HomeMy WebLinkAbout050990 PC Workshop AgendaPLANNING COMMISSION WORKSHOP
Temecula City Hall
Wednesday, May 9, 1990
7:00 p.m.
Call to Order ...................... ~ ........... City Manager
Designate Meeting Chairperson .................. City Manager
Responsibilities of Planning Commissioners ..... City Manager
Status of County/City Transition ..................... Gellet
OverView of Planning Materials Provided
A. California Environmental Quality Act (CEQA) ...... Reed
B. Planning & Zoning Laws ............................ Reed
C. Ordinance 460 - Subdivision Map Act & County .... Serlet
D. Ordinance 348 - Zoning Ordinance .................. Reed
Development Processing in the City of Temecula ....... Geller
0
George Deukmejian, Governor
THE
PLANN/NG
COMMISSIONER'S
BOOK
Governor's Office of Planning and Research
Robert P. Martinez, Director, Office of Planning and Research
Robin E. Wright, Deputy Director, Office of Locai Government Affairs
Robert Cervantes, Chief, Planning Division
Antero Rivasplata, Author and Principal Planner
Office of Local Government Affairs
1400 Tenth Street, Room 250
Sacramento, CA 95814
(916) 445-4831
March 1989
TABLE OF CONTENTS
Introduction
I. The Planning Commission 2
Ft. The Legal Side of Planning
rrl. A Short Primer on State Planning Law
A. The General Plan
B. Zoning
C. Subdivisions ~ 1
D. The California Environmental Quality Act
E. The Permit Streamlining Act 14
F. Annexation and Incorporation 14
W. Glossary of Common Planning Terms
V. For Further Reference I 9
12
Lnt oducfion
The Planning
Commissioner's Book
The Planning Commissloner's 1look
W'elcome to the wonderful world of pining. ff
you are a new planning commissioner, you un-
dnubtedly have lots of questions about the job.
There's plenty to learn and this publication was prepared to
help you get started.
Traditionally, the planning commission is made up of
members of the public at large with little or no formal
waining in planning. They come to the commission with a
public-spirited enthusiasm for community planning and a
concern for the future of their community. Planning corn-
mission sen, ice often means late hours, linle or no pay, and
enough arguments to last a lifelime. S till, most commission-
ers wouldn't miss the experience for the world.
The Office of Planning and Research (OPR) receives nu-
memos requests from local governments for instructional
materials that can be used by planning commissioners to fa-
miliarize themselves with their jobs. We have written this
book to meet that need. The Planning Commlasioner's
Book is designed to be both a training tool and a ready
rderence. It does not, however, cover everything that a
commissioner must know. For one thing, there is a lot that
can only be learned through experience. Instead, it focuses
on the basics. For more detailed information about the
subjects that are introduced here, please see the references
listed in the back or ask your planning staff.
The Planning Con'unissioner's Book
Part One
The Planning Commission
Four Basic Questions'. ':':."' '.
I. What is the planning commission? Itis apenna-
nent committee of 5 or more citizens who have been ap-
pointed by the city council (or the mayor in some cities) or
county board of supervisors to review matters related to
planning and development A commission holds public
hearings on a regular schedule (in some jurisdictions, as
often as once a week) to consider land use matters. These
include such things as the local general plan, rezonings, use
permits, andsubdivisions. Commissinners serveatthepleas-
ure of the council or supervisors, so commission member-
ship changes in response to changes in those bodies.
The commission is the city council's or county board of
supervisors' advisor on land use planning. The council or
board may choose to follow the recommendations of the
commission or noL Accordingly, they may reverse or mod-
ify commission actions or send proposals back to the com-
mission for further review. In addition, commission deci-
sions are subject to appeal to the council or board. The
council and board have the f'mal say in all city and county
matters, respectively.
Because the commission focuses on planning issues, itis
~x valuable intermediaxy between the public and the city
council or ooanty board of supends~xs. When matters run
smoothly, the commission has a low profile. However, when
there is a controversy, it is there, in the thick of things, doing
its best to son through the facts and make a good decision.
2. Why have a planning commission? The idea of
appointing a group of laymen to make decisions and recom-
mendations about land use planning originated at the turn of
the century. Government reformers, seeking to mice local
government out of the hands of party "machines", reorgan-
ized administrative procedures in an attempt to reduce
political influence on decisions. One solution was to create
a planning commission, made up of appointed citizens, that
would be responsible for setting the community's develop-
ment direction.
California hw does not require each city and county to
have a planning commission. Nonetheless, almost all do. In
those jurisdictions that don't, Kern County for example, the
city councfi or county supentiso~ considers planning mat-
ten direcdy. On the other hand, some jurisdictions, such as
Sacramento County, think that planning commissions are so
useful they have two.
3. How does it relate to the planning department?
The city or c oun ty planning dapa'tment is the corn mission's
research staff. The planners can advise the commission on
the general plan, specific plans, zoning ordinance, subdivi-
sion ordinance and other land use regulalions. In addition,
they provide background information and recommendations
on the proposals that are under the commission' s consideru-
tion, answer technical questions, and make sure that meet-
ings have been properly advertised in advance. A planning
department staff member will always be in aliendance at
commission meetings. Other attendees may include repre-
sentatives of the city attorney' s or county counsel's office
and of the public works department.
4. What does it do? Cities and counties "plan" in order
to identify important community issues (such as the direc-
tion of growth, housing needs, and environmental protnc-
tion), project future demand for services (sowen, roads, fire
protection, etc.), address potential problems (such as over-
loaded sewers or crowded roads), and establish goals and
policies for directing and managing future development.
