minimum depth of S foot. ~:re feasible total removal Of lOOse IIIUVlll 80111 to bedreck tl moanended. As an alternative, settlemat armaments and monitoring oat be used In the area with thfc~ ellavia. Highland SotlS [ntngeertng - 3 - October 12, lg88 4. Additional Investigation of the possible landslide located at the central portion of the site is recoe~ended prtor tO Site grading. The SO foot humn occupancy setback t~ the northeast and the property bounds tO the southvest of the located active fault vt11 BittRain the portenttel ha,are Of ground fissure development on the stte. It ls ovr optnine thlt the report YeS prepared tn I competent manner consistent ~th the present 'stste-o~-the-art' end satisfies the requireNots of the A1 tst-Prtolo Special Studtea Zones Act, the associated RIverside County O:~vtnance No. 547, and additional Informlion requtred under the California EnvironmenLo1 Quality Act raytar. Final approval of this report ts hereby Riven. Me recon~end that the folioring conditions be satisfied before rotordating of the ftnal parcel mp or County poreits associated vtth thts project: The *Fault Hazard Zone' sho~ on Plate ]A, (Gagtechnical flap) fn your report shall be delineated on the Environmental Constraints Sheet ([.C.S.), and the area tn between the setback 1toes shill be Tubeled · Fault Hazard Area.u 2. A note shill be placed on the E.C.S. ststtng: *Thts property Is affected by earth eke faulting. Structures for human occupanc~ shall not be 111ove~uln the Fault Hazard Area. Thts constraint affects parcels 490 through S04, 602 and dO3.' 3. Notes shall be placed o~ the final land division mp stating: · County Geolo tc Report fig. 488 was prepared for this property on (a) Februar~ 3, 3988, and ts on the Rtve stde County Planntn file at r ,g De rtmnt. Spooffie 1tom Of concern tn this report are as fo~lmes: active earthquake faulting, liquefaction, ground fissures, lendsliding, seismic induced flooding, end uncoepacted trench beckfill.· (b) 'This property ts affected by earthquake faulttn . Structures for humneccvpanc1 shell not be I11oued tn the 1lult Hazard Are. The constraint effects parcels 490 through S04t 602 and fig, as lh~m on the Icenape log Envtronmntll Constraints Sheet, the or~gtnal otahlcb~s on file st the office of the Riverside County Surveyor. A copy of the final mp and Environmotel Conatrafnto Sheet shall be submitted to the PTenning Departaunt Engineering GenTgRist for flyfew end apprnvsl. Htghlind Soils [nlngeerlng - 4 - October ZZ, 1988 The exploratory trenches ere beckfilled. tat not co,~acted, end Shall be Collected under the direction of the project eotechnJcel Ingtnoer tf enl structures ore contemplated for constructTon over eny porttons ef t~ese trenches. Very truly yours. SAKes1 C;oCo RIVERSIDE COUNTY PLANNING DEPARTRENT Roger S. Streeter - Plnfng D4 ector Itanpec - Dan Olllom 1346 - brl Hart htTdlng & Safety - Nora Lostbom (2) Grog Nee1 - Teem ~ RECEIVEDNOV 8 1989 RiVE:DiDE COUEi, PLanninG DEPARCfilEi November 2,1989 Geo Soils, Znc. 575! Palmar Way, Suite D Carlshad, California 92008 Attention: Mr. Robert G. Crfsman Mr. Paul L. t4cC1ay E. Hetca e Hr. Timothy If SUBJECT: A1qulst-Prtolo Spectal Studtes Zone N. O. 9g4-SD Tentative Tract 23267 APN: 926-016-002,003,010,011,012,013 County GeoTogtc Report No. 488 (update) Rencho California Area Gentlemen: have revtewed your report entitled "Fault Invest1 atfon, Tract 23267, OTd Vat1 Ranch, RIverside County, CA," dated August 24, 1989. Your report datemined that: 1. The Wtldomar fault, as previous1 Identified by HIghland Sotls Engineering, ts not present on t~e project stte. 2. The fault contacts Indicated by HIghland Sotll Enginefirth are actually erostonal/strattgraphlc contacts produced by deposition o~ recent a11uvtum or colluvtum agetnst bedrock of the Paube fomatton along the margtn of the Wolf Valley a11uvte1 platn. 3. There Is a lack of geomorphlc expression characteristics of faulting on the site. 4. Rased on eertal photographs, the active trace of the Wtldomar fauTt, northwest of Pauba Valley, appears to bend eastyard tn Pauba Valley and die out east of the project site. Your report recon~nended that there ts no need to place any fault related setback or restriction tn the study area. 4080 LEMON STREET, 9T" FLOOR 46-209 OASIS STREET. ROOu t~? ~ :: Geo Soils. Inc.' - 2- ' November 2. 1989 I [t ts our optnton that the report was prepared tn a competent manner consistent with the present "state-of*the-art" and satisfies the requirements of the Alqutst-Prlolo Specta| Studtea Zones Act and the associated RIverside County Ordinance No. 547. final approval of this report is hereby gtven. We recommend Chat the following condttlon be satisfied before tssuance of any County pemt ts associated wtth thts project: Uncompacted exploratory trench backft11 shall be addressed by the ProJect Geotechntcal Engineer prtor to Issuance of project gridtrig permtts. [t should be noted that County Geologtc Report No. 488 entttled "Fault Hazard and Preliminary Geotechntcal Znvesttgatton, 242~ acres, Southwest of the t.t.rs.ctto. of ,o.d ..d St.t..,gh..y 79. ,..cho C.,tfor.t.. Riverside County, dated February 3, 1988 was previously prepared for this property. Your report now supercedes only the fault setback aspects of that report. Very t~uly yours, SAK:rd c.c. Crosby, Heed, linton & Assoc. -Engtneer CDII; - Earl Hart Butldtng i Safety - Norm Lostbom (2) Pllnntng Team 1. Klm Johnson INTIII-OIPARTMINTAL Ll'rrllt COUNTY OF RIVERBIDE October 7, 1988 m: Greg Heal, Plenntn Department George HellIris, Cllllf Park Planner SLeJ[CT: 17 23267,23299 Old Yatl Ranch, [Zl 281 The County Parks Department hal revteved the above referenced document and offers the foil·wing recommendations. Perks and Recreation Our department supports the extension of I regional open space/natural green belt along the Tencull Creek. This Is consistent vtth other splctftc plans end development along this creek. Our department will require in offer of dedication of this area be rode to the Parks Department on the final tract raps. {Haglone1 Park 'A'.) legtonal Perk 'l'tl actually · local park and ts located tn 0 strategic Irestalon to serve ·l a cmnunlty park. It does not qualify el a regional park ires due to Its limited SIZe; however, the historic adobe contained vtthtn this area cam be successfully preserved with · corn·unity park setting end Interpreted. O~erall, the perks contained within this develoiaent show a lack of large sparta ftllds capable of Iccomodattng organized sports activities and this need to be examined. Caanuntty and neighborhood parks should be developed to the satisfaction of the local county s~vlcl are· (CSA). le~.reetlon Tr·lll bglonal Plrk "A" ale the Tencull Creek correctly Identified the need for a rlmry equestrian t~l ·1 shm. The tr·ll Toe·lion and davelolaent should C l~countarll~ncl&rdl. As Indicated, on the attached exhibit No. 1., a Class ! blcJ~le lane needs to be protided for ·tong the Teemcull Creek. This should be developed to county n sis dards and have connecting access to local street Class ZZ btc~cle lanes. 4 fir. Grq lies1, Planning Departant On the attached exhtbJt No. 1, provision for access to the Teaecule Creek by o secondary rtdtng end hiking trail must be incorporated into the project. This vtll utilize the proposed reinforced concrete b~x culvert under State HIghway 7l end provide access to the trails In the creek for residents to the north of this project. Thts access/secondary troll should be developed to a alntEaVldth lZ feet and to county atandarda. clearance. (See attached detalr.) Cultural/HIstoric Resources me proposed stta of the Old Vail Ranch project ta in on extremely sensitive area for cultural resources. in the thorough cultural resources assessment he prepared, archaeologist Christopher Drover discusses the htstorlc taD-story adobe Vail Ranch House end a large LetsenD |ndfen archaeological site. The Parks Departeent's Htstory Otvtston cmmends Renpac Engineering Corporation for Its sensitive consideration of these culture1 resources tn the [IR. ke concur vtth the roposed mitigation measures of recovering artliners ira the archaeological atlas and mklng these available to the publlc tnen IntarpretJve center, and preserving the Vail Ranch House through rehabilitation and adopttun reuse. A library, Comunft~ center, smll museme or restaurant weld e11 be eppro rfata vies for the house, as vould centt,,ed residential use tf prepare; mintstried. In addition to the etttgatlen measures sentinned tn the [IR, the Parks Department requesta fUll-time monitoring by a qualified archaeologist durtn the grading process. This fs essential due to the extreme likelihoed o~ unknwn archaeological resources existtag on the site. If any historic resources surface, Dtana Setder, Htstor7 Divtston D!rKtor, should be nottfted st (714)787-2HI. Should yon have questions regarding perks, recreation, or trail altars, please contact me or Hare Braver of this departBefit. G8/1 0186 c: Pnal learn, Director, Perks Department Sm Ferd, DeFer7 Director, Parks Departant Diana Seider, Rlltor~ Divtalon DIrector, Parks Department Nsrc Iramr, Asstalent Planner, Parks Deportant February 2t, iris neeanne !ulXdLuS end Safety hrveTor - Dot Dude bed Deportmat !oaXth - h~phLuche rice ProtoctLo~ Flood Control D/otr/ct Yleb & GiBe LUCO, I lalalay U.I. PoetaX Service - lath Z. Davidann Rancl~o Calff. Nater Eastern Municipal Water Southern Callf. Edison Southern CIllf. Gas General TelepJone Dept. of Transportation 18 Teencola Elem~ [lstnore Union Htgh School Teencola Chamber of Cameron Ha. Palmar Stirre Club ValleyWide Parks RiVERSiDE councu PL Arming DEPARCIilEI1. County Avtatton Cmisstonlr Iresson RIVERSID'= C."': ?t~'Y pLANNING DEPA-=''~ VESTING TIIACT 23267 - (to-Z) - Z.A. 325A~ -111oteniaerScau CoT1;. -bAthe Pacific -Sancho California &roe - First SupervSeorlol District - South of ItSbray 79 end east of HatStrite load - I-I - lobeduse A - 193,7 ecru into 596 - Canontrout Cooeo CZ 5150, Tell 13199 - Hod 120 - A.P, 926-160-0t0 to 0131 926-016-002-003 County Plrks lleaee taylor the cole described abevet elanS vitb the attached cell nap. A Lend D/vieloo Coasttree matinS has bean teutativet7 achedaXed for AprSZ 28, till. It it clears, it ell1 then In to pubXic hutinS, · Tour coneonto and recoumndetious ere toqueteed prior to April 1i, 1918 in order that ve nay bsclude ibm in the egoIf report foe this particular use. !honed yon have any quellions relied/hi the- items plasma do not heeLtote to contact Glee Nee1 at 717-1363 lisanor Teethe heat 23267.ebould be required to mmon to an appropriate eloneyvhieh provides park end recreation meETLace. Annexation vtlt eSCalate tepeeto of beteased paparation to be served and fete (park development), th811 be used to Icebe end develop · park site, llJjJg pr4-t ham a aZ 4080 LEMON STREET. 0~ FLOOR 4&209 OASIS STREET. ROOM 304 · RlVi:,~mut: UUUNTy "LANNING DEPARTMENT October 18, 1981 Nr. Rtchard HscHott~, Supervising Planner Riverside County PlenntnO 0spartaante 4080 Lemon 8t~reet~, II~ Floor RIverside, CA 12601 9UBJECT: Vest. trig Tentat. tve Tract HaD Number 23267 Oear Hr. The f0110wtn8 8~rtze8 our ftndtnge regarding the ftecal tapact analysts for t~he project tdent~tfted abeve. The appendix at~tached 8ueearizee the basic aeeum~t~ton8 used tn the analysts, PTeeee nots thlZ these results reflect t~he current Teve18 of . 8ervtce provided by t~he Country based on Fiscal Year 1981 - 1817 actual coet~8 (per CSptt~8 factore) end Departmental end Audtt~r-Cont~roller revtew of olMrat~1one end factllt~y coats for services reviewed using case et~udy inelyete. 8taff t4 the Grout~h Fiscal Zmpect~ Teek Force end DepartJeente ere current~ly reviewing 8errice levels provided end t~he need t~ 1norease ~he levels of 8ervtce. Current' ftndtnge are that extet~tng 11ve18 of service are not adequate ins oat cane. 8heuld the desired level of service be u~lltzed in t~e fiscal analysts performed, tt~ Nould 849ntftcant~1y netsue the cee~e aeeoctat~ed v~th thee developments. C(XMTY FUND (Ollerat~ione and Maintenance) FISCAL It!PACT AFTER BUILDOUT CUIiULATZV9 FZSCAL ZHPACT AT 8UZLIX)UT Country General Fire Free Ltbrsry ($09,811) ($10,380) (8328) (818,426) ($20,720) 9URTOTALCClMTY (S60,200) ($39,904) Road Fund 88,330 919,460 (873,790) (824,3") RabettT.-~mbtM~/~!mb!~m~wCentt 408tt~e~S'J~L~ · LIIH.q. OGR · IIIV~I~e.~~I · C/IQ~'/4S~ The follcxetng special circumstances apply 14 ~ht8 project: 1. The 9valeper 88e~.nPttone included 8 factor of 2.1 persons per dwelltag unit. CAO staff ut411zed · fee%or of 2.69 pare·hi I)er household. which t8 closer to the countywide average for ~hts type of unit. Z. CAO atoll he8 reviewed library costs with Ltbrsry personnel and incorporated actual operations end maintenance cast8 into the analysts. Using Library staff estimates of W cost8 of provIding the current level of service, c~stdertng the increase tn population, this project should result tn one-tie captie1 fsctllty costs of $76,263 (library apace, volumes) end ongotng annual operation· and saintchance coet~ of 114,694. Ltbrery staff hal Indicated Wet the current level of earvice 48 not adequate. 3. Floc~lContr01 staff hie Indicated that flc~l contro] facilities constructed within Zone 7 are unlikely to be sufficiently fun~ for maintenance coats. Current estimate8 Indicate ~het funding short·gee should occur for W next ten years. Suggested Btttgattorl measures Include · cash deposit by ~he project developer or use of in ana88ment mechanism. The ~unt of deposit ~ld be clet4rmtned by · present value analysts end pro3eet timing. The coat of maintaining flood control facilities will not be known until finat deetgn phases. when facility mode have been fully Identified. FIOCH:I ~trol staff w~11, therefore, condition project approve1· to ~denttfy · means ~ financing fectltty maintenance end 'operation (If necessary) prtor to recorderton of subdivisions. bed on tJ~e analysts and assuming that the average sales price of the unite will be 8142.688, overall Vesting Tentative Tract 23267 w~11 have 8 negative fiscal Impact at I)utlclcxjt. of 824,3.. After Ilu~ldout. this project will have in annual negative fi·¢·1 tWect to the County of 173,970 st curren~ levels of service. Znl~t·i Review By: Review A~rOveHtBy: ATTACHMENT III ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 281 The Riverside County Board of Supervisors certified Environmental Impact Report (EIR) No. 281 in conjunction with the approval of Change of Zone No. 5150 and Vesting Tentative Tract Map Nos. 23267 and 23299. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Vesting Tentative Tract Map No. 26861 which supersedes Vesting Tentative Tract Map No. 23299 has 87 fewer residential units than Vesting Tentative Tract Map No. 23299 and therefore, will generate less traffic and result in reduced impacts to the environment and to public services and utilities. Vesting Tentative Tract Map No. 26861 will involve minimal grading and therefore, is unlikely that any additional amount of earth movement will result in any increased significant impacts. The Conditions of Approval are adequate to mitigate any potential impacts regarding drainage and non- renewable fossil resources to levels of insignificance. Pursuant to Section 1516u, of the California Environmental Quality Act, this addendure has been prepared to demonstrate that the changes resulting from the proposed Change of Zone and New Vesting Tentative Tract Map and Revised Tentative Tract Map will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. By reducing the number of residential units, the new project will reduce the level of impacts on the environment and on public facilities and services. A: \VTM23267 30 CITY OF TEMECULA ) VICINITY MAP CITY OF TEMECULA ~ ,/ SP ZC S P ZONE r ~-z,~.s" C ZONE MAP ) A E P.O. D T CITY OF TEMECULA ) THE MEADOWS S 2~9 t ~ VA HAWI, / SWAP MAP CASE NO. P.C. DATi .~_/~--~, i ~ EXI"II!ilT CASE # .,,F,/..,,o ~.~ z-~ : ,lieelgiN; d <1: I- Z Z APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT December 10, 1991 Vesting Final Tract Map No. 26861-1 PREPARED BY: Kris Winchak RECOMMENDATION: That the City Council APPROVE Final Vesting Tract Map No. 26861-1 subject to the Conditions of Approval. DISCUSSION: Vesting Tentative Tract Map No. 26861 was approved by the City of Temecula Planning Commission on May 20, 1991, and the City of Temecula City Council on July 2, 1991. Vesting Final Tract Map No. 26861-1 is a 3~ unit single family detached condominium development on approximately 3.46 acres located on the south side of Highway 79 between Pala Road and Margarita Road. Lots 2 through 6 total approximately 11.22 acres, thus the total site is roughly 14.68 acres. The site is currently vacant and has been graded. The applicant is Presley of San Diego. The following fees have been paid lot deferred) for Tract Map No. 26861-1: * Traffic Signal Mitigation Fees * Fire Mitigation Fees * Stephen's K-Rat Fees {at Crading Permit) $ 5,100.00 $ 13,600.00 $ 28,626.00 ENG\T26861-1 .STF 1 The following bonds have been posted for Vesting Final Tract Map No. 26861-1: Faithful Labor and Performance Materials Streets & Drainage $ 41,000.00 Water 63,000.00 Sewer '0- Survey Monuments $ 9,500.00 $ 20,500.00 31,500.00 -0- S U MMA R Y: Staff recommends that the City Council APPROVE Vesting Final Tract Map No. 26861 - 1 subject to the attached Conditions of Approval. TN:ks Attachments: 1. 2. 3. 4. 5. Development Checklist Fees and Securities Report Location Map Copy of Final Map Planning Staff Report ENC\T26861-1 .STF ]Z CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tract Map No. 26861-1 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan { K-Rat) Parks and Recreation (Quimby) Public Facility Condition of Approval Condition No. 20 Condition No. 21 Condition No. u,7 Traffic Signal Mitigation Condition No. 51 Fire Mitigation Condition No. 12 Flood Control (ADP) Riverside Service Area (RSA) Condition No. 68 N/A ENG\T26861-I.STF 3 Ronald J. Parks Mayor Patricia H. Birdsall Mayor Pro Tern K~rel E lindernans CouncllmemDer Peg Moore Cour~cl~memDer J. Sal Mufioz CouncdmemOer David E DixOn Oty Manager (714) 694-1989 FAX (714} 694-1999 Ci_ty of Temecula /./~'l:lusiness Park Drive ,Temecula, California 92390 July 11. 1991 Mr. Raymond A. Casey Presley of San Diego 15010 Avenue of Science, Suite 200 San Diego, CA 92128 SUBJECT: Final Conditions of Approval For Vesting Tentative Tract Map No. 26861 Dear Mr. Casey: On July 2, 1991, the City of Temecula Planning Commission approved Vesting Tentative Tract Map No. 26861 subject to the enclosed Conditions of Approval. Vesting Tentative Tract Map No. 26861 is a proposal to develop 142 single family detached condomlnium units on approximately 14 acres located on the south side of Highway 79 between Pala Road and Margarita Road. This approval is effective until July 2, 1993 unless extended in accordance with Ordinance Li60, Section 8.u,. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. If you have any further questions regarding this subject, please contact the Planning Department at (714) 69~-6~,00. Sincerely, Richard A' Case Planner Gary Thornhill Planning Director RA/GT:ks CC: Engineering Department Fire Department Case File PLN~N I NG\ TH26861 \k s ATTACHMENT I I CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 26861 Project Description: Development of 1~,2 sinqle family condominium units on approximately 1LL 68 acres of land situated south of Hiqhway 79 between Pala Road and Marqarita Road. Assessor's Parcel No.: 926-016-025 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~,60, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditlonally approved vesting tentative tract map will expire two years after the approval date, unless extended as provided by Ordinance ~,60. The expiration date is July 2, 1993. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance L~60 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. 10. 11. 12. 13. 15. 16. Prior to the recordation of the final map, Change of Zone No. 5 shall be approved by the City Council and shall be effective. Lots created by this land division shall be in conformance with the development standards of the zone ultimately applied to the property. A maintenance district shall be established for maintenance along Highway 79, the developer/applicant shall pay for all costs relating to establishment of the district. A Homoowners Association shall be established for maintenance of Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Homeowners Association. The applicant shall comply with the environmental health recommendations outlined in the County Health Department~s transmittal dated January 2LL 1991, a copy of which is attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated March 7, 1991, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-3 {General Residential ) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: (1) Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. A:26861-~.R.~"M~ 2 Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betruing, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter and along Highway 79, "A" Street, and Via Rio Temecula. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-d- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. A:26861-AR.V~ 3 37. 18. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor~s- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars {$100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to u,5 Ldn. All building plans for all new structures shall incorporate, all required elements from the subdivision~s approved fire protection plan as approved by the County Fire Marshal. Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant [Class A ) roofs as approved by the Fire Marshal, Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. g. All street side yard setbacks shall be a minimum of ten 110) feet. A:26861-~R.VTM~ 4 h. All front yards shall be provided with landscaping and automatic irrigation. 19. 20. 22. 23. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to recordation of a final map, the subdivider shall submit to the Planning Director an agreement with the Community Services District which demonstrates to the satisfaction of the City that the land divider has satisfied Quimby Act requirements in accordance with Section 10.35 of Ordinance No. ~,60. The agreement shall be approved by the City Council. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 26861, which action is brought within the time period provided for in California Government Code Section 66~,99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula, Prior to occupancy of Phase One, the construction of the recreation area shall be completed. A:26861-~R.Fl~ 5 The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter inte an agreement to complete the improvements pursuant to Government Code Section 66u,62 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developerrs cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 25. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CCSR's') shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CCF, R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, all buildings in common open areas, and all interior slopes. 28. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCE, R~s which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CCF, R~s shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. A:26861-)R.V~ 6 30. The front yard landscaping shall be maintained by the Homoowners Association and shall be identified in the Covenants, Conditions and Restrictions (CC~,R~s). 31. Maintenance for all exterior walls, landscaped and open areas, including parkways, shall be provided for in the CCSR~s. 32. Within forty-eight (0,8) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Came Code Section 711.0,(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 10, Cal. Code of Regulations 15090,. If within such forty-eight (0,8) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.0,{c). Engineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. 33. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 0,60, PRIOR TO RECORD~T4eN OF THE FINAL MAP: 35,. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; 36. 37. 38. 39. CalTrans; and Parks and Recreation Department. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. B, C, D, E, F, and G Streets shall be private streets and shall be improved with 33 feet of asphalt concrete pavement including rolled curb, or bonds for the street improvements may be posted, 5 foot utility easements shall be dedicated running parallel on both sides of street. A 5 foot sidewalk shall be constructed on one side minimum of all private streets. Dedication shall be made or shown to exist to provide for a 71 foot half street right-d-way for State Highway Route 79 (lq2' right-of-way). Construct half street improvements in a 39 foot dedicated right-of-way plus one 12-foot lane, er bends for the street improvements may be posted, in accordance with County Standard No. 111 {78'/56' ). The improvements for street "A" may be phased per the approved phasing plan and as directed by the City Engineer. In the event that State Highway 79 is not constructed by Assessment District 159 prior to issuance of Certificates of Occupancy for Phase One, the developer shall design and construct a deceleration lane west of Street "A" and an acceleration lane east of Street "A", per CalTrans standards. State Highway 79 improvements shall be bonded for prior to Final Map. "A" Street access shall be limited to right turning movements in and right turning movements out only. There shall be no left turns permitted and no provision for such movements shall be provided for on Highway 79 South. Vehicular access shall be restricted on Highway 79 and so noted on the final map with the exception of approved public road connections as approved by the City Engineer. Dedicate a 38 foot minimum easement for public utilities and emergency vehicles access for all private streets and drives. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. A:26861-~R.VTM~ 8 A declaration of Covenants, Conditions and Restrictions (CCF, R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CCF, R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto. and shall be enforceable by the City. The CCF, R's shall be reviewed and approved by the City and recorded. The CCF, R's shall be subject to the following conditions: a. The CCF, R's shall be prepared at the developer's sole cost and expense. The CCF, R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CCF, RIs and Articles of Incorporation of the Property Owneris Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CCF, R's shall provide for the effective establishment. operation, management, use. repair and maintenance of all common areas and facilities. The CCF, R's shall provide that the property shall be developed. operated and maintained so as not to create a public nuisance. The CCF, RIs shall provide that if the property is not maintained in the condition required by the CCF, R's. then the City, after making due demand and giving reasonable notice, may enter the property and perform. at the owneris sole expense, any maintenance required thereon by the CCF, R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. ii. All parkways, open areas, and landscaping shall be permanently maintained by homeowner's association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. iii. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads. drives or parking areas shall be provided by CCF, R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. /~:26861-AR.VTM~ 9 51. S2. S3. SU... SS. The developer, or the developer*s successor, shall execute a current Public F~lttties Agreement with the City of Temecula which provides for the payment of the sum of money per residential unit then established by Resolution of the City Council, prior to the issuance of any building permits for any individual lots. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping. d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~61 and as approved by the City Engineer. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the City Engineering Department. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer, Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 56. A minimum centerline street grade shall be 0,50 percent. 57. Street improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. 58. The subdivider shall submit four prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2u," x 36" mylar by a Registered Civil Engineer. 59. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 60. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 61. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. 62. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 63. A copy of the improvement plans, grading plans and final map, along with supporting hydrolegic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the City Engineer permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. u,60 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Engineering Department. 65. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. Prior to final map, the subdivider shall notify the City's CATV Franchises of the intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. 67. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the ElR/Negative Declaration for the project. The Fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Concurrently, with executing A:26861-~R.V~ 11 this Agreement, ~Developer shall poet a bond to secure payment of the Public Facility Fee, 'The amount of the bond shall be $2.00 a square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this agreement, Developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this Project: provided that Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF GRADING PERMITS: 68. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plen fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 69. A permit shall be required from CalTrans for any work within the following right-d-way: State Hiqhway 79 PRIOR TO BUILDING PERMIT: 70. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 71. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The Fee to be paid shall be in the amount in affect at the time of payment of the fee, If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Concurrently, with executing this Agreement, Developer shall post a bond to secure payment of the Public Facility Fee. The amount of the bond shall be $2.00 a square foot, not to excaed $10.000. O.ve,op.r und.rstands that said A?;;;..;?., m.y r.qulr. th. payment of fees in excess of those now estimated g benefit to the project in the amount of such fees). By execution of this Agreement, Developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this Project; provided that Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. ~:2sa6~-aa.wM~ 12 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 72. Construct all street improvements as conditioned, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior private and public streets. 73. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Asphaltic emulsion (fog seal) shall be applied not less than lu, days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9u, of the State Standard Specifications. Transportation Enqineerinq PRIOR TO RECORDATION: 75. A signing and striping plan shall be designed by a registered Traffic Engineer, and approved by the City Engineer, for State Route 79 and "A" Street, and shall be included in the street improvement plans. 76. Prior to designing any of the above plans, contact Transportation Engineering for the design criteria. PRIOR TO ISSUANCE OF ANY ENCROACHMENT PERMITS: 77. A construction area traffic control plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 78. All signing and striping shall be installed per the City requirements and the approved signing and striping plan. 79. A stop sign shall be installed at the following location: "A" Street at State Hiqhway No. 79 80. A secondary paved access road shall be constructed with a 28' minimum width of asphalt concrete pavement within the dedicated right-d-way, in accordance with CalTrans and Riverside County standards, to the intersection of SR 79 and Lime Street or SR79 and Margarita Road to facilitate left turning movements on to and from SR79. 81. The developer shall contribute 50 percent (50%) of the cost for design and construction of the signal at the intersection of State Route 79 South and Lime Street minus the assessed traffic signal mitigation fee. /h26861-/~.~"M'~ 13 Department of Buildinq and Safety 82. Submit approved Tentative Tract Map to the Department of Building and Safety for addressing and street name review. 8:3. School fees shall be paid to Temecula Unified School District prior to permit issuance. 8~,. Lighting on site pool area and recreation area shall comply with Mount Palomar Lighting Ordinance #655. 85. Submit pool plans to Riverside County Health Department for review prior to structural plan review by the Department of Building and Safety. 86. Pool excavation area shall be fenced immediately the same day as excavation is complete. All plumbing trenches shall be fenced. 87. Obtain clearances from Land Use and from Building and Safety Departments. 88. Provide a geological report at time of submittal for plan review. 26861 -AR. ~ 14 MINUTE ACTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DATE: July 5, 1991 TO: Gary Thornhill City of Temecula Planning Department MEETING OF: July 2, 1991 AGENDA ITEM No.: Item 10 SUBJECT: Vesting Tentative Tract Map No. 26861 The motion was made by Councilmember Birdsall, seconded by Councilmember Moore to approve staff recommendation with the modification in the conditions of approval to remove "exterior building walls as well as" from Condition No. 30 and to add "exterior walls" to Condition No. 31. 10.1 Adopt the addendum to EIR No. 281 for Vesting Tentative Tract Map No. 26861. 10.2 Adopt a resolution entitled: RESOLUTION NO. 91-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VESTING TENTATIVE TRACT MAP NO. 26861 TO DEVELOP A 14.68 ACRE PARCEL INTO 142 SINGLE FAMILY DETACHED CONDO MINIUM UNITS LOCATED ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-925 The motion was carried by the following vote: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, DO HEREBY CERTIFY, under penalty of perjury, the forgoing to be the official action taken by the City Council at the above meeting. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 5th day of July, 1991. [SEAL] ITEM NO. 9 APPROVAL CITY ATTORNEY~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Councilmembers Marl~,~(~chenduszko, December 10, 1991 Assistant City Manager AUTHORIZATION TO PURCHASE SIXTH AND FRONT STREET PROPERTY RECOMMENDATION: It is recommended that: 1) The City Council authorize staff to conduct detailed negotiations and execute all necessary documents to purchase the vacant lot at the northeast corner of the intersection at Sixth and Front Streets at a price not to exceed $917, 100, plus the customary buyer's share of closing costs; 2) Adopt a resolution entitled Resolution 91 -_ amending the Fiscal Year 1991-92 budget to appropriate $925,000 for the purchase of Assessor's Parcel Number 922-023-020. STAFF REPORT: Staff recommends the purchase of this approximate 61,000 square foot parcel. The authorization should include approval of a purchase price not to exceed $917,100, plus the customary buyer's share of closing costs. The City will condition the purchase of the property with full releases relating to toxins and other conditions as appropriate. It is also recommended that a deposit of $5,000 be put into escrow and that if escrow cannot be closed due to the circumstances beyond the City's control, the seller will return the deposit to the City upon demand. Staff will use a local Temecula escrow company. FISCAL IMPACT: This purchase is part of the Redevelopment portion of the Capital Improvement Plan for 1991-92. The property will cost no more than $917,100, and will be repaid by redevelopment agency tax increment bond proceeds. Attachment: Resolution a:staffrnar.2 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1991-92 BUDGET TO APPROPRIATE $925,000 FOR TIlE PURCHASE OF ASSESSOR'S PARCEL NUMBER 922-023-020 The City Council of the City of Temecula does resolve, determine and order as follows: SECTION 1. That the FY 1991-92 Annual Budget of the City of Temecula is hereby amended to appropriate $925,000.00 from Unreserved Fund Balance to Account No. 001-199- 120-44-5700 for the purchase of land. SECTION 2. The City Clerk shall certify the adoption of this Resolution. APPROVED, PASSED AND ADOPTED, this 10th day of December, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEAL] 4/Resos224 ITEM NO. 10 ORDINANCE NO. 91-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCE AND ADOPTING STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90-04 adopted by reference portions of the non-codi~ed Riverside County Ordinances. On the effective date of this Ordinance, Ordinance No. 461 of the non-codified Riverside County Ordinances is hereby repealed. SECTION 2. The attached standard drawings for Public Works Construction are hereby adopted. They are to be used on all public works projects in conjunction with the standard specifications for public works Construction (Green Book). Any inconsistency between the standard drawings and the Green Book shall be resolved in favor of the Standard Drawings. SECTION 3. The City Clerk shall certify the adoption of this Ordinance. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 91-43 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of November, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of __, 1991, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 5/ords91-43 -2- EXHIBIT "A" PROPOSED LETTER TO THE CONSTRUCTION INDUSTRY To Developer, Engineer, or Contractor TO WHOM IT MAY CONCERN: The City of Temecula has assembled Standard Drawings for Public Works Construction and adopted the drawings by City Council as Ordinance 91- The Standard Drawings will become effective January 10, 1992, and will be available for purchase at the City of Temecula Public Works Counter for $17.50 per set, or $.25 per single sheet. To minimize any fiscal impact, projects or developments will be reviewed per the following guidelines: 1. Existing projects or developments with plans submitted prior to January 1 O, 1992 and signed by the City Engineer prior to March 1, 1992, shall be constructed utilizing the standards to which they were designed. 2. Projects or developments existing and under construction shall continue to be constructed utilizing the standards to which they were designed. 3. Projects or developments with plans submitted after January 10, 1992 shall be designed and constructed utilizing the City of Temecula Standards. 4. Projects or developments with plans which may have been submitted prior to January 10, 1992, and have not been signed by the City Engineer prior to March 1, 1992, shall be designed and constructed utilizing the City of Temecula Standards. Should you have any questions, please contact Mr. Mike Wolff, Senior Public Works Inspector, at (714) 694-6411. Sincerely, Tim D. Serlet Director of Public Works/City Engineer 16. Lots created by this subdivision shall comply with the following: 17. 18. Lots created by this subdivision shall be in conformance with the development standards of the Manufacturing - Service Commercial zone. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 19. The following notes shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy as outlined in the Southwest Area Plan. "Archaeological and paleontological monitoring of grading is required, and summary reports shall be submitted to the Planning Department prior to issuance of building permits." "Part of the site is located in the 100 year flood plain of Murrieta Creek. Measures to remove the project site from the flood plain are listed in the Conditions of Approval." "The site is traversed by a potentially active earthquake fault. The map includes a restricted use zone in which no structures for human occupancy are allowed." "The property is affected by earthquake faulting and ground fissures. Structures for human occupancy shall not be allowed in the Fault and Ground Fissure Hazard Area." S\STAFFRPT\24085 19 ITEM NO. 11 TO: FROM: DATE: SUBJECT: City Council Planning Department MEMORANDUM December 10, 1991 Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 Prepared By: Debbie Ubnoske Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 were previously before the City Council on October 8, 1991 and November 12, 1991. These items were continued both times at the applicants' request. The applicant is once again requesting a continuance to the January 14, 1991 City Council meeting. STAFF RECOMMENDATION: Staff recommends that the City Council continue Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 at the request of the applicant. bert c'Reirt , aWilliam cFrost c ssoci8tes PROFESBI,ZjINAL ENGINEERS PLANNEF~S & SURVE"rORS J.N. 25800 December 3, 1991 Honorable Mayor and Members of the City. Council City of Temecula 43174 Business Park Drive Temecula, CA 92590 Subject: Vesting Tentative Tract No. 25320 Dear Mayor Parks and Councilmembers: Vesting Tentative Tract No. 25320 is scheduled for hearing before the City Council on December 10, 1991. On behalf of Bedford Development Company, we respectfully request that this item be continued to the January 14, 1992 meeting to allow the City time to complete its independent appraisal of the property and determine the appropriate course of action. Thank you for your consideration. Sincerely, Robert B. Kemble Director of Planning Temecula Regional Office CC: June Greek - City Clerk Gary Thornhill - Planning Director Csaba Ko - Bedford Development Company RBK:dd ITEM NO. 12 MEMORANDUM TO: FROM: DATE: SUBJECT: City Council, City Manager Planning Department December 10, 1991 Tentative Parcel Map Nos. 24085 and 24086 Prepared By: Mark Rhoades The above projects were continued from the November 26, 1991 City Council meeting in order to allow staff the opportunity to review the projects relative to the time constraints mandated under the Permit Streamlining Act (ACT). Both of the projects were submitted to the County of Riverside in November of 1988. There is no record in either of the project files which would indicate a determination of complete or incompleteness which is required by the ACT within 30 days of the application submittal. The only action the County rendered was Land Development Committee (LoD.C.) hearings requesting additional information. An application is automatically deemed complete if the project proponent is not notified of a determination of incompleteness within that 30 day time period. After the application is deemed complete, the lead agency has 180 days to take an action (approve or deny) on a proposal. The two projects were transferred to the City of Temecula in April of 1990. At that point Staff continued to request some of the information that the County had asked for and in addition, information that the City Staff deemed important. As a result of the applicants response time in submitting some of the information (archaeology, revised slope stability) the projects did not go to a public hearing until October, 1991. As a result of the period of time involved with the processing of this application of Staff recommends that the City Council take action at tonights public hearing. STAFF RECOMMENDATION: Staff recommends that the City Council; vgw 1. ADOPT the Negative Declarations for Tentative Parcel Maps 24085 and 24086 and; APPROVE Resolution 91-_ approving Tentative Parcel Maps 24085 based on the analysis contained in the Staff Report and subject to the Conditions of Approval APPROVE Resolution 91-_ approving Tentative Parcel Maps 24086 based on the analysis contained in the Staff Report and subject to the Conditions of Approval S\PLANNING\24085-2zL086 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 25, 1991 Parcel Map No. 24085 PREPARED BY: RECOMMENDATION: APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: Debbie Ubnoske ADOPT the Negative Declaration for Parcel Map No. 24085; and ADOPT Resolution 91-_ approving Tentative Parcel Map No. 24085 based on the analysis contained in the staff report and subject to the attached Conditions of Approval. Rancho California City Center Association No. 1 NBS/Lowry To create 57 parcels on a 72.6 acre site Westerly side of Diaz Road, north of the future extension of Winchester Road Manufacturing-Service Commercial, (M-SC) S~STAFFRPT~24085.cc SURROUNDING ZONING: North: South: East: West: Manufacturing-Service Commercial, (M-SC) Manufacturing-Service Commercial, (M-SC) Manufacturing-Service Commercial, (M-SC) Manufacturing-Service Commercial, (M-SC) PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Not Requested Vacant North: Vacant South: Vacant East: Murrieta Creek West: Vacant Gross Site Area: Net Site Area: No. of Parcels: Average Parcel Size: Earthwork: 72.6 acres 55.9 acres 57 0.98 acres Cut = 363,000 yards Fill = 363,000 yards cubic cubic BACKGROUND: The proposed parcel map was given a recommendation of approval by the Planning Commission on October 21, 1991. The project was originally submitted to the County in November of 1988. The project was transferred to the City in April of 1991 where it has undergone additional review. The Planning Commission changed a condition of approval for the project relative to bus turnouts. At the Planning Commission meeting, concern was expressed by the City of Murrieta relative to potential traffic impacts. The Planning Commission expressed their desire to work with the City of Murrieta, however, the projects could not be continued indefinitely. The City of Murrieta is still several months away from a circulation plan which could address their issues. S\STAFFRPT~24085.cc 2 Additional issue areas contained within the Analysis Section of the Agenda Report dated October 21, 1991 are as follows: Fault Hazards, Liquefaction Potential, Flood Hazard, Drainage, Grading, Biological Impacts, Landscape and Architectural Standards, Water and Sewer Availability, Lot Line Adjustments and Street Realignments, Lot Size, Access, Archaeological Resources and Fossil Resources. FUTURE GENERAL PLAN, SWAP AND ZONING CONSISTENCY: Parcel Map No. 24085 is consistent with the Southwest Area Plan designation of the site for light industrial uses. The parcel map conforms to the requirements of the M- SC, Manufacturing-Service Commercial Zone. The project is consistent with existing and approved uses and subdivisions in the vicinity, and there is a reasonable probability that the project will be consistent with the Future General Plan. ENVIRONMENTAL DETERMINATION: The Initial Study prepared for Parcel Map No. 24085 indicates that the project will not have any impacts on the environment which cannot be mitigated to a level of insignificance, and Staff recommends adoption of a Negative Declaration. FINDINGS: The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercial- industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing-Service Commercial Zone, and existing land uses in the vicinity. There is not a likely probability of substantial detriment to , or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and Ordinance No. 460, Schedule 5. The site is suitable to accommodate the proposed land use in terms of the size S\STAFFRPT%24085 .cc 3 10. 11. and shape of the lot, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure. All lots have acceptable access to existing and proposed dedicated right-of- ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Staff recommends that the City Council: 1. ADOPT the Negative Declaration for Parcel Map No. 24085; and ADOPT Resolution 91- approving Tentative Parcel Map No.24085 based on the analysis contained herein and subject to the attached Conditions of Approval. Attachments: 2. 4. 3. Resolution Conditions of Approval TPM 24085 Planning Commission Minutes dated 10/21/91. Planning Commission Staff Report 10/07/91 A. Vicinity Map B. SWAP Map C. Surrounding Zoning D. Tentative Parcel Map 24085 S\STAFFRPT~24085,cc 4 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 24085 TO SUBDIVIDE A 72.6 ACRE PARCEL INTO 57 PARCELS AT THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL 909-120-022. WHEREAS, Rancho California City Associates I filed Parcel Map No. 24085 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on October 21, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan, (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: S\STAFFRPT\24085,cc 5 a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 24085 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, b) There is little or no probability of substantial detriment to or interference with the future S\STAI:FRPT~24085,cc 6 adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7,1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for aCCeSS Or for use will be provided and that they will be substantially equivalent to ones previously acquired by the S~STAFFRPT~24085.cc 7 public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The City Council in Approving approval the proposed Tentative Parcel Map, makes the following findings, to wit: The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercial-industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing- Service Commercial Zone, and existing land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and Ordinance No. 460, Schedule "E". The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or S\STAFFRPT~24085 .cc 8 substantially and avoidable injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure, All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Parcel Map No. 24085 for the subdivision of a 72.6 acre parcel into 57 parcels located at the westerly side of Diaz Road north of the future extension of Winchester Road, and S~STAFFRPT~24085 ,co 9 known as Assessor's Parcel 909-120-022 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ,1991. RONALD J PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the __ day of , 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK S\STAFFRPT~24085.cC 10 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: Project Description: Assessor's Parcel No.: 24085 To create 57 parcels on a 72.6 acre site 909-120-022 Planning DeDartment The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule "E", unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map, Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer, Easements, when required for roadway slopes, drainage facilities, utilities, etc,, shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to S~STAFFRPT~24085.cc 11 10. 11. 12. 13. 14. all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. B, Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated September 17, 1991, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated November 16, 1990, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated June 5, 1991, a copy of which is attached. The applicant shall comply with the slope stability recommendations outlined in the County Geologist's transmittal dated September 6, 1989, a copy of which is attached. The applicant shall comply with the recommendations outlined in the County Geologist's transmittal dated October 16, 1989, a copy of which is attached. 15. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated July 3, 1991, a copy of which is attached. 16. Lots created by this subdivision shall comply with the following: A. Lots created by this subdivision shall be in conformance with the S\STAFFRPT~24085.cc 12 17. 18. development standards of the Manufacturing - Service Commercial zone. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 19. The following notes shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy as outlined in the Southwest Area Plan. "Archaeological and paleontological monitoring of grading is required, and summary reports shall be submitted to the Planning Department prior to issuance of building permits." "Part of the site is located in the 100 year flood plain of Murrieta Creek. Measures to remove the project site from the flood plain are listed in the Conditions of ApprOval." "The site is traversed by a potentially active earthquake fault. The map includes a restricted use zone in which no structures for human occupancy are allowed.'" "The property is affected by earthquake faulting and ground fissures. Structures for human occupancy shall not be allowed in the Fault and Ground Fissure Hazard Area." "County Geologic Report No. 627 was prepared for this property on June 7, 1989 by Schafer Dixon Associates, and is on file at the Riverside County Planning Department. Specific items of concern are as follows: earthquake faulting, fissuring and ground subsidence, liquefaction, landsliding, and uncompacted trench backfill." S\STAFFRPT~24085.cc 13 20. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: 21. 22. 23. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. Prior to the issuance of grading permits a qualified archaeologist shall conduct a stratified surface sampling of archaeological site CA-RIV 237 and shall excavate 20 to 30 one cubic meter cubsurface units to determine the depth, spatial extent, and significance of the site. Based on the results of these tests, the extent of further sampling and data collection will be determined. A qualified archaeologist shall also monitor grading activities and shall have the authority to temporarily halt or redirect grading activity to allow recovery of cultural resources. A Native American representative shall be present during archaeological testing and during grading and shall also have the authority to temporarily halt or divert grading activity. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. A paleontologist shall be on-site to monitor grading operations. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: S\STAFFRPT~24085,ce 1 ~t 24. 25. 26. Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Roof-mounted equipment shall be shielded from view of surrounding property. All street side yard setbacks shall be a minimum of 25 feet with at least 10 feet landscaped. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection and certified in writing by the landscape architect. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required wall shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate Stephens Kangaroo Rat Habitat Mitigation fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 24085, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense, If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. S\STAFFRPT~24085.cc 15 27. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Electrical lines rated 33kv or greater shall be exempted from the requirement to be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 28. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: A. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. The landscape and architecture standards shall be incorporated by reference into the CC&R's. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to S~STAFFRPT~24085.cc 16 29. 30. a lien in favor of the City to secure any such expense not promptly reimbursed. (1) All parkways, open areas, and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. (2) Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar $25,00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). S\STAFFRPT~24085.cc 17 31. Prior to recordation of the final map, the applicant shall obtain approval of and record all lot line adjustments, street vacations, and dedications to reflect the realignment of the future right of way of Winchester Road. Department of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 32. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; and Parks and Recreation Department. 33. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 34. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. 35. Winchester Road shall be improved with 38 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 65' dedicated right-of-way in accordance with County Standard No. 101 (38'/50'). S~STAFFRPT~24085.cc 18 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Diaz Road shall be improved or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 101 (76'/100'). Streets "A", "B" and "C" shall be improved, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 111 (56'/78'). Avenida de Ventas and Street "D" shall be improved with 28 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 51' dedicated right-of-way in accordance with County Standard No. 111 (28'/39'). If construction is to be phased, the landowner/developer shall acquire sufficient public offsite rights-of-way to provide for secondary access road(s) to a paved and maintained road as may be needed. Said access road(s) shall be constructed in accordance with County Standard No. 106, Section B, (32'/60') at a grade and alignment approved by the Department of Public Works. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Vehicular access shall be restricted on Winchester Road and Diaz Road and so noted on the final map with the exception of driveway openings and public street intersections as approved by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage if required shall be delineated or noticed on the final map. Where applicable, an easement for a joint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first, especially on Winchester Road and Diaz Road. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. S\STAFFRPT~24085 .cc 19 46. 47. 48. 49. 50. 51. 52. 53. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and parks). D. Sewer and domestic water systems. E. All trails, as required by the City's Master Plans. F. Undergrounding of proposed utility distribution lines. The street design, grading and improvement concept of this project shall be coordinated with Assessment District 155 and adjoining development. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the Department of Public Works, Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit, Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 500 feet or as approved by the Department of Public Works. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works, Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment S\STAFFRPT~24085 .cc 20 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). The subdivider shall submit two prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The report shall also address setback requirements for fault line areas. The subdivider shall submit two copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 64. The subdivider shall protect downstream properties from damages caused by S~STAFFRPT~24085 .cc 2 1 alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 65. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Flood Damage Prevention Ordinance 91-12 of the City of Temecula and the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. 66. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. 67. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 68. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 69. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of- way. 70. An application for Development permit shall be submitted per Flood Damage Prevention Ordinance 91-12 of the City of Temecula. All requirements of this ordinance shall be complied with as directed and approved by the Department of Public Works. 71. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 72. A permit from the County Flood Control District is required for work within its right-of-way. 73. The subdivider shall submit a haul route plan, including but not limited to, specific information related to truck loads, destination, permission and S\STAFFRPT~24085.cc 22 clearance letters as requested. PRIOR TO BUILDING PERMIT: 74. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 75. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 76. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to 'the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 77. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 78. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction, Traffic control plans shall be provided as directed by the Department of Public Works, and may be required S\STAFFRPT~24085.cc 23 to be prepared by a registered Civil Engineer. 79. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 80. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street improvement plans. 81. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Avenida de Ventas at Diaz Road and Avenida de Ventas at Winchester Road, and shall be included in the street improvement plans with the second plan check submittal. 82. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The percent of costs and the warrants for these signals shall be as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 83. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass corridor as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 84. "Prior to recordation of the Final Map, developer shall provide bus turnouts with pedestrian entrances as approved by Riverside Transit Authority and the Department of Public Works. Turnouts shall be shown on the Street Improvement Plans." S~STAFFRPT\24085.cc 24 PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 85. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 86. All traffic signals, signing and striping shall be installed and operational per the approved plans and as directed by the Department of Public Works per the approved focused traffic analysis. 87. All landscaping installation within corner cutoff areas at all intersections and adjacent to all driveways shall provide for adequate site distance. 88. Stop signs shall be installed within the project site at the intersection of local streets. 89. Diaz Road shall be striped with left turn pockets at each intersection adjacent to the project. S~STAFFRPT~24085 .cc 2 5 PLANNING COMMISSION MINUTEB8 OCTOBER 2l, 1991 and hearing the testimony, he would feel comfortable with sending forth a recommendation to the Council that they approve this map. Mr. Hoagland added that the Council could deny the recommendation based on the information they receive. DOUG STEWART stated that the city is planning on going out with a request for qualifications on certain issues of the western by-pass corridor that only affect Temecula. The request is going to look at an alignment study and intersection study. There is an opportunity for the City of Murrieta to join us in the study and add how the by-pass corridor could affect their proposed circulation element. Mr. Stewart added that he was not sure how long that would take; however, he did not see a quick decision on this from the City of Murrieta for a couple of months. COMMISSIONER FORD stated that he had no problems with the first two maps (PM 24085 and 24086); however, he still has a problem with the grading on the other two maps. COMMISSIONER FAREY concurred that she too expressed a concern for the grading. 10. PARCEL MAP 24085 3.0.1 Proposal to create 57 commercial/industrial parcels on a 73 acre site in the M-SC zone. Located on the westerly side of Diaz Road, north of the future extension of Winchester Road. COMMISSIONER FORD moved to close the public hearing at 9:00 P.M. and recommend that the City Council Adopt the Negative Declaration for Parcel Map No. 24085 and Adopt Resolution 91-[next) approving Tentative Parcel Map No. 24085 with modifications to Condition 19 relating to earthquake faulting and notification of geological testing and Transportation Condition 84 added, as noted .above, seconded by COMMISSIONER FAREY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff 11. PARCEL MAPB 24086 PC/v~IO/'21/91 -12- 10/23/91 STAFF REPORT - PLANNING CITY OF TEMECULA. PLANNING COMMISSION October 7, 1991 Case No.: Parcel Map No. 24085 Prepared By: Scott Wright Recommendation: ADOPT THE NEGATIVE DECLARATION; AND ADOPT RESOLUTION 91- RECOMMENDING APPROVAL OF PARCEL MAP NO. 24085 APPLICATION INFORMATION APPLICANT: Rancho California City Center Association No. I REPRESENTATIVE: NBS/Lowry PROPOSAL: To create 57 parcels on a 72.6 acre site LOCATION: Westerly side of Diaz Road, north of the future extension of Winchester Road EXISTING ZONING: Manufacturing-Service Commercial, (M-SC) SURROUNDING ZONING: North: South: East: West: Manufacturing-ServiceCommercial, (M- SC) Manufacturing-ServiceCommercial, (M- SC) Manufacturing-ServiceCommercial, (M- SC) Manufacturing-ServiceCommercial, (M- SC) PROPOSED ZONING: Not Requested EXISTING LAND USE: Vacailt S\STAFFRPT\24085 I SURROUNDING LAND USES: North: Vacant South: Vacant East: Murrieta Creek West: Vacant PROJECT STATISTICS: Gross Site Area: Net Site Area: No.' of Parcels: Average Parcel Size: Earthwork: 72.6 acres 55.9 acres 57 0,98 acres Cut = 363,000 yards Fill = 363,000 yards cubic cubic BACKGROUND: Tentative Parcel Map No. 24085 was submitted to the County on November 22, 1988. The application was continued at the Land Development Committee (LDC) meeting of January 12, 1989 pending submittal of paleontological and biological surveys, additional grading information, geology and liquefaction reports, flood plain information, and a traffic study, The LDC continued Parcel Map No. 24085 at four subsequent meetings, pending clearance from the County Geologist and the County Traffic Engineer, submittal of a paleontological report, submittal of a slope stability report, additional information regarding liquefaction, and clearance of the biological survey. Parcel Map No. 24085 was transmitted to the City on April 11, 1990. City Staff requested a copy of the geologic report showing a restricted use zone, a traffic study, an archaelolgy report, information regarding property boundaries and the alignment of Winchester Road, and landscape and architecture standards. PROJECT DESCRIPTION: The proposal is to create 57 parcels with an average parcel size of approximately one acre on a site with a gross area of 72.6 acres. There is an open space area 150 feet in width reflecting the restricted use S\STAFFRPT\24085 2 ANALYSIS: zone recommended in the geologic report. The easterly side of the site comprises a Murrieta Creek channel easement and a flood control easement to the County of Riverside. Traffic ImOacts Future development of the site of Parcel Map No. 24085 is expected to generate 5,340 vehicle trip ends per day. The traffic study prepared in conjunction with the project determined that projected future traffic based on existing traffic, project generated traffic, and traffic generated by other growth in the area will result in a peak hour Level of Service D or better at all intersections within the scope of the traffic study if recommended improvements are implemented. The recommendations include contributing to the extension of Diaz Road, providing traffic signals at certain intersection, contributing to the signalization of other intersections, providing a signing and striping plan, and contributing to the construction of the Overland overcrossing and the restriping of Winchester Road to six lanes. These improvements are incorporated in the Conditions of Approval. Fault Hazards The site is traversed by a potentially active fault which was previously unmapped. The geologic report prepared in conjunction with the parcel map defines a fault zone with two branches and recommends the establishment of a restricted use zone to include observed faults, their in-line projections, and a buffer zone. The larger branch of the restricted use zone is shown on the tentative parcel map as an open space area 150 feet in width. No habitable structure shall be constructed within either branch of the restricted use zone. S\STAFFRPT~24085 3 Liauefaction Potential Liquefiable soils are present in the lower lying portion of the site. Liquefaction may induce surface subsidence on the site in the range of 0.1 to 1.4 inches. The geologic report recommends that thte effects of liquefaction, including the loss of bearing capacity, surface subsidence, and lateral spreading be re-evaluated for each individual structure on the site when grading and building plans become available. Soils reports addressing the issues delineated above shall be a condition of approval of the subject parcel map and of any future development proposals on the site. Flood Hazard A portion of the proposed parcels are located within the 100 year flood plain limits of Murrieta Creek. Measures to remove the project from the 100 year flood plain are listed in the Conditions of Approval (see County Flood Control District letter of November 16, 1990). Drainaoe The site is located within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan and payment of drainage fees is required. All lots are required to drain toward adjacent streets or an adequate outlet approved by the City Engineer. Parcel Map 21383 is located adjacent to and upslope from the site. If development of the subject property occurs before development of the site of Parcel Map No. 21383, adequate inlet facilities shall be constructed to collect all tributary flows and convey them to Murrieta Creek. On-site grading shall be designed to penetrate existing tributary drainage areas and outlet points, and development of the subject and adjacent properties shall be coordinated S\STAFFRPT~24085 4 to ensure that water courses remain unobstructed and that stormwaters are not diverted from one watershed to another. The site, including each phase if phasing occurs, shall be protected from 100 year tributary storm flows. Gradina Parcel Map No. 24085 will involve 363,000 cubic yards of cut and fill. Cut slopes will be up to 25 feet in height, and fill slopes be up to 10 feet high. Some cut will penetrate into the Pauba formation which consists of sandstone and siltstone. No cut or fill slopes will exceed a slope ratio of 2:1. The slope stability report determined that the proposed 2:1 cut slopes will be grossly stable to a maximum height of 29 feet, and surficial erosion potential should be mitigated by directing drainage away from the slope faces and installing landscape planting on the slopes. The recommendations of the slope stability report are included in the conditions of approval. Bioloeical Imoacts Biological surveys of the site found no evidence of the presence of any plant or animal species classified as rare or endangered. The project will involve the loss of foraging habitat for a number of species of birds, reptiles, and mammals. This is an incrementally adverse but regionally non-significant impact which is mitigated by the retention of an open space park area in the larger restricted use zone. Further mitigations may be required by State and Federal resource agencies relative to channel improvements for Murrieta Creek. The use of native California shrubs and trees in the landscaping will enhance reoccupation of the bird community. S\STAFFRPT~24085 5 Landscape and Architectural Standards The applicant has provided a set of landscape and architectural standards to ensure that development of the site maintains a consistent level of quality. Conformity with the lanscape and architechural standards will be required of all future development of the site. Water and Sewer Availability Water and sewer service will be available from the Rancho California Water District upon completion of financial arrangements between the property owner and the District. Lot Line Adiustments and Street Realignments The formation of Assessment District 155 included a realignment of the right of way for the future extension of Winchester Road west of Diaz Road. Since the centerline of the right of way constituted the boundary between properties, the realignment resulting in changes to property boundaries. The subject parcel map was affected by a realignment resulted in changes to property boundaries. The subject parcel map was affected by a realignment of Winchester Road at the intersection with Avenida de Venta. In order to prevent discrepancies in the legal descriptions of the property at the time of recordation of the map, Staff has required that the applicant and other affected property owners eliminate the discrepancies by filing lot line adjustments, street vacations, and offers of rededication reflecting the new alignment of Winchester Road and the resulting changes in property boundaries. These requirements shall be completed prior to map recordation. S\STAFFRPT~24085 6 Lot Size All proposed lots encompass approximately one acre and are adequate to satisfy the minimum lot size of 7,000 square feet where sewers are available. All lots are over 100 feet wide and meet the minimum width requirement of 65 feet where sewers are available. Access All proposed parcels abut upon a street offered for public dedication. Access to the site is taken from Diaz Road and from the future extension of Winchester Road west of Diaz Road through streets "A", "B" and "C". No parcels shall take direct access from Winchester Road or Diaz Road. Archaeological Resources The site of Parcel Map No. 24085 contains a recorded archaeological site (CA-RIV~237) which is believed to encompass approximately 70,000 square meters, part of which is outside of the subject property. During an archaeological surface survey of the site conducted in June of 1991, many pieces of basalt and quartz debitage, fragmented manos and metares, fire-affected rocks, pestles, hammerstones, and fragments of bowls and pottery were observed. The recommendations of the Archaeological Assessment are to conduct a surface collection of the site and to excavate a sufficient number of one cubic meter subsurface units to determine the depth, spatial extent, and significance of the site. The resulting information shall be used to determine what additional measures may need to be implemented to preserve cultural resources prior to grading. The Archaeological Assessment also includes the recommendation that an archaeologist be consulted S\STAFFf~T~24085 7 FUTURE GENERAL PLAN, SWAP AND ZONNING CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: for any future grading activities. These recommendations shall be incorporated as Conditions of Approval for Parcel Map No. 24085. In addition, a Native American representative shall be present during the archaeological excavation and also during grading. Fossil Resources The site is located in the fossiliferous Pauba Formation. In accordance with the recommendation of the San Bernardino County Museum, the subdivider shall retain a paleontologist to monitor grading operations, evaluate any fossils encountered during grading, prepare a report of findings, and provide for preservation and curation of recovered specimens. Parcel Map No. 24085 is consistent with the Southwest Area Plan designation of the site for light industrial uses. The parcel map conforms to the requirements of the M-SC, Manufacturing-Service Commercial Zone. The project is consistent with existing and approved uses and subdivisions in the vicinity, and there is a reasonable probability that the project will be consistant with the Future General Plan. The Initial Study prepared for Parcel Map No. 24085 indicates that the project will not have any impacts on the environment which cannot be mitigated to a level of insignificance, and Staff recommends adoption. of a Negative Neclaration. The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. S~STAFFRPT\24085 8 There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercial-industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing- Service Commercial Zone, and exising land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and Ordinance No. 460, Schedule "E". The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. S~STAFFRPT~24085 9 The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. 10. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. 11. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Staff recommends that the Planning Commission make the following recommendation to the City Council: ADOPT the Negative Declaration for Parcel Map No. 24085; and ADOPT Resolution 91 - approving Tentative Parcel Map No.24085 based on the analysis contained herein and subject to the attached Conditions of Approval. Attachments: 2. 3. 4. Resolution Conditions of Approval Environmental Assessment Exhibits A. Vicinity Map B. SWAP Map C. Surrounding Zoning D. Tentative Parcel Map 24085 vgw S%STAFFRPT%24085 10 RESOLUTION NO. 91-102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PARCEL MAP NO. 24085 TO SUBDIVIDE A 72.6 ACRE PARCEL INTO 57 PARCELS AT THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL 909-120-022. WHEREAS, Rancho California City Associates I filed Parcel Map No. 24085 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on October 7, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hea ring, the Commission recommended approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: S\STAFFRPT~24085 1 I a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 24085 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. S\STAFFRPT~24085 12 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development, e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will S~STAFFRPT~24085 13 be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercial-industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing- Service Commercial Zone, and exising land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and Ordinance No. 460, Schedule "E". The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuarations, access, and density. S\STAFFRPT~24085 1 at The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public hearlth, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference, E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2.,. Environmental ComPliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. S\STAFFRPT\24085 15 SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends that the City Council approve Parcel Map No. 24085 for the subdivision of a 72.6 acre parcel into 57 parcels located at the westerly side of Diaz Road north of the future extension of Winchester Road, and known as Assessor's Parcel 909-120-022 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 21st day of October, 1991. JOHN E. HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 7th day of October, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: I PLANNING COMMISSIONERS ABSTAIN: 1 PLANNING COMMISSIONERS S\STAFFRPT~24085 16 Water July 3, 1991 City of Temecula Engineering Department 43180 Business Park Drive Temecula, CA 92592 SUI~IEC'~F: Water and Sewer Availability Parcel Map 24085 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water and sewer service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Currently, RCWD has an inter-agency agreement with Eastern Municipal Water District to provide sewer service to your area. All plan check submittals will be made to RCWD. Water availability would be contingent Upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If RCWD can be of further service to you, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Manager of Development Engineering SB:SD:ajw116 cc: Senga Doherty, Engineering Technician Background CITY OF TEMECULA PLANNING DEPARTMENT \ INFEIAL ENVIRONMENTAL STUDY / / Name of Proponent: Address and Phone Number of Proponent: Date of Environmental Assessment: '\, Agency Requiring '\ Assessment: "\ Name of Proposal, if applicable: Location of Proposal: / Environmental linDacts NBS Lowry '\\ 27403 Ynez Road,/Suite 209 \, Temecula. CA 92390 (~1'4) 676-6225 August 21 ."1991 CITY OF TEMECULA \. Parcel Mao Nos. 24085 and 24086 \\ '\,, S~)uthwesterlv of Diaz Road boun~ed \by the future extension of Winchester~ / Road on the northwesterly and southwesterly sides of the site. (Explanations of all answers are provided on attached sheets.) / Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? Yes Maybe No X _ _ Disruptions, displacements. compac- tion or overcovering of the soil? X X S~bstantial change in topography or ground surface relief features? S~STAFFRPl'~24085 COUNTY OF RIVEREIDE DEPARTMENT OF HEALTH 4065 COUNTY CIRCLE OR. RIVERSIDe., CA. 92503 (Miilin~ Address - P.O. Box 7600 92515-7600} FAX (TI4} 3S&.4S21 .September 17, 1991 CITY OF TEMECULA PLANNING DEPARTMENT 43174 BUSINESS PARK DRIVE TEMECULA, CA 92590 ATTN: Scott Wright: RE: PARCEL MAP NO. 24085: BEING A PORTION OF PARCEL 3 OF PARCEL MAP N0. 4646 P.M. 6175 RECORDS, RlVra~SlDE COUNTY, CALIFORNIA. (57 lots) Dear Gentlemen: The Department of Public Health has reviewed Parcel Map No. 24085 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prlnts of the plans of the water system shall be submitted in triplicate, with a m~nzmum scale not less than one lnch equals 200 feet, along with the original drawing to the City of Temecula. The prlnts shall show the internal pipe diameter, locatlon of valves and fire hydrants; pipe and aolnt specifications, and the size of the main at the 3unction of the new system to the existing system. The plans shall comply zn all respects wzth Div, 5, Part 1, Chapter 7 of the California Health and Safety'Code, California Administrative Code, Title 22, Chapter 18, and General Order No. 103 of the Public Utzlities Commission of the State of Callfornfa, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Parcel Map No. 24085, is in accordance wlth the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Parcel Map". C~ty of Temecula Page Two Atti~ !?l:;jtt Wright Sr, ptember 17, 1991 This certification does not constitute a guarantee that it will supply water to such Parcel Map at any smeclflc quantities, fiow~ or pressures for fire protection or any other Ourpose", Thl~ certlflcatxon shall be signed bv resoonsxble official of the water company, Ih~_,R!AR~_.~J!~t._h~ ~.~ s~_.. ~.._~%_._~..L.~.Q..L.~.. ~h~__E~_~U_e.~.L__f-~_.3=b.e._C~t~ r ~_~.~ On. ~he.~ ~ na i..._~ This subdivision has a statement from the Rancho Cal~fornia Water D~strlct agreeing to serve domestic water to each and every lot in the subdivision on demand provld~ng satisfactory f~nanclal arrangements are completed w~th the subdivider, It w~ll be necessary for flnanclai arrangement~ to be made prior to the recordatlon of the f~nal map, This subdivision ~s within the Eastern Municipal Water D~strict and shall be connected to the ~ewers of the DIstrict, The sewer system shall be Installed according to plans and specifications as approved by the District, the City of Temecula and the Health Department, Permanent prints of the plans of the sewer system shall be ~ubmltted ~n triplicate, along with the original drawing, to the City of Temecula, The prints shall show the ~nternal plpe diameter, location of manholes, complete profiles, p~pe and 3o~nt specificat~ons and the size of the sewers at the Junction of the new system to the existing system, A s~ngle plat Indicating location of ~ewer lines and water l~nes shall be a portion of the sewage plans and prof~le~. The plans shall be signed by a registered engineer and the sewer district with the following certification: "l certify that the design of the sewer system in Parcel Map NO, 24085 ~s ~n accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal ~ystem is adequate at this time to treat the antlc~pated wastes from the proposed parcel map," :iiVE:i)iDE county PL nn;n6 DEhtRClTIEnC October 16, 1989 Schaefer Dixon Associates 23 Mauchly Irvlne, CA 92718 Attention: Mr. Paul Davis Mr. Nicholas F. Selmeczy Mr. Michael L. Leonard, Sr. SUBJECT: Seismic-Geologic/Liquefaction Hazard Project No. 9R-4332C Tentative Parcel Maps 24085 and 24086 APN: 909-120-020,022 County Geologic Report No. 627 Rancho California Area Gentlemen: We have reviewed the seismic-geologic aspects of your report entitled 'Report on GaDtechnical Investigation, Assessment District No. 155, Parcel Map 24085, 24086, 21029, 21382, and 21383, Rancho California, Riverside County, CA," dated June 7, 1989 and your responses to County Geologic Review, dated August 15, 1989 and September 21, 1989. It should be noted that previous reports prepared for this property were entitled 1.) 'Preliminary GaDtechnical Investigation, Proposed Industrial/Commercial Site, West of Cherry Street and Olaz Road, A.D. No. 155, Rancho California, Riverside County, CA' by Leighton and Associates, dated June 23, 1986, and 2.) "Engineering Geologic Investigation of Faulting and Anticipated Alluvial Removals, Proposed Industrial/Commercial Site, AO No. 155, Rancho California, Riverside County, CA,' by Leighton and Associates, dated August 18, 1987. This report did not recognize or address the potential for ground ftssuring in the area, which occurred in late 1987. It is understood that your report now supercedes these previous reports for the subject property. Your report detemlned that: The surface trace of a previously unmapped, through going fault extends northwest-southeast across the center of the property. A short branch of this fault trends more northerly, coincident with a strong photolineament and the 1987 ground fissure. These faults are delineated on Plate 1, Geotechntcal Map, revised 8-15-89/9-21-89, in your report. 2. These faults are considered to be active in accordance with State of California, Division of Hines and G~ulogy criteria. 3. The Willard fault traces located at higher elevations on the westerly portion of the site are Judged to be pre-Holocene in age. 4080 LEMON STREET, 9"' FLOOR RIVERSIDE. CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET. ROOM 304 INDIO. CALIFORNIA 92201 (619~ 342-8277 Schaefer Dtxon Associates - 2 - October 16, 1989 The Whittter-Elstnore fault zone is considered capable of the highest ground motions at the site, A ZOO-year probable magnitude earthquake of 6,3 on this fault would result In a peak horizontal ground acceleration of 0,41g at the stte. Ltquefiable and marginally 11queftable zones are present tn the lower-lying portton of the site, below a depth of approximately 15 feeS. The 11quellable areas are delineated on Plate 1, Geotechnical ~ap, revtsed 8-15-89/9-21-89. Surface subsidence may be tnduced by liquefaction and the settlement is estimated to be in the range of 0.1 inch to 1.4 inches, however reduction of bearing capacity for shallow spread footings is not anticipated. The potential for lateral spreading is considered low based on the present geometry of the Murrteta Creek Channel relative to the liqueftable zones at the site. 7. The potential for selches, earthquake-induced flooding and lurching is considered to be extremely low at this site. 8. The mapped landslide at the northwest portion of the property is a shallow, surftcial failure. Ground Ttssuring will most likely occur along the establish traces of historic and Holocene fault displacements. It is not expected that ground fissures will occur in portions of the property away from pre-exlsting Holocene faults. Your report recommended that: No habitable structures shall be placed acrossed the active (Holocene) faults and ground fissures· A Restricted Use Zone (R.U.Z.) shall be established to include the observed faults, their ln-ltne projections and buffer zone. The total width and extent of the R.U.Z. is shown on Plate 1, Geotechntcal Map, revised 8-15-89/9-21-89. The effects of soil liquefaction, including loss of bearing capacity, surface subsidence and lateral spreading shall be re-evaluated for each Individual structure on the stte when gradtng and butldtng plans b~come available. The napped landslide at the northwest portion of the property shall be deltnelted on the project gradtrig plans. In addition, the disturbed surftclal materials shall be completely remo~!d during grading, in conformmnce with standard earthwork precttcer. Schaefer Dixon Associates - 3 - October 16, 1989 Recomnendations for removing the uncontrolled fill from the exploratory trenches, and for placement of structures adjacent to or astride any of these trenches, should be specifically provided as part of the geotechnical grading plan review report for the subject projects. 6. Final plans and specifications should be reviewed by the geotechnical consultant prior to site construction. It is our opinion that th~ report was prepared in a competent manner and satisfies the additional information requested under the California Environmental Quality Act review and the Riverside County Comprehensive General Plan. Final approval of the report is hereby given. We recomend that the following conditions be satisfied before recordatton of Tentative Parcel Naps 24085 and 24086 and/or issuance any County permits associated with this project: The recommended Restricted Use Zone shown on Plate 1, Geotechnical Nap, revised B-15-89/9-21-89 in the report shall be delineated on the project maps and/or Environmental Constraints Sheet (E.C.S.). The areas within the Recomnended Restricted Use Zone shall be labeled 'FAULT AND GROUND FISSURE HAZARD AREA.' 2. The following notes shall be placed on the E.C.S. and/or Subdivision maps: ' (a) "The property is affected by earthquake faulting and ground fissures. Structures for human occupancy shall not be allowed in the Fault and Ground Fissure Hazard Area." (b) "County Geologic Report No. 627 was prepared for this property on June 7, 1989 by Schafer Dixon Associates, and is on file at the Riverside County Planning Department. Specific items of concern are as follows: earthquake faulting, flssuring and ground subsidence, liquefaction, landsliding, and uncompacted trench backfill.' 3. The E.C.S. and/or project maps shall be sulmttted to the Planning Department Engineering Geologist for review and approval, 4. The exploratory trench beckfill shall be addressed by the project geotechntcal engineering prior to Issuance of grading permits. Liquefaction reports for individual structures sbell be submitted to the Planning Department Engineering Geologist for review and approval prior to Plot Plan approval. .. Schaefer Dixon Associates - 4 - October 16, 1989 -.. The reconrnendatlons made in your report for mitigation of Seismic/geologic hazards shall be adhered to in the design and construction of this project. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. S/~/eeter - Planning Dt,rector StYyen .A, Kupferman ' .' Engineering Geologist ,~/ CEG-1205 SAK:al c.c. Johnson & Johnson, Inc. - Dean Allen CDMG - Earl Hart Building & Safety (2) - Norm Lostbom John Chtu - Team I September 6, 1989 DIleA~ITMeNTAL LITTIll COUNTY' DF RIVERSIDE PLANNING DEPARTNENT FROM: RE: John Chtu - Team 5 Steven A. Kupfennan - Engineering Geologist Tentative Parcel Maps 24085 and 24086 Slope Stability Report No. 149 The following report has been reviewed relative to slope stability at the subject site: 'Slope Stability Assessment, Tentative Parcel Maps 24085, 24086, Rancho California, Riverside County, CA,' by Schaefer 0txon Associates dated August 16, 1989. This report determined that: Tentative Parcel Map 24085 will be graded with cut slopes ranging up to 25 feet high and ftll slopes approximately 10 feet high, both at 2:1 (horizontal: vertical). Tentative Parcel Map 24086 wilT be graded with 2:1 (H:V) cut and fill slopes less than 30 feet high. The Pauba fonmtton in the planned cut ares consists primarily of moderately hard to hard, moderately fractured, locally friable sandstones and siltstones. Proposed cut slopes made in Pauba fornatton sediments, having fa.rabl.-orl.nt, bedd ..V ,1...s. are .xpect be grossly stable at 2:1 (H:V) to a maxtmm ght of 29 feet. 5. Surftcial erosion is possible in both cut and fill slopes of granular Pauba forration materials. This report recommended that: 1. Cut slope excavations should be observed during grading by the project engineering geologist· John C~tu September 6, 1989 Dralnage on cut and f111 slopes should be dlrectnd a~ey froe the slope face, Dratnage devtces should be constructed as per the Untfom Bu41d(ng Code, 3. Proper landscaping should be establ(shed 1minedlately after construction and mtntatned. 4. Slope ~ash and topsot1 mtertals exposed tn cut slopes should be removed and replaced ~!th compacted f111 materials, This report satisfies the General Plan reclutrement for · slope stability report. the recoeaendatlons made In this report should be adhered to in the destgn and construction of this project. SAK:al FIRF, DEPARTMENT 210 WEST SAN JACINTO AVENUE * PERRIS, CALIFORNIA 92370 (714) 657-3183 GLEN J. NEWMAN FIRE CHIEF -June 5, 1991 TO: ATTN: RE: CITY OF TEPLECULA PLANNING DEPT PARCEL MAP 24085 AMD With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The water mains shall be capable of providing a potential fire flow of 5000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for 2 hours duration at 20 PSI residual operating pressure. Approved super fire hydrants, (6"x4"x2½"x21") shall be located at each street intersection and spaced not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a fire hydrant. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Michael E. Gray, Fire Captain Specialist MEG / tm PLANNING DIVISION f'l RIVERSLDE OFF1CE 3760 12th Sob:t, Ri,,~ni&,, CA 92501 (714) 2754777 * FAX (714) 369.7451 f'l TEMNCULA OFFICE 41002 Coun~ G:nm. Drln, Suite 225, Tem~:ula. CA 92390 (714) 694-5070 '* FAX (714) 694-5076 City of Temecula Re: Parcel Map 24085 Amended No. 3 Dated August 7, 1990 -6- November 16, 1990 The applicant's engineer should contact the District's Plan Check section to schedule a pre-design meeting before the engineer starts detailed project design. 22. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District via the Transportation Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. Questions concerning this matter may be referred to the Subdivision section of this office at 714/275-1210. Very truly yours, o Civil Engineer ~ · NBS/Lowry ZS:slw RECE!VE_P,, ':"" RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 16, 1990 City of Temecuia Post Office Box 3000 Temecula, CA 92390 Attn: Planning Department Scott Wright Ladies and Gentlemen: Parcel Map 24085 Amended No. 3 Dated August 7, 1990 This is a proposal to divide 72.6 acres into commercial parcels in the City of Temecula. The site is located west of Diaz Road about 1100 feet south of Winchester Road. This property is located adjacent to Murrieta Creek and approximately one half of the parcels are located within the year flood plain limits of the creek. 100 The District is currently developing a final design for improvement of Murrieta Creek with the assistance of a seven member citizens' committee appointed by the Board of Supervisors. Because of the complexity of the hydraulic and environmental factors involved, and to ensure orderly development, the District will design the entire Murrieta Creek improvement. Piecemeal design of portions of this major regional flood control project is not acceptable to the District. Following development of an acceptable design, the District intends to pursue a funding mechanism for the required improvements, probably by means of an assessment district over the flood plain. The right of way needed for Murrieta Creek in this area is 250 feet each side of the centerline. This includes a 50 foot habitat mitigation strip on each side which will be returned if it is not needed. This is shown correctly on Amended Map No. 3. This site also receives offsite runoff from the hills to the southwest. Tentative Parcel Map 21383 is proposed in the hillside area west of this property. This map shows that the storm drain in Winchester Road would extend up th~ hill. Much of the offsite runoff tributary to this site would then be collected by the development of Parcel Map 21383 and conveyed to the storm drain system. Should Parcel Map 21383 not be constructed, adequate inlet facilities will need to be constructed to collect all of the tributary flows and convey them to Murrieta Creek. The storm drain in Winchester Road is proposed to continue nort; into Parcel Map 24086. Onsite flows are proposed to be collected and conveyed to the Creek by several storm drain systems. _/ ~eptem~ber 17, 1991 \1 \ ~.c__o._r....d_~.LQn_...LD_f_.... ~_h_~._ ..L.~ n__a._l_._ .~..~7~.. \ \ It will be necessary for financial arrangements to be compietely final.ized prior to recordatlon of the final map. Sincer~ly, \, ~nvltonment~it~°~rvlc,, SM:dr City of Temecula Re: Parcel Map 24085 Amended No. 3 Dated August 7, ~990 -2- November 16, 1990 Following are the District's recommendations: A portion of the proposed project is in a floodplain and may affect "waters of the United States", "wetlands" or "jurisdictional streambeds", therefore, in accordance with the requirements of the National Flood Insurance Program and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 458: A flood study consisting of HEC-2 calculations, cross sections, maps and other data should be prepared to the satisfaction of the Federal Emergency Management Agency (FEMA) and the District for the purpose of revising the effective Flood insurance Rate Map of the project site. The submittal of the study should be concurrent with the initial submittal of the related project improvement plans and final District approval will not be given until a Conditional Letter of Map Revision (CLOMR) has been received from FEMA. A copy of appropriate correspondence and necessary permits from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided to the District prior to the final District approval of the project. This parcel map is located within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provisions of the "Rules and Regulations for Administration of Area Drainage Plans", amended February 16, 1988: Drainage fees shall be paid to the Transportation Commissioner as part of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map; or City of Temecula Re: Parcel Map 24085 Amended No. 3 Dated August 7, ~990 -3- November 16, 1990 At the option of the land divider, upon filing a required affidavit requesting deferment of the payment of fees, the drainage fees may be paid to the Building Director at the time of issuance of a grading permit or building permit for each approved parcel, whichever may be first obtained after the recording of the subdivision final map or parcel map; provided however, this option to defer the fees may not be exercised for any parcel where grading or structures have been initiated on the parcel within the prior 3 year period, or permits for either activity have been issued on that parcel which remain active. Murrieta Creek Channel should be constructed through the proposed project in conformance with the District's approved design including habitat mitigation measures which may be required by the various resource agencies. In lieu of constructing the channel improvements the applicant shall cooperate in the formation of and participate in a financial mechanism such as a community facilities district or an assessment district to pay for the cos~ of the District's proposed Murrieta Creek Channel improvements. The right of way for Murrieta Creek, including the area required for habitat mitigation should be dedicated to the District. The right of way needed for Murrieta Creek in this area is 250 feet each side of the centerline. This includes a 50 foot habitat mitigation strip on each side which will be returned if it is not needed. This site also receives offsite runoff from the hills to the southwest. Should Parcel Map 21383 not develop, adequate inlet facilities will need to be constructed to collect all of the tributary flows and convey them to Murrieta Creek. Pads on this site should be elevated 12 inches above the 100 year water surface elevation in Murrieta Creek. Onsite drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". City of Temecula Re: Parcel Map 24085 Amended No. 3 Dated August 7, 1990 ~4- November 16, 1990 Offsite drainage faciiities should be located within dedicated drainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to the District prior to recordation of the final map. All lots shouId be graded to drain to the adjacent street or an adequate outlet. 10. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is e×ceeded, additional drainage facilities should be installed. 11. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should ats~ be provided. 12. The property's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. 13. An encroachment permit should be obtained for any work on District facilities or ~ithin District right of way. The encroachment permit application should be processed and approved concurrently with the improvement plans. Prior to initiation of the final construction drawings for those facilities required to be built as part of the Murrieta Creek/Temecula Valley Area Drainage Plan, the developer should contact the Riverside County Flood Control and Water Conservation District to ascertain the terms and conditions of design, construction, inspection, transfer of rights of way, project credit in lieu of fees and reimbursement schedules which may apply. Title reports and title insurance must be provided for all right of way to be transferred to the District. The developer should note that if the estimated cost for required area drainage plan facilities exceeds the required drainage fees and the developer wishes to receive credit for reimbursement in excess of his fees, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the District. City of Temecula Re: Parcel Map 24085 Amended No. 3 Dated August 7, 1990 -5- November 16, 1990 15. If the tract is built in phases, each phase shali be protected from the 1 in 100 year tributary storm flows. ]6. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. 17. 18. 9. Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. Master Drainage Plan facilities to be constructed as part of this development's improvement obligation are to be inspected, operated and maintained by the Riverside County Flood Control and Water Conservation District. The developer should enter into an agreement with the District establishing the terms and conditions covering their inspection, operation and maintenance. inspection and maintenance of the storm drain system to be built with this tract must be performed by either the County Transportation Department or the Flood Control District. The engineer (owner) must request (in writing) that one of these agencies accept the proposed storm drain system. The request should note the tract number, location, and briefly describe the system (sizes and lengths). Request to the District should be addressed to Kenneth L. Edwards, Chief Engineer, Attn: Frank Peairs, Planning Engineer. If the District is willing to accept the system, an agreement between the owner and the District must be executed. A request to draw up an agreement must be sent to the District to the attention of Michael Rawson. All flood control facilities should be constructed to District standards. All facilities that the District will assume for maintenance will require the payment of a one time maintenance charge equal to the "present worth" of maintenance costs from the time of acceptance through 1998. CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: Project Description: Assessor's Parcel No.: 24085 To create 57 parcels on a 72.6 acre site 909-120-022 Planning Deoartment The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule "E", unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. S%8TAFFRPT%24Oe5 17 10. 11. 12. 13. 14. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. B. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated September 17, 1991, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated November 16, 1990, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated June 5, 1991, a copy of which is attached. The applicant shall comply with the slope stability recommendations outlined in the County Geologist's transmittal dated September 6, 1989, a copy of which is attached. The applicant shall comply with the recommendations outlined in the County Geologist's transmittal dated October 16, 1989, a copy of which is attached. 15. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated July 3, 1991, a copy of which is attached. S\STAFFRPT~24085 18 22. 23. 24. 25. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. A paleontologist shall be on-site to monitor grading operations. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Roof-mounted equipment shall be shielded from view of surrounding property. All street side yard setbacks shall be a minimum of 25 feet with at least 10 feet landscaped. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection and certified in writing by the landscape architect. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required wall shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate Stephens Kangaroo Rat Habitat Mitigation fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. S\STAFFRPT\24085 2 1 26. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 24085, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 27. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Electrical lines rated 33kv or greater shall be exempted from the requirement to be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 28. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: A. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. S~STAFFRPT~24085 22 29. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. The landscape and architecture standards shall be incorporated by reference into the CC&R's. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. (1) All parkways, open areas, and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. (2) Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. S\STAI:FRPT~24085 23 30. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 31. Prior to recordation of the final map, the applicant shall obtain approval of and record all lot line adjustments, street vacations, and dedications to reflect the realignment of the future right of way of Winchester Road. Department of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 32. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; and Parks and Recreation Department. S~STAFFFIPT\24085 24 33. 34. 35. 36. 37. 38. 39. 40. 41. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works, Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Winchester Road shall be improved with 38 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 65' dedicated right-of-way in accordance with County Standard No. 101 (38'/50'). Diaz Road shall be improved or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 101 (76'/100'). Streets "'A", "B" and "C" shall be improved, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 111 (56'/78'). Avenida de Ventas and Street "D" shall be improved with 28 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 51' dedicated right-of-way in accordance with County Standard No. 111 (28'/39'). If construction is to be phased, the landowner/developer shall acquire sufficient public offsite rights-of-way to provide for secondary access road(s) to a paved and maintained road as may be needed. Said access road(s) shall be constructed in accordance with County Standard No. 106, Section B, (32'/60') at a grade and alignment approved by the Department of Public Works. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Vehicular access shall be restricted on Winchester Road and Diaz Road and so noted on the final map with the exception of driveway openings and public street intersections as approved by the Department of Public Works. 8%STAFFRPT%24085 25 42. Corner property line cut off shall be required per Riverside County Standard No. 805. 43. 44. 45. 46. 47. 48. Private drainage easements for cross-lot drainage if required shall be delineated or noticed on the final map. Where applicable, an easement for a joint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first, especially on Winchester Road and Diaz Road. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and parks). D. Sewer and domestic water systems. E. All trails, as required by the City's Master Plans. F. Undergrounding of proposed utility distribution lines. The street design, grading and improvement concept of this project shall be coordinated with Assessment District 155 and adjoining development. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the Department of Public Works. S%STAFFRPl~24085 26 49. 50. 51, 52. 53. 54, 55. 56. 57. 58. 59. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Building and Safety Department, The minimum centerline radii shall be 500 feet or as approved by the Department of Public Works. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). The subdivider shall submit two prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provide~J for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The report shall also address setback requirements for fault line areas. The subdivider shall submit two copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. S~STAFFRPT~24085 27 60. On'site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 61. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. 62. A copy of the improvement plans, grading plans and final .map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 63. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 64. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection' shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 65. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Flood Damage Prevention Ordinance 91-12 of the City of Temecula and the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. 66. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. 67. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 68. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. S\STAFFRPT~24085 28 69. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of- way. 70. An application for Development permit shall be submitted per Flood Damage Prevention Ordinance 91-12 of the City of Temecula. All requirements of this ordinance shall be complied with as directed and approved by the Department of Public Works. 71. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 72. 73. A permit from the County Flood Control District is required for work within its right-of-way. The subdivider shall submit a haul route plan, including but not limited to, specific information related to truck loads, destination, permission and clearance letters as requested. PRIOR TO BUILDING PERMIT: 74. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 75. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 76. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of S\STAFFRPT~24085 29 the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; orovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 77. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 78. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 79. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. TransPortation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 80. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street improvement plans. 81. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Avenida de Ventas at Diaz Road and Avenida de Ventas at Winchester Road, and shall be included in the street improvement plans with the second plan check submittal. S\STAFFRPT\24085 30 82. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The percent of costs and the warrants for these signals shall be as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 83. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass corridor as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation, 84. "Prior to recordation of the Final Map, developer shall provide bus turnouts with pedestrian entrances as approved by Riverside Transit Authority and the Department of Public Works. Turnouts shall be shown on the Street Improvement Plans." PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 85. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 86. All traffic signals, signing and striping shall be installed and operational per the approved plans and as directed by the Department of Public Works per the approved focused traffic analysis. 87. All landscaping installation within corner cutoff areas at all intersections and adjacent to all driveways shall provide for adequate site distance. 88. Stop signs shall be installed within the project site at the intersection of local streets. 89. Diaz Road shall be striped with left turn pockets at each intersection adjacent to the project. S\STAFFRPT~2408S 3 1 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Background 1. Name of Proponent: 2. Address and Phone Number of Proponent: Date of Environmental Assessment: NBS Lowry 27403 Ynez Road, Suite 209 Temecula, CA 92390 (714) 676-6225 August 21. 1991 4. Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Parcel MaD Nos. 24085 and 24086 Location of Proposal: Southwesterly of Diaz Road bounded bv the future extension of Winchester Road on the northwesterly and · southwesterly sides of the site. Environmental Impacts (Explanati.ons of all answers are provided on attached sheets.) Yes Maybe NO 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X X X Disruptions, displacements, compac- tion or overcovering of the soil? Substantial change in topography or ground surface relief features? S%STAFFRPT%24085 3 2 The destruction, covering or modi- fication of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Yes Maybe No X X X X X X X X X S~STAFFRPT~24085 33 Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes Maybe No X X X X X X X X X X S\STAFFRPT~24085 34 10. Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: Yqi Maybe NQ X X X X X X X X X X S\STAFFRPl~24085 3 5 11. 12. 13. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of 8n area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes X Maybe X X X X Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X X X X X S\STAFFRPl~24085 3 6 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmental services: 15. Energy. Will the proposal result in: 16. Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a.. Power or natural gas? Yqi Maybe No X X X X X X X X X S~STAFFRPT~24085 Communications systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? 37 X 17. 18. 19. Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health}? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Y~i Maybe No X X X X X X X X S~STAFF~240eS 38 21. Mandatory Findings of Significance. 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 or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the' project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yq~ Maybe No X X X B _ X S~STAFFRP~24085 39 III Discussion of the Environmental Evaluation 1.a,b,c. 1.d. 1.e. 1.f. 1.g. Yes. Parcel Map No. 24085 will involve 363,000 cubic yards of cut and fill, and Parcel Map No. 24086 will involve 349,000 cubic yards of cut and fill. Some cut will penetrate into the Pauba Formation which consists of sandstone and siltstone. Mitigation of liquefaction potential on the site may involve removal and recompaction of soil on the site. All cut and fill slopes will not exceed a 2:1 grade. Cut slopes on the site of Parcel Map No. 24085 will be up to 25 feet in height and fill slopes will be approximately 10 feet high. Cut and fill slopes on the site of Parcel Map No. 24086 will be less than 30 feet in height. The Slope Stability Report determined that the proposed 2:1 cut slopes will be grossly stable to a maximum height of 29 feet, and surficial erosion potential should be mitigated by directing drainage away from the slope faces and installing landscape planting on the slopes. The recommendations of the Slope Stability Report shall be included in the conditions of approval for the subject parcel maps, No. There are no unique geologic or physical features on the site. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydroseeding disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the conditions of approval. No. Any drainage into the Murrieta Creek channel will be via drainage improvements as approved by the City Engineer and will not result in erosion or siltation. Yes. Portions of the site are susceptible to liquefaction and subsidence, and the site is traversed by a potentially active fault. The Geology Report recommends that the effects of liquefaction, including loss of bearing capacity, surface subsidence and lateral spreading should be re- evaluated for each individual structure when grading and building plans become available. In accordance with the requirements of state law, a restricted use zone based on the geology report is shown on the map. The restricted use zone represents a setback from the earthquake fault S\STAFFRPT\24085 40 2.a,b,c. 3.b. 3.d. 3.9. 3.f,g. 3.h. on the site, and no structures for human occupancy will be permitted within the restricted use zone. Hazards to buildings outside of the restricted use zone due to groundshaking associated with the fault are addressed by the requirements of the Uniform Building Code. The geologic hazard mitigations recommended in the Geology Report and the County Geologists letter shall be conditions of approval. No. The proposed parcel map will not result in any impacts to air quality or the climate, Subsequent development proposals will be assessed for potential impacts to air quality and mitigation measures will be required if necessary. No. The portion of the property necessary for the future construction of Murrieta Creek flood control facilities is indicated on the tentative parcel map as a County Channel Easement. There will be no change in the course or direction of water in Murrieta Creek. Yes. The proposed parcel map will result in changes in the amount of surface runoff. The improvement of the site will provide for adequate drainage facilities as approved by the City Engineer. No. The project will result in minor, localized redirection of flood waters to the extent necessary to elevate the site above the 100 year flood plain elevation, but the overall direction and flow of flood waters will not be changed. Maybe. Grading and future development of the site may increase the amount of surface runoff flowing into the Murrieta Creek channel, This is not considered a significant impact and is consistent with the provisions of the Murrieta Creek Area Drainage Plan and Assessment District 155. Yes. Grading may result in an increase in turbidity in local surface water. This impact is temporary and is not considered significant. No. Recompaction of soil to mitigate the potential for liquefaction is not expected to result in a significant impact on the direction or rate of flow of ground waters. No. The proposed parcel map will not result in any impact on public water supplies. S~STAFFRPT~24085 4 1 3.i. 4.a,b. 4.c. 4.d. 5.a,b. 5.c. 6.8. 6.b. 9.a,b. No. Prior to recordation of the proposed parcel map, the applicant shall obtain a Letter of Map Revision from the Federal Emergency Management Agency indicating that grading of the site or other improvements are adequate to ensure that the site will be above the 100 year flood plain elevation. No. A botanical survey of the site found no sensitive plant species on the site. Grazing and the introduction of non-native grasses have previously disturbed the natural native flora on the site. Maybe. Landscaping of the site may introduce some non-native species. This is not considered a significant impact. No. The site is not currently used as crop land. No. A biology survey of the site did not reveal the presence or any indications of any species classified as rare or endangered. Yes. The project will involve a loss of grass land and chaparral which provides foraging habitat for birds, mammals, and reptiles. In regional terms, the loss of foraging habitat is an incrementally adverse but non- significant impact. The biology report recommends the use of native California shrubs and trees to revegetate graded and open areas in order to enhance reoccupation of the bird community. Use of native plant life shall be a condition of approval. Yes. The proposed parcel map will result in increased noise levels during grading. This impact will be temporary and is not considered significant because the site is not near any noise sensitive land uses. No. Future development will be reviewed for potential noise impacts, and land uses which generate severe noise impacts will be prohibited or required to provide adequate noise mitigation. No. The proposed Parcel Map will not cause new light or glare, and subsequent development of the site will be subject to standard conditions prohibiting lighting from impacting adjacent properties and requiring low-glare sodium vapor lights. No. The proposed subdivision is consistent with the zone and the land use designation in which the property is located. No. The project will not involve a substantial increase in the rate of consumption of natural or non-renewable resources. S%STAFFRPT~24085 42 lO.a,b. 11,12. 13.a. 13.b. 13.c,e. 13.d. No. The proposed parcel map will not involve the use of hazardous materials or interference with emergency response or evacuation plans. No. The proposal is not likely to alter the distribution or growth rate of the population or create a demand for new housing. Future development of the site will help address the irabalance of local jobs in relation to existing and approved housing. Yes, Future development of the site of Parcel Map No. 24085 is expected to generate 5,340 vehicle trip ends per day. 5,150 trip ends per day are expected as a result of development of the site of Parcel Map No. 24086. The traffic study prepared in conjunction with the project determined that intersections and roadways in the vicinity will continue to operate at acceptable levels of service if recommended improvements are implemented. The following recommended traffic impact mitigations are incorporated into the Conditions of Approval for Parcel Map No. 24085. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street imporvements plans. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Avenida de Ventas at Diaz Road and Avenida de Ventas at Winchester Road, and shall be included in the street improverant plans with the second plan check submittal. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass corridor as determined by a focused traffic analysis approved by the Deaprtment of Public Works. No, Future development of the site will be required to provide adequate off-street parking as appropriate for the particular land use proposed. No, The project will have no impact upon existing transportation systems or upon water, rail, or air traffic. No. The proposed parcel maps will not alter present patterns of circulation. S\STAFFRPT~24085 43 13.f. 14.a-f. 15.a,b. 16.a-d,f. 16.e. 17.a,b. 18. 19. 20.a,b,c. No. The streets and intersections in the vicinity will continue to operate at acceptable levels of service if recommended street improvements are implemented. The street improvements will be conditions of approval for the proposed parcel map. No. The project will not result in a need for new public services. Future development will generate an increase in the need for public Services in the areas of fire and police protection and road maintenance. Payment of the required traffic signal mitigation fee, the facility fee, and property taxes will fund the additional public services. No. The project will not result in a substantial use or increase in demand for fuel or other energy sources. No. Future development of the site will require only hook up to or service by existing utility systems and will not result in a need for new or substantially altered utility systems. Yes. The proposed Parcels Maps will involve the construction of the Murrieta Creek Channel through the site. The construction of channel improvements will be in compliance with the recommendations of the County Flood Control District and will be provided by the developer or by the developer's participation in an assessment district. No. The proposed parcel map will not result in any potential health hazards. Future development will be assessed for potential health hazards, and mitigations, if needed, shall be required. No. The proposal will not result in the obstruction of any scenic views. Future development will be reviewed in order to prevent the construction of aesthetically offensive structures or site layouts. No. The site is not currently used for recreational purposes. Maybe. The site of Parcel Maps 24085 and 24086 contain a recorded archaeological site (CA-RIV-237) which is beleived to encompass approximately 70,000 square meters, part of which is outside of the subject property. During an archaeological surface survey of the site conducted in June of 1991, many pieces of basalt and quartz debitage, fragmented manos and metares, fire-affected rocks, pestles, hammerstores, and fragments of bowls and pottery were observed. The recommendations of the Archaeological Assessment are to conduct a surface collection of the site and to excavate a sufficient number of one cubic meter subsurface units to determine the depth, spatial extent, and S\STAFFR-°T~24085 44 significance of the site. The resulting information shall be used to determine whether the site is a unique resource for the area and whether measures to preserve the site or salvage some percentage of the cultural resources should be implemented. The Archaeological Assessment includes the recommendation that an archaeologist be consulted for any future grading activities. These recommendations shall be incorporated as Conditions of Approval for Parcel Maps 24805 and 24806. In addition, a Native American representative shall be present during archaeological excavation and also during grading. 20.d. 21 .a. 21 .b,c. 21 .d. No. The site is not used for any religious or sacred purposes. No. Although the project will result in a reduction of foraging habitat, this impact is not considered regionally significant. The inclusion of native trees and shrubs in the landscaping will provide adequate mitigations for potential biological impacts due to reduction of foraging habitat. No. The long term and cumulative traffic impacts of the project will be adequately mitigated by the street improvements recommended by the traffic study which are conditions of approval for the proposed parcel map. Streets and intersections in the vicinity will continue to operate at acceptable levels of service. No. The proposed parcel map will not create any health hazards. Environmental review of future development of the site will address any potential health hazards and mitigations, if necessary, will be required. S\STAFFRPT~24085 45 ENVIRONMENTAL DETERMINATION 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 signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. August 12. 1991 Date For CITY OF TEMECULA S~STAFFRPT~24085 46 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: The following fees were reviewed by Staff relative to their applicability to this project. Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of AoDroval Condition No. Condition No. Condition No. Condition No. Condition No. Condition No. Condition No. S\STAFFRPT\24085 47 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Background 1. Name of Proponent: 2. Address and Phone Number of Proponent: Date of Environmental Assessment; NBS Lowry 27403 Ynez Road, Suite 209 Temecula, CA 92390 (714) 676-6225 August 21, 1991 II Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Parcel Map Nos. 24085 and 24086 Location of Proposal: Southwesterly of Diaz Road bounded bv the future extension of Winchester Road on the northwesterly and southwesterly sides of the site, Environmental Impacts (Explanations of all answers are provided on attached sheets.) YeS Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X X X Disruptions, displacements, compac- tion or overcovering of the soil? Substantial change in topography or ground surface relief features? S\STAFFRPT~24085 .cc 30 The destruction, covering or modi- fication of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Yes Maybe NO X X X X X X X X X S\STAFFRPT~24085.cc 3 1 Plant e. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes Maybe NO X X X X X X X X X X S\STAFFRPT~24085 .cc 3 2 10. Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? be Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: Yqi Maybe NO X X X X X X X X X X S~STAFFRPT~24085.cc 33 11. 12. 13. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X Maybe X X X X Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X X X X X S\STAFFRPT\24085 .cc 34 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmental services: 15. Energy. Will the proposal result in: 16. Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Yqi Maybe NO X X X X X X X X X S\STAFFRPT\24085.cc Communications systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? 35 X X X 17. 18, 19. Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? YeS Maybe No X X X X X X X X S~STAFFRPT~24085.cc 36 21. Mandatory Findings of Significance. 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 or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yq~ Maybe No X X X X S\STAFFRPT\24085.cc 37 III Discussion of the Environmental Evaluation 1,a,b,c, Yes. Parcel Map No. 24085 will involve 363,000 cubic yards of cut and fill, and Parcel Map No. 24086 will involve 349,000 cubic yards of cut and fill. Some cut will penetrate into the Pauba Formation which consists of sandstone and siltstone. Mitigation of liquefaction potential on the site may involve removal and recompaction of soil on the site. All cut and fill slopes will not exceed a 2:1 grade. Cut slopes on the site of Parcel Map No. 24085 will be up to 25 feet in height and fill slopes will be approximately 10 feet high. Cut and fill slopes on the site of Parcel Map No. 24086 will be less than 30 feet An height. The Slope Stability Report determined that the proposed 2:1 cut slopes will be grossly stable to a maximum height of 29 feet, and surficial erosion potential should be mitigated by directing drainage away from the slope faces and installing landscape planting on the slopes. The recommendations of the Slope Stability Report shall be included in the conditions of approval for the subject parcel maps. 1.d, No. There are no unique geologic or physical features on the site. 1.e. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydroseeding disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the conditions of approval. 1.f. No. Any drainage into the Murrieta Creek channel will be via drainage improvements as approved by the City Engineer and will not result in erosion or siltation. 1,g. Yes. Portions of the site are susceptible to liquefaction and subsidence, and the site is traversed by a potentially active fault. The Geology Report recommends that the effects of liquefaction, including loss of bearing capacity, surface subsidence and lateral spreading should be re- evaluated for each individual structure when grading and building plans become available. In accordance with the requirements of state law, a restricted use zone based on the geology report is shown on the map. The restricted use zone represents a setback from the earthquake fault on the site, and no structures for human occupancy will be permitted within the restricted use zone. Hazards to buildings outside of the S\STAFFF~T%24085.cc 38 2.a,b,c. 3,a, 3.b. 3,c, 3.d. 3,8, 3.f,g. 3.h. restricted use zone due to groundshaking associated with the fault are addressed by the requirements of the Uniform Building Code. The geologic hazard mitigations recommended in the Geology Report and the County Geologists letter shall be conditions of approval. No. The proposed parcel map will not result in any impacts to air quality or the climate. Subsequent development proposals will be assessed for potential impacts to air quality and mitigation measures will be required if necessary. No. The portion of the property necessary for the future construction of Murrieta Creek flood control facilities is indicated on the tentative parcel map as a County Channel Easement. There will be no change in the course or direction of water in Murrieta Creek. Yes. The proposed parcel map will result in changes in the amount of surface runoff. The improvement of the site will provide for adequate drainage facilities as approved by the City Engineer. No. The project will result in minor, localized redirection of flood waters to the extent necessary to elevate the site above the 100 year flood plain elevation, but the overall direction and flow of flood waters will not be changed. Maybe. Grading and future development of the site may increase the amount of surface runoff flowing into the Murrieta Creek channel. This is not considered a significant impact and is consistent with the provisions of the Murrieta Creek Area Drainage Plan and Assessment District 155. Yes. Grading may result in an increase in turbidity in local surface water. This impact is temporary and is not considered significant. No. Recompaction of soil to mitigate the potential for liquefaction is not expected to result in a significant impact on the direction or rate of flow of ground waters. No. The proposed parcel map will not result in any impact on public water supplies. 3.i. No. Prior to recordat'ion of the proposed parcel map, the applicant shall obtain a Letter of Map Revision from the Federal Emergency S%STAFFRPT~24085 .cc 39 4.a,b. 4.c. 4.d. 5.a,b. 5.c. 6.a. 6.b. 9.a,b. 10.a,b. Management Agency indicating that grading of the site or other improvements are adequate to ensure that the site will be above the 100 year flood plain elevation. No. A botanical survey of the site found no sensitive plant species on the site. Grazing and the introduction of non-native grasses have previously disturbed the natural native flora on the site. Maybe. Landscaping of the site may introduce some non-native species. This is not considered a significant impact. No. The site is not currently used as crop land. No. A biology survey of the site did not reveal the presence or any indications of any species classified as rare or endangered. Yes. The project will involve a loss of grass land and chaparral which provides foraging habitat for birds, mammals, and reptiles. In regional terms, the loss of foraging habitat is an incrementally adverse but non- significant impact. The biology report recommends the use of native California shrubs and trees to revegetate graded and open areas in order to enhance reoccupation of the bird community. Use of native plant life shall be a condition of approval. Yes. The proposed parcel map will result in increased noise levels during grading. This impact will be temporary and is not considered significant because the site is not near any noise sensitive land uses. No. Future development will be reviewed for potential noise impacts, and land uses which generate severe noise impacts will be prohibited or required to provide adequate noise mitigation. No. The proposed Parcel Map will not cause new light or glare, and subsequent development of the site will be subject to standard conditions prohibiting lighting from impacting adjacent properties and requiring low-glare sodium vapor lights. No. The proposed subdivision is consistent with the zone and the land use designation in which the property is located. No. The project will not involve a substantial increase in the rate of consumption of natural or non-renewable resources. No. The proposed parcel map will not involve the use of hazardous S\STAFFRPT~24085 .cc 40 11,12. 13.a. 13.b, 13.c,e. 13,d. materials or interference with emergency response or evacuation plans. No. The proposal is not likely to alter the distribution or growth rate of the population or create a demand for new housing, Future development of the site will help address the irabalance of local jobs in relation to existing and approved housing. Yes. Future development of the site of Parcel Map No. 24085 is expected to generate 5,340 vehicle trip ends per day. 5,150 trip ends per day are expected as a result of development of the site of Parcel Map No. 24086. The traffic study prepared in conjunction with the project determined that intersections and roadways in the vicinity will continue to operate at acceptable levels of service if recommended improvements are implemented. The following recommended traffic impact mitigations are incorporated into the Conditions of Approval for Parcel Map No. 24085. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street imporvements plans. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Avenida de Ventas at Diaz Road and Avenida de Ventas at Winchester Road, and shall be included in the street improverant plans with the second plan check submittal. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass corridor as determined by a focused traffic analysis approved by the Deaprtment of Public Works. No. Future development of the site will be required to provide adequate off-street parking as appropriate for the particular land use proposed. No. The project will have no impact upon existing transportation systems or upon water, rail, or air traffic. No. The proposed parcel maps will not alter present patterns of circulation. 13.f. No. The streets and intersections in the vicinity will continue to operate S\STAFFRPT%24085 ,cc 4 1 14.a-f. 15.a,b. 16.a-d,f. 16.e. 17.a,b. 18. 19. 20.a,b,c. at acceptable levels of service if recommended street improvements are implemented. The street improvements will be conditions of approval for the proposed parcel map. No. The project will not result in a need for new public services. Future development will generate an increase in the need for public services in the areas of fire and police protection and road maintenance. Payment of the required traffic signal mitigation fee, the facility fee, and property taxes will fund the additional public services. No. The project will not result in a substantial use or increase in demand for fuel or other energy sources. No. Future development of the site will require only hook up to or service by existing utility systems and will not result in a need for new or substantially altered utility systems. Yes. The proposed Parcels Maps will involve the construction of the Murrieta Creek Channel through the site. The construction of channel improvements will be in compliance with the recommendations of the County Flood Control District and will be provided by the developer or by the developer's participation in an assessment district. No. The proposed parcel map will not result in any potential health hazards. Future development will be assessed for potential health hazards, and mitigations, if needed, shall be required. No. The proposal will not result in the obstruction of any scenic views. Future development will be reviewed in order to prevent the construction of aesthetically offensive structures or site layouts. No. The site is not currently used for recreational purposes. Maybe. The site of Parcel Maps 24085 and 24086 contain a recorded archaeological site (CA-RIV-237) which is beleived to encompass approximately 70,000 square meters, part of which is outside of the subject property. During an archaeological surface survey of the site conducted in June of 1991, many pieces of basalt and quartz debitage, fragmented manos and metares, fire-affected rocks, pestles, hammerstores, and fragments of bowls and pottery were observed. The recommendations of the Archaeological Assessment are to conduct a surface collection of the site and to excavate a sufficient number of one cubic meter subsurface units to determine the depth, spatial extent, and significance of the site. The resulting information shall be used to S~STAFFRPT~24085.cc 42 determine whether the site is a unique resource for the area and whether measures to preserve the site or salvage some percentage of the cultural resources should be implemented. The Archaeological Assessment includes the recommendation that an archaeologist be consulted for any future grading activities. These recommendations shall be incorporated as Conditions of Approval for Parcel Maps 24805 and 24806. In addition, a Native American representative shall be present during archaeological excavation and also during grading. 20.d. 21 .a. 21 .b,c. 21 .d. No. The site is not used for any religious or sacred purposes. No. Although the project will result in a reduction of foraging habitat, this impact is not considered regionally significant. The inclusion of native trees and shrubs in the landscaping will provide adequate mitigations for potential biological impacts due to reduction of foraging habitat. No. The long term and cumulative traffic impacts of the project will be adequately mitigated by the street improvements recommended by the traffic study which are conditions of approval for the proposed parcel map. Streets and intersections in the vicinity will continue to operate at acceptable levels of service, No. The proposed parcel map will not create any health hazards. Environmental review of future development of the site will address any potential health hazards and mitigations, if necessary, will be required. S\STAFFRPT~24085.cc 43 ENVIRONMENTAL DETERMINATION 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 signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. August 12, 1991 Date For CITY OF TEMECULA S\STAFFRPT~24085 .ce 44 CITY OF TEMECULA ) e , / / ./' VICINITY MAP r CASE NO. P.C. DATE CITY OF TEMECULA ~ .LI SWAP MAP CA~E NO. P.C. DATE CITY OF TEMECULA ~ e e ./' ZONE MAP CASE NO. ~'~ C.C. DATE CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.:Tentative Parcel Mao No. 24085 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of ApProval Condition No. 25 Condition No. N/A Condition No. 76 Condition No. 49 Condition No. N/A Condition No. 12 Condition No. 71 S\STAFFRPT\24085.Gc 41 20. 21. "County Geologic Report No. 627 was prepared for this property on June 7, 1989 by Schafer Dixon Associates, and is on file at the Riverside County Planning Department. Specific items of concern are as follows: earthquake faulting, fissuring and ground subsidence, liquefaction, landsliding, and uncompacted trench backfill." Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. Prior to the issuance of grading permits a qualified archaeologist shall conduct a stratified surface sampling of archaeological site CA-RIV 237 and shall excavate 20 to 30 one cubic meter cubsurface units to determine the depth, spatial extent, and significance of the site. Based on the results of these tests, the extent of further sampling and data collection will be determined. A qualified archaeologist shall also monitor grading activities and shall have the authority to temporarily halt or redirect grading activity to allow recovery of cultural resources. A Native American representative shall be present during archaeological testing and during grading and shall also have the authority to temporarily halt or divert grading activity. S\STAFFRPT~24085 20 ITEM NO. 14 ITEM NO. 13 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY r/ ';'/ FINANCE OFFICEF~ CITY MANAGER ' CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 25, 1991 Parcel Map No. 24086 PREPARED BY: RECOMMENDATION: Debbie Ubnoske APPLICANT INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: ADQPT the Negative Declaration for Parcel Map No. 24086; and EXISTING ZONING: ADOPT Resolution 91-_ approving Tentative Parcel Map No. 24086 based on the analysis contained in the staff report and subject to the attached Conditions of Approval. Rancho California City Center Association No. 1 NBS/Lowry To create 49 parcels on a 69.7 acre site Westerly side of Diaz Road, north of the future extension of Winchester Road Manufacturing-Service Commercial, MoSC S~STAFFRPT~24116 .CC 1, SURROUNDING ZONING: North: South: East: West: Manufacturing-Service Commercial M-SC Manufacturing-Service Commercial M-SC Manufacturing-Service Commercial M-SC Manufacturing-Service Commercial M-SC PROPOSED ZONING: Not Requested EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Vacant South: Vacant East: Murrieta Creek West: Vacant PROJECT STATISTICS: Gross Site Area: Net Site Area: No. of Parcels: Average Parcel Size: Earthwork: 69.7 acres 53.3 acres 49 1.09 acres Cut = 349,000 yards Fill = 349,000 yards cubic cubic BACKGROUND: The proposed parcel map was given a recommendation of approval by the Planning Commission on October 21, 1991. The project was originally submitted to the County in November of 1988. The project was transferred to the City in April of 1991 where it has undergone additional review. The Planning Commission changed a condition of approval for the project relative to bus turnouts. At the Planning Commission meeting, concern was expressed by the City of Murrieta relative to potential impacts, The Planning Commission expressed their desire to work with the City of Murrieta, however, the projects could not be continued indefinitely. The City of Murrieta is still several months away from a circulation plan which could address their issues. S\STAFFRFI'~40~6.CC 2 Additional issue areas contained within the Analysis Section of the Planning Commission Agenda Report dated October 21, 1991 are as follows: Fault Hazards, Liquefaction Potential, Flood Hazard, Drainage, Grading, Biological Impacts, Landscape and Architectural Standards, Water and Sewer Availability, Lot Line Adjustments and Street Realignments, lot size, Access, Archaeological Resources and Fossil Resources. GENERAL PLAN AND SWAP CONSISTENCY: Parcel Map No. 24086 is consistent with the Southwest Area Plan designation of the site for light industrial uses. The parcel map conform,s to the requirements of the MSC, Manufacturing-Service Commercial Zone. There is a reasonable probability that the project will be consistent with the future General Plan in that the project is consistent with existing land uses and approved subdivisions in the vicinity. ENVIRONMENTAL DETERMINATION: The Initial Study prepared for Parcel Map No, 24086 indicates that the project will not have any impact on the environment which cannot be mitigated to a level of insignificance, and Staff recommends adoption of a Negative Declaration. FINDINGS: The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercia- industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing-Service Commercial Zone, and existing land uses in the vicinity. There is not a likely probability of substantial detriment to or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and Ordinance No. 460, Schedule 10. 11. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure. All lots have acceptable access to existing and proposed dedicated right-of- ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Staff recommends that the City Council: 1. 2. ADOPT the Negative Declaration for Parcel Map No. 24086; and ADOPT Resolution 91- approving Tentative Parcel Map No.24086 based on the analysis contained herein and subject to the attached Conditions of Approval. S\STAFFRF~240~6.CC 4 Attachments: 2. 3. 4. 5, 6. Resolution Conditions of Approval Planning Commission Minutes dated 10/21/91 Planning Commission Staff Report 10/7/91 Environmental Assessment Exhibits A. Vicinity Map B. SWAP Map C. Zoning Map D. Tentative Parcel Map No. 24086 S\STAFFRFI~24{j~6.CC 5 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 24086 TO SUBDIVIDE A 69.7 ACRE PARCEL INTO 49 PARCELS AT THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL 909-120-020. WHEREAS, Rancho California City Associates I filed Parcel Map No. 24086 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on October 21, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findines. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land S\STAFFRPTX24086.CC 6 use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 24086 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of S\STAFFRPTN24086.CC ~ competent jurisdiction. (2) The City Council in approving the proposed Tentative Parcel Map, makes the following findings, to wit: The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercia-industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing- Service Commercial Zone, and existing land uses in the vicinity, There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and Ordinance No. 460, Schedule "E". The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2.~. Environmental Comoliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Parcel Map No. 27086 for the subdivision of a 69.7 acre parcel into 49 parcels located at the westerly side of Diaz Road north of the future extension of Winchester Road, and known as Assessor's Parcel 909-120-020 subject to the following conditions: S\STAFFRPT~240~6 .CC ~ 0 A. Exhibit A, attached hereto. ~;ECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ,1991. RONALDJPARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the __ day of , 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK S~STAFFP, PT~240~6.CC ~. 1 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: Project Description: parcels on a 69.7 acre site Assessor's Parcel No.: 24086 To 909-120-020 create 49 Planning Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to S\STAFFP, F~24086 .CC 12 all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: 10. 11. 12. 13. 14. 15. Be limited to a maximum slope ratio of 2 to I and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated June 13, 1991, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated November 16, 1990, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated June 5, 1991, a copy of which is attached. The applicant shall comply with the slope stability recommendations outlined in the County Geologist's transmittal dated September 6, 1989, a copy of which is attached. The applicant shall comply with the recommendations outlined in the County Geologist's transmittal dated October 16, 1989, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated July 3, 1991, a copy of which is attached. 16. Lots created by this subdivision shall comply with the following: S\STAFFRF~24086.CC 13 17. 18. Lots created by this subdivision shall be in conformance with the development standards of the Manufacturing - Service Commercial zone. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 19. The following notes shall be placed on the Environmental Constraints Sheet: 20. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy as outlined in the Southwest Area Plan." "Archaeological and paleontological monitoring during grading is required, and summary report shall be submitted to the Planning Department prior to issuance of building permits." "Part of the site is located in the 100 year flood plain of Murrieta Creek. Measures to remove the project site from the flood plain are listed in the conditions of approval." "The site is traversed by a potentially active earthquake fault. The map includes a restricted use zone in which no structures for human occupancy are allowed." Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: 1) If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1. Techniques which will be utilized to prevent erosion and S\STAI~FRpT~240~6.CC 14 21. 22. 23. sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. Prior to the issuance of grading permits a qualified archaeologist shall conduct a stratified surface sampling of archaeological site CA-RIV 237 and shall excavate 20 to 30 one cubic meter cubsurface units to determine the depth, spatial extent, and significance of the site. Based on the results of these tests, the extent of further sampling and data collection will be determined. A qualified archaeologist shall also monitor grading activities and shall have the authority to temporarily halt or redirect grading activity to allow recovery of cultural resources. A Native American representative shall be present during archaeological testing and during grading and shall also have the authority to temporarily halt or divert grading activity. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged, A paleontologist shall be on-site to monitor grading operations. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Roof-mounted equipment shall be shielded from view of surrounding property. S~STAFFRPT~24086 .CC ~, 5 c, All street side yard setbacks shall be a minimum of 25 feet with at least 10 feet landscaped. 24. 25. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection, and certified in writing by the landscape architect. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate Stephens Kangaroo Rat Habitat Mitigation fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. 26. 27. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City'of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 24086, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Electrical lines rated 33kv or greater shall be exempted from the requirement to be installed underground, S\STAFFRPTX24086 .CC I 6 Covenants, Conditions and Restrictions/Reciprocal Access Easements: 28. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. The landscape and architecture standards shall be incorporated by reference into the CC&R's. S',STAFFRPT',24086.CC ], ? 30. 31. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. All parkways, open areas, and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. Prior to recordation of the final map, the applicant shall obtain approval of lot line adjustments, street vacations, and dedications to reflect the realignment of the future right-of-way of Winchester Road. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). Deoartment of Public Works The following are the Department of Public Works Conditions of Approval for this S\STAFFRPTX24iJ6.CC ]. 8 project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 32. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; and Parks and Recreation Department. 33. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 34. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. 35. Winchester Road shall be improved with 38 feet half street improvements plus one 12' lane, or bonds for the street improvements may be posted, within a 65' dedicated right-of-way in accordance with County Standard No. 101 (38'/50'). 36. Diaz Road shall be improved, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 101 (76'/100'). 37. Streets "A", "B" and "C" shall be improved, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance S\STAFFRPT~24086.CC ]. 9 38. 39. 40. 41. 42. 43. 44. 45. 46. with County Standard No. 111 (56'/78'). Street "D" shall be improved with 28 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted within a 51 foot dedicated right-of-way in accordance with County Standard No. 111 (28'/39'). If construction is to be phased, the landowner/developer shall acquire sufficient public offsite rights-of-way to provide for secondary access road(s) to a paved and maintained road as may be needed. Said access road(s) shall be constructed in accordance with County Standard No. 106, Section B (32'/60'), at a grade and alignment approved by the Department of Public Works. A standard knuckle shall be constructed within the land division per Riverside County Standard No. 801. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Vehicular access shall be restricted on Winchester Road and Diaz Road and so noted on the final map with the exception of driveway openings and public street intersections as approved by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage if required shall be delineated or noticed on the final map. Where applicable, an easement for a joint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first, especially on Winchester Road and Diaz Road. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. 47. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements S~STAFFRPT~240~6.CC 2 0 48. 49. 50. 51. 52. 53. in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. f. Undergrounding of proposed utility distribution lines. The street design, grading and improvement concept of this project shall be coordinated with A.D. 155 and adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts, Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 500 feet or as approved by the Department of Public Works, All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 54. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment S\STAFFP, FI~240~6,CC 2 1 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). The subdivider shall submit two prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The report shall also address setback requirements for fault line areas. The subdivider shall submit two copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map, A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 65. The subdivider shall protect downstream properties from damages caused by S\STAFFRPTX240~6.CC 2 2 alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 66. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Flood Damage Prevention Ordinance 91-12 of the City of Temecula and the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. 67. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. 68. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 69. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 70. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of- way. 71. An application for development permit shall be submitted per Flood Damage Prevention Ordinance 91-12 of the City of Temecula. All requirements of this ordinance shall be complied with as directed and approved by the Department of Public Works. 72. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 73. All conditions of Riverside County Flood Control and Water Conservation District letter dated November 16, 1990, shall be complied with. 74. A permit from the County Flood Control District is required for work within its S\STAFFRPT~240~6.CC 2 3 right-of-way. 75. The subdivider shall submit a haul route plan, including but not limited to, specific information related to truck loads, destination, permission and clearance letters as requested. PRIOR TO BUILDING PERMIT: 76. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions, 77. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices, The final grading plan shall be in substantial conformance with the approved rough grading plan. 78. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; orovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 79. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. S~STAFFRPT~24086.CC 2 4 80. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 81. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. TransPortation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 82. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street improvement plans. 83. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Winchester Road North at Diaz Road, and shall be included in the street improvement plans with the second plan check submittal. 84. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the Western bypass corridor as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 85. The subdivider shall execute a reimbursement agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The percent of costs and the warrants for these signals shall be as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 86. "Prior to recordation of the Final Map, developer shall provide bus turnouts with pedestrian entrances as approved by Riverside Transit Authority and the Department of Public Works. Turnouts shall be shown on the Street Improvement Plans." SXSTAFFRFT~24086 .CC 2 5 PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 87. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY: 88. All traffic signals, signing and striping shall be installed and operational per the approved plans and as directed by the Department of Public Works per the approved focused traffic analysis. 89. All landscaping installation within corner cutoff areas at all intersections and adjacent to all driveways shall provide for adequate site distance. 90. Stop signs shall be installed within the project site of the intersection of local streets. 91. Diaz Road shall be striped with left turn pockets at each intersection adjacent to the project. S\STAFlUU'TU4086.CC 26 PARCEL KAPS 24085 -1., ..;.,:.;%%~. ~..~,:7,~,%..9.c:c..,,:o. ci.:' / indust.-:,.1 p.rc.,.. on side of Diaz Road no:'e west w,-chest.r Noad. ' r, of ~. f%%%%%' t%% n% o n of'rl' PLANNING COMMISSION MINUTES OCTOBER 21, 1991 COMMISSIONER FORD moved to close the public hearing at 9:00 P.M. and recommends that the City Council Adopt the Negative Declaration for Parcel Map No. 24086 and Adopt Resolution 91-(next~ approving Tentative Parcel Map No. 24086, adding Transportation Condition 86, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff CHAIRMAN HOAGLAND requested that in the overall staff report we urge the City Council to continue to work with the City of Murrieta on traffic issues. 12. PARCEL HAP 25139 12.1 Proposal to create 66 commercial/industrial parcels on a 97 acre site in the M-SC zone. Located on the westerly side of Diaz Road, north of the future extension of Winchester Road. COMMISSIONER FORD moved to continue Parcel Map 25139 for two weeks to look at the cut area on the westerly slope edge where the existing chaparral is and including modification to Condition 84 to refer to Diaz Road as opposed to Winchester Road. DOUG STEWART suggested having the applicant stake the upper boundaries of that tract so that the Commission could see where it falls on existing terrain. The applicant concurred with the request. COMMISSIONER BLAIR seconded the motion. The applicant provided the Commission with a picture of the boundaries. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff 13. PARCEL MAP 25408 13.1 Proposal to create 20 commercial/industrial parcels on a 36 acre site in the M-SC zone. Located on the ~- ~ ~4~ ~, southwest of the future APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 7, 1991 Case No.: Prepared By: Recommendation: Parcel Map No. 24086 Scott Wright 1. ADOPT the negative declaration; and 2. ADOPT Resolution No. 91- recommending approval of Parcel Map No. 24086 Rancho California City Center Association No. 1 NBS/Lowry To create 49 parcels on a 69.7 acre site Westerly side of Diaz Road, north of the future extension of Winchester Road Manufacturing-Service Commercial, M-SC North: South: East: West: Manufacturing-ServiceCommercialM-SC Manufacturing-ServiceCommercial M-SC Manufacturing-ServiceCommercial M-SC Manufacturing-ServiceCommercial M-SC Not Requested Vacant North: South: East: West: Vacant Vacant Murrieta Creek Vacant S\STAFFRPT~24086 .PM PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: Gross Site Area: Net Site Area: No. of Parcels: Average Parcel Size: Earthwork: 69.7 acres 53.3 acres 49 1.09 acres Cut = 349,000 yards Fill = 349,000 yards cubic cubic Tentative Parcel Map No. 24086 was submitted to the County on November 22, 1988. The application was continued at the Land Development Committee (LDC) meeting of January 12, 1989 pending submittal of paleontological and biological surveys, additional grading information, geology and liquefaction reports, flood plain information, and a traffic study. The LDC continued Parcel Map No, 24086 at four subsequent meetings, pending clearance from the County Geologist and the County Traffic Engineer, submittal of a paleontological report, submittal of a slope stability report, additional information regarding liquefaction, and clearance of the biological survey. Parcel Map No. 24086 was transmitted to the City on April 11, 1990. City staff requested a copy of the geologic report showing a restricted use zone, a traffic study, an archeology report, information regarding property boundaries and the alignment of Winchester Road, and landscape and architecture standards. The proposal is to create 49 parcels with an average parcel size of approximately one acre on a site with a gross area of 69.7 acres. There is an open space area 150 feet in width reflecting the restricted use zone recommended in the geologic report. The easterly side of the site in Murrieta Creek comprises a channel easement and a flood control easement to the County of Riverside. S~STAFFRPT~24088 .PM 2 ANALYSIS: Traffic Impacts Future development of the site of Parcel Map No. 24086 is expected to generate 5,150 vehicle trip ends per day. The traffic study prepared in conjunction with the project determined that projected future traffic based on existing traffic, project generated traffic, and traffic generated by other growth in the area will result in a peak hour Level of Service D or better at all intersections within the scope of the traffic study if recommended improvements are implemented. The recommendation include contributing to the extension of Diaz Road, providing traffic signals at certain intersection contributing to the signalization of other intersection, providing a signing and striping plan, and contributing to the construction of the Overland overcrossing and the restriping of Winchester Road to six lanes. These improvements are incorporated in the Conditions of Approval. Fault Hazards The site is traversed by a potentially active fault which was previously unmapped. The geologic report prepared in conjunction with the parcel map defines a fault zone with two branches and recommends the establishment of a restricted use zone to include observed faults, their in-line projections, and a buffer zone. The restricted use zone is shown on the tentative parcel map as an open space area 150 feet in width. No habitable structure shall be constructed within either branch of the restricted use zone. Liauefaction Potential Liquefiable soils are present in the lower lying portion of the site. Liquefaction may induce surface subsidence on the site in the range of 0.1 to 1.4 inches. The geologic report recommends that the effects of liquefaction, including the loss of bearing capacity, surface subsidence, and lateral spreading be re-evaluated for each individual structure on the S\STAFFRPl'~24086.PM 3 site when grading and building plans become available. Soil reports addressing the issues delineated above shall be a condition of approval of the subject parcel map and of any future development proposals on the site, Flood Hazard Approximately one half of the proposed parcels are located within the 100 year flood plain limits of Murrieta Creek. Measures to remove the project from the 100 year flood plain are listed in the conditions of approval (see County Flood Control District letter of November 16, 1990). Drainace The site is located within the limits of the Murrieta Creek/Temecuia Valley Area Drainage Plan and payment of drainage fees is required. All lots are required to drain toward adjacent streets or an adequate outlet approved by the City Engineer. Parcel Map No. 24086 is located adjacent to and upslope from the site. If development of the subject property occurs before development of the site of Parcel Map No. 24086 adequate inlet facilities shall be constructed to collect all tributary flows and convey them to Murrieta Creek. On-site grading shall be designed to penetrate existing tributary drainage areas and outlet points, and development of the subject and adjacent properties shall be coordinated to ensure that water courses remain unobstructed and that stormwaters are not diverted from one watershed to another. The site, including each phase if phasing occurs, shall be protected from 100 year tributary storm flows. Gradina Parcel Map No. 24086 will involve 349,000 cubic yards of cut and fill. Cut slopes will be less than 30 feet in height, and fill slopes be up to 10 feet high. S\STAFFRPT~24086.PM 4 Some cut will penetrate into the Pauba formation which consists of sandstone and siltstone. No cut of fill slopes will exceed a slope ratio of 2:1. The slope stability report determined that the proposed 2:1 cut slopes will be grossly stable to a maximum height of 29 feet, and surficial erosion potential should be mitigated by directing drainage away from the slope faces and installing landscape planting on the slopes. The recommendations of the slope stability report shall be included in the conditions of approval. Biological linDacts Biological surveys of the site found no evidence of the presence of any plant or animal species classified as rare or endangered. The project will involve the loss of foraging habitat for a number of species of birds, reptiles, and mammals. This is an incrementally adverse but regionally non-significant impact which is mitigated by the retention of an open space park area in the larger restrict use zone. Further mitigations may be required by State and Federal resource agencies relative to channel improvements for Murrieta Creek. The use of native California shrubs and trees in the landscaping will enhance reoccupation of the bird community. Landscape and Architectural Standards The applicant has provided a set of landscape and architectural standards to ensure that development of the site maintains a consistent level of quality. Conformity with the landscape and architectural standards will be required of all future development of the site. Water and Sewer Availability Water and sewer service will be available from the Rancho California Water District upon completion of financial arrangements between the property owner and the District. S\STAFFRPT~24086 .PM 5 Lot Line Adjustments and Street Realignments The formation of Assessment District 155 included a realignment of the right of way for the future extension of Winchester Road west of Diaz Road, Since the centerline of the right of way constituted the boundary between properties, the realignment which resulted in changes to property boundaries. The subject parcel map was affected by a realignment which resulted in changes to property boundaries. The subject parcel map was affected by a realignment of Winchester Road at the intersection with Avenida de Venta. In order to prevent discrepancies in the legal descriptions of the property at the time of recordation, staff has required that the applicant and other affected property owners eliminate the discrepancies by filing lot line adjustments, street vacations, and offers of rededication reflecting the new alignment of Winchester Road and the resulting changes in property boundaries. These requirements shall be completed prior to map recordation. Lgt Size All proposed lots encompass approximately one acre and are adequate to satisfy the minimum lot size of 7,000 square feet where sewers are available. All lots are over 100 feet wide and meet the minimum width requirement of 65 feet where sewers are available. Access All proposed parcels abut upon a street offered for public dedication. Access to the site is taken from Diaz Road and from the future extension of Winchester Road west of Diaz Road through streets "A", "B" and "C". No parcels shall take direct access from Winchester Road or Diaz Road. S\STAFFRPT~24086 .PM 6 Archaeological Resources The site of Parcel Map No. 24086 contains a recorded archaeological site (CA-RIV-237) which is believed to encompass approximately 70,000 square meters, part of which is out site of the subject property. During an archaeological surface survey of the site conducted in June of 1991, many pieces of basalt and quartz debitage, fragmented manos and metares, fire-i~ffected rocks, pestles, hammerstones, and fragments of bowls and pottery were observed. The recommendations of the Archaeological Assessment are to conduct 8 surface collection of the Site and to excavate a sufficient number of one cubic meter subsurface units to determine the depth, spatial extent, and significance of the site. The resulting information shall be used to determine whether the site is a unique resource for the area and whether measures to preserve the site or salvage some percentage of the cultural resources should be implemented. The Archaeological Assessment also includes the recommendation that an archaeologist be consulted for any future grading activities. These recommendations shall be incorporated as Conditions of Approval for Parcel Map No. 24086. In addition, a Native American representative shall be present during the archaelologaical excavation and also during grading. Fossil Resources The site is located in the fossiliferous Pauba Formation. In accordance with the recommendation of the San Bernardino County Museum, the subdivider shall retain a paleontologist to monitor grading operations, evaluate any fossils encountered during grading, prepare a report of finding, and provide for preservation and curation of recovered specimens. S\STAFFRPT~24086.PM 7 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Parcel Map No. 24086 is consistent with the Southwest Area Plan designation of the site for light industrial uses. The parcel map conforms to the requirements of the M-SC, Manufacturing-Service Commercial Zone. There is a reasonable probability that the project will be consistent with the future General Plan in that the project is consistant with a existing land uses and approved subdivisions in the vicinity. The Initial Study prepared for Parcel Map No. 24086 indicates that the project will not have any impacts on the environment which cannot be mitigated to a level of insignificance, and Staff recommends adoption of a Negative Declaration. The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercia-industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing- Service Commercial Zone, and existing land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. S\STAFFRPT~24088 .PM 8 . 10. 11. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and Ordinance No. 460, Schedule "E". The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. S\STAFFRPT~24086.PM 9 STAFF RECOMMENDATION: Staff recommends that the Planning Commission make the following recommendation to the City Council: ADOPT the Negative Declaration for Parcel Map No. 24086; and ADOPT Resolution 91 - approving Tentative Parcel Map No.24086 based on the analysis contained herein and subject to the attached Conditions of Approval. Attachments: 2. 3. 4. Resolution Conditions of Approval Environmental Assessment Exhibits A. Vicinity Map B. SWAP Map C, Zoning Map D. Tentative Parcel Map No, 24086 vgw S\STAFF~T~24086.PM I 0 RESOLUTION NO. 91-103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PARCEL MAP NO. 24086 TO SUBDIVIDE A 69.7 ACRE PARCEL INTO 49 PARCELS AT THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL 909-120-020. WHEREAS, Rancho California City Associates I filed Parcel Map No. 24086 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on October 7, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. FindingS. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan, (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: S\STAFFRPT%24086.RVI 11 a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 24086 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan, S\STAFFRPT~24086.PM 12 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g} That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will S\STAFFRPT~24Oee.PM 13 be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercia-industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing- Service Commercial Zone, and existing land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and Ordinance No. 460, Schedule "E". The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. S~STAFFRPT~24086,PM 14 The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Comoliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. S\STAFFRPT~24Oe6.PM 15 SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends that the City Council approve Parcel Map No. 27086 for the subdivision of a 69.7 acre parcel into 49 parcels located at the westerly side of Diaz Road north of the future extension of Winchester Road, and known as Assessor's Parcel 909-120-020 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4_=. PASSED, APPROVED AND ADOPTED this 7th day of October, 1991. JOHN E. HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 7th day of October, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: I PLANNING COMMISSIONERS ABSTAIN: I PLANNING COMMISSIONERS S\STAFFI~'I~24Oe6.PM 16 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: Project Description: Assessor's Parcel No.: 24086 To create 49 parcels on a 69.7 acre site 909-120-020 Planning DePartment The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. S\STAFFRPT~24088.PM I 7 Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: 10. 11. 12. 13. 14. 15. Be limited to a maximum slope ratio of 2 to I and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated June 13, 1991, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated November 16, 1990, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated June 5, 1991, a copy of which is attached. The applicant shall comply with the slope stability recommendations outlined in the County Geologist's transmittal dated September 6, 1989, a copy of which is attached. The applicant shall comply with the recommendations outlined in the County Geologist's transmittal dated October 16, 1989, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated July 3, 1991, a copy of which is attached. S~STAFFRPT~24086.PM 18 16. Lots created by this subdivision shall comply with the following: 17. 18. Lots created by this subdivision shall be in conformance with the development standards of the Manufacturing - Service Commercial zone. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 19. The following notes shall be placed on the Environmental Constraints Sheet: 20. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy as outlined in the Southwest Area Plan." "Archaeological and paleontological monitoring during grading is required, and summary report shall be submitted to the Planning Department prior to issuance of building permits." "Part of the site is located in the 100 year flood plain of Murrieta Creek. Measures to remove the project site from the flood plain are listed in the conditions of approval." '"The site is traversed by a potentially active earthquake fault. The map includes a restricted use zone in which no structures for human occupancy are allowed." Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: 1) If the project is to be phased, prior to the approval of grading permits', an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: S~STAFFRPT~24086.PM 19 21. 22. 23. Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3, Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. Prior to the issuance of grading permits a qualified archaeologist shall conduct a stratified surface sampling of archaeological site CA-RIV 237 and shall excavate 20 to 30 one cubic meter cubsurface units to determine the depth, spatial extent, and significance of the site. Based on the results of these tests, the extent of further sampling and data collection will be determined. A qualified archaeologist shall also monitor grading activities and shall have the authority to temporarily halt or redirect grading activity to allow recovery of cultural resources. A Native American representative shall be present during archaeological testing and during grading and shall also have the authority to temporarily halt or divert grading activity. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. A paleontologist shall be on-site to monitor grading operations. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Roof-mounted equipment shall be shielded from view of surrounding property. S%STAFF~°T~24086.PM 20 c. All street side yard setbacks shall be a minimum of 25 feet with at least 10 feet landscaped. 24. 25. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection, and certified in writing by the landscape architect. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate Stephens Kangaroo Rat Habitat Mitigation fee set forth in that ordinance, Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. 26. 27. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 24086, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Electrical lines rated 33kv or greater shall be exempted from the requirement to be installed underground. S\STAI:FF~T~24088 .PM 2 1 Covenants, Conditions and Restrictions/Reciprocal Access Easements: 28. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City, The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. The landscape and architecture standards shall be incorporated by reference into the CC&R's. S\STAFFRPT~24088 ,PM 2 2 30. 31. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. All parkways, open areas, and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this' maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. Prior to recordation of the final map, the applicant shall obtain approval of lot line adjustments, street vacations, and dedications to reflect the realignment of the future right-of-way of Winchester Road. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). S~STAFFRPT~24086 .PM 2 3 Deoartment of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 32. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CaITrans; and Parks and Recreation Department. 33. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 34. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. 35. Winchester Road shall be improved with 38 feet half street improvements plus one 12' lane, or bonds for the street improvements may be posted, within a 65' dedicated right-of-way in accordance with County Standard No. 101 (38'/50'). 36. Diaz Road shall be improved, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 101 (76'/100'). S~STAFFRPT~24086 .PM 24 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. Streets "A", "B" and "C" shall be improved, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 111 (56'/78'). Street "D" shall be improved with 28 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted within a 51 foot dedicated right-of-way in accordance with County Standard No. 111 (28'/39'). If construction is to be phased, the landowner/developer shall acquire sufficient public offsite rights-of-way to provide for secondary access road(s) to a paved and maintained road as may be needed. Said access road(s) shall be constructed in accordance with County Standard No. 106, Section B (32'/60'), at a grade and alignment approved by the Department of Public Works. A standard knuckle shall be constructed within the land division per Riverside County Standard No. 801. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Vehicular access shall be restricted on Winchester Road and Diaz Road and so noted on the final map with the exception of driveway openings and public street intersections as approved by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage if required shall be delineated or noticed on the final map. Where applicable, an easement for a joint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first, especially on Winchester Road and Diaz Road. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. S\STAFFRPT%24086.Pf~A 25 47. 48. 49. 50. 51. 52. 53. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. f. Undergrounding of proposed utility distribution lines. The street design, grading and improvement concept of this project shall be coordinated with A.D. 155 and adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 500 feet or as approved by the Department of Public Works. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. S\STAFFRPT~24086 ,PM 2 6 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). The subdivider shall submit two prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The report shall also address setback requirements for fault line areas. The subdivider shall submit two copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map; A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. S\STAFFRPT~24086.PM 27 65. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, inc!uding enlarging existing facilities or by securing a drainage easement. 66. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Flood Damage Prevention Ordinance 91-12 of the City of Temecula and the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. 67. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. 68. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 69. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 70. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of- way. 71. An application for development permit shall be submitted per Flood Damage Prevention Ordinance 91-12 of the City of Temecula, All requirements of this ordinance shall be complied with as directed and approved by the Department of Public Works. 72. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 73. All conditions of Riverside County Flood Control and Water Conservation District letter dated November 16, 1990, shall be complied with. mSTAFFRPT%24086.PM 28 74. A permit from the County Flood Control District is required for work within its right-of-way. 75. The subdivider shall submit a haul route plan, including but not limited to, specific information related to truck loads, destination, permission and clearance letters as requested. PRIOR TO BUILDING PERMIT: 76. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 77. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 78. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute 'the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; orovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 79. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. S~STAFFRPT~24088 ,PM ~) 9 80. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 81. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 82. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street improvement plans. 83. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Winchester Road North at Diaz Road, and shall be included in the street improvement plans with the second plan check submittal. 84. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the Western bypass corridor as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 85. The subdivider shall execute a reimbursement agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The percent of costs and the warrants for these signals shall be as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 86. '"Prior to recordation of the Final Map, developer shall provide bus turnouts with pedestrian entrances as approved by Riverside Transit Authority and the Department of Public Works. Turnouts shall be shown on the Street Improvement Plans." S\STAFFRPT~240ee.PM 30 PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 87. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY: 88. All traffic signals, signing and striping shall be installed and operational per the approved plans and as directed by the Department of Public Works per the approved focused traffic analysis. 89. All landscaping installation within corner cutoff areas at all intersections and adjacent to all driveways shall provide for adequate site distance. 90. Stop signs shall be installed within the project site of the intersection of local streets. 91. Diaz Road shall be striped with left turn pockets at each intersection adjacent to the project. S\STAFFRPT~24086 .PM 3 1 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Background 1, Name of Proponent: 2. Address and Phone Number of Proponent: Date of Environmental Assessment: NBS Lowry 27403 Ynez Road, Suite 209 Temecula. CA 92390 (714) 676-6225 August 21, 1991 II 4. Agency Requiring Assessment: 5. Name of Proposal, if applicable: 6. Location of Proposal: Environmental Impacts CITY OF TEMECULA Parcel MaD Nos. 24085 and 24086 Southwesterly of Diaz Road bounded bv the future extension of Winchester Road on the northwesterly and southwesterly sides of the site. (Explanations of all answers are provided on attached sheets.) Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? Disruptions, displacements, compac- tion or overcovering of the soil? Substantial change in topography or ground surface relief features? Ye~ Maybe No X X X S\STAFFI!>T~24088 .PM 3 2 The destruction, covering or modi- fication of any unique .geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Yqi Maybe NO X X X X X X X X X S\STAFFRPT~24086.PM 33 Plant a. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes Maybe No X X X X X X X X X X S\STAFFRPT~24086.PM 34 10. Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: Yes Maybe NO X X X X X X X X X X ~STAFFN:rI~24086.PM 35 11. 12. 13. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of 8n area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes X Maybe NO X X X X Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X X X X X S\STAFFRPT~24088 .PM 3 6 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b, Police protection? c. Schools? d $ Parks or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmental services: 15. Energy. Will the proposal result in: 16, Use of substantial amounts of fuel or energy? b$ Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Maybe NO X X X X X X X X X S\STAFFt~T%24086.PM Communications systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? 37 X X X 17. 18. 19. Human Health, Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Y~S Maybe No X X X X X X X X S\STAFFRPl~24086 .PM 3 8 21. Mandatory Findings of Significance. 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 or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Y~ Mavbq N0 X X X X S~STAFFRPT~24086,pM 39 III Discussion of the Environmental Evaluation 1.a,b,c. 1.d. 1.e. 1.f. 1.g. Yes, Parcel Map No. 24085 will involve 363,000 cubic yards of cut and fill, and Parcel Map No. 24086 will involve 349,000 cubic yards of cut and fill. Some cut will penetrate into the Pauba Formation which consists of sandstone and siltstone. Mitigation of liquefaction potential on the site may involve removal and recompaction of soil on the site, All cut and fill slopes will not exceed a 2:1 grade. Cut slopes on the site of Parcel Map No. 24085 will be up to 25 feet in height and fill slopes will be approximately 10 feet high. Cut and fill slopes on the site of Parcel Map No. 24086 will be less than 30 feet in height. The Slope Stability Report determined that the proposed 2:1 cut slopes will be grossly stable to a maximum height of 29 feet, and surficial erosion potential should be mitigated by directing drainage away from the slope faces and installing landscape planting on the slopes. The recommendations of the Slope Stability Report shall be included in the conditions of approval for the subject parcel maps. No. There are no unique geologic or physical features on the site. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydroseeding disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the conditions of approval. No. Any drainage into the Murrieta Creek channel will be via drainage improvements as approved by the City Engineer and will not result in erosion or siltation. Yes. Portions of the site are susceptible to liquefaction and subsidence, and the site is traversed by a potentially active fault. The Geology Report recommends that the effects of liquefaction, including loss of bearing capacity, surface subsidence and lateral spreading should be re- evaluated for each individual structure when grading and building plans become available. In accordance with the requirements of state law, a restricted use zone based on the geology report is shown on the map. The restricted use zone represents a setback from the earthquake fault S\STAFFRPT~24086 .PM 40 2.a,b,c. 3.a. 3.b. 3.c. 3.d. 3.e. 3.f,g. 3.h. on the site, and no structures for human occupancy will be permitted within the restricted use zone. Hazards to buildings outside of the restricted use zone due to groundshaking associated with the fault are addressed by the requirements of the Uniform Building Code. The geologic hazard mitigations recommended in the Geology Report and the County Geologists letter shall be conditions of approval, No. The proposed parcel map will not result in any impacts to air quality or the climate. Subsequent development proposals will be assessed for potential impacts to air quality and mitigation measures will be required if necessary. No. The portion of the property necessary for the future construction of Murrieta Creek flood control facilities is indicated on the tentative parcel map as a County Channel Easement. There will be no change in the course or direction of water in Murrieta Creek. Yes. The proposed parcel map will result in changes in the amount of surface runoff. The improvement of the site will provide for adequate drainage facilities as approved by the City Engineer. No. The project will result in minor, localized redirection of flood waters to the extent necessary to elevate the site above the 100 year flood plain elevation, but the overall direction and flow of flood waters will not be changed. Maybe. Grading and future development of the site may increase the amount of surface runoff flowing into the Murrieta Creek channel. This is not considered a significant impact and is consistent with the provisions of the Murrieta Creek Area Drainage Plan and Assessment District 155. Yes. Grading may result in an increase in turbidity in local surface water. This impact is temporary and is not considered significant. No. Recompaction of soil to mitigate the potential for liquefaction is not expected to result in a significant impact on the direction or rate of flow of ground waters. No. The proposed parcel map will not result in any impact on public water supplies. S\STAFFRPT~24086.PM 41 3.i. 4.a,b. 4.c. 4.d. 5.a,b. 5.c. 6.8. 6.b. 9.a,b. No. Prior to recordation of the proposed parcel map, the applicant shall obtain a Letter of Map Revision from the Federal Emergency Management Agency indicating that grading of the site or other improvements are adequate to ensure that the site will be above the 100 year flood plain elevation. No. A botanical survey of the site found no sensitive plant species on the site. Grazing and the introduction of non-native grasses have previously disturbed the natural native flora on the site. Maybe. Landscaping of the site may introduce some non-native species. This is not considered a significant impact. No. The site is not currently used as crop land. No. A biology survey of the site did not reveal the presence or any indications of any species classified as rare or endangered. Yes. The project will involve a loss of grass land and chaparral which provides foraging habitat for birds, mammals, and reptiles. In regional terms, the loss of foraging habitat is an incrementally adverse but non- significant impact. The biology report recommends the use of native California shrubs and trees to revegetate graded and open areas in order to enhance reoccupation of the bird community. Use of native plant life shall be a condition of approval. Yes. The proposed parcel map will result in increased noise levels during grading. This impact will be temporary and is not considered significant because the site is not near any noise sensitive land uses. No. Future development will be reviewed for potential noise impacts, and land uses which generate severe noise impacts will be prohibited or required to provide adequate noise mitigation. No. The proposed Parcel Map will not cause new light or glare, and subsequent development of the site will be subject to standard conditions prohibiting lighting from impacting adjacent properties and requiring low-glare sodium vapor lights. No. The proposed subdivision is consistent with the zone and the land use designation in which the property is located. No. The project will not involve a substantial increase in the rate of consumption of natural or non-renewable resources. S\STAFFRPT~24086 .PM 42 10.a,b. 11,12. 13.a. 13.b. 13.c,e. 13.d. No. The proposed parcel map will not involve the use of hazardous materials or interference with emergency response or evacuation plans. No. The proposal is not likely to alter the distribution or growth rate of the population or create a demand for new housing. Future development of the site will help address the imbalance of local jobs in relation to existing and approved housing. Yes. Future development of the site of Parcel Map No. 24085 is expected to generate 5,340 vehicle trip ends per day. 5, 150 trip ends per day are expected as a result of development of the site of Parcel Map No. 24086. The traffic study prepared in conjunction with the project determined that intersections and roadways in the vicinity will continue to operate at acceptable levels of service if recommended improvements are implemented. The following recommended traffic impact mitigations are incorporated into the Conditions of Approval for Parcel Map No. 24085. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street imporvements plans. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Avenida de Ventas at Diaz Road and Avenida de Ventas at Winchester Road, and shall be included in the street improvement plans with the second plan check submittal. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass corridor as determined by a focused traffic analysis approved by the Department of Public Works. No. Future development of the site will be required to provide adequate off-street parking as appropriate for the particular land use proposed. No. The project will have no impact upon existing transportation systems or upon water, rail, or air traffic. No. The proposed parcel maps will not alter present patterns of circulation. S\STAFFRPT~24086 .PM 43 13.f. 14.a-f. 15.a,b. 16.a-d,f. 16.e. 17.a,b. 18. 19. 20.a,b,c. No. The streets and intersections in the vicinity will continue to operate at acceptable levels of service if recommended street improvements are implemented. The street improvements will be conditions of approval for the proposed parcel map. No. The project will not result in a need for new public services. Future development will generate an increase in the need for public services in the areas of fire and police protection and road maintenance. Payment of the required traffic signal mitigation fee, the facility fee, and property taxes will fund the additional public services. No. The project will not result in a substantial use or increase in demand for fuel or other energy sources. No. Future development of the site will require only hook up to or service by existing utility systems and will not result in a need for new or substantially altered utility systems. Yes. The proposed Parcels Maps will involve the construction of the Murrieta Creek Channel through the site. The construction of channel improvements will be in compliance with the recommendations of the County Flood Control District and will be provided by the developer or by the developer's participation in an assessment district. No. The proposed parcel map will not result in any potential health hazards. Future development will be assessed for potential health hazards, and mitigations, if needed, shall be required. No. The proposal will not result in the obstruction of any scenic views. Future development will be reviewed in order to prevent the construction of aesthetically offensive structures or site layouts. No. The site is not currently used for recreational purposes. Maybe. The site of Parcel Maps 24085 and 24086 contain a recorded archaeological site (CA-RIV-237) which is believed to encompass approximately 70,000 square meters, part of which is outside of the subject property. During an archaeological surface survey of the site conducted in June of 1991, many pieces of basalt and quartz debitage, fragmented manos and metares, fire-affected rocks, pestles, hammerstores, and fragments of bowls and pottery were observed. The recommendations of the Archaeological Assessment are to conduct a surface collection of the site and to excavate a sufficient number of one cubic meter subsurface units to determine the depth, spatial extent, and S\STAFFRPl~24086,PM 44 20,d. 21 .a. 21 .b,c. 21 .d. significance of the site. The resulting information shall be used to determine whether the site is a unique resource for the area and whether measures to preserve the site or salvage some percentage of the cultural resources should be implemented. The Archaeological Assessment includes the recommendation that an archaeologist be consulted for any future grading activities. These recommendations shall be incorporated as Conditions of Approval for Parcel Maps 24805 and 24806. In addition, a Native American representative shall be present during archaeological excavation and also during grading. No. The site is not used for any religious or sacred purposes. No. Although the project will result in a reduction of foraging habitat, this impact is not considered regionally significant. The inclusion of native trees and shrubs in the landscaping will provide adequate mitigations for potential biological impacts due to reduction of foraging habitat. No. The long term and cumulative traffic impacts of the project will be adequately mitigated by the street improvements recommended by the traffic study which are conditions of approval for the proposed parcel map, Streets and intersections in the vicinity will continue to operate at acceptable levels of service, No, The proposed parcel map will not create any health hazards. Environmental review of future development of the site will address any potential health hazards and mitigations, if necessary, will be required. S~STAFFRPT~24086 .PM 45 ENVIRONMENTAL DETERMINATION 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 signi- ficant effect on the environment, there will not be a signi- ticant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required, X August 12, 1991 Date For CITY OF TEMECULA S%STAFFRPT~240ee.PM 46 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: The following fees were reviewed by Staff relative to their applicability to this project. Feq Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Aooroval Condition No. Condition No. Condition No. Condition No. Condition No. Condition No. Condition No. S~STAFFRPT~24086 .PM 47 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Background 1. Name of Proponent: 2. Address and Phone Number of Proponent:. Date of Environmental Assessment: NBS Lowrv 27403 Ynez Road, Suite 209 Temecula. CA 92390 (714) 676-6225 August 21, 1991 II 4. Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: CITY OF TEMECULA Parcel MaD Nos. 24085 and 24086 Southwesterly of Diaz Road bounded bv the future extension of Winchester Road on the northwesterly and southwesterIv sides of the site. Environmental ImPacts (Explanations of all answers are provided on attached sheets.) Yes Maybe NQ Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compac- tion or overcovering of the soil? X c. Substantial change in topography or ground surface relief features? X S\STAFFRPTX24086.CC 2 7 The destruction, covering or modi- fication of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Yes Maybe No X X X X X X X X X S~ST^FBm~24086.CC 2 8 Cm Plant 8. C m Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes Maybe N0 X X X X X X X X X X 10. Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: Yes Maybe NQ X X X X X X X X X S',,STAFFRFI'~14086.CC 3 0 11. 12. 13. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes X Maybe NO X X X X Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X X X X X S~STAF~.CC 3 1 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmentalservices: 15. Energy. Will the proposal result in: 16. Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Yes Maybe NO X X X X X X X X X Communications systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? 32 X X X 17. 18. 19, Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe NO X X X X X X X X 21. Mandatory Findings of Significance. 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 or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yq6 Maybe No X X X X S\STAFFP, PTX~086.CC 3 4 III Discussion of the Environmental Evaluation 1.a,b,c. Yes. Parcel Map No. 24085 will involve 363,000 cubic yards of cut and fill, and Parcel Map No. 24086 will involve 349,000 cubic yards of cut and fill. Some cut will penetrate into the Pauba Formation which consists of sandstone and siltstone. Mitigation of liquefaction potential on the site may involve removal and recompaction of soil on the site. All cut and fill slopes will not exceed a 2:1 grade. Cut slopes on the site of Parcel Map No. 24085 will be up to 25 feet in height and fill slopes will be approximately 10 feet high. Cut and fill slopes on the site of Parcel Map No. 24086 will be less than 30 feet in height. The Slope Stability Report determined that the proposed 2:1 cut slopes will be grossly stable to a maximum height of 29 feet, and surficial erosion potential should be mitigated by directing drainage away from the slope faces and installing landscape planting on the slopes. The recommendations of the Slope Stability Report shall be included in the conditions of approval for the subject parcel maps. 1.d. No. There are no unique geologic or physical features on the site. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydroseeding disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the conditions of approval. 1.f. No. Any drainage into the Murrieta Creek channel will be via drainage improvements as approved by the City Engineer and will not result in erosion or siltation. 1.g. Yes. Portions of the site are susceptible to liquefaction and subsidence, and the site is traversed by a potentially active fault. The Geology Report recommends that the effects of liquefaction, including loss of bearing capacity, surface subsidence and lateral spreading should be re- evaluated for each individual structure when grading and building plans become available. In accordance with the requirements of state law, a restricted use zone based on the geology report is shown on the map. The restricted use zone represents a setback from the earthquake fault S\STAFFRPT~24086.CC ;3 5 2.a,b,c. 3.8. 3.b. 3.c. 3.d. 3.e. 3.f,g. 3.h. on the site, and no structures for human occupancy will be permitted within the restricted use zone. Hazards to buildings outside of the restricted use zone due to groundshaking associated with the fault are addressed by the requirements of the Uniform Building Code. The geologic hazard mitigations recommended in the Geology Report and the County Geologists letter shall be conditions of approval. No. The proposed parcel map will not result in any impacts to air quality or the climate. Subsequent development proposals will be assessed for potential impacts to air quality and mitigation measures will be required if necessary. No. The portion of the property necessary for the future construction of Murrieta Creek flood control facilities is indicated on the tentative parcel map as a County Channel Easement. There will be no change in the course or direction of water in Murrieta Creek. Yes. The proposed parcel map will result in changes in the amount of surface runoff. The improvement of the site will provide for adequate drainage facilities as approved by the City Engineer. No. The project will result in minor, localized redirection of flood waters to the extent necessary to elevate the site above the 100 year flood plain elevation, but the overall direction and flow of flood waters will not be changed. Maybe. Grading and future development of the site may increase the amount of surface runoff flowing into the Murrieta Creek channel. This is not considered a significant impact and is consistent with the provisions of the Murrieta Creek Area Drainage Plan and Assessment District 155. Yes. Grading may result in an increase in turbidity in local surface water. This impact is temporary and is not considered significant. No. Recompaction of soil to mitigate the potential for liquefaction is not expected to result in a significant impact on the direction or rate of flow of ground waters. No. The proposed parcel map will not result in any impact on public water supplies. ~STAFFRPT~6.CC 36 3.i. 4.a,b. 4.c. 4.d. 5.a,b. 5.c. 6.8. 6.b. 9.a,b. No. Prior to recordation of the proposed parcel map, the applicant shall obtain a Letter of Map Revision from the Federal Emergency Management Agency indicating that grading of the site or other improvements are adequate to ensure that the site will be above the 100 year flood plain elevation. No. A botanical survey of the site found no sensitive plant species on the site. Grazing and the introduction of non-native grasses have previously disturbed the natural native flora on the site. Maybe. Landscaping of the site may introduce some non-native species. This is not considered a significant impact. No. The site is not currently used as crop land. No. A biology survey of the site did not reveal the presence or any indications of any species classified as rare or endangered. Yes. The project will involve a loss of grass land and chaparral which provides foraging habitat for birds, mammals, and reptiles. In regional terms, the loss of foraging habitat is an incrementally adverse but non- significant impact. The biology report recommends the use of native California shrubs and trees to revegetate graded and open areas in order to enhance reoccupation of the bird community. Use of native plant life shall be a condition of approval. Yes. The proposed parcel map will result in increased noise levels during grading. This impact will be temporary and is not considered significant because the site is not near any noise sensitive land uses. No. Future development will be reviewed for potential noise impacts, and land uses which generate severe noise impacts will be prohibited or required to provide adequate noise mitigation. No. The proposed Parcel Map will not cause new light or glare, and subsequent development of the site will be subject to standard conditions prohibiting lighting from impacting adjacent properties and requiring low-glare sodium vapor lights. No. The proposed subdivision is consistent with the zone and the land use designation in which the property is located. No. The project will not involve a substantial increase in the rate of consumption of natural or non-renewable resources. S~STAFFRPl~24C~6.CC 3 7 lO.a,b. 11,12. 13.a. 13.b. 13.c.e. 13.d. No. The proposed parcel map will not involve the use of hazardous materials or interference with emergency response or evacuation plans. No. The proposal is not likely to alter the distribution or growth rate of the population or create a demand for new housing. Future development of the site will help address the irabalance of local jobs in relation to existing and approved housing. Yes. Future development of the site of Parcel Map No. 24085 is expected to generate 5,340 vehicle trip ends per day. 5, 150 trip ends per day are expected as a result of development of the site of Parcel Map No. 24086. The traffic study prepared in conjunction with the project determined that intersections and roadways in the vicinity will continue to operate at acceptable levels of service if recommended improvements are implemented. The following recommended traffic impact mitigations are incorporated into the Conditions of Approval for Parcel Map No. 24085. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street imporvements plans. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Avenida de Ventas at Diaz Road and Avenida de Ventas at Winchester Road, and shall be included in the street improvement plans with the second plan check submittal. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass corridor as determined by a focused traffic analysis approved by the Department of Public Works. No. Future development of the site will be required to provide adequate off-street parking as appropriate for the particular land use proposed. No. The project will have no impact upon existing transportation systems or upon water, rail, or air traffic. No. The proposed parcel maps will not alter present patterns of circulation. S~STAFFRPT~24086.CC 3 8 13.f. 14.a-f. 15.a,b. 16.a-d,f. 16.e. 17.a,b. 18. 19. 20.a,b,c. No. The streets and intersections in the vicinity will continue to operate at acceptable levels of service if recommended street improvements are implemented. The street improvements will be conditions of approval for the proposed parcel map. No. The project will not result in a need for new public services. Future development will generate an increase in the need for public services in the areas of fire and police protection and road maintenance. Payment of the required traffic signal mitigation fee, the facility fee, and property taxes will fund the additional public services. No. The project will not result in a substantial use or increase in demand for fuel or other energy sources. No. Future development of the site will require only hook up to or service by existing utility systems and will not result in a need for new or substantially altered utility systems. Yes. The proposed Parcels Maps will involve the construction of the Murrieta Creek Channel through the site. The construction of channel improvements will be in compliance with the recommendations of the County Flood Control District and will be provided by the developer or by the developer's participation in an assessment district. No. The proposed parcel map will not result in any potential health hazards. Future development will be assessed for potential health hazards, and mitigations, if needed, shall be required. No. The proposal will not result in the obstruction of any scenic views. Future development will be reviewed in order to prevent the construction of aesthetically offensive structures or site layouts. No. The site is not currently used for recreational purposes. Maybe. The site of Parcel Maps 24085 and 24086 contain a recorded archaeological site (CA-RIV-237) which is believed to encompass approximately 70,000 square meters, part of which is outside of the subject property. During an archaeological surface survey of the site conducted in June of 1991, many pieces of basalt and quartz debitage, fragmented manos and metates, fire-affected rocks, pestles, hammerstores, and fragments of bowls and pottery were observed. The recommendations of the Archaeological Assessment are to conduct a surface collection of the site and to excavate a sufficient number of one cubic meter subsurface units to determine the depth, spatial extent, and 8\STAFFRFI'~24096.CC 3 9 20.d. 21 .a. 21 .b,c. 21 .d. significance of the site. The resulting information shall be used to determine whether the site is a unique resource for the area and whether measures to preserve the site or salvage some percentage of the cultural resources should be implemented. The Archaeological Assessment includes the recommendation that an archaeologist be consulted for any future grading activities. These recommendations shall be incorporated as Conditions of Approval for Parcel Maps 24805 and 24806. In addition, a Native American representative shall be present during archaeological excavation and also during grading. No. The site is not used for any religious or sacred purposes. No. Although the project will result in a reduction of foraging habitat, this impact is not considered regionally significant. The inclusion of native trees and shrubs in the landscaping will provide adequate mitigations for potential biological impacts due to reduction of foraging habitat. No. The long term and cumulative traffic impacts of the project will be adequately mitigated by the street improvements recommended by the traffic study which are conditions of approval for the proposed parcel map. Streets and intersections in the vicinity will continue to operate at acceptable levels of service. No. The proposed parcel map will not create any health hazards. Environmental review of future development of the site will address any potential health hazards and mitigations, if necessary, will be required. S~STAFFRFI~24086.CC 4 0 ENVIRONMENTAL DETERMINATION 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 signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X August 12. 1991 Date For CITY OF TEMECULA S\STAFFRPT~24086.CC 4 1 CITY OF TEMECULA ) / /5/ \\\: SITE_. //~ ./ / // .//~ : // ./ ./ VICINITY MAP CASE NO. P.C. DATE L~ "7/ql CITY OF TEMECULA ) \ / // RLI SWAP MAP CITY OF TEMECULA ~ ZONE MAP CASE NO, C.C. DATE CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.:Tentative Parcel MaD No. 24086 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 25 Condition No. N/A Condition No. 78 Condition No. 50 Condition No. N/A Condition No. 12 Condition No. 72 S\STAFFRPT\24086.CC 4 2 APPROVAL CITY ATTORNEY '. FINANCE OFFICEI~z~----~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department December 10, 1991 Adult Business Ordinance PREPARED BY: RECOMMENDATION: APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: BACKGROUND: DISCUSSION: Oliver Mujica 1. ADOPT Ordinance No. 91-XX entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 5 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE REGUI. A TIONS OF ADULT BUSINESSES." City of Temecula An Ordinance establishing regulations for the establishment and operation of Adult Businesses. City Wide On October 9, 1990, the City Council adopted Ordinance No. 90- 18, "an interim urgency ordinance relating to adult businesses and requiring a permit". The City Council also directed the Planning Department Staff to prepare a permanent ordinance establishing regulations for adult businesses due to the inadequacy of Riverside County Ordinance NO. 348, as it relates to such uses. Pursuant to this direction, the Planning Staff, in collaboration with the City Attorney, has prepared the attached "Draft" Ordinance which includes the following main components: S\STAFFRPT\FORM-1 1 STAFF RECOMMENDATION: Adult Businesses are permitted only in the C-1/C-P zoning districts, subject to the approval of a conditional use permit. Adult Businesses shall not be located within 1,000 feet of sensitive uses (i.e. residential developments, churches, schools, parks, etc.). Adult Businesses shall not be located within 200 feet of another adult business. Exhibit "A" graphically illustrates the current zoning districts that permit adult businesses; and, Exhibit "B" graphically illustrates the zoning districts that the Planning Staff is proposing to allow adult businesses subject to the approval of a conditional use permit. On October 21, 1991, the Planning Commission considered this ordinance and forwarded a recommendation of approval by a vote of 5-0. The Planning Department Staff recommends that the City Council: 1. ADOPT Ordinance No. 91-XX entitled: ",AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CH,APTER 5 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE REGULATIONS OF ADULT BUSINESSES." Attachments: Ordinance No. 91-XX Exhibit "A" - Current Zoning Districts Exhibit "B" - Proposed Zoning Districts Public Hearing Notice Planning Commission Resolution No. 91 -XX, Recommending Approval of Adult Business Ordinance Planning Commission Staff Report (Dated October 21, 1991) Planning Commission Minutes (Dated October 21, 1991) ORDINANCE NO. 9~.- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDI- NANCE'S AND ADDING CHAPTER 5.05 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE REGULATION OF ADULT BUSINESS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. That the Temecula City Council hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its deci- sions be consistent with the general plan, if all of the follow- ing requirements are met: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The planning agency finds, in approving projects and taking other actions, each of the following: (l) There is reasonable probability that the land use or action proposed will be consistent with the general plan proposal being consid- ered or studied or which will be studied within a reasonable time; (2) There is little or no probability of substan- tial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan; (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for 1 the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The city council finds, in adopting land use regu- lations pursuant to this title, each of the fol- lowing: (1) There is reasonable probability that Ordi- nance No. 91- will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substan- tial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. WHEREAS, studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult businesses adjacent to residential, religious, educational, or other adult businesses can cause other businesses and residents to move elsewhere. Adult businesses are linked to increases in crime rates in areas surrounding such businesses and such businesses may adversely affect the public health, safety, and welfare of citizens; and WHEREAS, adult uses are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods, thereby having a deleterious effect upon the adjacent areas. Special regulation of these areas is necessary to ensure that these adverse effects will not contribute to the blighting or downgrad- ing of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing the concentration or 2 location of these uses in a manner that would create such adverse effects; and WHEREAS, the City Council finds that this Ordinance provides a sufficient number of locations within the City in which all of the types of businesses regulated by this Ordinance be conducted. The location and design standards established by this Ordinance do not unreasonably restrict the development of adult-oriented businesses; and WHEREAS, permitting and/or licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented business comply with reasonable regulations and to ensure that operators do not knowingly allow their estab- lishments to be used as places of illegal sexual activity or solicitation. SECTION 2. City Ordinance No. 90-04 adopted by reference portions of the non-codified Riverside County Ordi- nance. On the effective date of this Ordinance, the following provisions of the non-codified Riverside County Ordinances, which City Ordinance No. 90-04 adopted, are hereby repealed: (A) Ordinance No. 627 relating to picture arcades. SECTION 3. Chapter 5.05 is hereby added to the Temecula Municipal Code, which shall read as follows: "CHAPTER 5.05 ADULT BUSINESSES 5.05.002 Purpose and Intent. It is purpose and intent of this Ordinance to provide for the comprehensive and orderly regulation of adult businesses. It is recognized that these establishments by their very nature may have serious objectionable operational characteristics which, when concentrated, can have a deleterious effect upon areas. In order to protect and preserve the public health, safety and welfare of the citizenry, especially including minors, special regulation of the time, place and manner of the operation and location of these establishments is necessary. The provisions Of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any commutative materials, including sexually oriented materials. 5.05.004 Definitions. The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. (a) "Adult Bookstore" means a commercial establishment which, as one of its principal business purposes, 3 (b) (c) offers for sale or rental for any form of consid- eration any one or more of the following: (1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion picture, video cassettes or video reproduc- tions, slides, or other visual representa- tions which depict or describe "specified sexual activities" or "specified anatomical areas"; instruments, devices, or parapherna- lia which are designed for use is connection with "specified sexual activities" a commer- cial establishment may have other principal business purposes that do not involve the offering for sale or rental material depict- ing or describing "specified sexual activi- ties" or "specified anatomical ares" still be categorized as Adult Book Store or Adult Video Store. Such other business purposes will not serve to exempt to serve such com- mercial establishments from being categorized as an Adult Bookstore or Adult Video Store so long as one of its principal purposes is the offering for sale or rental for consideration the specified materials which depict or de- scribe "specified sexual activities" or "specified anatomical areas." "Adult business" means a business which is con- ducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such businesses. "Adult business" also means and includes any adult arcade, adult bookstore, adult cabaret, adult hotel or motel, adult the- ater, adult model studio, body painting studio, massage parlor and any other business involving "specified sexual activities" or display or "spec- ified anatomical areas." "Adult cabaret" means any nightclub, bar, restau- rant, or similar establishment which is distin- guished or characterized by its emphasis in the entertainment presented on: (1) Live performances which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical area; and/or (2) Films, motion pictures, video cassettes, slides or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for the observation by patrons. (d) "Adult hotel/motel" means a hotel, or similar commercial establishment which: (1) Offers accommodations to the public for any form of consideration; (2) Provides patrons with close circuit televi- sion transmissions, films, motion pictures, video cassettes, slides, or other photograph- ic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible for the public right of way which advertises the availabili- ty of this adult type of photographic repro- ductions; or (3) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or (4) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours. (e) "Adult model studio" means any establishment open to the public where for any form of consideration of gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or otherwise depicted by persons other than the proprietor paying such con- sideration or gratuity. This provision shall not apply to any school of art, a firm which operated by an individual, firm association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California of the issuance or conferring of a diploma. (f) "Adult picture arcade" means any place to which the public is permitted or invited wherein coin or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine, at any one time, and where the emphasis of the images so displayed is on depiction of specified sexual activities or specified anatomical areas. 5 (g) (h) (i) (j) (k) (1) "Adult theater" means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which presents live enter- tainment, films, motion pictures, slide photo- graphs, video cassettes or similar photographic reproductions which are distinguished or charac- terized by their emphasis on matter depicting, describing or relating to specified sexual activi- ty or specified anatomical areas. "Body painting studio" means any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas. "Escort" means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately per- form a strip tease for another person. "Escort Agency" means any person or business asso- ciation who furnishes, offers to furnish, or ad- vertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consid- eration. "Establishment" means and includes any of the following: (1) The opening or commencement of any sexually oriented business; (2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) The additions of any sexually oriented busi- ness to any other existing sexually business; or (4) The relocation of any sexually oriented busi- ness. "Massage parlor" means any place where for any form of consideration or gratuity, massage, alco- hol rub, administration of fomentations, electric or magnetic treatments, or any other treatment of manipulation of the human body occurs. (m) (n) (o) (p) (q) (r) "Material relative to adult businesses" means and includes but is not limited to accessories, books, magazines, photographs, prints, drawings, paint- ings, motion pictures and pamphlets or any combi- nation thereof. "permittee" means a person in whose name a permit to operate an adult business has been issued as well as the individuals listed as an applicant on the application for a permit. "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. "Sexual Encounter/Rap Center" means any business or commercial enterprise that, as one of its pri- mary business purposes, offers any form of consid- eration: 1) physical contact in the form of wres- tling or tumbling between persons of the opposite sex~ or 2) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity. "Specified anatomical areas" means and includes any of the following: (1) Less than complete and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point above the top of the areola; or (2) Human male genitals in a discernible turgid state, even if completely or opaquely cov- ered. "Specified sexual activities" means and includes any of the following: (1) The fondling or touching of human genitals, public regions, buttocks, anus or female breasts, or (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copu- lation, or sodomy; or (3) Masturbation, actual or simulated; or 7 (4) Excretory functions as part of, or in connec- tion with, any of the activities set forth in subsections 1 through 3 of this section; or (5) Human genitals in a state of sexual stimulation or arousal. (s) "Transfer of ownership or control" of an adult business means and includes any of the following: (1) The sale, lease, or sub-lease of a business; (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or other similar means; or (3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. 5.05.006 Restricted to commercial Zones. Notwithstanding any provision to the contrary in this Chapter, no adult business shall be established, expanded or conducted except in a C-1/CP zone and then shall conform to all regulations contained in this Chapter. 5.05.008 Conditional Use Permit. No adult business shall be opened, established or relocated except upon the granting of a conditional use permit therefore in accordance with Section 18.28 of Ordinance No. 348 of the Non-Codified codes of the County of Riverside as adopted by the City of Temecula pursuant to Ordi- nance No. 90-04 and Section 1 thereof, in addition to an Adult Business Permit required by this Chapter. The requirements of Ordinance 348 and of this Chapter first shall be construed in a manner to make them compatible. Where there is a conflict in provisions between the two, the provisions of this Chapter shall control. 5.05.010 Operational Criteria. In addition to the base zone requirements governing use pursuant to Section 5.05.006 the following additional requirements shall be satisfied by adult businesses. such additional requirements shall be included in any approved Conditional Use Permit. (a) Locational Standards. (1) No adult business shall be located within one thousand (1,000) feet of: Any residential use, whether inside or outside of the Temecula City limits; Any church, chapel, or similar regular place of worship, whether inside or outside of the Temecula City limits; Any school or day care establishment, public or private, park or playground, whether inside or outside of the Temecula city limits; Any retirement home or convalescent hospital, whether inside or outside the Temecula City limits; of (2) (3) (5) Any recreational facility, such as game arcade, bowling alley, skateboard rink, skating rink, or similar area where minors regularly congregate, whether inside or outside of the Temecula City limits; City Hall, City Offices, and other pub- lic buildings; Libraries, whether inside or outside of the Temecula City limits. An adult business may not be operated within two hundred (200') feet of another adult business, whether within or outside of the Temecula City limits. An adult business may not be operated in the same building, structure, or portion thereof, containing another adult business. For purposes of this Ordinance, all distance shall be measured in a straight line, without regard for intervening structures, from the nearest property line for which the adult business will be located to the nearest prop- erty line of a use or district listed above. For purposes of subsection (2) of this sec- tion, the distance between any two adult businesses shall be measured in a straight line, without regard to intervening struc- tures or objects, from the closest exterior 9 (b) (c) (d) (e) (f) (g) (h) (i) wall of the structure in which each business is located. A person may not operate an adult business without a valid permit, issued by the City for the partic- ular type of business. Said use shall have a separate business entrance adjacent to the required parking area. Additional off-street parking facilities may be required if deemed necessary by the City. The city Planning Commission shall review and approve all signing and architectural graphics. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Temecula. No adult business shall be operated in any manner that permits the observation of any material de- picting, describing or relating to specified sexu- al activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. Lighting in Parking Lots. Lighting shall be re- quired which is designed to illuminate all off- street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on the required plot plans and shall be reviewed and approved by the Department of Community Develop- ment. Amplified Sound. No loudspeakers or sound equip- ment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City of Temecula. The building entrance to an adult business shall be clearly and legibly posted by a notice indicat- ing that minors are precluded from entering the premises. Said notice shall be constructed and 10 posted to the satisfaction of the Planning Direc- tor. (j) Picture Arcades. No picture arcade shall be maintained or operated unless the complete interior of the picture arcade is visible upon entrance to such picture arcade. No partially or fully enclosed booths or partially or fully con- cealed booths shall be maintained. Notwith- standing this Ordinance, any picture arcade lawfully in existence prior to the adoption of this subsection shall conform to the pro- vision of this subsection within three (3) months of the effective date of this Section. This subsection shall also be applicable to any picture arcade which is not open for business prior to the date that this section takes effect. (2) Minimum Lighting. No person shall operate a picture arcade unless a light level of not less that two (2) foot candles at floor level is maintained in every portion of said estab- lishment to which the public is admitted. (3) Wall and Partition Construction. No person shall operate a picture arcade unless any wall or partition which is situated so as to create a room or enclosure in which any image producing device is located is constructed of not less than 1-hour fire resistive material. (4) Minimum Aisle Width. No person shall operate a picture arcade in which the width of the aisles in any room where an image producing device is located is less than forty-two (42) inches. (5) Minimum Doorways. No person shall operate a picture arcade unless there are no fewer than two (2) doorways of a width no less than thirty-six (36) inches which provide ingress or egress from any room from which an image producing device is located; provided, howev- er, that one (1) doorway shall be sufficient in the event the fire marshal should so de- termine. The doorway or doorways shall be unlocked during business hours. ll (6) Lighted Exit Signs. No person shall operate a picture arcade unless over every doorway which provides egress from any room in which an image producing device is located, an internally illuminated exit sign with letters of at least five (5) inches in height is maintained. (7) Maximum, Occupancy Load. No person shall operate a picture arcade in which the number of persons in any room or partitioned portion of a room where an image producing device is located exceeds one (1) person per thirty (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which an image producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance to said room. (8) Maximum Number Of Devices. No person shall operate a picture arcade in which the number of image producing devices exceeds the maxi- mum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located. (k) Adult Motels. (1) Evidence that a sleeping room is in a hotel, motel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Chapter. (2) A person is in violation of the provisions of this Chapter if, as a person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult business permit, he/she rents or sub-rents a sleeping room to that person and, within ten (10) hours from the time the room is rented, he/she rents or sub-rents the same sleeping room again. (3) For purposes of sub-section (2) of this sec- tion, the term "rent" or "sub-rent" means the act of permitting a room to be occupied. 12 5.05.012 Adult Business Conditional Use Permit. Application for conditional use permit for an adult business shall be accompanied by: (1) A statement that the site of the proposed business is not located: Within one thousand (1,000) feet of any district, structure or boundary as de- fined in Section 5.05.010; Within two hundred (200) feet of another adult businesses, whether within or outside of the Temecula City limits. (2) A scale map or drawing accurately depicting land uses within a radius of one thousand (1,000) feet of the exterior boundaries of the property on which the adult business is proposed to be operated. 5.05.014 Issuance of Adult Business Permit. An applicant for the operation of an adult businesses must obtain an adult busi- ness permit in addition to a conditional use permit. Such adult business permit shall be non-transferable and must be renewed on an annual basis on the anniversary date of the original applica- tion. The permit obtained is not transferable and a new permit must be obtained if the business is leased, sold or otherwise transferred for any reason. Applicants for such permits shall file a written, signed and verified application or renewal application on a form provided by the Community Development Department. (1) The name and permanent address of applicant. (2) The name and business address of the appli- cant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than twenty-five percent (25%) of the stock of the corpora- tion. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners; (3) A detailed description of the manner of pro- viding proposed entertainment, including type 13 (c) (d) of entertainment and the number of persons engaged in the entertainment; (4) Hours of operation; (5) A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building; (6) The name or names of the person or persons having the management or supervision of applicant's business and of any entertain- ment; (7) A statement of the nature and character of applicant's business if any, to be carried on in conjunction with such entertainment; and (8) For a renewal application, applicant in addi- tion shall indicate any changes since the filing of the initial application. All applications for a permit or renewal shall be filed with the City Police Department on forms prescribed by the Police Department. Each appli- cation determined by resolution of the City Coun- cil shall be accompanied by a non-refundable fee for filing or renewal determined by resolution of the City Council, which fees will be used to de- fray the costs of investigation, inspection and processing of such applicants. After an investigation, the Police Chief shall approve the issuance of a permit or renewal unless he finds one or more of the following to be true: (1) That the building, structure, equipment and location used by the business for which a permit is required herein does not comply with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Temecula; (2) That the applicant, his or her employee, agent, partner, director, officer, stockhold- er or manager has knowingly made any false, misleading or fraudulent statement of materi- al fact in the application for a permit, or in any report or record required to be filed with the Police Department, Sheriff or other department of the City; 14 (3) That the applicant has had any type of adult business permit revoked by any public entity within two (2) years of the date of the ap- plication; (4) That on the date that the business for which a permit is required herein commences, and thereafter, there will be no responsible per- son on the premises to act as manage at all times during which the business is open; (5) That the applicant has not shown how the on- premises manager will prevent the business from being used as a place where prostitu- tion, assignation Or any lewd act could oc- cur; (6) That a conditional use permit has not been granted for the use; or (7) That an applicant is under eighteen (18) years of age. 5.05.016 Decision of Police Chief. The decision of the Police Chief regarding a permit application shall be issued within 45 days of the date of the filing of the application unless he has set the matter for hearing before the City Council. Such hearing must be held and a decision rendered within sixty (60) days from the date of the application, unless the matter is continued at the request of the applicant. No application for a permit shall be denied without giving the applicant an opportunity for a hearing before the City Council. 5.05.018 InsPection. An applicant, or permittee shall permit representatives of the Sheriff's Department, Health Department, Fire Department, Code Enforcement, Planning Department, or other City Departments or Agencies to inspect the premises of an adult business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates an adult business or his agent or employee is in viola- tion of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. 5.05.020 Suspension or Revocation of Permit. After an investi- gation, notice and hearing, the Police Chief shall suspend or revoke and existing adult business permit, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: 15 (1) The building, structure, equipment and loca- tion used by the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the City of Temecula; (2) The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, mis- leading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the Police, Sheriff or other department of the City; The permittee has had any type of adult busi- ness permit revoked by any public entity within two (2) years of the date the permit was issued; (4) There was not a responsible person on the premises to act as a manager at all times which the business was opened; (5) That the permittee, manager or any agent or employee of the permittee or manager has been convicted in a court of competent jurisdic- tion in conjunction with or as a result of the operation of the subject adult business and after the date of issuance of the condi- tional use permit for said business; (6) A picture arcade has been used as a place where sexual intercourse, sodomy, oral copu- lation, masturbation, prostitution, assigna- tion or other lewd acts occur or have oc- curred; (7) The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has violated any provision of this Ordinance; or (8) The conditional use permit for the use has been suspended or revoked. 5.05.022 Transfer of Permit. A permittee shall not transfer an Adult Business Permit to another, nor shall a permittee operate an adult business under the authority of a permit at any place other than the address designated in the application. 16 5.05.024 Time Limits for Action of a Conditional Use Permit. An application for a conditional use permit shall be reviewed and acted upon in accordance with the provisions of Ordinance No. 348 and the California Government Code. 5.05.026 Suspension and Revocation of a Conditional Use Permit. In addition to the grounds set forth at Section 18.31 of Ordi- nance No. 348, the City Council may suspend or revoke any condi- tional use permit if it is found that any of the following conditions exist in addition to the criteria set forth in this Ordinance: (a) The operations conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances and this Ordinance; (b) That the approved use has been expanded without City Council approval; that the approved use has been partially or wholly converted to another adult business without City Council approval; that the conditional use permit has not been utilized within six months of its issuance; or (c) The Adult Business Permit has been suspended or revoked. 5.05.028 Regulations Non-Exclusive. The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regula- tions pertaining to the operation of adult businesses as adopted by the City Council of the City of Temecula. 5.05.030 violations/Penalties. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provisions of this Chapter which is committed and continues from day-to-day, constitutes a separate offense for each and every date during which such violation is committed or continued. 5.05.032 Public Nuisance. In addition to the penalties set forth at Section 5.05.030 above, any adult business which is operating in violation of this chapter or any provision thereof shall constitute a public nuisance and, as such, may be abated or enjoined from further operation. 17 5.05,034 Conflictin~ Ordinances Repealed. All ordinances or parts of ordinances, or regulations in conflict with the provi- sions of this Ordinance are hereby repealed." SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, word or portion of this Ordinance is, for any reason held to be invalid, or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Temecula hereby declares that it would have adopted this Ordinance and each section, subsection, sen- tence, clause, phrase, work or portion thereof regardless of whether such other section, subsection, sentence, clause, phrase, word or portion thereof regardless of whether such other section, be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify to the adop- tion of this Ordinance and shall cause the same to be posted as required by law. SECTION 6. ENVIRONMENTAL COMPLIANCE. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061(b)(3). SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. 1991. PASSED, APPROVED AND ADOPTED this day of RONALD J. PARK, MAYOR ATTEST: JUNE S. GREEK, CITY CLERK 18 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __day of , 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1991, by the following vote, to wit: AYES: COUNCI I/MEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JUNE S. GREEK, CITY CLERK APPROVED AS TO FORM: SCOTT F. FIELD, CITY ATTORNEY 19 ADULT BUSINESS ORDINANCE EXHIBIT "A" CURRENT ZONING DISTRICTS ADULT BUSINESS ORDINANCE EXHIBIT "B' PROPOSED ZONING DISTRICTS Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 A PUBLIC HEARING has been scheduled before the CITY' COUNCIL to consider the matter(s) described below. Case No: Applicant: Location: Proposal: Environmental Action: PH-96 City of Temecula City Wide An Ordinance of the City Council of the City of Temecula adding Chapter 5 to the Temeeula Municipal Code Pertaining to the Regulations of Adult Businesses. Categorically Exempt (Seaion 1S061 .b.3) Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or 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(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43174 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to John Meyer, City of Temecula Planning Deparunent (714)694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Tempoearv Temecula Community Center 27475 Commerce Center Drive Tuesday. December 10. 1991 7:00 PM RESOLUTION NO. P.C. 91-__ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFTEMECULA RECOMMENDING THE CITY COUNCIL ADOPT THE ADULT BUSINESS ORDINANCE. WHEREAS, City Ordinance No. 90-04 adopted by reference certain portions of the non-codified Riverside County Ordinances, including Ordinance No. 348 ("Land Use Code"); and WHEREAS, such regulations do not contain adequate provisions for the establishment and operational criteria for adult businesses; and WHEREAS, the City of Temecula desires to regulate the establishment and operation of adult businesses and to protect the health, quality of life, and the environment of the residents of Temecula; and WHEREAS, public hearing was conducted on October 21, 1991, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, notice of the proposed Ordinance was posted at City Hail, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1o That the Planning Commission of the City of Temecula hereby finds that the proposed Adult Business Ordinance will provide for the establishment of regulations for adult businesses in a fair and equitable manner. SECTION 2. That the Planning Commission of the City of Temecula further finds that the proposed Adult Business Ordinance is necessary to bring about eventual conformity with its land use plans. SECTION 3. That the Planning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Adult Business Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Exhibit "A" and dated October 21, 1991 for identification. A:DIRECTIONAL SIGN D-SIGN-A PASSED APPROVED AND ADOPTED this 21st day of October, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 21st day of October, 1991 by the following vote of the Commission AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS A:DIRECTIONAL SIGN D-SIGN-A STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 21, 1991 Case No.: Adult Business Ordinance Prepared By: Oliver Mujica RECOMMENDATION: ADOPT Resolution No. P.C. 91- recommending adoption of the Adult Business Ordinance. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: An Ordinance establishing regulations for the establishment and operation of adult businesses. LOCATION: City Wide BACKGROUND: On October 9, 1990, the City Council adopted Ordinance No. 90-18, "an interim urgency ordinance relating to adult businesses and requiring a permit". Through the adoption of Ordinance No. 91-XX on October 8, 1991, the City Council approved the final extension of the urgency ordinance, to October 9, 1992. The purpose for preparing the proposed Directional Sign Ordinance is due to the inadequacy of the County Ordinance No. 348 as it relates to adult businesses. Based on the concern of the City Council, the Planning Department Staff was directed to prepare an Adult Business Ordinance which establishes regulations for the establishment and operational standards for adult businesses. Exhibit "A" graphically presents the zoning districts that currently permit adult businesses, pursuant to Ordinance No. 348. A:DIRECTIONAL SIGN ~DISCU~SION: Preparatory to drafting an Adult Business Ordinance, Staff conducted background research into a number of areas related to adult businesses in the community and prepared a summary report, which has been attached for the Planning Commission's review. This summary report analyzed the following: 1 ) existing conditions, such as the current urgency ordinance, existing adult businesses and current zoning requirements; 2) recent court decisions; 3) adult business regulations adopted by other selected California cities; and 4) key issues to address in the adult business ordinance. In order to provide the City of Temecula with specific and complete standards for regulating adult businesses, Staff has prepared the attached Ordinance which includes, in summary, the following main components: Adult businesses are permitted in the C-1/C-P zoning districts, subject to the approval of a conditional use permit. Adult businesses shall not be located within 1,000 feet of sensitive uses (i.e. residential, churches, schools, parks, etc.). Adult businesses shall not be located within 200 feet of another adult business. CONCLUSION: As noted above, the proposed Adult Business Ordinance provides the City with the standards to thoroughly review an applicant's proposal as well as providing the necessary control measures needed to ensure the public safety; to provide organization; and control the overall quality and number of such businesses. Exhibit "B" graphically presents the Planning Staff's recommendation regarding the zoning districts that should conditionally permit adult businesses. The new Adult Business Ordinance will serve as interim regulations until the City's Zoning Development Code is prepared and adopted. This ordinance could be incorporated and/or modified into the final Zoning Development Code. A;DIRECTIONAL SIGN D-SIGN*A ENVIRONMENTAL DETERMINATION: FINDINGS: FUTURE GENERAL PLAN AND SWAP CONSISTENCY: This Ordinance does not have a potential for causing a significant affect on the environment. Therefore, Staff has determined that the project is exempt from CEQA under Section 15061 (b)(3). The proposed Adult Business Ordinance is necessary to bring about eventual conformity with the City's future Land Use Plan. There is reasonable probability that the proposed Adult Business Ordinance will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with the goals and/or policies of the City's future General Plan. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed policies are ultimately inconsistent with the plan, due to the fact that policies will be adopted for the new General Plan. Therefore, it is likely that the City will consider these policies during their preparation of the General Plan. The proposed Adult Business Ordinance is consistent with SWAP. In addition, Staff finds it probable that this Ordinance will be consistent with the new General Plan when it is adopted. A:[:)IRECTIONAL SIGN STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. P.C. 91 - recommending adoption of the Adult Business Ordinance. OM:ks Attachments: Resolution "Draft" Ordinance Exhibit "A" Current Zoning Districts Exhibit "B" Proposed Zoning Districts Adult Business Ordinance - Summary Report A:DIRECTIONAL SIGN D-SIGN-A ' WILLDANASSOCIATES [] EF Professional Co,qsu,tt,,ng Services S~nce 1¢64 MEMORANDUM TO: FROM: DATE: SUBJECT: September 3, 1991 Adult Business Ordinance - Summary Report As part of the proposed work program for the preparation of the Adult Business Ordinance, this memorandum is intended to summarize the preliminary findings of our research; transmit our recommendations; and transmit the "'Draft" Adult Business Ordinance for your review and comments. INTRODUCTION On October 9, 1990, the City Council adopted Ordinance No. 90-18, "an interim urgency ordinance relating to adult businesses and requiring a permit"', in order to allow the City staff the opportunity to prepare permanent adult business regulations. This urgency ordinance is due to expire on October 9, 1991. However, an extension of the urgency ordinance will be processed for adoption prior to it's expiration, via the City Council at a public hearing. Such an action by the City Council will extend the urgency ordinance to October 9, 1992. The new Adult Business Ordinance will serve as interim regulations until the City's Zoning Development Code is prepared and adopted. At that time, this ordinance will be incorporated and/or modified into the final Zoning Development Code. Preparatory to drafting an adult business ordinance, we conducted background research into a number of areas related to adult business in the community, including: Analyzing existing conditions. This section will discuss the current ugency ordinance, existing adult businesses and current zoning requirements. Analyzing recent court decisions. This section will discuss recent court decisions about adult businesses which could affect Temecula's future regulations. ES0 HOS=,TALITY L;,NE · SUITE 400 · SAN BERNARDINO, CALr-'ORNi;, 92408 · (714) 824-2143 · FAX [714) 888-51C7 Analyzing secondary impacts of adult businesses. This section will identifying other potential secondary impacts of adult businesses within the community, including economic effects on surrounding properties. Analyzing other ordinances. This section will discuss adult business regulations adopted by other selected California cities. Analyzing significant adult business issues. This section will discuss the constitutional right of adult businesses to exist, dispersed vs. concentrated IocationaI criteria and availability of sufficient land. Identifying key issues. This section will discuss key issues to address in the adult business ordinance, including type of adult businesses to be regulated, identification of appropriate zoning districts, conditional use permit provisions, and Iocational criteria, design and performance standards, amortization, as well as specific recommendations. Summarizing recommendations. The conclusion of this memorandum will summarize our recommendations for the proposed adult business ordinance. The purpose of this memorandum is to summarize our initial findings with respect to the above areas, which will set the stage for adult business regulations in Temecula. This memo will make recommendations as to the nature and content of Temecula's proposed Adult Business Ordinance. EXISTING CONDITIONS Adult BusineSS Ureencv Ordinance At the present time, new adult businesses are permitted in Temecula, pursuant to City Ordinance No. 90-18. This Urgency Ordinance was adopted following recent court decisions affecting local regulation of adult business operations and due to the City's concerns regarding these particular types of uses. The urgency ordinance allows the City of Temecula sufficient time to prepare permanent adult business regulations. Existinc3 Adult Businesses Research was completed in August 1991, with the aid of the City's Code Enforcement Officer (Allen Marshall) regarding the number, type and location of existing adult businesses; and it was concluded that there are not any adult businesses existing in the City of Temecula. Current ZoninQ Requirements Current City zoning requirements (which have been adopted by the adult business urgency ordinance) permits adult businesses to locate in the C-1/C-P (General Commercial) zoning district, subject to the approval of a Conditional Use Permit by the City of Temecula Planning Commission. The C-1/C-P District has been established to accomodate a full range of stores, offices, personal and business establishments in the central portion of Temecula to serve City- wide and regional needs. Adult businesses are defined by Section 2 of Ordinance No. 90-18 to include the following: 1) adult bookstore; 2) adult cabaret; 3) adult hotel/motel; 4) adult picture arcade; 5) adult theater; 6) body painting studio; and 7) massage parlor. In addition to obtaining a conditional use permit, Ordinance No. 90-18 provides operational criteria in addition to the base zone requirements governing use and minimum development standards. In regards to existing adult businesses with the City, Section 9 of Ordinance 90-18 states, "This ordinance does not apply to adult businesses operating on the date of adoption". However, according to Section 18.8 (d) of Zoning Ordinance NO. 348, which governs non- conforming uses, allows non-conforming uses to remain indefinitely without future amortization so long as such uses are not enlarged or extended and so long as they do not cease operations for more than one year. SUMMARY OF RECENT COURT DECISIONS Several recent court decisions directly impact the ways in which local governments can regulate adult businesses. This section of the memorandum provides a brief overview of our understanding of relevant cases relating to the regulations of adult uses. It should be noted, however, that the City Attorney should prepare an interpretation or specific legal opinion for the City of Temecula regarding this issue. Two key Supreme court decisions regarding adult businesses include Younq v. American Mini Theaters (1976) and City of Renton v. Playtime Theaters (1986). The Younq decision upheld the right of the City of Detroit to regulate the location of adult businesses within the community, noting that the City's desire to preserve the quality of life is important. Detroit's ordinance required a minimum distance of 1,000 feet between adult businesses and 500 feet between adult businesses and residential areas. The Rent0n decision, ten years later, reaffirmed the basic tenents of the Young case in terms of allowing communities to regulate adult businesses. Important concepts emanating from the Renton decision include the right of adult businesses to exist as a constitutional right of free expression and that any local regulation must be "content neutral" in nature. The term "content neutral" means that regulations cannot dictate the type of information disseminated at adult business operations. However, localities may regulate the time, place and manner of adult businesses with the express purpose of mitigating negative secondary impacts associated with adult businesses. Negative secondary impacts typically include an increase in criminal activity, lowering of property values in the immediate vicinity of adult businesses and a lowering of trading patterns near adult businesses. A source book consulted for this study, Time, Place and Manner Requlation of Business Activity, notes that a 1968 Supreme Court decision, United States v. O'Brlen, establishes a four-part test to justify the legitimacy of governmental regulation as related to businesses or acdvhies where potential First Amendment (free speech) issues may be involved. If it is within the constitutional power of the government. 2. If it furthers an important or substantial governmental interest. 3 3. If the governmental interest is unrelated to the suppression of free expression. ff the incidental restriction on First Amendment freedoms is no greater than essential to the furtherance of that interest. Any future adult business regulations drafted by the City of Temecula must meet the above test. Two other Southern California lower Court rulings further help define the limits of local agencies to regulate adult businesses. These cases are Walnut Properties, Inc. v. City of Whittier (1988) and City of Stanton v. Cox (1989). Both cases speak to the issue of the restrictivehess of local adult business ordinances in terms of the number of sites made available in which to locate adult businesses in light of location criteria established by ordinance. In both instances, local regulations were invafidated by the courts with the findings that local ordinances were overly restrictive, allowing only a handful of sites in each community in which an adult business could be situated. Instead, the courts mandated that local adult business regulations must provide an "adequate" number of adult business sites. No firm standard exists for defining an adequate number of sites - it must be determined on a community-by-community basis. SECONDARY IMPACTS OF ADUI T BUSINESSES Economic Impacts Conclusions drawn from various research indicates the following about economic impacts of adult businesses: Adult businesses detract from the desirability and fivability of adjacent neighborhoods. Negative secondary impacts found by a number of communities include a decline in residential rents and property values for properties adjacent to adult businesses. Negative economic impacts were also found for commercial properties adjacent to adult businesses. Most impacted were neighborhood retail stores, which reported difficulty in retaining employees, reduced patronage and higher tenant turnover. Less impacted commercial businesses are more "regional" in nature. Summary of Other Surveys As part of our initial research, previous adult business studies completed by other jurisdictions have been reviewed. These include studies performed by the City of Phoenix, City of Los Angeles and City of Indianapolis, Indiana. Following is a synopsis of these studies. City of Phoenix The Phoenix study was completed in May of 1979. The study examined the relationship between adult businesses and criminal activity. Three neighborhoods within the community (the stud';' areas) were selected, all of which contained one or more adult businesses. For 4 comparison, three other neighborhoods were chosen (the control areas) which contained no adult businesses. Reports of criminal activity were gathered for both areas and compared. The results of the study show a statistical link between the presence of adult businesses and arrests for sexual crimes. The study also reported that the presence of adult businesses results in a lowering of the desirability and livability of an impacted neighborhood. City of Los AnOeles The Los Angeles City Planning Department conducted a comprehensive study of adult businesses with the City of Los Angeles in 1977. A primary purpose of the study was to ascertain the effects of concentrating adult businesses with specific geographic areas as an alternative to allowing them to disperse throughout the City. The study concluded that a link did exist between a concentration of adult businesses and incidents of crime in the Hollywood area. The Los Angeles Planning Department also contacted a number of local realtors, brokers, appraisers and lenders with respect to their opinions and experiences with regard to the effects of adult businesses on adjacent property values. Those experts surveyed generally concluded that adult businesses exert a negative economic impact on surrounding properties and residences, The Los Angeles report did not find, however, a direct link between the presence of adult businesses and a lowering of assessed valuations on adjacent properties. City of Indianapolis Results of a 1984 adult business study completed by the City of Indianapolis essentially confirm that of the previous two studies: an increase in sex-related crimes in neighborhoods which contained at least one adult business as opposed to other neighborhoods with no adult businesses. SUMMARY OF OTHER ORDINANCES We have reviewed adult business ordinances recently enacted or proposed by the Communities of Chino, Uptand, Rancho Cucamonga, La Verne and San Bernardino County. Each of the ordinances were examined in terms of the type and range of adult businesses regulated, zoning districts in which adult businesses are allowed, Iocational requirements imposed by the public agencies, design and performance criteria required, amortization requirements for non-conforming adult businesses and any other relevant features of the ordinance. ORDINANCE PROVISIONS Our analysis of ordinance provisions is as foIIows. Uses Requlated Adult businesses regulated by a majority of ordinances surveyed included adult bookstores, adult cabarets, adult motion picture theaters, massage studios and adult arcades, One ordinance, San Bernardino County, contains no specific listing of regulated uses. Chino and 5 Upland ordinances regulate all of the uses enumerated above. plus encounter centers, modeling studios, adult hotels and motels, and sexual novelty stores. Allowed Zonino Districts The most common allowed zoning districts for adult uses appear to be more intense commercial districts, typically General Commercial. Upland allows adult uses in specified industrial zones. La Verne allows such uses only in Industrial and Business Park districts. Three of the communities require conditional use permits. Locational Standards All of the ordinances require a minimum 1,000 foot distance between adult uses and other adult businesses. Four of the five ordinances require a minimum 1,000 foot separation between adult uses and: schools parks, playgrounds, recreational areas churches, chapels, funeral parlors NOTE: La Verne's draft ordinance requires a minimum 500 foot separation for the above uses. Two of the five ordinances require a minimum 500 foot separation between adult uses and residential uses and residentially-zoned property (Upland and La Verne). the remaining three ordinances require a minimum 1,000 foot separation. Two other interesting requirements are noted: La Verne's draft ordinance limits adult uses to one such use per premise or building. Upland requires a minimum 250 foot separation between adult businesses and the sale of alcoholic beverages. Desiqn and Performance Standards Commonalities between four of the ordinances surveyed (San Bernardino County has established no design or performance criteria) include; No publicly visible explicit signs (3 of 4 ordinances). No loudspeakers (4 of 4 ordinances). No interior views of adult uses from public areas (4 of 4). Posting of "NO Minors Allowed" sign (3 of 4). Lighting of parking areas (2 of 4). Individual use entrances for adult use (2 of 4). Amortization Three of the five ordinances (Rancho Cucamonga, La Verne and San Bernardino County) have no, or very liberal, amortization clauses. Chino's ordinance requires a one-year amortization schedule for non-conforming adult businesses. Upland's ordinance mandates a three-year amortization schedule. Other Features Other features of potential significance found in the ordinance survey include: · Special administrative permit, with specific findings, to be made by the City of Upland for all new adult businesses. A late-night business permit is required by La Verne for adult uses open between midnight and 6 a.m. La Verne also requires all adult businesses be kept in clean and orderly manner. In Willdan's initial research, it became abundantly clear that adult businesses have a legitimate right to exist, protected as a constitutional guarantee of freedom of expression. However, there is also ample legal precedent for a local community to regulate such adult businesses, so that the community's health, safety and welfare is also protected. Care must be taken that any regulatory ordinance. be content-neutral in character, only regulating the time, place and manner of adult businesses so that negative secondary impacts associated with an adult business can be controlled. The term "content-neutral" means that any land use regulation should not dictate or regulate the content of materials sold or activities which take place within adult businesses. This is considered by the Supreme Court as an infringement on First Amendment/free speech rights. Dispersed vs. Concentrated Locational Criteria Given that local governments can only regulate, not prohibit, adult businesses, two primary methods have evolved over the past twenty years in terms of adult business regulation. The concentrated approach was pioneered by the City of Boston. Essentially, the Boston Municipal Code as amended to allow adult businesses within a specific geographic portion of the community. Adult businesses were excluded from all other parts of town. Constitutional Riqht to Exist Several preliminary issues have been identified as a result of this initial study, which are described below. SIGN/F/CANT ADULT BUSINESS ISSUES The disl~ersedmodel of adult businesses is closely associated with the City of Detroit, which involves deliberately spreading out adult businesses throughout a city to avoid a concentration in anyone sector. To accomplish this, minimum distances between adult businesses and similar uses and other sensitive uses have been enacted. This model was upheld in the Younq vs. American Mini-Theatre (1976) Supreme Court decision and has been used as the basis of the five local ordinances analyzed in this report. Availability of Sufficient Land A key issue is the acceptability of local adult business regulations is the provision of sufficient quantities of appropriately-zoned land within which adult businesses can locate. This is especially critical if a dispersed regularcry model is chosen. Depending on the number of sensitive uses identified in an ordinance and the minimum distance requirements incorporated in the ordinance, it is conceivable that few candidate sites would remain which could accommodate an adult business. In this instance, it is possible that a court would overturn such an ordinance. Whatever ordinance is finally adopted for Ontario, it must contain sufficient lands for adult operations. Unfortunately, there are no hard and fast rules to quantify what constitutes sufficient lands. R_;COMMI_;NDA TION$ This section of the report will identify key issues to address in the new Adult Business Ordinance. Tyoe of Adult BusineSSeS to be Reoulated As noted above, Temecula currently regulates the following adult businesses; adult bookstores, adult cabarets, adult hotels/motels, adult picture arcades, adult theaters, body painting studios and massage parlors. The adult businesses that are regulated by other local communities include all of the above, plus the following; sexual encounter/rap centers, escort services and adult video stores. Recommendation: It is recommended that the adult businesses currently regulated in Ordinance No. 90-18 be maintained and that this list be expanded to include the above mentioned uses. It is also recommended that accupressure clinics be regulated as adult businesses, based upon input from various Police Departments and the fact that they are not currently regulated as medical or professional services by the State of California. The definitions of the additional uses have been included in the "Draft" Adult Business Ordinance. Identification of APDrooriate Zonina Districts As noted above, adult businesses are permitted to locate in the C-11C-P (General Commercial) zoning district, subject to the approval of a :.onditional Use Permit. Since the C-1/C-P zone is intended to provide the general commercial land uses within the City, this zoning district would be the logical area to allow adult businesses. In addition, the conditional use permit process allows the City the opportunity to review such uses on a case-by-case basis. 8 Recommendation: It is recommended that the zoning requirements currently regulated in Ordinance No. 90-18 be maintained. Conditional Use Permit Provisions As does Temecula (currently under Ordinance No. 90-18), three of the four local communities surveyed require the issuance of Conditional Use Permits for adult businesses: San Bernardino County, Rancho Cucamonga and La Verne. Chino does not require a CUP. Conditional Use Permits are typically required for certain specified land uses which, for various reasons, necessitate an extra level of review. Before a CUP may be granted, a public hearing must be held by the Planning Commission. A recent Court of Appeals decision, Peoole v. Library One (1991), upheld the right of local communities to require Conditional Use Permits for adult businesses. However, it was held that the Los Angeles County Code was invalid since the code did not specify a time limit for denial or approval of the Conditional Use Permit. Recommendation: It is recommended that the Conditional Use Permit requirement currently regulated in Ordinance No. 90-18 be maintained. It is also recommended that specific time limits for approval or denial of the application should be included as part of the new ordinance. Locational Criteria There are three (3) approaches to regulate the location of adult businesses: a concentrated approach, a dispersed approach and a combined approach. Concentrated Approach This method was pioneered by the City of Boston in the 1960's, which permits adult businesses within a single geographic area of the City and prohibits them elsewhere in the community. The City's intent is to protect residential neighborhoods while allowing sufficient sites for adult businesses to locate within the City. The City also provided funding for infrastructure and related public improvements Within the adult business area to improve its visual appearance. Advantages to a concentrated approach include: 1) a high degree of protection for the remaining non-adult business neighborhoods; 2) simplified ordinance administration since minimal Iocational criteria are needed; and 3) potentially sufficient adult business sites, depending upon the size of the adult business zone established by the City. Disadvantages of the approach are two-fold: 1 ) it is difficult to select a single area as the adult business district; and 2) the City might be viewed as encouraging such uses. Dispersed Approach The City of Detroit was the first to use the dispersed approach toward adult businesses by requiring adult businesses to be spread throughout the community rather than be grouped 9 together. Detroit's ordinance mandates a minimum distance ( 1,000 feet) between adult uses. This zoning approach was held constitutional in the YounQ v. American Mini Theaters decision in 1976, The ordinance's intent was to reverse a "skid row" development trend in areas of the community by limiting those uses that the City administrators determined to be contributory toward that trend. Advantages of the dispersed approach are that: 1 ) it has already passed constitutional muster; 2) with proper controls on the exterior appearance of adult businesses, they could be blended into the neighborhood fabric; 3) limiting the number of adult businesses in a given area will significantly reduce incidents of crime and lowered property values; and 4) this approach has been successfully used by many other communitite$ across the nation. The primary disadvantage of the dispersed model is the need to devise a proper balance between limiting the number of potential sites for adult uses without over-restricting sites. Combined Approach Most recently, courts have approved an adult business regulation approach which combines the best features of both the concentrated and dispersed systems. This approach includes concentrating adult businesses within a limited number of zoning districts, combined with dispersing them within those permitted districts by specifying minimum distances between adult businesses and other sensitive uses. The combined approach is recognized by several recent court decisions, including S & G News v. City of Southaate (1986), 5297 Pulaski HiQhway v. Town of Perrvville (1987) and International Food and Beveraaes Systems v. Ft. Lauderdale, and others. Advantages and disadvantages to the combined approach are essentially the same as the dispersed approach. Care must be taken to allow sufficient sites for future adult businesses to locate in the community. Recommendation: The Combined Approach is recommended as the basis for the future Temecula ordinance. A Combined Approach, which essentially involves dispersion, can provide: A court-approved, content-neutral method for regulating adult business locations. Locational standards to protect sensitive uses, such as schools, parks, playgrounds and the like. · Maintenance of property values near adult businesses. · Control of crime-related secondary effects of adult uses. Appropriate design standards to treat the exterior appearance of adult uses so that these uses can be integrated with surrounding buildings. 10 It is also recommended that the new ordinance include a provision for a 1,000 feet minimum distance requirement between adult businesses and sensitive uses, such as residential areas, parks, schools, playgrounds, churches and other recreational uses frequented by minor. In addition, a 200 foot minimum distance requirement between adult businesses should be included. Desjan and Performance Standards Under Ordinance No. 90-18, Temecula has design and performance standards for the following items; signing and graphics, limiting interior views into adult businesses from public areas, lighting, amplified sound, posting of signs at adult business entrances to prohibit patronage by minors, interior construction requirements and maximum occupancy permitted. These design and performance standards are typical for all cities that regulate adult businesses. Recommendation: It is recommended that the design and performance standards currently regulated in Ordinance No. 90-18 be maintained. Amortization Adult businesses enacted by surrounding communities contain relatively liberal attitudes towards amortization of non-conforming adult uses. One community (Chino) establishes a specific time frame for ordinance conformity, which is three (3) years. Since there are not any existing adult businesses currently within the City of Temecula, amortization is not an issue. Recommendation: No additional amortization provisions are recommended to be included in the proposed ordinance. SUMMARY OF RECOMMENDATIONS The following is a list of the recommendations made regarding the content of Temecula's proposed Adult Business Ordinance: 1. Expand the type of adult businesses regulated. 2. Conditionally permit new adult businesses in the C-1/C-P District. m Establish specific time frames for approving or denying adult business Conditional Use Permit applications. Implement a "Combined Approach" towards the location of adult businesses to include minimum distance criteria between adult businesses and sensitive uses; and a distance requirement between adult businesses. 5. Include design and performance standards. 11 6. Maintain current City policy toward amortization. As indicated in my previous memorandum, dated August 19, 1991, it is anticipated that this item will be scheduled for the Planning Commission public hearing of October 7, 1991. Therefore, I would appreciate receiving your comments prior to September 13, 1991, in order to complete the "Draft" Planning Commission staff report and revised "Draft" Adult Business Ordinance for your review prior to September 20, 1991. Should you have any questions regarding this memorandum, please do not hesitate to contact me directly. ATTACHMENT: 1. Draft Adult Business Ordinance cc: John Cavanaugh John Meyer Ross Gellet 12 PI.~,NNXNG CONNXBBXON aINUTEe OCTOBER 21, 1W91 ~ULX RI 42701 4; Temec the WOU th radj of/ lr NO ADULT BUBINE88 ORDINANCE 7.1 Proposal for an ordinance to regulate Adult Business within Temecula City Limits. OLIVER MUJICA presented the staff report· -7- 10~Z3/91 PLANNING COMMI821ON MINUTw-8 OCTOBER 21, 1991 CHAIRMAN NOAGLaND questioned what if an adult business came in and applied for a permit and a church comes in and rents space in the same facility and is within 1000 feet. JOKN CAVANAUGB advised that legally speaking you cannot prohibit the adult use from being established where it was originally approved. CHAIRMAN BOAGLAND suggested that (D) on page 14 of the ordinance should be revised as well as (6) on page 16. JOBNCAVANAUGB revised (D) to read "...permit or renewal unless"; and (6) to read "A picture arcade". COMMISSIONER FaBBY moved to close the public hearing at 8:00 P.M. and Adopt Resolution No. P.C. 91-(next~ recommending adoption of the Adult Business Ordinance. JOHN CAVANAUGH advised that a recent case law requires that all C.U.P.s must have a time limitation for being enacted upon. Mr. Cavanaugh suggested the following wording be added to the ordinance under time limitation "An application for a C.U.P. shall be reviewed and enacted upon within 60 days from the date the application was deemed complete." COMMISSIONER CBINIAEFF suggested making it 90 days and seconded the motion. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None COMMISSIONER FORDasked that the Commissioners receive a copy of the map plotting the sensitive areas. JOHN CAVl%NAUGB advised that the plotting of these areas will have to be done before the ordinance is adopted by the City Council. PCM~/IO/21/91 --8 -- 10/23/91 II , ! ADULT BUSINESS ORDINANCE EXHIBIT "A" CURRENT ZONING DISTRICTS ADULT BUSINESS ORDINANCE EXHIBIT "B' PROPOSED ZONING DISTRICTS Ui ADULT BUSINESS ORDINANCE EXHIBIT "A" CURRENT ZONING DISTRICTS ,.=.':1 :111 li ADULT BUSINESS ORDINANCE EXHIBIT "B' PROPOSED ZONING DISTRICTS / ADULT BUSINESS ORDINANCE EXHIBIT "A" CURRENT ZONING DISTRICTS ADULT BUSINESS ORDINANCE EXHIBIT "B" PROPOSED ZONING DISTRICTS ADULT BUSINESS ORDINANCE EXHIBIT "A" CURRENT ZONING DISTRICTS ADULT BUSINESS ORDINANCE EXHIBIT "B" PROPOSED ZONING DISTRICTS ADULT BUSINESS ORDINANCE EXHIBIT "A" CURRENT ZONING DISTRICTS F W 0 ADULT BUSINESS ORDINANCE EXHIBIT "B" PROPOSED ZONING DISTRICTS W 0 ADULT BUSINESS ORDINANCE EXHIBIT 'A" CURRENT ZONING DISTRICTS /,~/ /~ ADULT BUSINESS ORDINANCE EXHIBIT "B" PROPOSED ZONING DISTRICTS ;t// ADULT BUSINESS ORDINANCE EXHIBIT 'A" CURRENT ZONING DISTRICTS ®/ W I- 0 ®/ W 0 ADULT BUSINESS ORDINANCE EXHIBIT "B" PROPOSED ZONING DISTRICTS ADULT BUSINESS ORDINANCE EXHIBIT "A" CURRENT ZONING DISTRICTS 1 W W ADULT BUSINESS ORDINANCE EXHIBIT "B" PROPOSED ZONING DISTRICTS ITEM NO. 16 ITEM NO. 15 APPROVAL TO: FROM; DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department December 10, 1991 Parcel Map No. 25139 PREPARED BY: RECOMMENDATION: APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: Debbie Ubnoske ADOPT the Negative Declaration for Parcel Map 25139 ADOPT Resolution No. 91- approving Parcel Map No. 25139 based on the analysis contained in the staff report and subject to the attached Conditions of Approval. 50 Center City Associates Alba Engineering To create 66 parcels and a 6.8 acre open space area on a 97.3 acre site. Southwesterly of the future extension of Diaz Road and southeasterly of the future extension of Cherry Street, M-SC (Manufacturing-Service Commercial) North: SP South: M-SC East: M-SC West: R-A-20 (Specific Plan) (Manufacturing-Service Commercial) (Manufacturing-Service Commercial) (Residential Agricultural-20 acre minimum lot size) S%STAFFRPT/25139-PM.CC 1 PROPOSED ZONING: Not Requested EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Vacant South: Vacant East: Murrieta Creek West: Vacant PROJECT STATISTICS Gross Site Area: Number of Parcels: Average Parcel Size: Area of Open Space: Cut and Fill Figures: 97.3 acres 66 .98 acre 6.8 acres Cut 1,430,000 cubic yards Fill 880,000 cubic yards BACKGROUND Tentative Parcel Map 25139 was submitted to the County of Riverside on August 15, 1989. The case was subsequently transmitted to the City of Temecula on April 18, 1990. City staff requested a traffic study, landscape and architecture standards, an updated letter from the County Flood Control District, and information regarding slope stability, soil export, archaeological resources, property boundaries, and the alignment of Winchester Road. Tentative Parcel Map 25139 was continued from the October 7, 1991 Planning Commission meeting to the October 21, 1991 meeting and subsequently to the November 4, 1991 meeting. At the October 21, 1991 meeting, staff noted that a letter had been received from the City of Murrieta requesting a continuance to allow their staff time to work with the City of Temecula on generating traffic studies to deal with regional circulation problems. While the commissioners expressed concerns relative to taking an action on this map without input from the City of Murrieta, they also felt that this map needed to move forward. The staff indicated to the commissioners that the city of Temecula is planning on going out with a request for qualifications on certain issues relative to the Western Transportation Corridor that affect the city of Temecula. This would provide an opportunity for the city of Murrieta to join Temecula in this study to determine how the Western Transportation Corridor could affect their circulation. An additional concern of the Commission at the October 21, 1991 meeting was the amount of cut area on the westerly slope edge of the project. Staff suggested the applicant stake the upper boundaries of the map so the Commission could see where it falls relative to the existing terrain. The Commission recommended the map be continued to the November 4, 1991 meeting to allow the commissioners an opportunity to view the cut areas on the site. At the November 4, 1991 meeting, it was determined that the cut areas were acceptable and would be properly mitigated. The Commission voted 4-0 to approve Parcel Map 25139 with Commissioner Chiniaeff abstaining due to a conflict of interest. At the October 21,1991 Planning Commission meeting, the following conditions were added and amended: Added: "The developer shall provide bus turn-outs with pedestrian entrances as approved by the Riverside Transit Authority and the Department of Public Works. Turn-outs shall be shown on the street improvement plans." Amended: Condition No, 84 to read "Diaz Road at Cherry Street." At the November 4, 1991 Planning Commission meeting, the following conditions were added: "Applicant shall re-locate and transplant all specimen oak trees. A qualified arborist shall prepare a report outlining the relocation and replanting procedures. In the event the trees do not survive transplanting, the applicant shall be required to replant ten 24" box oak trees for every one lost." "The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" by 36" mylar by a Registered Civil Engineer. Slope disturbance and grading shall be limited to an approximate vertical elevation of 1,230 feet and as approved by the Department of Public Works." "Prior to designing any plans, contact Transportation Engineering for the design requirements prior to recordation." SOUTHWEST AREA PLAN AND FUTURE GENERAL PLAN CONSISTENCY The proposed project is consistent with the SWAP designation of Light Industrial. There is a reasonable probability that the project will be consistent with the future General Plan in that the project is consistent with existing and approved developments and subdivisions in the area. ENVIRONMENTAL DETERMINATION The Initial Study prepared for Parcel Map 25139 indicates that the project will not result in any environmental impacts which cannot be mitigated to a level of insignificance, and a Negative Declaration is recommended. S\STAFFRPT\25139-PM.CC 3 FINDINGS The proposed parcel map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercial - industrial subdivision is consistent with the SWAP Light Industrial Land Use Designation, the Manufacturing - Service Commercial Zone, and existing land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivision's in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule E. m The site is suitable to accommodate the proposed land use in terms of the size and shape of the lots, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southern exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. 10. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. 11. These findings are supported by minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. S%STAFFRPT\25139-PM. CC 4 STAFF RECOMMENDATION: Staff recommends that the City Council: 1. ADOPT the Negative Declaration for Parcel Map 25139; and 2. ADOPT Resolution 91- approving Parcel Map 25139 based on the analysis contained herein. vgw Attachments: 1. Resolution - page 6 2. Conditions of Approval - Parcel Map 25139 - page 11 3. Planning Commission Minutes dated November 4, 1991 - page 12 4. Planning Commission Minutes dated October 21, 1991 - page 13 5, Planning Commission Minutes dated October 7, 1991 - page 14 6. Memorandum Report dated November 4, 1991 - page 15 7. Memorandum Report dated October 21, 1991 - page 16 8. Planning Commission Staff Report dated October 7, 1991 - page 17 9. Initial Study - page -18 10. Exhibits - page - 19 a. Vicinity Map b. SWAP Map c. Surrounding Zoning d. Parcel Map 25139 S\STAFFRPT\25139-PM.CC 5 ATTACHMENT NO. 1 RESOLUTION NO. 91-__ S\STAFFRPT\25139-PI~4.CC 6 ATTACHMENT NO. 1 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 25139 TO SUBDIVIDE A 97.3 ACRE PARCEL INTO 66 PARCELS AND A 6.8 ACRE OPEN SPACE AREA LOCATED SOUTHERWESTERLY OF THE FUTURE EXTENSION OF DIAZ ROAD AND SOUTHEASTERLY OF THE FUTURE EXTENSION OF CHERRY STREET AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120- 018. WHEREAS, 50 Center City Association filed Parcel Map No. 25139 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on November 4, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Parcel Map; WHEREAS, the City Council conducted a public hearing pertaining to said Parcel Map on December 10, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Parcel Map; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: S\STAFFRPT\25139-PM.CC 7 A. The city is proceeding in a timely fashion with the preparation of the general plan. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complied with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP"} was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: A. The city is proceeding in a timely fashion with a preparation of the general plan. Be The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (1) There is reasonable probability that Parcel Map No. 25139 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: A. That the proposed land division is consistent with applicable general and S\STAFFRPT\25139-PM.CC ~ specific plans. Be That the design or improvement of the proposed land division is consistent with applicable general and specific plans. That the site of the proposed land division is physically suitable for the type of development. That the site of the proposed land division is physically suitable for the proposed density of the development. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. The City Council in approving the proposed Parcel Map No., makes the following findings, to wit: As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. S\STAFFRPT\25139*PM,CC 9 SECTION 3. Conditions. That the City of Temecula City Council hereby approves Parcel Map No. 25139 for the subdivision of a 97.3 acre parcel into 66 parcels and a 6.8 acre open space area located southwesterly of the future extension of Diaz Road and southeasterly of the future extension of Cherry Street and known as Assessor's Parcel No. 909-I 20-018 subject to the following conditions: SECTION 4. A. Exhibit A, attached hereto. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of December, 1991. RONALD J PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of December, 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK S/STAFFRPT\25139*FM,CC 10 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL S\STAFFRPT\25139-RM.CC 11 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No. 25139 Project Description: To create 66 parcels and a 6,8 open space acre on a 97.3 acre site Assessor's Parcel No.: 909-120-026 Plannino DePartment The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. S\S%25139.TPM 19 8. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: a. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. 10. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated November 13, 1990, a copy of which is attached. 11. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated July 9, 1991, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 12. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 27, 1991, a copy of which is attached. 13. The applicant shall comply with the recommendations outlined in the County Geologist's transmittals dated July 20, 1988 (revised November 3, 1989) and January 18, 1989 (revised November 3, 1989), which are attached. 14. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated November 20, 1989, a copy of which is attached. 15. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the M-SC zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. 16. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. s~s\2s~ 3S.TPM 20 17. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 18. The following notes shall be placed on the Environmental Constraints Sheet: 19. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory outdoor lighting policy as outlined in the Southwest Area Plan. "Archaeological and paleontological monitoring of grading is required, and summary reports shall be submitted to the Planning Department prior to issuance of building permits." "Part of the site is located in the 100 year flood plain of Murrieta Creek. Measures to remove the project site from the flood plain are listed in the conditions of approval." "The site is traversed by a potentially active earthquake fault. The map includes a restricted use zone in which no structures for human occupancy 8r6 allowed." Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: (1) Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. S\S\25139.TPM 2 1 Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right- of-way, they shall be planted outside of the road right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. Applicant shall relocate and transplant all specimen oak trees. A qualified arborist shall prepare a report outlining the relocation and replanting procedures. In the event the trees do not survive transplanting, the applicant shall be required to replant ten 24" box oak trees for every on lost. (Added at the November 4, 1991 Planning Commission meeting.) All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Cut slopes shall be landscaped as soon as possible after grading. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. 20. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. S~S\25139.TPM 22 21. 22. 23. 24. Prior to the issuance of grading permits a qualified archaeologist shall conduct a stratified surface sampling of archaeological site CAoRIV 237 and shall excavate 20 to 30 one cubic meter subsurface units to determine the depth, spatial extent, and significance of the site. Based on the results of these tests, the extent of further sampling and data collection will be determined. A qualified archaeologist shall also monitor grading activities and shall have the authority to temporarily halt or redirect grading activity to allow recovery of cultural resources. A Native American representative shall be present during archaeological testing and during grading and shall also have the authority to temporarily halt or divert grading activity. A 100% surface collection, mapping, soils testing, subsurface testing and mapping a 3 to 5 cubic meters of excavation shall be conducted at archaeological site WSP-1 in order to determine the extent and significance of the site and whether further testing and/or collection is warranted. A report of findings shall be submitted to the Planning Department prior to issuance of grading permits. A CA-RIV number shall be assigned to the site and shown on the environmental constraints sheet. Prior to issuance of grading permits a certified stephens kangaroo rat biologist shall ascertain if stephens kangaroo rats inhabit the site and shall submit a report to the Planning Department. If any stephens kangaroo rats are found, a 10(a) permit for incidental take must be obtained prior to issuance of grading permits. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects of the map requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Roof-mounted equipment shall be shielded from view of surrounding property. All street side yard setbacks shall be a minimum of twenty five (25) feet with at least 10 feet landscaped. Archaeological and paleontological summary reports shall be submitted to the Planning Department delineating cultural or fossil resources encountered during grading, recovery procedures and an inventory of recovered items, and a statement of their scientific significance. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: S~S~2S~39.T,M 23 All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. 25. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. 26. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 25139, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 27. All utility systems including gas, electric,(excepting electrical lines rated 33kv or greater), telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 28. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The landscape and architecture standards shall be incorporated by reference into the CC&R's. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. All parkways, open areas, and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds, and shall be recorded concurrent with the map. 29. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in s\s~2s~ 3e.~.M 25 the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 30. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). DePartment of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer has correctly shown on the tentative map all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further review. PRIOR TO RECORDATION OF THE FINAL MAP: 31. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; S\S\2513S.TPM 26 32. 33. 34. 35. 36. 37. 38. 39. Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Prior to recordation all appropriate Lot Line Adjustments and street vacations shall be processed and recorded as directed by the Departments of Planning and Public Works. Additional property for Parcel 1 must be legally obtained and boundary adjusted to proposed centerline of Cherry Street. Pursuant to Section 66493 of the Subdivision Map Act any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Diaz Road shall be improved with 76 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 101, (100'/76'). Via Industria shall be improved with 64 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 102, (88'/64). Streets "A," "B," "C" and "D" shall be improved with 56 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 111, Section (78'/56'). Winchester Road shall be improved with 38 feet of half street improvement plus one 12 foot lane, or bonds for the street improvements may be posted, within a 64 foot dedicated right-of-way in accordance with County Standard No. 101, Section (100'/76'). Cherry Street shall be improved with 28 feet of half street improvement plus one 12 foot lane, or bonds for the street improvements may be posted within a 54 foot dedicated right-of-way in accordance with County Standard No. 111, (78'/56'). s~s~2s~ 39.?.M 27 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. If construction is to be phased, the landowner/developer shall acquire sufficient public offsite rights-of-way to provide for secondary access road(s) to a paved and maintained road as may be needed. Said access road(s) shall be constructed in accordance with County Standard No. 106, Section B, (32'/60') at a grade and alignment approved by the Department of Public Works. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Parcels fronting Winchester Road, Diaz Road, Via Industria and Cherry Street shall limit access to joint use access driveways. Vehicular access shall be restricted on Diaz Road and Winchester Road and so noted on the final map with the exception of Public Street Intersections and driveway openings as approved by the Department of Public Works and as shown on the Tentative Map. Cul de sacs shall be designed and constructed per County Standard No 800A. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage shall be required and shall be delineated or noticed on the final map. Provisions shall also be made to provide for maintenance of all onsite drainage facilities as directed by the Department of Public Works. Where applicable an easement for a joint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. s\s~2s~ 39.~'PM 28 50. 51. 52. 53. 54. 55. 56. 57. 58. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. f. Undergrounding of proposed utility distribution lines. The street design, grading and improvement concept of this project shall be coordinated with Assessment District 155 and adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 461 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 500 feet or as approved by the Department of Public Works. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). S~S\2513S.TPM 29 59. 60. 61. 62. 63. 64. 65. 66. 67. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. Slope disturbance and grading shall be limited to an approximate vertical elevation of 1,230 feet and as approved by the Department of Public Works. (Added at the November 4, 1991 Planning Commission meeting.) A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The report shall also address setback requirements for fault line areas. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. s~s~2s~ 39.~rPM 30 68. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula and with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. 69. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. 70. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 71. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public works. 72. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of- way. 73. All Conditions of Riverside County Flood Control and Water Conservation District letter dated July 9, 1991, shall be complied with. 74. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 75. The subdivider shall submit a haul route plan including, but not limited to, specific information related to truck loads, destination, permission and clearance letters as requested. 76. During grading, the slope should be geologically mapped by an Engineering Geologist to verify that the soils and geologic conditions encountered do not differ significantly from those assumed in the slope stability report prepared by Leighton and Associates dated November 17, 1988. If geologic conditions differ from those assumed, buttressing may be required to stabilize the slope. 8\S~25139.TPM 3 1 PRIOR TO BUILDING PERMIT: 77. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 78. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 79. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 80. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 81. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 82. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. S\S%25139.TPM 32 TranspOrtation Enaineering PRIOR TO RECORDATION OF THE FINAL MAP: 83. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street improvement plans. 84. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Winchester Road North at Diaz Road, Via Industria at Cherry Street and Diaz Road at Cherry Street, and shall be included in the street improvement plans with the second plan check. (Added at the October 21, 1991 Planning Commission meeting.) 85. "Prior to recordation of the Final Map, developer shall provide bus turnouts with pedestrian entrances as approved by Riverside Transit Authority and the Department of Public Works. Turnouts shall be shown on the Street Improvement Plan." (Added at the October 21, 1991 Planning Commission meeting.) 86. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The percent of costs and the warrants for these signals shall be as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 87. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass corridor as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 88. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements prior to recordation. (Added at the November 4, 1991 Planning Commission meeting.) PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 89. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. S\S\25139.TPM 33 PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 90. All traffic signals, signing and striping shall be installed per the approved signing and striping plan and as directed by the Department of Public Works per the approved focused traffic analysis. 91. All landscaping installation within corner cutoff areas at all intersections and adjacent to all driveways shall provide for adequate sight distance. 92. Stop signs shall be installed within the project boundary at the intersections of local streets. 93. Diaz Road shall be striped with left turn pockets at each intersection adjacent to the project. / COUNTTY OF RIVERSIDE DEPAR MENT OF HEALTH RECEIVEL] ,,. ,: ': November 13. 1990 CITY OF TEMECULA 43180 BUSINESS PARK DRIVE TEMECULA. CA 93390 A'.IN: S~E JIANNINO PJE: PARCEL MAP NO. Z5139: PORTION PARCEL 1 OF PARCEL MAP NO. 4646 P.M. 6175 RECORDS RIVERSIDE COUNTY. (64 LOTS) Dear Gentlemen: The Department of Public Health has reviewed Parcel MaD N0. 25139 and recommends that: A water system shall be installed according to plans and specifications as approved by the water company and the Health DepaFtment. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals E00 feet, along with the or~Qlnal drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants: pipe and 3oint sDeciflcations, and the size of the main at the 3unction of the new system to the exlstinq system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, T~tle 22, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California. when applicable. ~l'ne plans shall be s~gned by a reqistered engineer and water company with the following certiflcation: "I certify that the design of the water system in Parcel MaD 35139 is in accordance w~th the water system expansion Dlins of the Rancho Callfornza Water District and that the water service, storage, and distribution system will be adequate to provide water service to such Parcel Map" City of Temecula Page Two Attn: Steve Jiannxno November 13, 1990 This certification does not constitute a guarantee that it will supply water to such parcel map at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company, ~..f~.~l~.e~. to The County Survevor's !~_a.~_..~Q_~_e_e~3~lg_~___~o ~h~__£~quest for the This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providin~ satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made prior to the recordation of the final map. This subdivision is within the Rancho California Water D~strict and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as aDproved by the DIstrict, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal p~pe diameter, locatlon of manholes, complete profiles, pipe and 3aint spec~flcatlons and the size of the sewers at the 3unction of the new system to the existing system. A slngle plat Indicating locatlon of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the desiqn of the sewer system in Parcel No. 25139 is in accordance with the sewer system expansion plans of the Rancho California Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed parcel map," City of Temecula Pa0e Three Attn: Steve Jlannlno November 13. 1990 It will be necessary for financial arrangements to be completely f~nal~zed prior to recordatlon of the final maD. nvironmental Health Specialist IV SM:dr KENNETH L EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE CALIFORNIA 92502 JUly 9, 1991 City of temecula City Hall 43180 Business Park Dr., Ste. Temecula, California 92390 200 Attention: Planning Department Steve Jiannino Ladies and Gentlemen: Re: Parcel Map 25139 Amended No. 3 This is a proposal to divide 97.3 acres into commercial parcels located south of the intersection of Diaz Road and Cherry Street. This property is located adjacent to Murrieta Creek and approxi- mately one half of the parcels are located within the lO0 year flood plain limits of the creek. The District is currently developing a final design for improvement of Murrieta Creek with the assistance of a seven member citizens' committee appointed by the Board of Supervisors. Because of the complexity of the hydraulic and environmental factor involved, and to ensure orderly development, the District will design the entire Murrieta Creek improvement. Piecemeal design of portions of this major regional flood control project is not acceptable to the District. Following development of an acceptable design, the District intends to pursue a funding mechanism for the required improvements, probably by means of an assessment district over the flood plain. The right of way needed for Murrieta Creek in this area is 250 feet each side of the centerline. This includes a 50-foot habitat mitigation strip on each side which will be returned if it is not needed. This property is also affected by the runoff which approaches it from the hills to the southwest. High, steep cut slopes up to 115 feet are proposed here which intersect flows from several canyons. These canyons can produce debris laden flows which must be safely and reliably collected and conveyed down the steep slopes to ensure protection of the proposed project. The collection/conveyance system for these slopes as proposed is not sufficient to meet the District's concerns. of Temecula Parcel Map 25139 Amended No. 3 are the District's health ~c s,~fety: ~'ecc!nmen~t 1 ons affec~ "~aters '~ ~he bn,ted States", d~ct~on3' str'elmOeds" , therefore, ~n 3c.sor~ance recu-reme,-ts sf Lhe Nations~ f~ood insurance a='&Led ;~u~at':,ns (~4 .?~R, 2a/%s ~9 thrOuch 2-d~r~ance ~'- 458: ~ flood study consisting of HEr-2 calculatnons. cr-,.zss sect c~ s. ma~s anQ other data s~ould De arepared to the ~.~: ~a t: st; of t;~e Federal Emergenc~ 24ana~emer~ Agency (;EHA) and the O:strnct for the purpose of revising the effec:.ze Flood Zns~rance Rate Nap of the pra2ec~ site. The subm-ttal of the study should be concurrent with the -n~[',a~ submittal of the re~ated project ~mpro~emen~ plans and fins! D~strict approval will not be given un:iq a Conditional Letter of Nap Revision ('2LONR) has been received from FENA. ~ cop? of appropriate correspondence and recessar., permits from those government agencies from wh~cr, proval ~s required by Federal or State law (such as Corps of Engineers 404 permlt or Department of .Same 1603 agreement) should be provided to the pr;.Dr to the f: ~ Oistr;ct approval ^¢ :he e~'~-~ Th;s parcel map is located w~th~n the !~m!ts of the Murr-~eta Creek/Temecula Valley Area Dralnage Plan ~rannage ~ees have been adopted Dy ~he ~Dard. 2r'a;r~=ae si:a!' De paid as set forth under the pro.:s:~ns 'Ru~es and Regulations for Administration of Area Plans", amended Febr~;~ry 16, 1988: Drainage fees shall be pa;c to the Transpcrtaz'..:' missloner as part of the f,l:ng for record af :no s~bc - vision final map or parcel maD, or !f the rec2rJ:.-.g .'-Jr final parcel map is waived, drainage fees shall be as a condition of the waiver prlor to recordlz-,g t~ficate of ccmp'%ance e,!oenc!n9 the ~a~,,,er of tr, e sateel map; or _ ~> of Temecu 1 a Parcel Map 25139 Amended No. 3 At the oDtieP of tne !3rid di,/:der, ,;Don f~!~ng a re- quired sff~,dav~t~ ,equest~ng defermerit of ~ne fee~, :he draln~ge fees may De pa~d ~c th~ Bu~!d~q~ ~u'i~n~ pe,m~t for- each aDproved parse], wh,cne,,.a.- be ~:r-st ~D:a'ned after the recording of ~ne = fin! map Dr' parce! maD: provided howe,or, th:s .:2: sr tc ae~er th9 fees may act D9 e~erslsed for Dircel w-~hln :r:e prior ~ year pe-~ud, or Defmn:o e~her act~'z~%y have been ~asued on ~ha% ~arcel ,ema::' act'.e, 2"off Zo '.~lt,a:!c:: of the f!na] ConstrucE:or] ,trawlfigs for tr'cse fac,?ities required t,o De built as part cf the Murr~eta ,2ree!,-/'~emecula Valley Area Orannage Plan, Zhe cevelaper should contact the Pi','ers:de :purity Flood Control and Water Conservation D~str~ot to ascertain :ins terms and scqC.t~ons cf destgn, cons:ru:tion, ;napcotton, transfer of ,'ghts of waV, Oroject c~edit in l~eu of fees and reimburse- me't ~.:.P:edule~ wn~c:n may appl>. Title reports and t~tle !ns.~ra'me 'rust be pro/]ded for al~ right of way tc be =.a~se~ tc t~e '?istr!ct. The defe!,sper s o d note ti:at the estimated cost for required area dra!nage ~!an tea e-,beeds the required drainage fees and :r.e cece!s~:er w!shes tO receive credit for reimaursement ]n e:~cess ~ the faci]~+;es ~i11 be constructed as 3 pubq~c c,cntract. Scheduling for ConStruCtiOn Of ~hese ~.:?~ se at the discretion of the Ofstrict. ',ur-~e:a Creek C~anne! should De constr'ucteC tnroug: ~re ;.rcposeU project in conformsrice w~th the Oistrct's 2es~]n <ncluding hab,tat mitigation measures r~qulred by the various resource agencies. in l~eu o constructing the channel ~mprovemen%s the appl;sa::t s'-',ai~ cooperate in the formation of and participate mechanism such as a community facilities d~str's: or assessment distr~ct tc pay far the cost of the Distri_t's proposed Murrieta Creek Channel ~mprovements, The r'gnt of way for Nutriots Creek, including %he area -squired For habitat m~tigation should be decorated to: tr, e 2'stic=. The right cf ~ay needed for Murr~eta Cree~ Ch:s area ~s 250 fee~ each side of the center]~ne. Th s .nc]uces a 50-fop% habitat mntiga~on strip on each wrl:sh will De returned :f :t :s not needed. S,ty of Temecula Pet Parcel Map 25139 Amended No. 3 4 July 9, !991 '4. The facilities collecting .ut slopes from the nnl:s tc the scutt~west should s:gnea us:rig ~he 2,~str:ct'~ Drainage Sta~ar,js Slopes. dated November ~. '93E'. ~raS attached qece:c. Pads on this s',te shall be e!eva:ed a m~n~mjm l)r. site dra!nage ~aa~l~L]es iotatoG o~,ts]~_e sf ,'sac ,1~-~. 3: l',e = ~ r',~l rnas. s. note shcb l d Se a~ed ~s tr:.2 f ~ ,,~ map starred, 'O~a: :aZe easernertz snam ~ De hop! f: ee cf buildlngs Offsets drainage fac:l~t~es should be located w~th~n dedi- cated drainage easements obtained from the affected property owner(s). Document(sl should be recorded aRC a copy subm~t- ted to the Eistr~ct pr~or tc reccrdat~on of the final map. AI' lots should be ,graded to dra~n to the adjacent st,-ee: :- an adequate cutlet. The !0 year storm flow should be conteared ~ithin the c~r:. and the 100 2ear storm flow should be contained street r~ght of way. When e~ther of these cr~ter:a e.,:eeded, addat:oral drainage faci!itles shou!~ led. Z:ra~nage facilities outletting sump conditions dee'gred to convey the tributary 100 year Addit;oral emergency escape st, pule also De ~e TRe property's street and lot grading should be Ges!gned :r a manner that perpetuates the e~ist~ng natura~ drainage patterns with respect to tributary drainage area a,",c cu~:e~ points. An encroachment permit should be obtained for- any work on District facilities or within D~Str:Ct right of way. The ensroachment permit appl~catlcn should be ~rocesse~ and approves concurrent~ with the improvement plans. l= the tract ~s built in phases, each phase shall se p"j"'- tested fr.om the ~ in !00 year tributary storm flows. Cot/cf Temecula Re: Parcel Map 25139 Amended No. 3 5 july 9, 199~ 15 21 Temporary erosion cznCr-s: measures should be ~mpiemen:ec immediately following r.aug~ gradl~,g %e ~re~ant Oep,sslt!on debt s onto dcwnstream propertoes or :zr'a!nage fac:'%t:es. Development of this property s!-:ou]C De cocr:~lna:.e3 development of zdJacert properties to ensure that :,}k~r.:e~ r'ema~n ur, bbsLr'uc%ed and s%ormwa~ers are =rcm ':':e wa:er-s~-ed %0 another. Th!s may require st r~c~ -,:n ~f temporat 2 dra'~nage fac~:: t~es ,at ::~f5 :.~,spectlon and maintenance of the storm drain s/s%em to oe :,,~:lt w:t,~ th~s t~ac: must be performed by e:the~' the Cou~t/ ','a:~pb:'ta~_:on Depot ~,T~ent oF Che :Iaoa .Sor:tru~ D:sLriC:. T~e e~g:~eer (owner) must re~es: ~n wr~:~nS) that one of :hess agencies accept ~he proposed Storm dr'a;n system. The request should note the trac~ number, location, and briefly descr :be ~he syst. em (oozes and lengths). Request :o the DisLc~c% shc,~d be addressed to Kenneth L. Edwards, Chief Engineer, A~%n: Frank J. Peaits, Chief of P~anr, in9 Division. :f ~he Dds~r~c: is wi~1~ng to accep~ ~he system, an agree- ment between ~he owner and ~he D~s~r~c: mus~ be e,ecuted. reaues~ ~o draw dp an agreement mus~ be sent to ~he ::s~. 5: ~o ~he attention of N~chael D. ~awson. AI: ~nooa control facilities shsu!d be ccnstructes ts C-s- ~r~c~ standards. AI! facilities tbat the Distrod: ,~:'~ a~s~me ~or malntenance wil~ require the payment oF a one :mme maintenance charge equal to the "present worth ~ ma%r~tenance costs from the time of acceptance ~hrc,~gr, 199e. The iQpticant's engineer should contact the :her;, section to schedule a pro-design meet:tog before en,]~leer starts detai~ed proSect design. If this project will disturb five or more acres cr is par: of a larger project that will disturb five or more acses will require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources ,2ontr-sl Board. Clearance for grading or recordat~on will t~ct be given until the project has been granted a permit or ~s shown to be exempt. : CL, DZ of the improvement plans, grading p]ans and f no! :T~3: a:cn~ w~th support3ng hydrolog~c and hydraulic 3aIc:~at'c~s ~hal~ be submitted to the Distci:t via the Transportatop- Department for review prior to reocrdat:on cf the f -:&i r:,~g. Grad~qg slaps should be approved pr~r to :ssuan:e 2f ,gr'~!- 'r-~ per~:ts. '-%) of Temecula Parcel Map 25139 Amended No. 3 Effective July 29, I79!, 3e~- C'rdinanse ~7~,. all subm:t~als ~ha! m :,e Gate stamped Dy ?~e eng:neer ar.d s~bmitted 3: ,-ec~i, ~c :,r:e F'~>od ,C~ntrc. l D:stric~t a!or~g w~th a c, empletec P~oDd Cof~,rc.: Zmprovement S,gst Sheet arid t. he app,-oprmaz. e p~an 3t~ec,~ fee. S~e=~,,',,s ,,cI~se~,~9 %h~s matter may be referred t.'s Z,.ll/ C~m;th of ,:: ,~, E~%g~neer~ng Ben~or Civil Engineer RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE pROTECTION GLEN J. NEWMAN FIRE CHIEF AUGUST 27, 19~b PLANNING & ENGINEERING 46-209 OASIS STREET, SUITE 405 INDIO. CA 92201 (619) 342-8886 PLANNING & ENGINEERING 3760 IZTH STREET RIVERSIDE, CA 92501 (714) 275-4777 TO: CITY OF TEMECULA ATTN: RE: PLANNING DEPARTMENT PARCEL MAP 25139 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION The water mains shall be capable of providing a potential fire flow of 5000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for hours duration at 20 PSI residual operating pressure. Approved super fire hydrants, (6"x4"x2-2~") shall be located at each street intersection and spaced not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a fire hydrant. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Dept." The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner ml Laura Cabral, Fire Safety Specialist RiVERSiDE COUnt,u PL, nnin( DEP, ARC IEI C July 20, 1988 (Revised November 3, 1989) Leighton and Associates 27715 Jefferson Avenue, Suite 109 Rancho California, California 92390 Attention: Mr. Mark Bergman Mr. Daniel Chu SUBJECT: Liquefaction Hazard Project No. 118602325-02 Tentative Parcel Map 25139 APN: 909-120-018 County Geologic Report No. 527 Rancho California Area Gentlemen: We have reviewed your report entitled "Phase I Preliminary Geotechnical Evaluation of Liquefaction Potential for Parcel Map 21502, Rancho California, Riverside County, CA," dated June 23, 1988. Your report determined that the potential for liquefaction exists on the site for an earthquake of 6.0 magnitude and horizontal ground acceleration of 0.369. The site is within one mile of the Wildomar fault. The zone of liquefaction is shown on Plate 1, Geotechnical Map of your report. Your report recommended that one of the following alternatives should be considered. Placement of fill (approximately 10 feet in thickness total to an approximate elevation of 1,033 feet m.s.1) on Lots 48 through 51 { Tentative Parcel Map 21502} to increase the overburden pressure. Based on the preliminary plans, the remaining lots identified as in the liquefiable zone will have between 15 feet to 28 feet of fill placed. This appears to be of adequate depth for mitigating the liquefaction potential. Densification of the alluvium between 20 feet to 40 feet of the subsurface cohesionless material to at least 92 percent relative compaction as determined by ASDTM D1557-78, by vibroflotation dynamic compaction, or other techniques. 3. Placement of the structures on piles to bypass the liquefiable zone. 4. Utilizing post tensioned slabs for the proposed structures. 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 Leighton and Associates - 2 - July 20, 1988 (Revised November 3, 1989) Alternatives i and 2 will reduce the potential for liquefaction of the cohesionless material found in borings B-4 and B-5. Alternatives 3 and 4 will not mitigate the liquefaction potential, but will allow measures for mitigation should liquefaction occur. It is our opinion that the report was prepared in a competent manner and satisfies the additional information requested under the California Environmental Quality Act review and the Riverside County Comprehensive General Plan. Final approval of the report is hereby given. We recommend that the following note be placed on the Parcel Map prior to its recordation: "County Geologic Report No. 527 was prepared for this property on June 23, 1988 by Leighton and Associates and is on file at the Riverside County Planning Department. The specific items of interest are liquefaction and seismic design of structures. These items affect Parcels i through g, 18 through 40, and 46 through 53." The recommendations made in your report for mitigation of liquefaction potential shall be adhered to in the design and construction of this project. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter - Planning Director / Steven A. Kupferman Engineering Geologist . CEG-1205 ~ SAK:al c.c. Rancon Corp. Norm Lostbom - Building & Safety (2) Planning Team 1 - John Chiu ::IiVE::i)iDE countv, PLAnninG DEPA::ICl;IEnC January 18, 1989 (Revised November 3, 1989) Leighton and Associates 27715 Jefferson Avenue, Suite 109 Rancho California, CA 92390 Attention: Mr. Mark Bergmann Mr. Daniel Chu SUBJECT: Fault Hazard-CEQA Project No. 11860325-02 Tentative Parcel Map 25139 APN: 909-120-018 County Geologic Report No. Rancho California Area 527 F Gentlemen: We have reviewed the fault hazard aspects of your report entitled "Geotechnical Report for a Phase II Fissure and Subsidence Investigation and Phase III Geotechnical Investigation for Parcel Map No. 21507, Rancho California, Riverside County, CA," dated August 29, 1988, your revised report dated November 17, 1988, and your response to County review dated November 17, 1988. Your report determined that: A previously unmapped, active branch of the Elsinore fault zone was encountered in exploratory trenches excavated on this project. This branch is tentatively being called the "Murrieta Creek Fault." Therefore, the possibility of damage due to ground rupture is high in the vicinity of this fault. The Willard Branch of the Elsinore Fault Zone transects the extreme western portion of the property in a northeasterly to southwesterly direction and was determined to be potentially active or Pre-Holocene. A peak bedrock acceleration of 0.61g could occur at the site should a magnitude 6.0 earthquake occur along the Wildomar fault, located 3200 feet northeast. 4. No landslide deposits were encountered nor are any ancient landslides known to exist at the site. 5. The eastern one-third of the site is located within the 100 year flood plain. 6. The possibility of seiches, tsunamis and inundation due to failure of large water storage facilities is considered very low. 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46'209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 Leighton and Associates - 2 - January 19, 1989 (Revised November 3, 1989} A zone of open fissuring approximately 20 feet wide was observed within the alluvium in the exploratory trenching. The potential for fissuring and ground subsidence due to ground water withdrawal is considered to be high in the vicinity of the "Murrieta Creek fault." Your report recommended that: A fault and fissure setback zone should be established along the active trace of the "Murrieta Creek fault" encountered on the site. The setback zone should be established 50 feet from the furthest limits of faulting. Within the fault setback zone, structures for human occupancy may not be constructed. The location of the fault setback zone is shown on the Geotechnical Map, Plate I in your November 17, 1988 report. A monitoring program has been initiated at the site to evaluate the amount of ground movement associated with subsidence and possible variations in the depth to groundwater. The readings from this monitoring program will continue to be taken on a weekly basis until such time that site construction and development precludes procurring additional data, or the readings remain substantially unchanged. Proposed structures within 200 feet of the fault setback zone should be constructed with post-tensioned floor slabs to help mitigate potential problems with ground cracking. The post-tensioned slabs should be constructed in accordance with the recommendations of a qualified structural engineer. The engineer should design the slabs to withstand a I inch differential settlement in 5 horizontal feet. In addition, all building pads within 200 feet of the fault setback zone should have a 5 foot minimum fill below the pad. All cut lots and all fill lots with less than 5 feet of fill will need to be overexcavated and recompacted to provide the 5 foot minimum. This special foundation zone is shown on the Geotechnical Maps, Plate I in your report. 4. All surface runoff should be collected and directed offsite. Uncompacted, exploratory trench backfill should be completely removed and recompacted prior to placement of fills, where exposed at the pad finished grade or within 10 feet in depth from the pad finished grade to the top of the trenches. It is our opinion that the report was prepared in a competent manner and satisfies the additional information requested under the California Environmental Quality Act review and the Riverside County Comprehensive General Plan. We recommend that the following conditions be satisfied before final recordation of the map or issuance of any County permits associated with this project: Leighton and Associates - 3 - January 19, 1989 {Revised November 3, 1989} The Recommended Fault Setback Limits shown on the Geotechnical Map, Plate 1 in the report shall be delineated on the Environmental Constraints Sheet (E.C.S.). The areas within the Recommended Fault Setback Limits shall be labeled "FAULT HAZARD AREA." 2. The following notes be placed on the E.C.S.: (A) "This property is affected by earthquake faulting· Structures for human occupancy shall not be allowed in the Fault Hazard Area. This constraint affects parcel numbers 8, 9, 10, 18, 19, 39, 40, 46 and 47." (b) "County Geologic Report No. 527F was prepared for this property on November 17, 1988 by Leighton and Associates, and is on file at the Riverside County Planning Department. Specific items of concern are as follows: earthquake faulting, fissuring and ground subsidence, seismic design of structures, flooding, and uncompacted trench backfill." Notes 2{a} and 2{b} above shall also be placed on the final Parcel Map with the following addition to Note No. 2{a} "...as shown on the accompanying Environmental Constraints Sheet, the original of which is on file at the office of the Riverside County Surveyor." A copy of the final map and Environmental Constraints Sheet shall be submitted to the Planning Department Engineering Geologist for review and approval. The recommendations n~de in your report shall be adhered to in the design and construction of this project. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT ~nt~ineering Geolo~Ist 7 CEG-1205 SAK:al c.c. Diaz Road Investors c/o Rancon Corp. Greiner Engineering - Merl Schultz Earl Hart - CDMG Building & Safety - Norm Lostbom {2} Board of Directors: James A. Darby President Jeffrey L. Minklet Sr. vice President Ralph Daily Doug Kulberg Jon A. Lundin T. C. Rowe Richard D. Steffey Officers: John F. Hennigar General Manager Phillip L Forbes Director of Finance- Thomas R. MeAljester Director of Operations & Maintenance Edward P. Lemons Director of Engmeenng Linda M. Fregoso Dmtrict Secretary McCormick & Kidman Legal Counsel November 20, 1989 Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Parcel Map 25139 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements (including all in-tract facilities) between RCWD and the property owner. Currently, the District has an inter-agency agreement with Eastern Municipal Water District to provide sewer service to your area. All plan check submittals will be made to Rancho California Water District. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have anyquestions, please contact Senga Doherty at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon Engineering Manager F012B/jkth332f Attachment cc: Senga Doherty R A N C H O C A L I F O R N I A W A T E R D I S T R I C' T 28061 DIAZ ROAD · POST OFFICE BOX 174 · TENIECULA. CA 92390-0174 · (714) 676-4101 · FAX t714) 676-.~6[5 ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES DATED NOVEMBER 4, 1991 S\STAFFRPT\25139-FM.CC 12 PLANNING COMMISSION MINUTES November 4, 1991 CHAIRMAN HOAGLAND declared a recess reconvened at 7:10 P.M. 6. PARCEL MAP 25139 at 7:00 P.M. The meeting e6 Proposal to create 66 commercial/industrial parcels on a 97 acre site in the M-SC Zone. Located west of Diaz Road and South of Cherry Street. COMMISSIONER CHINIAEFF stepped down due to a conflict of interest. DEBBIE UBNOSKE presented the staff report. CHAIRMAN HOAGLAND advised that he had received a letter from Murrieta's City Manager, requesting that the Commission continue this item to allow their City time to perform traffi~ studies. CHAIRMAN HOAGLANDOpened the public hearing at 7:15 P.M. MAX URESOL, 9968 Hybrid Street, San Diego, representing the applicant, indicated the applicant's concurrence with the staff report; however, requested modification to. Condition 21, Line 3, adding "at the discretion of the archeologist, a Native American be present". COMMISSIONER FORD advised that he had met with the applicant and reviewed the grading that he had questioned during the previous hearing for this item. Mr. Ford questioned staff whether some of the roads had been down graded to 45 mph due to the road radius not being standard. DOUG STEWART stated that he was not aware that the design specifications of the roads required a compromise in speed volumes. COMMI88IONER FORD also requested that staff condition the applicant on the following: 1) That any oak trees lost as a result of development be replaced at a 10:1 ratio. 2) Work with the map on an approximate 1230 elevation on the base line topo. 3) That staff work with the applicant to create right in/right out only access at some of the driveways on the circulation road. TPCMINll/4/91 -5- 11/6/91 PLAI~qlNG COMMI821ON MINUTES November 4, 1991 COMMISSIONER FORD moved to close the public hearing at 7:25 P.M. and recommend that the City Council AdoPt the Negative Declaration for Parcel Map No. 25139 and Adopt Resolution No. 91- [next) approving Tentative Parcel Map No. 25139 subject to the Conditions of Approval along with the modifications to the Condition for the oak trees as follows, "Prior to the issuance of grading permits, applicant shall relocate and transplant all specimen oak trees. A qualified arborist shall prepare a report outlining the relocation and replanting procedures. In the event the trees do not survive transplanting, the applicant shall be required to replant ten 24" box oak trees for every one lost", staff to work with map on the 1230 elevation on the base line topo, and condition added by transportation department at the previous hearing as follows, "Prior to recordation of the final map, developer shall provide bus turnouts with pedestrian entrance.", seconded by COMMISSIONER FAHEY, who questioned the'condition for right in/right out only access on the circulation road. Commissioner Ford asked for staff's comments. ROBERT RIGHETTI stated that the applicant is required to prepare a stripping plan that will be directed by the transportation department and if the Commission wants" staff to keep that in mind, they can do that; however, staff would hesitate to set specifics at this time. Mr. Righetti added that staff is trying to incorporate shared driveways. MAX URESOL concurred with the changes to the modifications to the conditions. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i PARCEL MAP 2S408 COMMISSIONERS: Chiniaeff 7.7 Proposal to create 20 commercial/industrial parcels on a 36 acre site in the M-SC zone. DEBBIE UBNOSKE presented the staff report. COMMISSIONER FORD stated that he would recommend the same modifications as previously stated on Item 6. TPCMINll/4/91 -6- 11/6/91 ATTACHMENT NO. 4 PLANNING COMMISSION MINUTES DATED OCTOBER 21, 1991 S\STAFFRPT\25139-PM,CC I 3 PL:s,.NNXNO COMMIBSION MINUTE8 OCTOBER COMMISSIONER FORD moved to close the public hearing at 9:00 P.M. and recommends that the City Council Adopt the Negative Declaration for Parcel Map No. 24086 and Adopt Resolution 91-[Dext) approving Tentative Parcel Map No. 24086, adding Transportation Condition 86, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:I COMMISSIONERS: Chiniaeff CHAIRMAN HOAGLAND requested that in the overall staff report we urge the City Council to continue to work with the City of Murrieta on traffic issues. 12. PARCEL HAP 25139 12.1 Proposal to create 66 commercial/industrial parcels on a 97 acre site in the M-SO zone. Located on the westerly side of Diaz Road, north of the future extension of Winchester Road. COMMISSIONER FORD moved to continue Parcel Map 25139 for- two weeks to look at the cut area on the westerly slope edge where the existing chaparral is and including modification to Condition 84 to refer to Diaz Road as opposed to Winchester Road. DOUG STEWART suggested having the applicant stake the upper boundaries of that tract so that the Commission could see where it falls on existing terrain. The applicant concurred with the request. COMMISSIONER BLaXR seconded the motion. The applicant provided the Commission with a picture of %he boundaries. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:I PARCEL HAP 25408 COMMISSIONERS: Chiniaeff 13.1 Proposal to create 20 commercial/industrial parcels on a 36 acre site in the M-SC zone. Located on the southwesterly side of Diaz Road, southwest of the future extension of Winchester Road. PCMNI0/St/gt -- 13 -- 10/23/91 ATTACHMENT NO. 5 PLANNING COMMISSION MINUTES DATED OCTOBER 7, 1991 S\STAFFRPT\25139-PM.CC 14 COMMZBBZON MZNUTES OCTOBER 7, 1991 of Oiaz Road, north of the future extension of Winchester Road. CHAIRMAN BOAGLAND opened the public hearing at 7:05 P.M. COMMISSIONER BLAXR moved to continue Parcel Map 24085 to October 21, 1991, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff 10. PARCEL HAP 24086 10.1 Proposal to create 49 commercial/industrial parcels on a 70 acre site in M-SC zone. Located on the westerly side of Diaz Road, north of the future extension of Winchester Road. CHAIRMAN HOAGLAND opened the public hearing at 7:05 P.M. COMMISSIONER BLAIR moved to continue Parcel Map 24086 to October 21, 1991, seconded by COMMISSIONER F~alEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:I COMMISSIONERS: Chiniaeff PARCEL HAP 25139 11.1 Proposal to create 66 commercial/industrial parcels on a 97 acre site in M-SC zone. Located west of Diaz Road and south of Cherry Street. CHAIRMAN HOAGLAMD opened the public hearing at 7:05 P.M. TPCMIN10/07/91 -12- 10/08/91 PLANNING COMMISSION MINUTES OCTOBER 7, 199~ COMMISSIONER BLAIR moved to continue Parcel Map 25139 to October 21, 1991, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff 12. PARCEL MAP 25408 12.1 Proposal to create 20 commercial/industrial parcels 36 acre site in M-SC zone. Located southwesterly of future extension'of Winchester Road. CMAIPa(AN BOAGLAND opened the public hearing at 7:05 P.M. COMMISSIONER BLAIR moved to continue Parcel Map 25408 October 21, 1991, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None on a to ABSTAIN:i COMMISSIONERS: Chiniaeff CHAIRMAN BOAGLAND re-opened the public hearing on Item No. 13 at 8:40 P.M. KEITH MCCANN JR., 43121 Margarita, Temecula, applicant, advised that after communication with the City Attorney's office, he has been advised that the enforcement of the CC&R'e and release thereof is a civil matter to be addressed by the property owner and the Homeowner's Association. Mr. McCann stated that it was a concern of the HOA that being released from the CC&R's would set some sort of precedent; the CC&R's provide for this with the requirement of 51% approval of the homeowners. BARRY BERNELL, 3242 Haliday Street, Santa Ana, representing the applicant, explained the request for changing the designation of this property. Mr. Bernell advised that the original expectation of the area was large lots, very rural; however, in 1980 the county TPCMIN10/07/91 -13- 10/08/91 ATFACHMENT NO. 6 MEMORANDUM REPORT DATED NOVEMBER 4, 1991 S\STAFFRFr\25139-PM.CC 15 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning November 4, 1991 Tentative Parcel Map 25139 The Planning Commission continued these items from the October 21,1991 Planning Commission meeting. The item was continued in order to allow the Commissioners an opportunity to review the existing grading and chapparel relative to the proposed parcel lines. The applicant has staked the upper boundaries of the site in order to allow the requested visualization. Recommendation: The Planning Department Staff recommends that the Planning Commission make the following recommendation to the City Council: ADOPT the Negative Declaration for Parcel Map No. 25139; and ADOPT Resolution 91-__ approving Tentative Parcel Map No. 25139 based on the analysis contained in the staff report and subject to the attached Conditions of Approval. vgw S\MEMOS\GAR\25139TPM. MEM ATTACHMENT NO. 7 MEMORANDUM REPORT DATED OCTOBER 21, 1991 S\STAFFRPT\25139-RM.CC 16 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning October 21, 1991 Parcel Map 25139 The above case was scheduled to be heard before the Planning Commission on October 7, 1991. However, prior to the October 7, 1991 Planning Commission meeting the City of Murrieta requested a continuance to review the maps and provide comments. Recommendation: The Planning Department Staff recommends that the Planning Commission make the following recommendation to the City Council: 1. ADOPT the Negative Declaration for Parcel Map No. 25139; and ADOPT Resolution 91 -_ approving Tentative Parcel Map No. 25139 based on the analysis contained in the staff report and subject to the attached Conditions of Approval. vgw S\MEMOS%GAR\26139PM.MEM ATTACHMENT NO. 8 PLANNING COMMISSION STAFF REPORT DATED OCTOBER 7, 1991 S\STAFFRPT\25139-PM.CC 17 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 7, 1991 Case No.: Parcel Map 25139 Prepared By: Scott Wright Recommendation: Adopt the Negative Declaration; and Adopt Resolution 91- recommending approval of Tentative Parcel Map 25139 APPLICATION INFORMATION APPLICANT: 50 Center City Associates REPRESENTATIVE: Alba Engineering PROPOSAL: To create 66 parcels and a 6.8 acre open space area on a 97.3 acre site. LOCATION: Southwesterly of the future extension of Diaz Road and southeasterly of the future extension of Cherry Street. EXISTING ZONING: Manufacturing - Service Commercial (M-SC) SURROUNDING ZONING: North: South: East: West: Specific Plan, (SP) Manufacturing-Service Commercial (M- SC) Manufacturing-Service Commercial (M- SC) Residential Agricultural (R-A-20) PROPOSED ZONING: Not requested EXISTING LAND USE: Vacant S\S\25139.TPM SURROUNDING LAND USES: North: Vacant South: Vacant East: Murrieta Creek West: Vacant PROJECT STATISTICS: Gross site area: No. of Parcels: Average Parcel size: Area of Open Space: Cut and Fill Figures: Cut = Fill = 97.3 acres 66 0.98 acre 6.8 acres 1,430,000 cubic yards 880,000 cubic yards BACKGROUND: Tentative Parcel Map 25139 was submitted to the County on August 15, 1989. The County Land Development Committee (CLDC) reviewed the application on September 21, 1989 and requested clearance letters for the paleontology survey and the geology and liquefaction reports as well as clarification of the site's status as an agricultural preserve. The LDC continued the case on November 2, 1989 pending receipt of updated clearance letters for the biology, geology, and liquefaction reports and the need for additional information regarding the flood plain, slopes, agricultural preserve, review of the design manual, and a redesign to address concerns of the County Flood Control District. The file was transmitted to the City on April 18, 1990. City staff requested a traffic study, landscape and architecture standards, an updated letter from the County Flood Control District, and information regarding slope stability, soil export, archaeological resources, property boundaries, and the alignment of Winchester Road. PROJECT DESCRIPTION: The proposal is to create 66 parcels between 0.51 acre and 3.7 acres in size with an average parcel size of 0.98 acre. There will be an undisturbed 6.8 acre open space on the southwesterly side of the site in order to retain some hillside chaparral habitat. Parcels 58 through 66 will involve substantial cuts into the hillside and will be separated from the open space area by slopes over 100 feet high with a slope S\S\25139.TPM 2 ratio of 1.5:1. The site is traversed by a fault setback zone within which no structures for human occupancy will be allowed. The easterly side of the site lies within the Murrieta Creek Channel and is indicated as a channel easement to the County of Riverside. ANALYSIS: Gradin<3 and Slooe Stability The project will entail 1,430,000 cubic yards of cut and 880,000 cubic yards of fill and will create 1.5:1 cut slopes up to 120 feet high. The project will involve the export of 550,000 cubic yards of soil from the site. It shall be a Condition of Approval for Parcel Map 25139 that information regarding the number of truckloads, the haul route, the destination point, and a stockpile permit or an approved grading plan for the recipient site shall be submitted and haul route permit obtained from the City prior to issuance of grading permits. The final disposition of the export soil will be subject to environmental review in conjunction with the project which will use the export soil as fill. The revised Slope Stability Analysis prepared for this project states that the cut slopes will be stable under normal and seismic conditions, provided they are free of adverse geologic conditions. The Revised Slope Stability Analysis includes recommendations that an engineering geologist conduct geological mapping during grading to verify that the soils and geologic conditions encountered do not differ significantly from those assumed in the Slope Stability Analysis. If significant differences are encountered, buttressing may be required to stabilize the slope. Cut and fill slopes should be provided with appropriate surface drainage and landscaped as soon as possible after grading. The Tentative Map shows a brow ditch and bench drain at 30 foot intervals in the cut slope. The recommendations of the Slope Stability Analysis shall be Conditions of Approval for Parcel Map 25139. S\S\25139.TPM 3 Staff has concerns relative to grading on this site. However, with the absence of policy relative to grading, Staff's recommendation is to condition the map in such a way as to initiate the greatest extent possible, grading impaction mitigation measures relative to grading are determined in the Conditions of Approval. With respect to this issue, the City's General Plan effort will most likely include policies relative to grading. Flood Hazards A portion of the site is located in the 1 O0 year flood plain. Measures to remove the project from the 1 O0 year flood plain are listed in the conditions of approval (see County Flood Control District letter of July 9, 1990). Drainaoe The site is located within the limits of the Murrieta CreekFFemecula Valley Area Drainage Plan and payment of drainage fees is required. All lots are required to drain toward adjacent streets or an adequate outlet approved by the City Engineer. On- site grading shall be designed to perpetuate existing tributary drainage areas and outlet points, and development of the subject and adjacent properties shall be coordinated to ensure that watercourses remain unobstructed and that storm waters are not diverted from one watershed to another. The site, including each phase if phasing occurs, shall be protected from 100 year tributary storm flows. Off- site drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Said easements shall be recorded and a copy submitted to the Flood Control District prior to map recordation. Drainage facilities collecting and conveying flows down the steep cut slopes shall be designed in accordance with the District's Drainage Standards for high cut slopes dated November 8, 1990. S\S\25139.TPM Geologic and Liauefaction Hazards A fault hazard and subsidence investigation was prepared for an earlier parcel map application on the subject property. The report determined that the site is traversed by an active branch of the Elsinore Fault, and that the possibility of ground rupture is high in the vicinity of the fault. The potential for fissuring and ground subsidence due to water withdrawal are high in the vicinity of the fault. There is also a potentially active Pre-Holocene fault which transects the extreme western portion of the site which will be maintained as open space. The report recommended a fault and fissure setback zone along the active trace of the branch of the Elsinore Fault in which no structures for human occupancy will be allowed. Other recommendations included continuation of a program to monitor ground movement associated with subsidence and use of at least 5 feet of recompacted fill and post-tensioned slabs for all structures within 200 feet of the fault setback zone. The liquefaction report prepared for an earlier parcel map on the site determined that the potential for liquefaction exists on the site. The reports recommendations included placement of fill on the lots susceptible to liquefaction or densification of subsurface alluvium to at least 92% relative compaction. The Riverside County Geologist reviewed both reports and found that they satisfy the requirements of the California Environmental Quality Act and County General Plan Policies regarding geological hazards. The recommendations of the reports shall be Conditions of Approval for Parcel Map 25139. Traffic and Circulation Future development of the site is expected to generate 5, 180 vehicle trip ends per day. The traffic study prepared in conjunction with the project determined that projected future traffic based on existing traffic, project generated traffic, and traffic S\S\25139.TPM 5 generated by other growth in the area will result in a peak hour level of Service D or better at all intersections within the scope of the traffic study if recommended improvements are implemented. The recommendations include contributing to the extension of Diaz Road, providing traffic signals at certain intersections and contributing to the signalization of other intersections, providing a signing and striping plan, and contributing to the construction of the Overland overcrossing and the restriping Winchester Road to six lanes. These improvements are incorporated in the Conditions of Approval. Additionally, this project, along with PM 25408, will be constructing the first portion of the western bypass corridor from the City's northerly boundary at Douglas Avenue. This portion of the proposed alignment of the corridor has been reviewed and approved by the City's Department of Public Work and found acceptable. Access Access to the site will be taken from Winchester Road and Via Industria. All proposed parcels will have frontage on and take access from dedicated streets. Parcels fronting Winchester Road, Diaz Road, Via Industria, and Cherry Street shall limit access to joint use access driveways. Parcel Size and Dimensions Development standards in the M-SC Zone require a minimum lot size of 7,000 square feet and an average width of at least 65 feet where sewers are available and will be utilized. The proposed parcels range from 0.51 acre to 1.37 acres and have an average lot widths of over 1 O0 feet. S\S\25139.TPM 6 Fossil Resources The site is located on the fossilferous Pauba Formation. In accordance with the recommendation of the San Bernardino County Museum, the subdivider shall retain a paleontologist to monitor grading operations, evaluate any fossils encountered during grading, prepare a report of findings, and provide for preservation and curation of recovered specimens. Archaeological Resources The site of Parcel Map 25139 contains a recorded archaeological site (CA-RIV-237) which is believed to encompass approximately 70,000 square meters, part'of which is outside of the subject property. During an archaeological surface survey of the site conducted in June of 1991, many pieces of basalt and quartz debitage, fragmented manos and metates, fire-affected rocks, pestles, hammerstones, and fragments of bowls and pottery were observed. The recommendations of the archaeological assessment are to conduct a surface collection of the site and to excavate a sufficient number of one cubic meter subsurface units to determine the depth, spatial extent, and significance of the site. The resulting information shall be used to determine what additional measures should be implemented to preserve cultural resources. The archaeological assessment also includes the recommendation that an archaeologist be consulted for any future grading activities. These recommendations shall be incorporated as Conditions of Approval for Parcel Map 25139. In addition, a Native American representative shall be present during the archaeological excavation and also during grading. S\S\25139.TPM 7 The property in question also contains another site (WSP-1) which contains a 3/4 circle rock enclosure. The site is possibly a late period campsite. A 100% surface collection, mapping, soils testing, and subsurface testing by excavating 8-10 cubic meters of earth is recommended. In this case, testing procedures are likely to constitute final mitigation. BioloGical Imoacts A biological survey of the site found no sensitive plant species. Two sensitive bird species were observed or detected on the site: the Long-eared Owl and the Grasshopper Sparrow. Neither bird had an official status as a sensitive species, but both were listed by experts as declining species. The Grasshopper Sparrow will be impacted by a reduction in foraging habitat which is considered a non-significant but incrementally adverse impact. Impacts on the Long-eared Owl are more difficult to assess. Recommended measures to reduce habitat impacts are maintenance of an undisturbed open space area on the western side of the site and enhancement of Murrieta Creek riparian corridor by planting Cottonwood and Sycamore trees adjacent to Diaz Road. The tentative map indicates an open space area on the western side of the site. The recommended planting of Cottonwood and Sycamore trees adjacent to Diaz Road may conflict with the need to use more drought resistant, low maintenance type of vegetation with less invasive root systems which would be less detrimental to public improvements. Appropriate alternatives to cottonwood or sycamore trees should be identified and planted. Water and Sewer Availability A will serve letter from the Rancho Water District indicates that water and sewer service are available to the site upon completion of financial arrangements and satisfaction of the District's other requirements. S\S\25139.TPM 8 Aqricultural Preserve Status The site is designated as an Agricultural Preserve. Section 66474.4 of the Subdivision Map Act would normally preclude approval of a parcel map creating parcels of insufficient size for agricultural use. However, Section 66474.4 (d.3.) exempts lands subject to a Notice of Non-Renewal indicating that the Agricultural Preserve contract is due to expire within three years. The County Assessor's Office has informed City Staff that a Notice of Non- Renewal indicates that the contract for the property in question is due to expire on January 1, 1992. The same exemption is provided in Section 7.1 (H.3.b) of Ordinance 460. Lot Line Adiustments and Street RealiGnments The formation of Assessment District 155 included a realignment of the right of way for the future extension of Winchester Road west of Diaz Road. Since the centerline of the right of way constituted the boundary between properties, the realignment resulted in changes to property boundaries. The subject Parcel Map was affected by a realignment of Winchester Road adjacent to Tentative Parcel Maps 25408 and 24086. In order to prevent discrepancies in the legal descriptions of the property at the item of recordation, staff has required that the applicant and other affected property owners eliminate the discrepancies by filing Lot Line Adjustments, Street Vacations, and offers of Rededication reflecting the new alignment of Winchester Road and the resulting changes in property boundaries. These requirements must be completed prior to map recordation. S\S\25139.TPM 9 SOUTHWEST AREA PLAN AND ZONING CONSISTENCY: The proposed parcels conform to the development standards of the M-SC Zone. The M-SC Zone is consistent with the SWAP designation of Light Industrial. There is a reasonable probability that the project will be consistent with the future General Plan in that the project is consistent with existing and approved developments and subdivisions in the area. ENVIRONMENTAL DETERMINATION: The Initial Study prepared for Parcel Map 25139 indicates that the project will not result in any environmental impacts which cannot be mitigated to a level of insignificance, and a Negative Declaration is recommended. FINDINGS: m The proposed parcel map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercial - industrial subdivision is consistent with the SWAP Light Industrial Land Use Designation, the Manufacturing - Service Commercial Zone, and existing land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivision's in the vicinity. S\S\25139.TPM 10 10. 11. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule E. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lots, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southern exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. S\S\25139.TPM 11 STAFF RECOMMENDATION: Staff recommends that the Planning Commission make the following recommendation to the City Council: Adopt the Negative Declaration for Parcel Map 25139; and Adopt Resolution 91 - approving Parcel Map 25139 based on the findings contained herein and subject to the attached Conditions of Approval. vgw Attachments: 2. 3. 4. Resolution Conditions of Approval Environmental Assessment Exhibits: A. Vicinity Map B. SWAP Map C. Zoning Map D. Tentative Parcel Map 25408 S\S\25139.TPM 12 RESOLUTION NO. 91-106 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 25139 TO SUBDIVIDE A 97.3 ACRE PARCEL INTO 66 PARCELS AND A 6.8 ACRE OPEN SPACE ACRE LOCATED SOUTHWESTERLY OF THE FUTURE EXTENSION OF DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-018 WHEREAS, 50 Century City Associates filed Tentative Parcel Map No. 25139 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on November 4, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. S\S\2513S.TPM 13 (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Tentative Parcel Map No. 25139 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. S\S\25139 .TPM 14 (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans, c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that S\S\25139.TPM 15 alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed parcel map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercial - industrial subdivision is consistent with the SWAP Light Industrial Land Use Designation, the Manufacturing - Service Commercial Zone, and existing land uses in the vicinity. c) There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivision's in the vicinity. d) The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule E. e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lots, access, and density. s~s~2s~ 39.~Pu 16 f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. g) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southern exposure. h) All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and useable by, vehicular traffic. i) The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. k) These findings are supported by minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Comoliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. S\S\25139.TPM 17 SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Tentative Parcel Map No. 25139 for the subdivision of a 97.3 acre parcel into 66 parcels and a 6.8 acre open space parcel located southwesterly of the future extension of Diaz Road and known as Assessor's Parcel No. 909-120-018 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 4th day of November, 1991. JOHN E. HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 7th day of October, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSTAIN: 1 PLANNING COMMISSIONERS S\S\25139.TPM 18 ATTACHMENT NO. 9 INITIAL STUDY S\STAFFRPT\25139-PM.CC 18 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY BackGround 1. Name of Proponent: Alba EnGineering 2. Address and Phone Number of Proponent: 9968 Hibert Street. San Diego (619) 549-3303 3. Date of Environmental Assessment: August 21.1991 4. Agency Requiring Assessment: CITY OF TEMECULA 5. Name of Proposal, if applicable: Parcel Map 25139 6. Location of Proposal: Southwest corner of Cherry Street and Diaz Road II Environmental Impacts (Explanations of all answers are provided on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X __ b. Disruptions, displacements, compac- tion or overcovering of the soil? X _ c. Substantial change in topography or ground surface relief features? X __ d. The destruction, covering or modi- fication of any unique geologic or physical features? __ __ X S\S\25139,TPM 3B Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Cm Alterations to the course or flow of flood waters? Yes Maybe No X X X X X X X X S\S\25139,TPM 36 Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes Maybe No X X X X X X X X X S~S\25139.TPM 37 d. Substantial reduction in acreage Animal Life. Will the proposal result of any agricultural crop? Yes Maybe No X Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? X X X X X X X X _ w X S\S\25139.TPM 38 10. 11. 12. 13. Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes Maybe N__o X X X X X X X X X X S\S%25139.TPM 39 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmental services: 15. Energy. Will the proposal result in: 16. Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Yes Maybe No X X X X X X X X X X X X X X S\S%25139.TPM dfO 17. 18. 19. Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Cm Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X X X s~s~2s~ 39,3'Pu 41 Yes Maybe No 21. Mandatory Findings of Significance. 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 or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? X X X X S\S\2S139.TPM 42 III Discussion of the Environmental Evaluation 1.a,b,c. Yes. The project will entail 1,430,000 cubic yards of cut and 880,000 cubic yards of fill and will create 1.5:1 cut slopes up to 120 feet high. The revised Slope Stability Analysis prepared for this project states that the cut slopes will be stable against deep-seated failure, arcuate failure under seismic conditions, and surficial failure provided it is free of adverse geologic conditions. The Revised Slope Stability Analysis includes recommendations that an engineering geologist conduct geological mapping during grading to verify that the soils and geologic conditions encountered do not differ significantly from those assumed in the Slope Stability Analysis. If significant differences are encountered, buttressing may be required to stabilize the slope. Cut and fill slopes should be provided with appropriate surface drainage and landscaped as soon as possible after grading. The Tentative Map shows a brow ditch and bench drain at 30 foot intervals in the cut slope. The project will involve the export of 550,000 cubic yards of soil from the site. It shall be a Condition of Approval for Parcel Map 25139 that information regarding the number of truckloads, the haul route, the destination point, and a stockpile permit or an approved grading plan for the recipient site shall be submitted and haul route permit obtained from the City prior to issuance of grading permits. The final disposition of the export soil will be subject to environmental review in conjunction with the project which will use the export soil as fill. 1.d. No. There are no unique geologic or physical features on the site. 1.8. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through retention of natural vegetation whenever feasible, and use of watering trucks and landscaping disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the Conditions of Approval. 1.f. No. The subject site is not located near any channel, lake or ocean that would be impacted by deposition or erosion as a result of this project. Drainage improvements and landscaping will prevent soil erosion. S%S\25139.TPM 43 1.g. 2.a,b,c. 3.a. 3.b. 3.c. 3.d. 3.e. 3.f,g. Yes. Portions of the site are susceptible to liquefaction and the site is traversed by an earthquake fault. Liquefaction mitigation measures were described above in item lb. In accordance with the requirements of state law, a restricted use zone based on the geology report is shown on the map. The restricted use zone represents a setback from the earthquake fault on the site, and no structures for human occupancy will be permitted within the restricted use zone. Groundshaking hazards to buildings outside of the restricted use zone are addressed by the requirements of the Uniform Building Code. No. The proposed Parcel Map will not result in any impacts to air quality or the climate. Subsequent development proposals will be assessed for potential impacts to air quality and mitigation measures will be required if necessary. No. The portion of the property necessary for the future construction of Murrieta Creek flood control facilities is indicated on the Tentative Parcel Map as a County Channel Easement. There will be no change in the course or direction of water in Murrieta Creek. Yes. The proposed Parcel Map will result in changes in the amount of surface run-off. Improvement of the site will provide for adequate drainage facilities as approved by the City Engineer. No. The project will result in minor, localized redirection of flood waters to the extent necessary to elevate the site above the 100 year flood plain elevation, but the overall course and flow of floodwaters will not be changed. Maybe. Grading and future development of the site may increase the amount of surface run-off flowing into the Murrieta Creek channel. This is not considered a significant impact and is consistent with the provisions of the Murrieta Creek Area Drainage Plan and Assessment District 155. Yes. Grading may result in an increase in turbidity in local surface water. This impact is temporary and is not considered significant. No. Recompaction of soil to mitigate the potential for liquefaction is not expected to result in a significant impact on the direction or rate of flow of ground waters. S\S\25139.TPM 44 3.h. 3.i. 4.a,b. 4.c. 4.d. 5.a,b. 5.c. 6.8. 6.b. No. The proposed Parcel Map will not result in any impact on public water supplies. No. Prior to recordation of the proposed Parcel Map, the applicant shall obtain a Letter of Map Revision form the Federal Emergency Management Agency indicating that grading of the site or other improvements adequate to ensure that the site will be above the 100 year flood plain elevation. No. A botanical survey of the site found no sensitive plant species on the site. Maybe. Landscaping of the site may introduce some non-native species. This is not considered a significant impact. No. The site is not currently used as crop land. Maybe, Three grasshopper sparrows and evidence of breeding by the Iong-eared owl were observed on the site during the biological survey of the site. Although neither species had any official status when the biology report was written, they have been listed by the Audobon Society as declining species. The recommended mitigation is to retain an intact open area on the west side of the site. The Tentative Parcel Map shows a 6.8 acre open space area on the west side of the site. Yes. The project will involve a los of grass land and chaparral which provides foraging habitat for birds, mammals, and reptiles. In regional terms the loss of foraging habitat is an incrementally adverse but non- significant impact which will be mitigated by the measures described above in section 5b. Yes. The proposed parcel map will result in increased noise levels during grading. This impact will be temporary and is not considered significant because the site is not near any noise sensitive land uses. No. Future development proposals will be reviewed for potential noise impacts and land uses which generate severe noise will be prohibited or required to provide adequate noise mitigation. No. The proposed Parcel Map will not cause new light or glare, and subsequent development of the site will be subject to standard conditions prohibiting lighting from impacting adjacent properties and requiring low-glare sodium rapor lights. S\S\25139.TPM 45 8. No. The proposed subdivision is consistent with the zone and the land use designation in which the property is located. 9.a,b. 10.a,b. 11,12. 13.a,d. 13.b. 13.c,e. 13.f. No. The project will not involve a substantial increase in the rate of consumption of natural or non-renewable resources. No. The proposed Parcel Map will not involve the use of hazardous materials or interference with emergency response or evacuation plans. No. The proposal is not likely to alter the distribution or growth rate of the population or create a demand for new housing. Future development of the site will help address the imbalance of local jobs in relation to existing and approved housing. Yes. Future development of the site is expected to generate approximately 5, 180 vehicle trip ends per day. Via Industria is part of a western corridor bypass road which will alter present patterns of circulation. The purpose of the by pass road is to relieve congestion on existing streets. The traffic study prepared in conjunction with the project determined that intersections and roadways in the vicinity will continue to operate at acceptable levels of service if recommended improvements are implemented, and Via Industria will help to mitigate traffic impacts on Winchester Road approaching I-15. Recommended improvements include the extension of Diaz Road to the City limits, traffic signals at the intersections of Winchester Road and Enterprise Circle, Winchester Road and Diaz Road, Via Industria and Cherry Street, Diaz Road and Winchester Road north, and "A" Street and Diaz Road. These improvements shall be Conditions of Approval. No. Future development of the site will be required to provide adequate off-street parking as appropriate for the particular land use proposed. No. The project will have no impact upon existing transportation systems or upon water, rail, or air traffic. No. The streets and intersections in the vicinity will continue to operate at acceptable levels of service if recommended street improvements are implemented. The street improvements will be Conditions of Approval for the proposed Parcel Map. Parcels fronting on Winchester Road, Diaz Road, Via Industria, and Cherry Street shall limit access to joint use driveways. S\S\25139,TPM 46 14.a.-f. 15.a,b. 16.a.-d,f. 16.e. 17.a,b. 18. 19. 20.a,b,c. No. The project will not result in a need for new public services. Future development will generate an increase in the need for public services in the areas of fire and police protection and road maintenance. Fire impact mitigation fee, the public facility fee, and taxes will fund the additional public services. No. The project will not result in a substantial use or increase in demand for fuel or other energy sources. No. Future development of the site will require only hook up to or service by existing utility systems and will not result in a need for new or substantially altered utility systems. Yes. The proposed Parcel Maps will involve the construction of the Murrieta Creek channel through the site. The construction of channel improvements will be in compliance with the recommendations of the County Flood Control DiStrict and will be provided by the developer or by the developer's participation in an assessment district. No. The proposed Parcel Map will not result in any potential health hazards. Future development will be assessed for potential health hazards. No. The proposed Parcel Map will not result in the obstruction of any scenic views. Future development will be reviewed in order to prevent the construction of aesthetically offensive structures or site lay outs. Cut slopes will be landscaped as soon as possible after grading. No. The site is not currently used for recreational purposes. Maybe. The site of Parcel Map 25139 contains a recorded archaeological site (CA-RIV-237) which is believed to encompass approximately 70,000 square meters, part of which is out site of the subject property. During an archaeological surface survey of the site conducted in June of 1991, many pieces of basalt and quartz debitage, fragmented manos and metares, fire-affected rocks, pestles, hammerstones, and fragments of bowls and pottery were observed. The recommendations of the Archaeological Assessment are to conduct a surface collection of the site and to excavate a sufficient number of one cubic meter subsurface units to determine the depth, spatial extent, and significance of the site. The resulting information shall be used to determine whether the site is a unique resource for the area and whether measures to preserve the site or salvage some percentage of the cultural resources should be implemented. The Archaeological Assessment also S\S\25139.TPM 47 20.d. 21 .a. 21 .b,c. 21 .d. includes the recommendation that an archaeologist be consulted for any future grading activities. These recommendations shall be incorporated as Conditions of Approval for Parcel Map 25139. In addition, a Native American representative shall be present during the archaeological excavation and also during grading. The property in question also contains another site (WSP-1) which contain a 3/4 circle rock enclosure. The site is possibly a late period campsite. A 100% surface collection, mapping, soils testing, and subsurface testing by excavating 8-10 cubic meters of earth are recommended. In this case, testing procedures are likely to constitute final mitigation. No. The site is not used for any religious or sacred purposes. No. Although the project will result in a reduction or foraging habitat, this impact is not considered regionally significant. The 6.8 acres of undisturbed open space on the westerly side of the site for potential biological impacts due to reduction of foraging habitat. No. The long term and cumulative traffic impacts of the project will be adequately mitigated by the street improvements recommended by the traffic study which are Conditions of Approval for the proposed Parcel Map. Streets and intersections in the vicinity will continue to operate at acceptable levels of service. No. The proposed Parcel Map will not create any health hazards. Environmental review of future development of the site will address any potential health hazards and mitigations, if necessary, will be required. S\S\25139.TPM 4E} ENVIRONMENTAL DETERMINATION 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 signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X Date For CITY OF TEMECULA S\S%25139 .TPM 49 ATTACHMENT 10 EXHIBITS S\STAFFRPT\2513S-FM.CC 19 // CITY OF TEMECULA ) \k/'/' VICINITY MAP CASE NO. P.C. DATE CITY OF TEMECULA ) RLI SWAP MAP CAS. P.C. DATE~O-7*-~'T' CITY OF TEMECULA )' m,.¢~c .. I \ t~ , ,z,,,,, >, ...\... '~.. x,~ ~./"~ // / / ZONE MAP CASE NO. ~ '~'~-'1 J C.C. DATE !J i~ J'i ji i~ ;! -"*' I ;~ '~ i li~ I ,, I CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: PARCEL MAP NO. 25139 The following fees were reviewed by Staff relative to their applicability to this project. Fee Condition of ApProval Habitat Conservation Plan (K-Rat) Condition No. 26 Parks and Recreation (Quimby) Condition No. N/A Public Facility (Traffic Mitigation) Condition No. 75 Public Facility (Traffic Signal Mitigation) Condition No. 52 Public Facility (Library) Condition No. N/A Fire Protection Condition No. 12 Flood Control (ADP) Condition No. 74 S\PLANNING\25139-CC.PM APPROM CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department December 10, 1991 Parcel Map No. 25408 PREPARED BY: RECOMMENDATION: Debbie Ubnoske APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: ADOPT the Negative Declaration for Parcel Map No, 25408. ADOPT Resolution No. 91- approving Parcel Map 25408 based on the analysis contained in the staff report and subject to the attached Conditions of Approval. Phillip T. See Greiner, Inc. To create 20 parcels and a 6.52 acre open space area on a 36.2 acre site in the M-SC zone. West side of Diaz Road and southwesterly of the future extension of Winchester Road. M-SC (Manufacturing-Service Commercial) North: M-SC South: M-SC East: M-SC West: R-A~20 Not Requested (Manufacturing-Service Commercial) (Manufacturing-Service Commercial) (Manufacturing-Service Commercial) (Residential Agriculture, 20 acre minimum ot size) Vacant 5%STAFFRPT%25~OB-PMCC SURROUNDING LAND USES: North: South: East: West: Vacant Vacant Vacant Vacant PROJECT STATISTICS Gross Site Area: Number of Parcels: Average Parcel Size: Area of Open Space: Cut and Fill Figures: 36.21 acres 20 1.18 acres 6.52 acres Cut 1,800,000 cubic yards Fill 500,000 cubic yards BACKGROUND Tentative Parcel Map 25408 was submitted to the County of Riverside on November 14, 1989. The map was subsequently transmitted to the City of Temecula on May 1,1990. City staff requested a traffic study and information regarding property boundaries, the alignment of Winchester Road, slope stability, soil export, archaeological resources, and landscape and architecture standards. Tentative Parcel Map 25408 was continued from the October 7, 1991 Planning Commission meeting to the October 21, 1991 meeting and subsequently to the November 4, 1991 meeting. At the October 21, 1991 meeting, staff noted that a letter had been received from the City of Murrieta requesting a continuance to allow their staff time to work with the City of Temecula on generating traffic studies to deal with regional circulation problems. While the commissioners expressed concerns relative to taking an action on this map without input from the City of Murrieta, they also felt that this map needed to move forward. The staff indicated to the commissioners that the city of Temecula is planning on going out with a request for qualifications on certain issues relative to the Western Transportation Corridor that affect the city of Temecula. This would provide an opportunity for the city of Murrieta to join Temecula in this study to determine how the Western Transportation Corridor could affect their circulation. An additional concern of the Commission at the October 21, 1991 meeting was the amount of cut area on the westerly slope edge of the project. Staff suggested the applicant stake the upper boundaries of the map so the Commission could see where it falls relative to the existing terrain. The Commission recommended the map be continued to the November 4, 1991 meeting to allow the commissioners an opportunity to view the cut areas on the site. At the November 4, 1991 meeting, it was determined that the cut areas were acceptable and would be properly mitigated. The Commission voted 4-0 to approve Parcel Map 25408 with Commission Chiniaeff abstaining due to a conflict of interest. At the October 21, 1991 Planning Commission meeting, the following condition was added: "The developer shall provide bus turn-outs with pedestrian entrances as approved by the Riverside Transit Authority and the Department of Public Works. Turn-outs shall be shown on the street improvement plans." At the November 4, 1991 Planning Commission meeting, the following conditions were added: "Applicant shall re-locate and transplant all specimen oak trees. A qualified arborist shall prepare a report outlining the relocation and replanting procedures. In the event the trees do not survive transplanting, the applicant shall be required to replant ten 24" box oak trees for every one lost." "The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" by 36" mylar by a Registered Civil Engineer. Slope disturbance and grading shall be limited to an approximate vertical elevation of 1,230 feet and as approved by the Department of Public Works." "Prior to designing any plans, contact Transportation Engineering for the design requirements prior to recordation." SOUTHWEST AREA PLAN AND FUTURE GENERAL PLAN CONSISTENCY The proposed project is consistent with the SWAP designation of Light Industrial. There is a reasonable probability that the project will be consistent with the Future General Plan in that the project is consistent with existing development and approved subdivisions in the area. ENVIRONMENTAL DETERMINATION The Initial Study prepared for Parcel Map 25408 indicates that the project will not result in any environmental impacts which cannot be mitigated to a level of insignificance and a Negative Declaration is recommended. FINDINGS The proposed parcel map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the Future General Plan being prepared at this time in that the proposed commercial-industrial subdivision is consistent with the Swap Light Industrial Land Use Designation, the Manufacturing-Service Zone and existing land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule E. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southern exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. 10. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. 11. These findings are supported by minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. STAFF RECOMMENDATION: Staff recommends that the City Council: ADOPT the Negative Declaration for Parcel Map 25408; ADOPT Resolution 91- approving Parcel Map 25408 based on the analysis contained herein. vgw S/STAFFRPT%25408-P/VI.CC 4 Attachments: 1. Resolution - page 6 2. Conditions of Approval - Parcel Map 25408 - page 11 3. Planning Commission Minutes dated November 4, 1991 - page 12 4. Planning Commission Minutes dated October 21, 1991 - page 13 5. Planning Commission Minutes dated October 7, 1991 - page 14 6. Memorandum dated November 4, 1991 - page 15 7. Memorandum Report dated October 21, 1991 - page 16 8. Planning Commission Staff Report dated October 7, 1991 - page 17 9. Initial Study - page 18 10. Exhibits - page 19 a. Vicinity Map b. SWAP Map c. Surrounding Zoning d. Parcel Map 25408 S%STAFFRPT~'25408'RM'CC 5 ATTACHMENT NO. 1 RESOLUTION NO. 91 -_ S'iSTAFFRPT25408-FhM.CC 6 ATTACHMENT NO. 1 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 25408 TO SUBDIVIDE A 36.2 ACRE PARCEL INTO 20 PARCELS AND A 6.52 ACRE OPEN SPACE AREA LOCATED ON THE WEST SIDE OF DIAZ ROAD AND SOUTHWESTERLY OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-026. WHEREAS, Philip T. See filed Parcel Map No. 25408 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on November 4, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Parcel Map; WHEREAS, the City Council conducted a public hearing pertaining to said Parcel Map on December 10, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Parcel Map; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: S%STAFFRPT!25408-PMCC 7 m The city is aroceeding in a timely fashion with the preparation of the general plan. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complied with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: A. The city is proceeding in a timely fashion with a preparation of the general plan. The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (1) There is reasonable probability that Parcel Map No. 25408 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan, (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. 4. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: That the proposed land division is consistent with applicable general and specific plans. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. That the site of the proposed land division is physically suitable for the type of development. That the site of the proposed land division is physically suitable for the proposed density of the development. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. G m That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. The City Council in approving the proposed Parcel Map No., makes the following findings, to wit: SECTION 2. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. Environmental Compliance. An initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. S!STAFFRPT\25408*PMCC 9 SECTION 3o Conditions, That the City of Temecula City Council hereby approves Parcel Map No. 25408 for the subdivision of a 36.2 acre parcel into 20 parcels and a 6.52 acre open space area located on the west side of Diaz Road and southwesterly of the future extension of Winchester Road and known as Assessor's Parcel No. 909-120-026,subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of December, 1991. RONALD J PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of December, 1991 by the following vote of the Council: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS JUNE S. GREEK CITY CLERK S%STAFFRPT\25408-PM.CC I 0 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL S/STAFFRPT\25~OB-PMCC 11 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No, 25408 Project Description: To create 20 parcels and a 6.52 acre open space area on a 36.2 acre site Assessods Parcel No.: 909-120-026 Planning Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. S\Staffrl~t\25408.PM 17 8. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: 10. 11. 12. 13. 14. 15. a. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated March 21, 1990, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control Oistrict's letter dated May 1, 1990, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 27, 1991, a copy of which is attached. The applicant shall comply with the recommendations outlined in the San Bernardino County Museum transmittal dated December 11, 1989, a copy of which is attached. The applicant shall comply with the recommendations outlined in the County Geologists letter of April 12, 1990. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated November 14, 1989, a copy of which is attached. 16. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the M-S-C zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety, as soon as possible after grading. S\StaffrDt\25408PM 18 17. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. 18. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 19. The following notes shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory outdoor lighting policy as outlined in the Southwest Area Plan. "Archaeological and paleontological monitoring of grading is required, and summary reports shall be submitted to the Planning Department prior to issuance of building permits, A CA-RIV number shall be assigned and shown on the environmental constraints sheet." 20. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: (1) Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. S\Staffrpt\25408.PM 19 Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right- of-way, they shall be planted outside of the road right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. Applicant shall relocate and transplant all specimen oak trees. A qualified arborist shall prepare a report outlining the relocation and replanting procedures. In the event the trees do not survive transplanting, the applicant shall be required to replant ten 24" box oak trees for every one lost. (Added at the November 4, 1991 Planning Commision meeting.) All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Any oak trees removed with four (4) inches or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. Replacement tress shall be noted on approved landscaping plans. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Cut slopes shall be landscaped as soon as possible after grading. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. S',Staffrl~t\25408 .PM 20 21. 22. 23. 24. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. A paleontologist shall be present to monitor grading operations. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of grading permits a qualified archaeologist shall conduct a 100% surface collection of archaeological site WSP-2, soils testing, subsurface testing and mapping, and 3 to 5 cubic meters of excavation in order to determine the extent and significant of the site and whether further testing and/or collection is warranted. A report of findings shall be submitted to the Planning Department prior to issuance of grading permits. A CA-RIV number shall be assigned to the site and shown on the environmental constraints sheet. Prior to issuance of grading permits a certified stephens kangaroo rat biologist shall ascertain if stephens kangaroo rats inhabit the site and shall submit a report to the Planning Department. If any stephens kangaroo rats are found, a 10(a) permit for incidental take must be obtained prior to issuance of grading permits. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Roof-mounted equipment shall be shielded from view of surrounding property. All street side yard setbacks shall be a minimum of twenty five (25) feet with at least 10 feet landscaped, Archaeological and paleontological summary reports shall be submitted to the Planning Department delineating cultural or fossil resources encountered during grading, recovery procedures and an inventory of recovered items, and a statement of their scientific significance. S\Staffrpt\2~;408,PM 2 1 25. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. 26. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate Stephens Kangaroo Rat Habitat Mitigation fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. 27. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 25408, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 28. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Electrical lines rated 33 kv or greater shall be exempted from the requirement to be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 29, A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall S\Steffrpt%25408.PM 22 make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The landscape and architecture standards shall be incorporated by reference into the CC&R's. The CC&R's shall provide that the property shall be developed, operated and maintained so as no! to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. All parkways, open areas, and landscaping shall be permanently maintained by homeowner's association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. S~lStaffrPt\25408,PM 23 Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map. 30. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 31. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). Department of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer has correctly shown on the tentative map all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further review. S\Staffrl~t\25408 ,PM 24 PRIOR TO RECORDATION OF THE FINAL MAP: 32. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: 33. 34. 35. 36. 37. 38. 39. 40. Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Pursuant to Section 66493 of the Subdivision Map Act any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to recordation all appropriate Lot Line Adjustments and Street Vacations shall be processed and recorded as directed by the Department of Public Works. Via Industria shall be improved with 64 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 102, (88'/64'). Calle Consumidor shall be improved with 56 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 111, (78'/56'), Winchester Road shall be improved with 38 feet of half street improvement plus one 12 foot lane, or bonds for the street improvements may be posted, within a 64 foot dedicated right-of-way in accordance with County Standard No. 101, (100'/76'). Parcels 1, 5, 6 and 11 shall take access from Calle Consumidor. Parcels fronting Via Industria shall limit access to joint use access driveways as approved by the Department of Public Works. S%Staffrpt\25408,PM 25 41. If construction is to be phased, the landowner/developer shall acquire sufficient public offsite rights-of-way to provide for secondary access road(s) to a paved and maintained road as may be needed. Said access road(s) shall be constructed in accordance with County Standard No. 106, Section B, (32'/60') at a grade and alignment approved by the Department of Public Works. 42. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. 43. Vehicular access shall be restricted on Winchester Road and so noted on the final map with the exception of one driveway opening as shown on the Tentative Map and public street intersections as approved by the Department of Public Works. 44. Corner property line cut off shall be required per Riverside County Standard No. 805. 45. Where applicable, an easement for a joint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first. 46. Private drainage easements for cross lot drainage shall be required and shall be delineated or noticed on the final map. Provisions shall also be made to provide for maintenance of all onsite drainage facilities as directed by the Department of Public Works. 47. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. 48. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). S\Staffrpt%25408 .PM 2 5 d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. f. Undergrounding of proposed utility distribution lines. 49. The street design, grading and improvement concept of this project shall be coordinated with Assessment District 155 and adjoining developments. 50. Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 461 and as approved by the Department of Public Works. 51. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 52. Street names shall be subject to the approval of the Building and Safety Department. 53. The minimum centerline radii shall be 500 feet or as approved by the Department of Public Works. 54. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 55. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. 56. A minimum centerline street grade shall be 0.50 percent. 57. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). 58. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. Slope disturbance and grading shall be limited to an approximate vertical elevation of 1,230 feet and as approved by the Department of Public Works. (Added at the November 4, 1991 Planning Commission meeting.) S\StaffrDt\25408.PM 27 59. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 60. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. 61. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. 62. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 63. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. 64. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 65. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 66. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 67. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 68. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 69. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of- way. S\Staffrpt\25408.PM 28 70. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 71. All Conditions of Riverside County Flood Control and Water Conservation District letter dated May 1, 1990, shall be complied with. 72. During grading the slope should be geologically mapped by an Engineering Geologist to verify that the soils and geologic conditions encountered do not differ significantly from those assumed in the slope stability report prepared by Leighton and Associates March 8, 1990. If geologic conditions differ from those assumed, buttressing may be required to stabilize the slope. PRIOR TO BUILDING PERMIT: 73. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 74. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 75. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; Provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. S\Staffrpt'125408,pM 29 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 76. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 77. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 78. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. Transportation En~3jneering PRIOR TO RECORDATION OF THE FINAL MAP: 79. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street improvement plans. 80. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Winchester Road at Calle Consumidor and Via Industria at Calle Consumidor, and shall be included in the street improvement plans with the second plan check submittal. 81. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. (Added at the November 4, 1991 Planning Commission meeting.) 82. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The percent of costs and the warrants for these signals shall be as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 83. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass S\Staffrpt\25408 .PM 30 corridor as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to recordation. 84. "Prior to recordation of the Final Map, developer shall provide bus turnouts with pedestrian entrances as approved by Riverside Transit Authority and the Department of Public Works. Turnouts shall be shown on the Street Improvements Plans." (Added at the November 4, 1991 Planning Commission meeting.) PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 85. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 86. All traffic signals, signing and striping shall be installed per the approved signing and striping plan and as directed by the Department of Public Works per the approved focused traffic analysis. 87. 88. All landscaping installation within corner cutoff areas at all intersections and adjacent to all driveways shall provide for adequate site distance. Stop signs shall be installed within the project boundary at the intersection of local streets. S\Steffrpt\254OB.PM COUNTY DEPAItT xI EXT HEALTtI 4065 COUNTY CIRCLE COUNTY PLANNING DEPT. ' MAR gg 1990 ~" 408t3 Lemon :Street Slverslde. CA 92502 ATTN: John Chiu RIVERSIDE COUNTY PLANNLNG DFPARTMENT RE: Parcel HaD 25408: Parcel I of Parcel Map 6861. &s shown bY mad on file lnbooK 30. PaQe 75 and 76. of Parcel Maps. records of Riverside, CA ~23 iotsl C&IA ILAICA NIMET Dear Gentlemen: The Department of Public Health has reviewed Parcel MaD No. 25408. and recommends that: A water system shall be installed accordxna to olans and sDeclflcatlon as aDDroved bY the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate. with a minimum scale not less than one Inch equals 200 feet. aloha with the orlQlnal drawlno to the County Surveyor. The Drlnts shall show the ~nternal DIne diameter. location of valves and fire hydrants: D1De and nolnt sDeclflcatlons, and the size of the main at the nunct~on of the new system to the exlstxna system. The plans shall coldly in all respects with Dlv. 5. Part 1. Chanter 7 of the California Health and Safety Code. Callfornla Administrative Code. TItle 22. Chanter 16. and {~enerai Order No, 103 of the Public Utilities Commission of the State of California. when applicable. The Dlans sha!l be slangd bY a realstered enalneeF and water comDanv with the followlno certification: "I certifv that the ~eszan of the water system in Parcel MaD 25400 ~s ~n accordance with the water system expansion Plans of the Rancho California Water Dlstr~ct and that the water service. storaoe and distribution system w~ll be adequate to provide water service to such parcel. ~lverslde County Planning Pace Two ATTN: John Chlu March 2i. 1990 Dept, This certification does not constitute a Guarantee that it will SUDDiV water to such Darce[ mad at any ~DeClflC aUantitles, flows or Dressures for fire Drotection Or any other murDose", This certification shall be si~ned by a responsible official of the water companY, The p~ans m~t ~_s~.~_~o the ~Qun~_ ~urvevor s Office to__~evie~_~...!.~_~_~_~.~_ to t~e requ~ for This subdivision has a statement from Rancho California Water District a~reeinG to serve domestic water to each and every lot in the subdivision on demand Drovldl~o satisfactory financial arrangements are completed with the subdivider, It will be necessary for financial arranoements to be made prior to the recordatlon of the final maD, This subdivision is within the Rancho California Water District and shall be connected to the sewers of the District, The sewer system shall be installed according to Dtans and specifications as aDDroved by the District, the County Surveyor and the Health Department, Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawlno, to the County Surveyor, The prints shall show the internal Dime diameter, locatlom of manholes, complete proflies, bide and ~oint sDecificatlons and the size of the sewers at the ~unction of the new system to the existing system, A single plat ~ndlcatin~ location of sewer lines and water lines shall be a portion of the sewaoe plans and Drofile~, The Dlans ~hall be sl~ned by a registered enolneer and the sewer district with the following certification: "I certify that the design of the sewer system In Parcel MaD 25408 is in accordance with the sewer system expansion Dlans of the Rancho California Water E~lstrlct and that the waste disposal system ~s adequate at this time to treat the anticipated wastes from the DroDoseo oarcel maD. R~vers~de County Flannlna DePt. Paae Three ATTN: John Chlu Ma~ch 2i. !990 The olan~ must be ~ubmx[!_ed_,~Q the CpuntV Clfflce to revle~ at lea~_.t_wg~.e_eks~r~or ,tO ~h~ request for ~ber_ecor~a~!QD~_Qf It will be necessary for financial arranoements to be completely fInallzed prior to recordatlon of the final maD. Sincerely. .H.S. IV Envxronmental Health Serv~ce~ SM: wd 1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSFOE. CALIFORNIA 92~O2 May 1, 1990 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 5 John Chiu Ladies and Gentlemen: Re: Parcel Map 25408 Amended No. 1 This is a proposal to divide 40 acres for manufacturing and com- mercial use in the Murrieta area. The site is located on the northwest corner of Winchester Road and Calle Consumidor. The site lies at the base of steep hills. Several natural water- courses are tributary to the southwest property line. The developer proposes to collect offsite flows tributary to Lot 8 in a storm drain. The storm drain as proposed would need to be con- structed to Murrieta Creek by this development or by Assessment District 155. Storm flows tributary to Lot 6 and Lot 7 would be collected in storm drains and outletted to the street. This conflicts with the approved Assessment District 155 storm drain plans which would convey the offsite runoff to the storm drain in Calle Consumidor. The assessment district plans will need to be amen- ded to reflect this map. A storm drain in Winchester Road would collect the street flows and outlet to Murrieta Creek. Grading shown on the tentative map would require a considerable amount of offsite grading on adjacent properties. The grading proposed does not agree with the approved Assessment District 155 plans. Following are the District's recommendations: This parcel map is located within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provi- sions of the "Rules and Regulations for Administration of Area Drainage Plans", amended February 16, 1988: Drainage fees shall be paid to the Transportation Commissioner as part of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map; or Riverside County Planning Department Re: Parcel Map 25408 Amended No. 1 -2- May 1, 1990 At the Option Of the land divider, upon filing a re- quired affidavit requesting deferment of the payment of fees, ~he drainage fees may be paid to the Build- ing Director at the time of issuance of a grading permit or building permit for each approved parcel, whichever may be first obtained after the recording of the subdivision final map Or parcel map; provided however, this option to defer the fees may not be exercised for any parcel where grading or structures have been initiated on the parcel within the prior 3 year period, or permits for either activity have been issued on that parcel which remain active. Provisions should be made to collect the 100 year offsite runoff tributary to the site and, with onsite runoff, safely convey it to Murrieta Creek. This should be done by either this development or by amended Assessment DiStrict 155. Evidence of a viable maintenance mechanism should be submitted to the District and County for review and approval prior to recordation of the final map. In this case, this will probably be a property owners association. The property's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. The 10 year storm flow should be contained within the curb and ~he 100 year storm flow should be contained within the street right Of way. When either of these criteria is exceeded, additional drainage facilities should be installed. Riverside County Planning Department Re: Parcel Map 25408 Amended No. 1 -3- May 1, 1990 8. All lots should be graded to drain to the adjacent street or an adequate outlet. Offsite drainage facilities should be located within dedicated drainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to the District prior to recordation of the final map. 10. Onsite drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 11. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be submitted to the District via the Transportation Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance Of grading permits. Questions concerning this matter may be referred to Kris Flanigan of this Office at 714/787-2333. c: Greiner Engineering r~ery. truly you s, IOHN :enior Civil Engineer KF:pln PLANNING & ENGINEERING 46-209 OASIS STREET, SUITE 405 INDIO, CA 92201 (619) 342-8886 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF A|TGU,qT 27, lqql PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE, CA 92501 (714) 275-4777 TO: ATTN: RE: CITY OF TEMECULA PLANNING DEPARTMENT PARCEL MAP 25408 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION The water mains shall be capable of providing a potential fire flow of 5000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for 2 hours duration at 20 PSI.residual operating pressure. Approved super fire hydrants, (6"x4"x2~"x2F') shall be located at each street intersection and spaced not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a fire hydrant. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By - ~ Laura Cabtel, Fire Safety Specialist DATE: TO: RiVE:e)iDE COU~;' .0ve er 21. 1989PLAnnin6 DEPA=I filEn ASseSsor f ' ~ ~;~Conmlissioner Turner Building and Safety - a d Us "~ Building and Safety ~n ~3L~ i Temecula Town Association - fading Temecula Chamber of Connerce Surveyor - Ken Teich DEC i l i96 San Bernardino Museum Road Department Health o Ralph Luchs i~!VERS2DE Cj~UNI~ Fire Protection ~(~!N,~ ~P~ql'MENT Flood Control District Fish & Gan~ U.S. Postal Service - Ruth E. Davidson U.S. Fish & Wildlife Services County Superintendent of Schools Rancho California Water District Southern California Edison - Doug Davies Southern California Gas Temecula Union School District Elsinore Union High School District UCR - ARU Cormunity Plans PARCEL MAP 25408 - (Tm 5) - E.A. 34500 - Philip T. See - Greinter, Inc., Merle G. Schulze - Temecula/Rancho California Area - First Supervisorial District S of Cherry St., W of Murrieta Creek - M-SC Zone - 34.94 Acres into 23 commercial/industrial lots - Schedule E - No Waiver - Mod 119 - A.P. 909-120-026 Please review the case described abo~e. along with the a~a~l)ed case map. A Land Division Conmnittee meet)~J l~a.s ,be~ ten~tlvely scheduled-fo~ December 14, 1989. If it clears, it will then go to pUblic hearing. ~ . Your comments and recon~endat~ns are requested prior tO December 14, 1989 in order that we may include them in the staff report for this particular case. Should you have any questions regarqing this item, please do not hesitate to contact John Chiu at 787-6356. Planner COMMENTS: The parcel is located on the fossiliferous Pauba Formation. Construction excavation will impact nonrenewable paleontologlc resources. The developer must retain a qualified vertebrate paleontologist to develop a program to mitigate impacts to paleontologic resources. This program should include: (1 ) monitoring of excavation by a qualified paleontologic monitor; (2) preparation of recovered specimens, including sediment processing for small vertebrate fossils; (3) curation of specimens into an established repository; and (4) a report of findings with PLEASE l~ilnl(anga me and title Dr. Allan D. 6riesemer, Museums Director 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342'8277 RIVERSIDE ~,;,';,,',,. DA?g: April ~2, INTER-DEImARTMENTAL, LETTER 1990 COUNTY OF RIVERSIDE PLANNING DEPARTMENT TO: Devin Strand - Team 5 FROM: Steve A. Kupferman - Engineering GeologistS,'---- RE: Tentative Parcel Map 25408 Slope Stability Report No. 230 The following report has been reviewed relative to slope stability at the subject site: "GeotechnicalAnalysis of Slope Stability, Tentative Parcel Map No. 25408, ±40 Acre Site, Proposed Industrial/Commercial Development, Winchester Road, Temecula, Riverside County, CA," by Leighton and Associates, dated March 8, 1990, and Response to County Review Letter, by Leighton and Associates, dated April 5, 1990. This report determined that: 1. Cut and fill slopes are planned at 2:1 (horizontal: vertical) with maximum heights of 20 and 80 feet, respectively. 2. Fill and fill-over-cut slopes will be stable against both deep-seated failure and su~ficial failure. Proposed cut slopes will expose fanglomerate facies of the Pauba formation. 4. Proposed cut slopes should be grossly and surficially stable under both static and seismic conditions. This report recommended that: Cut slopes shall be mapped by an engineering geologist during grading to verify the soil and geologic conditions. Cut and fill slopes shall be provided with appropriate surface drainage features and landscaped with drought-tolerant vegetation as soon as possible after grading. Berms shall be provided at the top of fill slopes and brow ditches shall be constructed at the top of cut slopes. 4. Lot drainage shall be directed such that surface runoff on the slope face is minimized. The outer portion of fill slopes shall be either overbuilt by 2 feet (minimum) and trimmed back to the finished slope or compacted in increments of 5 feet (maximum) by a sheepsfoot roller as the fill is placed and then trackwalked to achieve the final configuration. This report satisfies the General Plan requirement for a slope stability report. The recommendations made in this report shall be adhered to in the design and construction of this project. SAK:kcb /@ Board of Directors: James A. Darby President Jeffrey L. Minklet St. Vice President Ralph Daily Doug Kulberg Jon A. Lundin T. C. Rowe Richard D. Steffey Officers: John F. Hennigar General Manager Phillip L Forbes Director of Finance- Treasurer Thomas R, McAliester Director of Operations & Maintenance Edward P. Lemons Director of Engineenng Linda M. Fregoso District Secretary McCormick & Kidman Legal Counsel November 14, 1989 Riverside County Division of Environmental Health Land Use Section Post Office Box 1370 Riverside, California 92502 Subject: Water and Sewer Availability Re: Parcel No. 25408 Gentlemen:, Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water and sewer service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Currently, the District has an inter-agency agreement with Eastern Municipal Water District to provide sewer service to your area. A/I plan check submittals will be made to Rancho California Water District. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If RCWD can be of further service to you, please contact Senga Doheny at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT ~'~e'~'/Steve Brannon, P.E. Engineering Manager SB:jkm227 cc: Senga Doherty R A N C H O C A L I F O R N I A W A T E R D I S T R I C 28061 DIAZ ROAD · POST OFFICE BOX 174 · TEMEC['I,A. CA 92:t9o-0174 · i714) 676-4101 . FAX 1714) 676-0t3: ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES DATED NOVEMBER 4, 1991 S%STAFFRPT\25408-PMCC 12 PLANNING COMMISSION MINUTES November 4, 1991 COMMISSIONER FORD moved to close the public hearing at 7:25 P.M. and recommend that the City Council ~opt the Negative Declaration for Parcel Map No. 25139 and Adopt Resolution No. 91- Xnext) approving Tentative Parcel Map No. 25139 subject to the Conditions of Approval along with the modifications to the Condition for the oak trees as follows, "Prior to the issuance of grading permits, applicant shall relocate and transplant all specimen oak trees. A qualified arborist shall prepare a report outlining the relocation and replanting procedures. In the event the trees do not survive transplanting, the applicant shall be required to replant ten 24" box oak trees for every one lost", staff to work with map on the 1230 elevation on the base line topo, and condition added by transportation department at the previous hearing as follows, "Prior to recordation of the final map, developer shall provide bus turnouts with pedestrian entrance.", seconded by COMMISSIONER FAHEY, who questioned the'condition for right in/right out only access on the circulation road. Commissioner Ford asked for staff's comments. ROBERT RIGHETTI stated that the applicant is required to prepare a stripping plan that will be directed by the transportation department and if the Commission wants' staff to keep that in mind, they can do that; however, staff would hesitate to set specifics at this time. Mr. Righetti added that staff is trying to incorporate shared driveways. MAX ~RESOL concurred with the changes to the modifications to the conditions. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: PARCEL MAP 25408 Chiniaeff 7.7 Proposal to create 20 commercial/industrial parcels on a 36 acre site in the M-SC zone. DEBBIE UBNOSKE preseated the staff report. COMMISSIONER FORD stated that he would recommend the same modifications as previously stated on Item 6. TPCMINll/4/91 -6- 11/6/91 PLANNING COMMISSION MINUTE8 November 4, 1991 CHAIRMAN HOAGLANDopened the public hearing at 7:30 P.M. ED BEECH, 44601 Harvey Way, Hemet, representing the applicant, concurred with the modifications to the Conditions of Approval. COMMISSIONER FORD moved to close the public hearing at 7:25 P.M. and recommend that the City Council Adopt the Negative Declaration for Parcel Map No. 25408 and Adopt Resolution No. 91- [next] approving Tentative Parcel Map No. 25408 subject to the Conditions of Approval along with the modifications to the Condition for the oak trees as follows, "Prior to the issuance of grading permits, applicant shall relocate and transplant all specimen oak trees. A qualified arborist shall prepare a report outlining the relocation and replanting procedures. In the event the trees do not survive transplanting, the applicant shall be required to replant ten 24" box oak trees for every'one lost", staff to work with map on the 1230 elevation on the base line topo, and condition added by transportation department at the previous hearing as follows, "Prior to recordation of the final map, developer shall provide bus turnouts with pedestrian entrances.". Seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff CHAIRMAN HOAGLANDadvised that he had received the letter from the City of Murrieta requesting that the City of Temecula Planning Commission continue their action on these two items and although the Commission did not postpone their action, it was not meant to mean that the City of Temecula was going to ignore it's neighboring communities to the North; however, this map has been in process for quite some time and the letter from Murrieta was rather open ended without any real definite time frames for the completion of their traffic studies and therefore the Planning Commission could not support any further continuance. Chairman Hoagland added that the action was a recommendation to the City Council. CHAIRMAN HOAGLAND asked that staff present the following two items together: TPCMINll/4/91 -7- 11/6/91 ATTACHMENT NO. 4 PLANNING COMMISSION MINUTES DATED OCTOBER 21, 1991 S!STAFFRPT/25408-PMCC 13 PLAIq~qZNG COMMZBaZON NZNUTg8 OCTOBER 21, 1991 COMMISSIONER FORD moved to close the public hearing at 9:00 P.M. and recommends that the City Council Adopt the Negative Declaration for Parcel Map No. 24086 and Adopt Resolution 91-(next) approving Tentative Parcel Map No. 24086, adding Transportation Condition 86, seconded by COMmiSSIONER FAHEY, AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff CHAIRMAN HOAGLAND requested that in the overall staff report we urge the City Council to continue to work with the City of Murrieta on traffic issues. 12. PARCEL HAP 25139 12.1 Proposal to create 66 commercial/industrial parcels on a 97 acre site in the M-SC zone. Located on the westerly side of Diaz Road, north of the future extension of Winchester Road. COMMISSIONER FORD moved to continue Parcel Map 25139 for. two weeks to look at the cut area on the westerly slope edge where the existing chaparral is and including modification to Condition 84 to refer to Diaz Road as opposed to Winchester Road. DOUG STEWART suggested having the applicant stake the upper boundaries of that tract so that the Commission could see where it falls on existing terrain. The applicant concurred with the request. COMMIBOIONER BLAIR seconded the motion. The applicant provided the Commission with a picture of %he boundaries. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:I PARCEL MAP 25408 COMMISSIONERS: Chiniaeff 13.1 Proposal to create 20 commercial/industrial parcels on a 36 acre site in the M-SC zone. Located on the southwesterly side of Diaz Road, southwest of the future extension of Winchester Road. PCMNIO/2I/9Z -- 13 -- 10/23/91 PLANNZNG COMXZSSZON MZNUTES O~TOBER 21, 1991 COMMISSIONER FORD moved to continue Parcel Map 25408 for two weeks to look at the cut area on the westerly slope edge where the existing chaparral is and have the applicant stake the upper boundaries of the tract for the Commissions review. The applicant concurred with the request. COMMISSIONER FAHEY seconded the motion. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Moagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff COMMISSIONER CHINIAEFF returned to his seat. CHAIRMAN MOAGLANDtook action on the following two items together. 14. EXTENSION OF TIME TENTATIVE TRACT NO. 22761 14.1 Proposal for second Extension of Time for a 50 lot residential subdivision on 16.7 acres. Located on the west side of Ynez Road, North of Pierce Lane. 15. EXTENSION OF TIME TENTATIVE TRACT NO. 22762 15,1 Proposal for second Extension of Time for a 80 lot residential subdivision on 28 acres. Located on the west side of Tetra Vista Road, south of Ynez Road. CHAZRMAN HOAGLAND opened the public hearing at 9:20 P.M. DENMY HILBERT, 43180 Business Park Drive, Temecula, representing the applicant, stated that they were in the process of completing the erosion control plan and concurred with the recommendation for continuance. COMMISSIONER BLAIR moved to continue Extension of Time for Tentative Tract No. 22761 and Tentative Tract No. 22762 and continue the public hearing until November 4, 1991, seconded by COMMISSIONER CHINIAEFF. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Chiniaeff, Moagland NOES: 0 COMMISSIONERS: None 16. VESTING TENTATIVE TRACT NO. 2682e/CHANGE OF 2ONE NO. 13 16.1 Proposal to change zone from R-R to R-1 and a proposal to ATTACHMENT NO. 5 PLANNING COMMISSION MINUTES DATED OCTOBER 7, 1991 S/STAFFRPT!25408-PM.CC 14 PLANN~N~ COMM~HSZON MINUTE8 OCTOBER 7, 199~ COMIISSIONER BLAIR moved to continue Parcel Map 25139 to October 21, 1991, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff 12. PARCEL MAP 25408 12.1 Proposal to create 20 commercial/industrial parcels on a 36 acre site in M-SC zone. Located southwesterly of future extension of Winchester Road. CHAIRM~al HOAGLAND opened the public hearing at 7:05 P.M. COMMISSIONER BLAIR moved to continue Parcel Map 25408 to October 21, 1991, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff CHAIRMAN BOAGLAND re-opened the public hearing on 8:40 P.M. Item No. 13 at KEITH McCAIrN JR., 43121 Margarita, Temecula, applicant, advised that after communication with the City Attorney's office, he has been advised that the enforcement of the CC&R's and release thereof is a civil matter to be addressed by the property owner and the Homeowner's Association. Mar. McCann stated that it was a concern of the MOA that being released from the CC&R's would set some sort of precedent; the CC&R's provide for this with the requirement of 51% approval of the homeowners. BARRY BERNELL, 3242 Hallday Street, Santa Ana, representing the applicant, explained the request for changing the designation of this property. Mr. Bernell advised that the original expectation of the area was large lots, very rural; however, in 1980 the county TPCMIN10/07/91 -13- 10/08/91 ATTACHMENT NO. 6 MEMORANDUM DATED NOVEMBER 4, 1991 S/STAFFRPT\25408-Pr, q. CC 15 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning November 4, 1991 Tentative Parcel Map 25408 The Planning Commission continued these items from the October 21,1991 Planning Commission meeting. The item was continued in order to allow the Commissioners an opportunity to review the existing grading and chapparel relative to the proposed parcel lines. The applicant has staked the upper boundaries of the site in order to allow the requested visualization. Recommendation: The Planning Department Staff recommends that the Planning Commission make the following recommendation to the City Council: ADQPT the Negative Declaration for Parcel Map No. 25408; and ADOPT Resolution 91-__ approving Tentative Parcel Map No. 25408 based on the analysis contained in the staff report and subject to the attached Conditions of Approval. vgw ATTACHMENT NO. 7 MEMORANDUM DATED OCTOBER 21, 1991 S\STAFFRPT%25408-PMCC 16 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning October 21, 1991 Parcel Map 25408 The above case was scheduled to be heard before the Planning Commission on October 7, 1991. However, prior to the October 7, 1991 Planning Commission meeting the City of Murrieta requested a continuance to review the maps and provide comments. Recommendation: The Planning Department Staff recommends that the Planning Commission make the following recommendation to the City Council: 1. ADOPT the Negative Declaration for Parcel Map No. 25408; and ADOPT Resolution 91 -_ approving Tentative Parcel Map No. 25408 based on the analysis contained in the staff report and subject to the attached Conditions of Al~proval. vgw S~MEMOS/GAR/25408PM,MEM ATTACHMENT NO. S PLANNING COMMISSION STAFF REPORT DATED OCTOBER 7, 1991 S\STAFFRPT\25408-PM.CC 17 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 7, 1991 Case No.: Parcel Map 25408 Prepared By: Scott Wright Recommendation: ADOPT the negative declaration; and ADOPT Resolution 91 - recommending approval of Parcel Map No. 25408 APPLICATION INFORMATION APPLICANT: Phillip T. See REPRESENTATIVE: Greiner, Inc. PROPOSAL: To create 20 parcels and a 6.52 acre open space area on a 36.2 acre site in the Manufacturing-Service Commercial Zone LOCATION: West of Diaz Road, and southwesterly of the future extension of Winchester Road EXISTING ZONING: Manufacturing-Service Commercial (M-SC) SURROUNDING ZONING: North: South: East: West: Manufacturing-Service Commercial (M- SC) Manufacturing-Service Commercial (M- SC) Manufacturing-Service Commercial (M- SC) Residential Agriculture, 20 acre minimum (R-A-20) PROPOSED ZONING: Not requested EXISTING LAND USE: Vacant S\Steffrpt\25408 .PM SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: North: Vacant South: Vacant East: Vacant West: Vacant Gross Site Area: Net Site Area: No. of Parcels: Average Parcel Size: Area of Open Space: Cut: Fill = 36.21 acres 23.68 acres 20 1.18 acres 6.52 acres 1,800,000 cubic yards 500,000 cubic yards Tentative Parcel Map 25408 was submitted to the County on November 14, 1989. The application was reviewed by the County Land Development Committee on December 12, 1989 and was continued pending submittal of the following information: a traffic study, biological and paleontological surveys, soil and liquefaction reports, a slope stability report, and a Planned Industrial Development design manual. Parcel Map 25408 was transmitted to the City on May 1, 1990. City staff requested a traffic study and information regarding property boundaries, the alignment of Winchester Road, slope stability, soil export, archaeological resources, and landscape and architecture standards. The proposal is to create 20 parcels ranging in size from 0.95 acre to 1.39 acres with a total gross area of 36.21 acres. The site is zoned M-SC, Manufacturing * Service Commercial. A 6.52 acre area located in the southwesterly portion of the site will be maintained as an open space area comprising some undisturbed land and some 1.5:1 cut slopes 80 to 100 feet in height. Gradinq The project will involve 1,800,000 cubic yards of cut, 500,000 cubic yards of fill and 1,300,000 cubic yards of soil export. The Engineering Department S\Staffrpt%25408.PM 2 ITEM NO. 18 Conditions of Approval include the requirement to obtain a haul route permit and provide information regarding truck loads, the proposed haul route, destination site and stockpile permits and/or approved grading plan at the recipient site with the property owner's permission. These requirements shall be satisfied prior to issuance of grading permits. Staff has concerns relative to grading on this site. However, with the absence of policy relative to grading, Staff's recommendation is to condition the map in such a way as to mitigate, the greatest extent possible, grading impacts of this project. Mitigation measures relative to grading are contained in the project Conditions of Approval. With respect to this issue, the City's General Plan effort will most likely include policies relative to grading. Slope Stability The cut slopes at the southwesterly side of the site are indicated on the tentative map with slope ratios of 1.5:1. The revised slope stability analysis prepared for this project states that the cut slopes will be stable under normal and seismic conditions, provided it is free of adverse geologic conditions. The revised slope stability analysis included recommendations that an engineering geologist conduct geological mapping during grading to verify that the soils and geologic conditions encountered do not differ significantly from those assumed in the slope stability analysis. If significant differences are encountered, buttressing may be required to stabilize the slope. Cut and fill slopes should be provided with appropriate surface drainage and landscaped as soon as possible after grading. The Tentative Map shows a brow ditch and bench drain at 30 foot intervals in the cut slope. The recommendations of the slope stability analysis are Conditions of Approval for the Tentative Parcel Map Traffic and Circulation Future development of the site is expected to generate 1,730 vehicle trip ends per day. The traffic study prepared in conjunction with the project determined that projected future traffic based on existing traffic, project generated traffic, and traffic generated by other growth in the area will result in a peak hour level of Service D or better at all intersections within the scope of the traffic study if recommended improvements are implemented. The recommendations include contributing to the extension of Diaz Road, providing traffic signals at certain intersections and contributing to the signalization of other intersections, providing a signing and striping plan, and contributing to the construction of the Overland overcrossing and the restriping Winchester Road to six lanes. These improvements are incorporated in the Conditions of Approval. Additionally, this project, along with PM 25139, will be constructing the first portion of the western bypass corridor from the City's northerly boundary at Douglas Avenue, This portion of the proposed alignment of the corridor has been reviewed and approved by the City's Department of Public Works and found acceptable. Access Access to the site will be taken from Winchester Road and Via Industria. All proposed parcels will have frontage on and take access from dedicated streets. Parcels fronting Via Industria shall limit access to joint use access driveways as approved by the Department of Public Works. S\Staffrpt',25408,PM ~e Parcel Size and Dimensions Development standards in the M-SC zone require a minimum lot size of 7,000 square feet and an average width of at least 65 feet where sewers are available and will be utilized. The proposed parcels range from 0.95 acre to 1.41 acres and have average lot widths of over 100 feet. DrainaGe The site is located within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan and drainage fees shall be paid. All lots shall be graded to drain to the street or an adequate outlet as approved by the City Engineer. Drainage facilities must be designed to covey 100 year storm flows, including 1 O0 year storm runoff tributary to the site, to Murrieta Creek. Street and lot grading will perpetuate existing natural drainage patterns. Evidence of a viable drainage facility maintenance mechanism must be submitted to the County Flood Control District prior to final map recordation. Fossil and Cultural Resources The archaeological assessment states that the site has low potential to be a small food processing site which could address limited archaeological research questions and recommends a 100% surface collection, soils testing, subsurface testing and mapping and 3 to 5 cubic meters of excavation. The site is located on the fossiliferous Pauba Formation. In accordance with the recommendation of the San Bernardino County Museum, the subdivider shall retain a paleontologist to provide monitoring during excavation as well as recovery, reporting, and preservation of specimens found during grading. S'~Staffrpt/25408.pM 5 SOUTHWEST AREA PLAN AND ZONING CONSISTENCY: Water and Sewer Availability The Rancho California Water District has an interagency agreement with the Eastern Municipal Water District to provide sewer service to the area in which the site is located. Water and sewer service will be available from the Rancho California Water District upon completion of financial arrangements between the property owner and the District. Lot Line Adjustments and Street RealiQnments The formation of Assessment District 155 included a realignment of the right of way for the future extension of Winchester Road west of Diaz Road. Since the centerline of the right of way constituted the boundary between properties, the realignment resulted in changes to property boundaries. The subject parcel map was affected by a realignment of Winchester Road. In order to prevent discrepancies in the legal descriptions of the property at the time of recordation, staff has required that the applicant and other affected property owners eliminate the discrepancies by filing lot line adjustments, street vacations, and offers of rededication reflecting the new alignment of Winchester Road and the resulting changes in property boundaries. These requirements must be met prior to final map recordation. The proposed parcels conform to the development standards of the M-SC Zone. The M-SC Zone is consistent with the Light Industrial Land Use Designation in which the site is located. There is a reasonable probability that the project will be consistent with the Future General Plan in that the project is consistent with existing development and approved subdivisions in the area. S\Staffrpt\25408PM 7 ENVIRONMENTAL DETERMINATION: FINDINGS: The Initial Study prepared for Parcel Map 25408 indicates that the project will not result in any environmental impacts which cannot be mitigated to a level of insignificance and a Negative Declaration in recommended. The proposed parcel map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the Future General Plan being prepared at this time in that the proposed commercial-industrial subdivision is consistent with the Swap Light Industrial Land Use Designation, the Manufacturing-Service Zone and existing land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule E. m The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access and density. S\SteffrDt\25408 ,PM 8 STAFF RECOMMENDATION: 10. 11. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southern exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. Staff recommends that the Planning Commission make the following recommendation to the City Council: 1. Adopt the Negative Declaration for Parcel Map 25408; and Adopt Resolution 91- approving Parcel Map 25408 based on the finding contained herein and subject to the attached Conditions of Approval. S\Staffrpt\25408 PM 9 vgw Attachments: 2. 3. 4. Resolution Conditions of Approval Environmental Assessment Exhibits A. Vicinity Map B. SWAP Map C. Zoning Map D, Tentative Parcel Map 25408 S\Staffrpt\25408pM 10 RESOLUTION NO. 91-107 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 25408 TO SUBDIVIDE A 36.21 ACRE PARCEL INTO 20 PARCELS AND A 6.52 ACRE OPEN SPACE AREA LOCATED WEST OF DIAZ ROAD SOUTHWESTERLY OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-026 WHEREAS, Phillip T. See filed Tentative Parcel Map No. 25408 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on November 4, 1991, at which time interested 3ersons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Finding~i. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. S\Staffr~t\25408,PM 11 (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Tentative Parcel Map No, 25408 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, S'/Staffrlat\25408PM 12 (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that S\Staffrpt\25408PM 13 alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed parcel map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the Future General Plan being prepared at this time in that the proposed commercial-industrial subdivision is consistent with the Swap Light Industrial Land Use Designation, the Manufacturing-Service Zone and existing land uses in the vicinity. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule E. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access and density. S\Staffrpt/25408,PM 14 The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southern exposure. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with this applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. S\Staffrpt\25408.PM 15 SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Tentative Parcel Map No. 25408 for the subdivision of a 36.2 acre parcel into 20 parcels and a 6.52 acre open space area located west of Diaz Road, and southwesterly of the future extension of Winchester Road and known as Assessor's Parcel No. 909-120-026 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 4th day of November, 1991. JOHN E. HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 7th day of October, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSTAIN: I PLANNING COMMISSIONERS S\StaffrPt\25z~08,PM 16 ATTACHMENT NO. 9 INITIAL STUDY S'STAFFRPTI25408'PM.CC 18 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backaround 1. Name of Proponent: 2. Address and Phone Number of Proponent: Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Environmental ImPacts Greiner Engineedna 28481 Rancho California Road #101 Temecula, CA 92591 (714) 676-8277 August 21, 1991 CITY OF TEMECULA Parcel MaD 25408 Southwesterly of the future extension of Winchester Road (Explanations of all answers are provided on attached sheets.) Yes Maybe N__o 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X X X Disruptions, displacements, compac- tion or overcovering of the soil? Substantial change in topography or ground surface relief features? The destruction, covering or modi- fication of any unique geologic or physical features? X S\Staffrpt\Z5408.PM 32 Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Yes Maybe No X X X X X X X X X S\Staffrpt/2S408.PM 33 Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered Species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes Maybe No X X X X X X X X X S\Steffrpt\25408.PM 34 Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Yes Maybe No X X X X X X X X X X S/Staffrpt/25408.PM 35 10. 11. 12. 13. Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present pa~erns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes Maybe No X X X X X X X X S\Staffrpt\25408 .PM 3 6 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services: 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Yes Maybe No X X X X X X X X X S/Steffrpt/25408 .PM Communications systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? 37 X X X X X 17. 18. 19. Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X _ _ X X X X X X S\Staffrpt/25408.PM 38 Yes Maybe No 21. Mandatory Findings of Significance. 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 or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? X X X X S\Steffrpt\25408PM 39 III Discussion of the Environmental Evaluation 1.a,b,c Yes. The project will involve 1,800,000 cubic yards of cut and 500,000 cubic yard of fill and will create 80-1 O0 foot high 1.5:1 cut slopes in the southwesterly portion of the site. The Slope Stability Analysis prepared for this project states that the proposed cut slopes will be stable against deep seated failure, arcuate failure under seismic conditions, and surficial failure provided it is free of adverse geologic conditions. The Analysis recommends that an engineering geologist conduct geological mapping of the slopes during grading to verify that soils and geological conditions encountered during grading do not significantly differ from the assumptions of the Slope Stability Analysis. If significant differences are found, buttressing may be required to stabilize the slope. Cut and fill slopes should be provided with appropriate surface drainage and landscaped with drought tolerant vegetation as soon as possible after grading. The Tentative Map indicates bench drains at 30 foot intervals in the cut slope. All fill slopes have a slope ratio of 2:1 and should be stable due to their limited height. The project will involve exporting 1,300,000 cubic yards of earth from the site. It shall be a Condition of Approval for Parcel Map 25408 that information regarding the number of truckloads, the haul route, the destination point, and a stock pile permit or an approved grading plan for the recipient site shall be submitted and a haul route permit obtained from the City prior to issuance of grading permits. The final disposition of the export soil will be subject to environmental review in conjunction with the project which will use the export soil as fill. 1.d. No. There are no unique geologic or physical features on the site. 1.e, Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through retention of natural vegetation whenever feasible, and use of watering trucks and landscaping disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the Conditions of Approval. S'lStatfrpt%25408.PM 40 1.f. 1.g. 2.a,b,c. 3.a,c,d,i. 3.b. 3.e, 3.f,g. 3.h. 4.a,b. 4.c. 4.d. 5.a. No, The subject site is not located near any channel, lake or ocean that would be impacted by deposition or erosion. Drainage improvements and landscaping will prevent soil erosion. No. The site is not located in a fault hazard zone or an area susceptible to liquefaction. Hazards due to groundshaking associated with a nearby fault are addressed by the requirements of the Uniform Building Code. No. The proposed Parcel Map will not result in any impacts to air quality or the climate. Subsequent development proposals will be assessed for potential impacts to air quality and the climate. No. There are no currents or bodies of water on the site. The site is not located in a flood plain. Therefore there will be no impact on the direction of water currents or flood waters or the amount of water in any water body. Neither people nor property will be exposed to flood hazards. Yes. The proposed parcel map will result in changes in the amount of surface runoff. The improvement of the site will provide for adequate drainage facilities as approved by the City Engineer. Yes. Grading may result in an increase in turbidity in local surface water. This impact is temporary and is not considered significant. No. Excavation is not expected to encounter groundwater. There will be no impact to the direction or flow of groundwater. No. The proposed Parcel Map will not result in any impact on public water supplies. No. The only plant specimen on the site worthy of note in the biological report is an engelmann oak. The oak tree shall be preserved, relocated, or replaced at a 10 to I ratio or as approved by the Planning Director. Maybe. Landscaping of the site may introduce some non-native species. This is not considered a significant impact. No. The site is not currently used as crop land. No. No evidence of rare or endangered species was found on the site. SIISta~fr~t/25408PM 41 5.b. 5.c. 6.a. 6.b. 9.a,b. 10.a,b. Maybe. Although the biology survey encountered no sign of the presence of stephens kangaroo rats on the site, the biologist recommended that a certified stephens kangaroo rat biologist ascertain if they inhabit the site. A report by a certified specialist shall be required prior to issuance of grading permits. If any stephen kangaroo rats are found, a lO(a) permit for incidental take must be obtained prior to issuance of grading permits. Yes. The project will result in loss of grass land and chaparral which typically provides foraging habitat for raptors, sparrows, rabbits, gophers, ground squirrels, and reptiles. The only sensitive vertebrate observed during the survey was a golden eagle soaring high above the site. The biologist recommended that a portion of the site abutting the upslope chaparral be maintained in a natural state in order to preserve some foraging habitat. Part of the open space slope at the southwesterly side of the site will be maintained in a natural condition. Yes. The proposed parcel map will result in increased noise levels during grading. This impact will be temporary and is not considered significant because the site is not near any noise sensitive land uses. No. Future development proposals will be reviewed for potential noise impacts and land uses which generate severe noise will be prohibited or required to provide adequate noise mitigation. No. The proposed Parcel Map will not cause new light or glare, and subsequent development of the site will be subject to standard conditions prohibiting lighting from impacting adjacent properties and requiring low-glare sodium rapor lights. No. The proposed subdivision is consistent with the zone and the land use designation in which the property is located. No. The project will not involve a substantial increase in the rate of consumption of natural or non-renewable resources. No. The proposed Parcel Map will not involve the use of hazardous materials or interference with emergency response or evacuation plans. S/Staffrpt\25408.PM 42 11,12. 13.a,d, 13.b. 13.c,e. 13.f. 14.a.-f. 15.a,b. No. The proposal is not likely to alter the distribution or growth rate of the population or create a demand for new housing. Future development of the site will help address the imbalance of local jobs in relation to existing and approved housing. Yes. Future development of the site is expected to generate approximately 1,730 vehicle trip ends per day. Via Industria is part of a western corridor bypass road which will alter present patterns of circulation. The purpose of the by-pass road is to relieve congestion on existing streets. The traffic study prepared in conjunction with the project determined that intersections and roadways in the vicinity will continue to operate at acceptable levels of service if recommended improvements are implemented. The recommendations of the traffic study are incorporated as conditions of approval. No. Future development of the site will be required to provide adequate off-street parking as appropriate for the particular land use proposed. No. The project will have no impact upon existing transportation systems or upon water, rail, or air traffic. No. The streets and intersections in the vicinity will continue to operate at acceptable levels of service if recommended street improvements are implemented. The street improvements will be Conditions of Approval for the proposed Parcel Map. Parcels fronting Via Industria shall limit access to joint use driveways. No. The project will not result in a need for new public services. Future development will generate an increase in the need for public services in the areas of fire and police protection and road maintenance. Fire impact mitigation fee, the public facility fee, and taxes will fund the additional public services. No. The project will not result in a substantial use or increase in demand for fuel or other energy sources. 16.a.-f. 17.a,b. No. Future development of the site will require only hook up to or service by existing utility systems and will not result in a need for new or substantially altered utility systems. No. The proposed Parcel Map will not result in any potential health hazards. Future development will be assessed for potential health hazards. S/Staffrpt/25408 PM 43 18. 19. 20.a,b,c. 20.d. 21 .a. 21 .b,c. No. The proposed Parcel Map will not result in the obstruction of any scenic views. Future development will be reviewed in order to prevent the construction of aesthetically offensive structures or site lay outs. Cut slopes will be landscaped as soon as possible after grading. No. The site is not currently used for recreational purposes. Maybe. The site contains a lithic scatter encompassing approximately 200 square meters which yielded a projectile point and 6 pieces of basalt debitages during the archaeological survey. The Archaeological Assessments states that the site has low potential to be a small food processing site which could address limited archaeological research questions and recommends a 100% surface collection, soils testing, subsurface testing and mapping and 3 to 5 cubic meters of excavation. These procedures are expected to constitute final mitigation and shall be incorporated as Conditions of Approval for Parcel Map 25408. No. There are no existing religious or sacred uses of the site or in the vicinity. No. Although the biology survey encountered no sign of the presence of stephens kangaroo rats on the site, the biologist recommended that a certified stephens kangaroo rat biologist ascertain if they inhabit the site. A report by a certified specialist shall be required prior to issuance of grading permits. If any stephens kangaroo rats are found, a 10(a) permit for incidental take must be obtained prior to issuance of grading permits. Payment of kangaroo rat habitant mitigation fees is a Condition of Approval for the proposed parcel map. The project will result in loss of grass land and chaparral which typically provides foraging habitat for raptors, sparrows and reptiles. The only sensitive vertebrate observed during the survey was a golden eagle soaring high above the site. The biologist recommended that a portion of the site abutting the upslope chaparral be maintained in a natural state in order to preserve some foregoing habitat. Part of the open space slope at the southwesterly side of the site will be maintained in a natural condition. No. The long term and cumulative traffic impacts of the project will be adequately mitigated by the street improvements recommended by the traffic study which are Conditions of Approval for the proposed Parcel Map. Streets and intersections in the vicinity will continue to operate at acceptable levels of service. SI, SteffrDt!25408.PM 44 21 .d. No. The proposed Parcel Map will not create any health hazards. Environmental review of future development of the site will address any potential health hazards and mitigations, if necessary, will be required. S\Staffrpt\25408 .PM 45 ENVIRONMENTAL DETERMINATION 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 signi- ficant effect on the environment, there will not be a signi* ticant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date For CITY OF TEMECULA SI, StaffrPt\25~'OB.PM 46 A'I'FACHMENT NO. 10 EXHIBITS S'STAFFRPT/25408-PM.CC 19 CITY OF TEMECULA ) SITE--, /~, / VICINITY MAP CASE NO. P.C. DATE CITY OF TEMECULA ) ,.,./ RLI SWAP MAP "~ CASE NO-? P.C. DATE e CITY OF TEMECULA ) · \,,: u ""2'~ n \ -- / ./' CASE NO. p't,1 Z-~,-~o~ C.C. DATE ZONE MAP Z CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: PARCEL MAP NO. 25408 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Aol)roval Condition No, 26 Condition No. N/A Condition No. 75 Condition No. 51 Condition No. N/A Condition No. 12 Condition No. 70 S\PLANNING\254OB-CC .PM ITEM NO. 17 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager December 10, 1991 Election of Mayor PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: calendar year 1992. Conduct election of Mayor to preside until the end of BACKGROUND: The City Council selects a member to serve as Mayor annually. This office is assumed at the first meeting of the City Council in January and the newly elected Mayor presides through the calendar year of 1992. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council City Manager December 10, 1991 Election of Mayor Pro Tempore June S. Greek, City Clerk RECOMMENDATION: Conduct election of Mayor Pro Tempore to preside until the end of calendar year 1992. BACKGROUND: The City Council selects a member to serve as Mayor Pro Tempore annually. This office is assumed at the first meeting of the City Council in January and the newly elected Mayor Pro Tempore presides through the calendar year of 1992. ITEM NO. 19 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: City Attorney DATE: December 3, 1991 SUBJECT: Council Compensation RECOMMENDATION: That the Council consider increasing its compensation by five percent (5%) for each of the last two years. DISCUSSION: Government Code Section 36516 establishes Council compensation for general law cities according to the size of the city. For Temecula, this amounts to $300.00 per year. This compensation was established pursuant to Ordinance at the time of incorporation. Section 36516 permits the Council to increase its compensation by 5% per year. No adjustment was made last year, and Council could increase its compensation for the 1993 year by 5% for 1990, plus 5% for 1991, amounting to a total compensation of 8330.75 per month. Accordingly, it is recommended that Council provide direction to Staff regarding whether an ordinance should be prepared increasing the compensation pursuant to Section 36516. ATTACHMENTS: - Government Code Section 36516 § 36514 GOVERNMENT OF CITIES Section 36514 as it existed before that date; and any past or future payment of compensation pursuant thereto is hereby confirmed, validated, and declared legally effective. The provisions of this section shall be alternative to those of Section 36516. Added Stars 1st Ex Sess 1966 ch 12 8 2, effective April 11, 1966. Former Sections: Former 8 36514, relating to salaries of city councilmen, was added by Stats 1965 ch 286 8 2 and repealed by Stab 1st Ex Seas 1966 ch 12 8 1, effective April 11, 1966. Original 8 36514, relating to compensation of councilmen (based on Stars 1883 ch 49 § 855 p 268, as amended by Stab 1909 ch 100 8 I p 148, Stars 1931 ch 132 86 p 190, Stats 1933 ch 516 § 8 p 1322, Stats 1941 ch 130 8 1 p 1177), w~ added by Stars 1949 ch 79 8 1, amended by Stats 1957 ch 1362 8 1, Stars 1963 ch 1998 8 1, and repealed by Stab 1965 ch 286 8 1. Collateral References: Cal Jur 2d Municipal Corporations 8 343. McKinney's Cal Dig Municipal Corporations 8 305(1). 56 Am Jut 2d Municipal Corporations, Counties, and Other Political Subdivisions §8 258 et seq. Attorney General's Opinions: 44 Ops Atty Gen 170 (prohibition against city council, that has declared itself to be governing board of redevelopment agency, increasing compensation of its mem- bers for service as members of such agency). § 36514.5. Expenses of councilmen City councilmen may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Added Stars 1st Ex Sess 1966 ch 12 8 3, effective April 11, 1966. Collateral References: Cal Jur 2d Municipal Corporations 8 343. § 36515, Compensation of councilman filling vacancy The compensation of a city councilman appointed or elected to fill a vacancy is the same as that payable to the member whose office was vacated, Added Stats 1949 ch 79 8 I. Prior Law: Based on Stats 1883 ch 49 8 855 p 268, as amended by Stats 1909 ch 100 8 I p 148, Stats 1931 ch 132 8 6 p 190, Stars 1933 ch 516 8 8 p 1322, Stats 1941 ch 130 8 I p 1177. Collateral References: Cal Jur 2d Municipal Corporations 8 343. McKinney's Cal Dig Municipal Corporations 8§ 299, 302. 56 Am Jur 2d Municipal Corporations, Counties, and Other Political Subdivisions 8§ 258 et seq. § 36516. Compensation of councilmen under ordlnan~ A city council may enact an ordinance providing that each member of 380 the city cout determined 13 (a) In cities including onl (b) In cities two hundred (c) In cities two hundred (d) In cities three hundr~ (e) Cities ov 250,000, fou (f) Cities o' month. For the pur the estimate In a city c provicl~-d in minet y t' of Finance Streets and Compensati provided i~ affirmative any munici Added Slats I' 1st Ex Se~ 19 81. Prior La~,: Ba 148, Stab 193 1963 Am may be council 1963 Ar~ stagger fords 1965 Atr decred elector 1966 '~ An f luture ~nned, Section d by Stars , 1966. 19 § 855 p s 1933 ch amended 6§t. sions ~.penses fill a C Was ~O0§lp I p 11~7. ions ,bcr of OFFICERS § 36S16 the city council shall receive a salary, the amount of which shall be determined by the following schedule: (a) In cities up to and including 35,000 in population, up to and including one hundred fifty dollars ($150) per month; (b) In cities over 35,000 up to and including 50,000 in population, two hundred dollars ($200) per month; (c) In cities over 50,000 up to and including 75,000 in population, two hundred fifty dollars ($250) per month. (d) In cities over 75,000 up to and including 150,000 in population, three hundred dollars ($300) per month. (e) Cities over 150,000 population up to and including a population of 250,000, four hundred dollars ($400) per month. (f) Cities over 250,000 population, five hundred dollars ($500) per month. For the purposes of this section the population shall be determined by the estimates of population made by the Department of Finance. In a city changing from a lower to a higher population group as provided in this section, the amount of compensation shall be deter- mined by the latest estimate of population made by the Department of Finance or as provided in Sections 2107, 2107.1 and 2107.2 of the Streets and Highways Code. Compensation of councilmen may be increased beyond the amount provided in this section or decreased below such amount by an affirmative vote by the majority of the electors of the city voting at any municipal election. Added Slats 1949 ch 79 § 1; Amended Stars 1963 ch 1998 § 2; Slats 1965 ch 286 § 3; Slats 1st Ex Sess 1966 ch 12 §4, effective April 11, 1966; Slats 1968 ch 642 § 1; Stab 1972 eh 591 Prior Law: Based on Slats 1883 ch 49 § 855 p 268, as amended by Stab 1909 ch 100 § I p 148, Slats 1931 ch 132 § 6 p 190, Slats 1933 ch 516 § 8 p 1322, Slats 1941 ch 130 § I p 1177. Amendments: 1963 Amendment: Prior to 1963 the section read: "Compensation of councilmen may be increased or diminished at any general election, in the same manner as it was originally established. A change in compensation does not apply to a councilman during his term of office." 1963 Amendment added "; however, the prohibition hereln expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a ~hry increase by virtue of his beginning a new term of oflice." 1965 Amendment: Substituted "beyond the mount provided in Section 36514 or decreased below such amount by an affirmative vote by the majority of the electors of the city voting at any municipal election" for "or diminished at any general election, in the same manner as it was originally established" after "be increased." 1966 Amendment: Amended the section to read as at present except for the amendments of 1968 and 1972. 1968 Amendment: Added "or as provided in Sections 2107, 2107.1 and 2107,2 of the Streets and Highways Code" in the third paragraph. 381 ITEM NO. 20 APPROVAL TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council City Manager December 10, 1991 Appointment to the Public Safety Commission June Greek, City Clerk RECOMMENDATION: Appoint a member to the Public Safety Commission for a term of three (3) years. BACKGROUND: The City Clerk placed display advertisements in two publications, the Californian and the Press Enterprise, during the week of October 28, 1991 to advise the public of the vacancy on the Public Safety Commission. Applications were accepted through November 15, 1991 and copies of the applications received were sent to the Ad Hoc Committee members for their review. Councilmembers Lindemans and Mu~oz have completed their review of the applications and Councilmember Lindemans recommends the appointment of non Perry; Councilmember Mu~oz recommends the appointment of Deborah Holliday to serve a three-year term to fill the vacancy created by the resignation of Joseph Schneider. Staff is attaching copies of all of the applications submitted for the review of the Council. FISCAL IMPACT: None ATTACHMENTS: Applications received 40945 County Center Dr., Suite C Temecula, CA 92591 (714) 676-5090 cc: June Greek November 13, 1991 City Council City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Dear Councilmembers, The Chamber of Commerce would like to endorse Mr. Ron Perry as a candidate for the open position on the Public Safety Commission. Mr. Perry has served on the Chamber of Commerce board since 1989 and is active in community affairs. With his commitment and desire to assist with the Public Safety officials and commission, we believe he would be a great asset and recommend him highly. If you need further information, please do not hesitate to call me at the Chamber of Commerce, 676-5090. Sincerely, Allan R. McDonald, President Temecula Valley Chamber of Commerce RECENT BIOGRAPHY OF RONALD C. PERRY A native of California, Ron Perry graduated from California State University at Long Beach, in June of 1966, with a Bachelor of Science Degree in Marketing. Upon college graduation he enlisted in the United States Navy where he was commissioned as a Naval Officer and then graduated from United States Naval Air Training Command where he received wings as a Naval Aviator, He performed the duties of supply officer in every command with which he was attached. He served a tour in Viet Nam as a fighter pilot, flying off the aircraft carrier USS Enterprise, and was honorably discharged in April, 1972. He immediately pursued a career in real estate by joining the firm of Rancho Consultants Company, Inc. (Rancon) as a salesman specializing in Rancho California-Temecula properties. From January 1, 1975 to December 31, 1975 he represented Rancon real estate securities to security broker-dealer firms statewide, In August of 1978 Ron ]eft Rancho Consultants Company, Inc. to purchase a retail western store in Temecula, which he renamed the "The Bull Pen". He operated this retail business until sold in 1983. Concurrenty, from 1978 to 1983, Pen was an active member of the Riverside County Sheriff's Posse. In February, 1980, while operating the western store, he opened a Radio Shack Dealer store, Butterfield Electronics, Inc., in Temecula, which he operates today as the CEO. Ron Perry has served as a director for the Temecula Valley Chamber of Commerce for three years, as president of the Ranthe Temecula Business Exchange, and as president of Rancho California Caballeros. He is a principal officer of the Catalina lsland Masonic Lodge in Temecu]a as well as a founder and director of the Golden Triangle Amateur Radio CIub serving the Temecu]a, Murrieta, Wildomar and Lake EIsinore areas. As Emergency Coordinator of TemecuIa Valley for the Radio Amateur Civil Emergency Services (RACES) Ron was instrumental in forming the volunteer Police Au×illiary to provide emergency communications for the Temecula Police department when needed. He is currently working on a more e×tensive emergency communication system for the Temecula Fire Department, who would act as lead agency during major or minor disasters. Ron Perry believes that his background gives him some insight on the operations and problems of public service agencies as well as the ability to interface with the general public. Pen would like the opportunity to serve the City of Temecu]a as a Public Safety Commissioner. CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of City of Temecula COMMISSION ON WHICH YOU WISH TO SERVE: NAME: Rita Victoria Hernandez HOME PHONE: WORK PHONE: (71~ 676-5655 -- OCCUPATION: EMPLOYER/ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: Graduate Washington Irving H.S. - ~ew ~ork College classes SAFETY COMMISSION YEARS RESIDENT OF TEMECULA: 2yr ~ mo at E1 Camino College, Torrance CA - no degree LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: {Professional, technical, community, service): V~llages II Homeowners Association, Bird:bright of Temecula BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIF!C (Use additional paper if necessa~f): Involvement in my community has always been a top priority and very ~mportan~ to me. I expect to reside in Temecula for many years and am very ~nterested in its growth and developant. I believe this commission is a vital part of this city. I am aware that there are probably many people with degrees after their name but being an intelligent, agress~ve ~ndividual, I have no doubt that I can hold my own quite well. BESIDES, its time to have a woman on boar~. I understand ~at any or all information on ~is form may be verified. I consent to ~e release of ~is information for publici~ purposes. SIGNATURE: DATE: PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk'e Office, 43172 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/forns/COM-001 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of City of Temecula COMMISSION ON WHICH YOU WISH TO · t~) sERvE. ~1~c; ~ NAME: YEARS RESIDENT :~a6a ~_/a~ ,~, OFTEMECULA: 0 E PHONE:LO~ _ ~ WORK PHONE: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: - BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if neceaaary): Re~rn to: Ci~ Clerk's Office, 43172 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/forrns/COM-OO1 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of City of Temecula COM"".SSION ON WHICH YOU W.SH TO SERVE: NAME: HOME PHONE: L YEARS RESIDENT OF TEMECULA: ,..R Lr~. WORK PHONE: OCCUPATION: OL,~C"'~(3F' O~' ~LLlO,5,tO,~ CL~ EMPLOYER/ADDRESS: EDUCATIONAL BACKGrOUND/DEGrEES: LIST ANY RIV[RSIDE COUNTY OR OTHER CITY 6OMMI~EE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: {Professional, technical, communi~, se~ice): BELIEVE YOU ARE QUALIFIED FOR THE POSITION, BE SPECIFIC (Use additional paper I understand ~at any or all information on ~is form may be verified. I consent to ~e release of information for publici~ purposes. SIGNATURE: ~J~rC~r~. b~DATE: ~ ~'1 ~qq % PLEASE NOTE: Applicatio ill nsideration of future vacancies. Return to: City Clerk's Office, 43172 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/forms/COM-OO1 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of City of Temecula COMMISSION ON WHICH YOU WISH TO ~ OT~,,~ sE.vE: , b NAME: YEARS RESIDEN OF TEMECULA: ~ WORK PHONS:G,~g,~I )L~ p EDUCATIONAL BACKGROUND/DEGREES: ~, ~ LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: : , .: .... :,,: = ORGANIZATIONS TO WHICH YOU BELONG: IProfessional, technical, community, service): :- BRIEFLY STATE WHY YOU WISH TO S E ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION.' BE SPECIFIC (Use additional paper if I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. J SIGNATURE://Y~C~ ' PLEASE NOTE: A~Pplications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office. 43172 Business Park Drive. Temecula, CA 92390 (714) 694-1989 2/formsiC OM-OO 1 TEMECULA, CA. 92390 t714) 676-4303 ~mmce'norF1~ ;ITY OF TEMECULA ~R APPOINTMENT TO COMMISSION uirement: Resident of City of Temecula '*, - COMMISSION ON WHICH YOU WISH TO SERVE: HOME PHONE: 7r~- ~Yra OCCUPATION: ~Y_EARS RESIDENT OF TEMECULA: WORK PHONE: EMPLOYER/ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMI~Et OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ~ - "' ' . · . - :~ :x--,; ..-;, - . · ':?; :'..: i/'Co ,-~ ~--; '-':<:,<~ !--;~'-': ~: --:4 - OR~AMIZAT[O~$ TO ~HIGH YO~ aitO~: {Pro~,a$ionaL t,chnical. commune. a~ic~h BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY .YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE' SPECIFIC (Use' additional paper if PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43172 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/forms/COM-OO1 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of City of Temecula COMMISSION ON WHICH YOU WISH TO SERVE: ~.~ ~ ..~'Jr-y NAME: ~_~/~A7 ~>, ~L~ ~J~r~J YEARS RESIDENT OF TEMECULA: HOME PHONE: &7"7 &~'~ ? OCCUPATION: ,~/4"/"0 fi'> ~ "X , 3 6 ~ '~_-,~- ~ ~ ~.-~. EMPLOYER/ADDRESS:~(~'7~5- ~//~J ~_~=~ ~ d~, EDUCATIONAL BACKGROUND/DEGREES: f WORK PHONE: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: :.-' ~: h !:- : - '.. ': .... ~: . BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. ' BE SPECIFIC (Use additional paper if I understand that any or all information on ~is form may be verified. I consent to ~e release of this information for publici~ purposes. PL~SE NOTE: Applications will be kept on file for consideration of ~re vacancies. Return to: Cj~ Clerk's Office, 43172 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/for~ns/CObt-001 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of City of Temecula COMM,SSIO. ON WHIC. YOU W,SH TO SE.VE NAME: Ho ~y~:~_ OF TEMECULA: WORK PHONE: OCCUPATION: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all ' formation on this form may be verified. I consent to the release of this information for oses. Return to: Ci erk':s/~Pf~licati°ns n file for consideration of futur'v/ac~a/nncies. .. 2/forms/COM-O01 ' WAYNE A. HINGE 29846 CORTE CASTILLE TEMECULA, CALIFORNIA, 714-699-8693 CA. 92591 11/12/91 HIGHLIGHTS OF QUALIFICATION5 EMPLOYED BY TEXACO INC. 22 YEARS RETIRED 12/1/88 PROMOTED TO TEXACO SAFETY DEPT. 3/72 TEXACO'S SAFETY DEPT. 7 YEARS SUPERVISOR OF TRAINING FOR 10 YEARS INTERACTED WITH UPPER LEVELS OF MANAGEMENT. CREATED OVER 35 TRAINING AND PR VIDEOS HOLDS LA. COUNTY STEAM ENGINEERS LICENSE As SAFETY INSPECTOR, WORKED WITH CONTRACTORS AND FEDERAL 0SHA OFFICIALS. SET UP AND CONDUCTED CLASSES ON RESPIRATORY PROTECTION AND LATER PRODUCED A VIDEO ON THE SUBJECT. MADE THREE FIRE FIGHTING VIDEOS. IN 1982 WAS PROMOTED TO LOS ANGELES PLANT SUPERVISOR OF TRAINING. TRAINED ALL NEw EMPLOYEES IN SAFETY PROCEDURES AND PLANT OPERATIONS. CLASS INCLUDED DAY TO DAY SAFETY PRACTICES AND AN EIGHT HOUR COURSE ON FIRST AID, PLUS A FOUR HOUR COURSE ON CPR. IN 1987 DELIVERED A PAPER AT A CONFERENCE IN NEw YORK CITY AT A CONVENTION OF PROCESS SIMULATORS ON HOW TO DEVELOP QUALITY CONTROL TEACHING NEW EMPLOYEES HOW A DISTRIBUTION PROCESS CONTROL LOOP SYSTEM WORKS AND IT'S BUILT IN SAFETY GUARDS, OVER THE TIME PERIOD OF MY CAREER AT TEXACO, I ATTENDED NUMEROUS COMPANY SANCTIONED SAFETY SEMINARS AND CONVENTIONS. DURING THIS TIME I STUDIED FOR AND PASSED THE TEST TO BE LICENSED AS A STEAM ENGINEER IN THE COUNTY OF LOS ANGELES. ITEM NO. 21 APPROVAL TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department December 10, 1991 Appointment of Councilmembers to serve on Committees PREPARED BY: John R. Meyer RECOMMENDATION: Staff recommends that the City Council appoint a member to serve on the following committees: 1. General Plan Technical Subcommittee Selection Committee. 2. Old Town Specific Plan Selection Committee 3. Old Town Advisory Committee DISCUSSION The following is a brief description of the roles and responsibilities of each of the proposed assignments. GENERAL PLAN TECHNICAL SUBCOMMITTEE SELECTION COMMITTEE Together with a Planning Commissioner and Staff, the Councilmember will recommend to the City Council appointments to the five Technical Subcommittees. The subcommittees will focus on Land Use, Circulation, Economic Development, Growth Management, and Urban Design. The Technical Committees will meet twice at key points in the General Plan's preparation to provide direction and expertise in the MEYERJR\SELECT subcommittee's area of focus as well as review and critique the draft General Plan elements and EIR. The City Council will be requested to submit one nominee for each subcommittee to be evaluated by the Selection Committee. The Selection Committee will then make a final recommendation to the Council for its consideration. The nominees should have expertise and interest in the area of focus and be a resident, property owner or business representative within the Community. The nominees should be given to the Selection Committee no later than December 17th, 1991. OLD TOWN SPECIFIC PLAN SELECTION COMMITTEE Together with a Planning Commissioner, a member of the Old Town Local Review Board and staff, the Councilmember will review proposals and sit on an interview panel to select the consultant for preparation of the Old Town Specific Plan. Staff has narrowed the field to six consultants who will submit proposals to the Selection Committee by December 19, 1991. Interviews are tentatively scheduled for the week of January 6, 1992. OLD TOWN ADVISORY COMMITTEE The Old Town Advisory Committee will provide direction and input to the Consultant in the preparation of the Old Town Specific Plan. A meeting schedule has not yet been established. Other members of this committee will include representatives from the Planning Commission, Local Review Board, Temecula Town Association, Old Town Merchants Association, Economic Development Corporation, and a citizen-at- large. vgw MEYERJR\SELECT ITEM NO. 22 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk December 10, 1991 Changes in Policy Guidelines for Old Town Historic Review Board RECOMMENDATION: Discuss amendments to policy guidelines and direct staff to make desired changes. BACKGROUND: At the City Council meeting held November 12, 1991, Council appointed five (5) regular members and one (1) alternate member to serve on the Old Town Historic Review Board. At that meeting, staff was instructed to place the matter of changes to the policy guidelines on a future agenda. The policies, adopted on August 13, 1991 for operation of this committee, do not contain provisions to deal with the duties or term of office of the alternate member. Staff will be happy to prepare the amended policy guidelines to reflect the Council's desires. ATTACHMENT: Operational Guidelines for Historic Review Committee Pro. //003 Admin Date 8/13/91 Dept. City Manager CITY OF TEMECULA Policies and Procedures Old Town Temecula Historic Review Committee Operational Guidelines The City Council of the City of Temecula, recognizing the benefit to the community in establishing a committee to review proposed new developments in the Historic Preservation District, hereby establishes the Old Town Temecula Historic Review Committee. This committee will be charged to serve as a sub-committee working directly with the Planning Commission. It will review the design, authenticity of architectural style and appropriateness to the area and consistency to the Specific Plan for all proposed developments within the boundaries of the Temecula Historic District. GENERAL PROVISIONS 1. Number of Members. This committee shall consist of five (5) members. Ouali~cations, No member of any committee shall be a City employee, nor shall any person be a member of more than one commission or committee at any one time. No person shall be eligible for appointment for more than two full consecutive terms (six (6) years). Members: Appointment and Removal. Members ofthiscommitteeshallbeappointed by the City Council of the City of Temecula, subject to the approval of a four-fifths (4/5ths) majority of the City Council. A majority of the Council may remove an appointee for good cause. The chairperson and Recording Secretary of this Committee shall be selected by a majority of the membership of the Committee. Term~ The term of each committee member shall be three (3) years with staggered terms. Initially, all five members may be selected at one time. In order to achieve staggered terms, one member shall be appointed to a term of three (3) years; two for terms of two (2) years; and two for terms of one (1) year. Said terms to be determined by drawing of lots. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in this Policy and Procedure. Policies andProcedures Administrative Pro. ~X)3 8/13/91 Page 2 Vacancies. Vacancies on this Committee will be filled pursuant to the procedures established in Administrative Policy No.//002, approved by the City Council June 12, 1991. Meetings/Ouorums. The meetings of this Committee with be on an "as needed" basis and at the specific request of the Director of Planning. A quorum of three members shall be required for the transaction of any business. The Committee Chairperson or his/her designee shall attend and report the Committee recommendations to the Planning Commission at their next regularly scheduled meeting. Absence from meetings. Should any member be absent from any three (3) consecutive meetings of the Committee without excuse acceptable to the City Council, that member shall vacate his/her seat on the Committee. The vacancy shall be filled in the same manner as any other vacancy. Compensation. Unless otherwise required by law, committee members shall receive no compensation. ITEM NO. 23 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~, · TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Department of Public Works December 10, 1991 Offer of Dedication of a Portion of Via Las Acceptance in the City Maintained Street System Colinas and PREPARED BY: Tim D. Serlet, Director of Public Works/City Engineer RECOMMENDATION: That the City Council adopt a Resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES AND ACCEPTING INTO THE CITY MAINTAINED STREET SYSTEM, A PORTION OF VIA LA$ COLINAS and direct the Public Works Department to pursue an easement across Parcel No. 2 (vacant parcel east of the Medical Plaza) for emergency vehicles. BACKGROUND: At the regular City Council Meeting of November 12, 1991, the Council expressed concern over the lack of a secondary access for those developments fronting Via Las Colinas and continued this item to allow Staff to explore the possibility of obtaining an easement for emergency access across Parcel I of Parcel Map 13466. The owner of Parcel 1, in obtaining refinancing for his development, was required by the lender to provide publicly-maintained public street access to his parcel. If this requirement cannot be met, the terms of the loan allow the lender, at the expense of the lendee, to take whatever action necessary to fulfill the access requirement, and possibly call the loan. The owners of Parcel 1 (Medical Plan) do not feel they have an obligation to provide secondary access through an easement for emergency vehicles and were not willing to grant an easement. The Public Works Staff and the Fire Department researched the conditions of approval of the underlying Parcel Map (PM 13466), along with the corresponding Plot Plans for the Medical Plaza (PP8208) and the Apartment Complex (PP9195) and found them to be in conformance with the minimum requirements for secondary access under the existing ordinances. These developments were conditioned and constructed under the requirements of County Ordinance 460, which is currently being used by the City of Temecula to condition developments. Section 3.8(E) of County Ordinance 460 states: "When a lot includes an access strip, the access strip shall be not less than 30 feet in width. In no case shall the length of the access strip exceed 660 feet. When the access portion abuts a dead-end street or cul-de-sac, the combined length of the street and the access strip shall be no more than 1320 feet in length in a Nonhazardous Fire Area and 660 feet in a Hazardous Fire Area." The existing accesses to both the Medical Plaza and the Apartment Complex meet this minimum requirement and would not be required to install a secondary access. However, in response to Council concerns, the Staff has approached the owners of Parcel 2, and they have expressed a willingness to negotiate an easement/lease across their property for the use of emergency vehicles. On March 18, 1980, the Riverside County Board of Supervisors approved Parcel Map 13466, but did not accept offers of dedication to public use for street and public utility purposes over Lots "A" through "E", inclusive. Under provisions of Section 66477.2 of the Government Code, these offers remain open. The dedication of abutters' rights of access along the Rancho California Road frontage was accepted by the Board of Supervisors, and limits vehicular access to Via Las Colinas only. Improvements along the Via Las Colinas frontage of Parcel I of said Parcel Map 13466 were completed under conditions of approval for Plot Plan 8208. The County approved these improvements and issued Certificates of Occupancy in 1986-87. Neither the acceptance of the dedication nor the acceptance into the road- maintained system was pursued at that time. The portion of Via Las Colinas fronting Parcel 1 is constructed to public standards. The fronting parcel on the opposite side of Via Las Colinas was previously accepted into the County-Maintained Road System. The remainder of this street lacks full street improvements and would not be acceptable as a publicly maintained street at this time. FISCAL IMPACT: None. ATTACHMENTS: Resolution 91- Exhibit "A" - Map Exhibit "B" - Legal Description RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES AND ACCEPTING INTO THE CITY MAINTAINED STREET SYSTEM, A PORTION OF VIA LAS COLINAS WHEREAS, that portion of Via Las Colinas as depicted in Exhibit "A" attached hereto, has been offered for dedication of the City; WHEREAS, the legal description of that portion of Via Las Colinas is set forth in Exhibit B, attached hemto; WItEREAS, that portion of Via Las Colinas has been constructed to City standards and the associated warranty and maintenance periods have expired; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City of Temecula accepts the offer of dedication of that portion of Via Las Colinas. SECTION 2. That the portion of Via Las Colinas is accepted into the City maintained street system. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this .. of ,1991. ATTEST: Ronald I. Parks, Mayor ]une S. Greek, City Clerk 5ireso218 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. __ was duly adopted at a regular meeting of the City Council of the City of Temecula on the day of. ,1991, by the following roll call vote. COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk E X H I,tS_I3' EXHiBiT "B" That parcel of land within the City of Temecula, County of Riverside, State of California, described as follows: Lot C in Parcel Map No. 13466, as recorded in Book 26 of Parcel Maps, at pages 68 and 69, in the office of the County Recorder, County of Riverside (Portion of Via Las Colinas) EXHIBIT 'B" pwol\egdrpt~1112\colinas 110491 ITEM NO. 24 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~' TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: BACKGROUND: CITY OF TEMECULA AGENDA REPORT City Council City Manager December 10, 1991 Item No. 24 - Status Report on French Valley Airport City Clerk June S. Greek Review, receive and file report The staff will finalize the staff report on this item and forward it to you under separate cover. JSG TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD NOVEMBER 26, 1991 A regular meeting of the Temecula Community Services District was called to order at 8:11 PRESENT: 4 DIRECTORS: ABSENT: 1 DIRECTORS: PM. Birdsall, Lindemans, Moore, Mu~oz Parks Also present were City Manager David F. Dixon, Assistant City Manager Mark Ochenduszko, City Attorney Scott F. Field and Recording Secretary Susan W. Jones. PUBLIC COMMENTS John Dedovesch, 39450 Long Ridge Drive, addressed the Board of Director regarding the lack of parks on the North side of town and requested that funds not be expended to expand the Sports Park. Shawn Nelson, Director of Community Services, stated that staff is now exploring possible acquisition of land in the immediate vicinity of the Winchester Collection homes. CSD BUSINESS 1. Minutes It was moved by Director Birdsall, seconded by Director Lindemans to approve the minutes of the meeting of November 12, 1991 as mailed. The motion was carried by the following vote: AYES: 4 DIRECTORS: Birdsall, Lindemans, Moore, Mu~ioz NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Parks Hearing no objection, President Muf~oz reordered the agenda to hear Item No. 3, to accommodate citizens waiting to hear this item. 3. Comprehensive Overview of Goals for Youth and Teen Proarams Shawn Nelson, Director of Community Services, presented the staff report. Catherine Arriola, 29830 Corte Castille, suggested that the "Big Sister and Big Brother Program", be instituted in the Teen Programs. She volunteered to research this matter and volunteer in any way needed. She also suggested that a teen confidential phone 4/Minutes/081391 CSD Minutes November 26, 1991 line be installed, with volunteers trained by Family Counselors. She suggested that the community be inundated with public service announcements advertising the teen center. It was moved by Director Lindemans, seconded by Director Moore to approve the Youth/Teen Multi-Point Action Plan to address the current recreation needs of youth ages 7 through 18, and to approve an additional position of Recreation Coordinator. The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 1 DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz None Parks Discussion of Lease of ProDarty for use as Temporary Senior Center end for Youth Proorams Director Lindemans announced that work is being done on a Senior Center and if everything goes well, it may be open before Christmas. Combinino Balance Sheet and Statement of Revenues and Exoenditures and Chanoes in Fund Balance for Period Endina SePtember 30.1991 It was moved by Director Lindemans, seconded by Director Birdsall to receive and file report. The motion was carried by the following vote: AYES: 4 DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz NOES: 0 DIRECTORS: None ABSENT: I DIRECTORS: Parks GENERAL MANAGER'$ REPORT None given. COMMUNITY SERVICES DIRECTOR REPORT Shawn Nelson reported that the second community workshop on the Parks and Recreation Master Plan, is schedule for Thursday, December 5, 1991 at 7:00 PM at Vail Elementary School, and encouraged interested citizens to attend. 4/Minutes/081391 -2- 12/02/91 CSD Minutes November 26.1991 CITY ATTORNEY REPORT None given. DIRECTORS REPORTS Director Lindemans requested that the teen dance club at the south end of town be placed on a future agenda for review. ADJOURNMENT It was moved by Director Moore, seconded by Director Lindemans to adjourn at 8:48 PM. The motion was unanimously carried. ATTEST: June S. Greek, TCSD Secretary J. Sal Mu~oz, President 4/MinuteslOB1391 -3- 12/O2/91 ITEM NO. 2 CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: General Manager DATE: December 10, 1991 SUBJECT: Cancellation of the Regular Community Services District Meeting of December 24, 1991 PREPARED BY: City Clerk/District Secretary June Greek RECOMMENDATION: That the Community Services District officially cancel the regularly scheduled meeting of December 24, 1991 and reschedule it to take place on December 17, 1991. DISCUSSION: Chapter 2.04 of the City's Municipal Code requires regular Community Services District meetings to be held on the second and fourth Tuesdays of each month. This year the fourth Tuesday falls on Christmas Eve. It is therefore recommended that the meeting be canceled by minute order and that the second meeting of the month be held on Tuesday, December 17, 1991. ITEM NO. 3 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors General Manager December 10, 1991 Election of President PREPARED BY: June S. Greek, City Clerk/District Secretary RECOMMENDATION: calendar year 1992. Conduct election of President to preside until the end of BACKGROUND: The Community Services District Board of Directors selects a member to serve as Mayor annually. This office is assumed at the first meeting of the Community Services District in January and the newly elected President presides through the calendar year of 1992. ITEM NO. 4 APPROVAL ~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors General Manager December 10, 1991 Election of Vice President PREPARED BY: June S. Greek, City Clerk/District Secretary RECOMMENDATION: Conduct election of Vice President to preside until the end of calendar year 1992, BACKGROUND: The Temecula Community Services District selects a member to serve as Vice President annually. This office is assumed at the first meeting of the City Council in January and the newly elected Vice President presides through the calendar year of 1992. TEMECULA REDEVELOPMENT AGENCY AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD NOVEMBER 12, 1991 A regular meeting of the Temecula Redevelopment Agency was called to order at 10:21 PM. PRESENT: 4 AGENCY MEMBERS: ABSENT: 1 AGENCY MEMBERS: Also present were Executive Director David F. Dixon, Birdsall, Lindemans, Mu~oz, Moore Parks Assistant City Manager Mark Ochenduszko, General Counsel Scott F. Field and Recording Secretary Susan W. Jones. PUBLIC COMMENTS None given. AGENCY BUSINESS 1. Minutes It was moved by Member Birdsall, seconded by Member Lindemans to approve the minutes of the meeting of November 12, 1991 as mailed. The motion was carried by the following vote: AYES: 4 MEMBERS: NOES: 0 MEMBERS: ABSENT: 1 MEMBERS: Birdsall, Lindemans, Mu~oz, Moore None Parks Combinina Balance Sheet and Statement of Revenues and Exoenditures and Chanaes in Fund Balance for Period Endina September 30, 1991 It was moved by Member Lindemans, seconded by Member Birdsall to receive and file report. The motion was carried by the following vote: AYES: 4 MEMBERS: NOES: 0 MEMBERS: ABSENT: 1 MEMBERS: Birdsall, Lindemans, Mu~oz, Moore None Parks 4\RDAM/N\II2691 -1- 12/02/91 Temecula Redevelopment Agency Minutes EXECUTIVE DIRECTOR'S REPORT None given. November 26, 1991 GENERAL COUNSEL'S REPORT None given. AGENCY MEMBERS REPORTS None given. ADJOURNMENT It was moved by Member Birdsall, seconded by Member Lindemans to adjourn at 10:24 PM to a meeting on December 1 O, 1991 at 7:00 PM at the Temporary Temecula Community Center. The motion was unanimously carried with Member Parks absent. Peg Moore, Chairperson ATTEST: June S. Greek, City Clerk/Agency Secretary 4\RDAMINXlI2691 -2- 12/02/91 ITEM NO. 2 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Redevelopment Agency Executive Director December 10, 1991 Cancellation of the Regular Temecula Redevelopment Agency Meeting of December 24, 1991 PREPARED BY: City Clerk/Redevelopment Agency Secretary June Greek RECOMMENDATION: That the Redevelopment Agency officially cancel the regularly scheduled meeting of December 24, 1991 and reschedule it to take place on December 17, 1991. DISCUSSION: Chapter 2.04 of the City's Municipal Code requires regular Redevelopment Agency meetings to be held on the second and fourth Tuesdays of each month. This year the fourth Tuesday falls on Christmas Eve. It is therefore recommended that the meeting be canceled by minute order and that the second meeting of the month be held on Tuesday, December 17, 1991. ITEM NO. 3 APPROVAL R~ CITY ATTORNEY TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: calendar year 1992. BACKGROUND: Chairperson annually. CITY OF TEMECULA AGENDA REPORT Redevelopment Agency Executive Director December 10, 1991 Election of Chairperson June S. Greek, City Clerk/Redevelopment Agency Secretary Conduct election of Chairperson to preside until the end of Redevelopment Agency in January and the newly elected through the calendar year of 1992. The Redevelopment Agency selects a member to serve as This office is assumed at the first meeting of the Chairperson presides ITEM NO. 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT Redevelopment Agency Executive Director December 10, 1991 Election of Vice Chairperson PREPARED BY: June S. Greek, City Clerk/Redevelopment Agency Secretary RECOMMENDATION: ConductelectionofViceChairpersontopresideuntiltheend of calendar year 1992. BACKGROUND: The Temecula Redevelopment Agency selects a member to serve as Vice Chairperson annually. This office is assumed at the first meeting of the City Council in January and the newly elected Vice Chairperson presides through the calendar year of 1992.