The city counc~ or county supervisors may assign any or
all of the following tasks to its planning commission (Gov-
ernment Code sections 65103, 65401, 65402):
1. assist in writing the general plan and community or
specific plans and hold public hearings on such plans;
2. hold hearings and act upon proposed amendments to the
general plan and community or specific plans;
3. hold hearings and act upon proposed changes to the
zoning ordinance and zoning maps;
4. hold hearings and act on tentative subdivision maps;
5. annually review the jurisdiction 's capital improvement
program and the public works projects of other local
agencies for consistency with the general plan;
6. promote public interest in the general plan;
7. consult with and advise public officials and agencies,
utilities, organizations and citizens regarding implem-
entation of the general plan;
8. coordinate local piems and programs with those of other
public agencies;
9. report to the legislative body on the conformity of
proposed public land acquisition or disposal with the
adopted general plan; and,
10. undertz~ke special planning studies as needed.
2
The Planning Commissioner's Book
Commissioners can learn about their commission's par-
ticalar responsibilities by asking the planning deparunent
and referring to their local zoning and subdivision ordi-
Meetings'
The planning commission holds meetings - lots of them,
State law requires public hearings befc~ planning actions
are taken. At its regularly scheduled hearings, the planning
commission weighs planning pwl~sals in light of state and
local regulations and potential environmental effects and
listens to testimony from interested parties. If necessary, the
commission may continue a hearing to a later time to allow
more information to be gathered or to take additional testi-
mony. The commission usually considers several items at
each hearing; considering each proposal separately and
tnldng action before moving on to the next item on the
agenda.
Depending upon local ordinance provisions, the com-
mission' s decision on a project may be: (I) referred to the
city co uncil or board of supervisors as a recommendation for
action (this is common for general plan amendments and
rezonings); or (2) considered a fmal action unless appealed
to the council or board (this is common for subdivisions,
variances, and use permits). The council or board will hold
a noticed public hearing on the projects referred to it by the
commission (or received on appeal).
Pu~uant to the Ralph M. Brown Act (Government Code
section 54950), all meetings, including study sessions and
workshops, mast be open and public. This means flint a
quorum of commissioners can only discuss commission
business in a public meeting. Furthermore, meeting agendas
must be posted at least 72 hours in advance and topics am
limited to those on the agenda. For more information on the
Brown Act see the California Department of Justice's
publication Open Meeting Laws or CahTornia Land Use
and Planning Law, by Daniel J. Curfin, Jr.
Notice· "'" '" :' '
In counties and general law cities, the planning commis-
sion must publish advance notice of general plan, specific
plan, zone change, conditional use penniL variance, and
subdivision public hearings in a newspaper of general cireu-
lation. Notice of proposed general plan and specific plan
adoption or amendment must be mailed directly to the
involved property owners. When a zone change, conditional
use permit, variance or subdivision is involved, notice must
also be mailed to the ownen of property within 300 feet of
the project boundaries. Charter cities may adopt different
notilication procedures than the above.
The commission chairperson is responsible for maldng
sure ~'mt meetings proceed in a fashion conducive to rational
decisionmaking. The chair must be familiar with the com-
mission 's procedures and with the agenda items to be dis-
cussed at each meeting. The chairperson sets the tone of the
hearing, keeps the discussion on track, encotwages fairness,
moderates and contributes to discussions, and helps direct
testimony to the issues at hand. The chairperson will usuall y:
1. Open the meeting.
a. Explain why the meeting is being held.
b. Review the agenda and note any changes t~ereto.
c. Review the procedures, roles and lime limits to be
in effect.
2. Moderate discussion.
a. Describe, or ask staff to describe, the item to be
b. Ask that speakers identify themselves and take
Un'ns when giving testimony.
c. Ask speakers to limit themselves to new testimony.
d. Ask that commission members wait to be recog-
nized prior to speaking.
e. Intervene when necessary to prevent more than one
speaker from talking at one time.
f. Ask staff for information or clarification, as
necessary.
g. Intervene when speakers ramble or get away from
the issues.
h. Close the meeting to testimony prior to dellbern-
tions.
3. Lead deliberations.
a. Summarize the issues.
b. Ask for input from the commission as a whole.
c. Ask for more information from staff if necessary.
d. When commissioners disagree, assist them in
expressing their various concerns.
e. When a motion is proposed, make sure that it is
stated andersmndably and in full before a vote is
taken.
f. Encourage the commissioners to make timely deci-
sions.
g. Make sure that findings are adopted when required.
An Important Lesson -
· "Be Prepared~
Prior to every hearing, each of the commissioners should
have reviewed the items on the meeting agenda. This means
reading the staff report and environmental assessment docu-
ment, lnoldng at the general plan and zoning ordinance
3
The Plannlng Commissioner's Book
Development· Proiect Flow. Chart·
Pro'ect is Exempt
~om CEQA
Project Appiicatjon Submitted i' ·
':.: ':' · II T' ' ' . I Appli~ors Incomplem
City/County Staff · ' ' T .::
...
· .. "' "' , · . . Addill ai Information
.... ~ Required
· '.Ipp..=Cemp...I
· -- Project Review
· ' ~ ': .' .. .. . .'."' , ...: ' . . ' . .. .
..." .'.........':'. "~.:..' .'..~' :.'."
fonvarded to j ;
Commission
Decision
AppeaJed
or EIR Requ,red
t'
't
ND or EiR Completed
Council/Board
Public Hearing
Nots: Local procedures may vary.
Negative Declaration and EIR
documents vary in processing
time,
sections pertinent to ~e particular project, and asking ques-
tions of ~e planning staff when necessary.
At the hearing, commissioners should be able to both ask
and answer question s about the project, its relation s hip to the
general plan and to the zoning or subdivision ordinances,
and its potential impacts on the community. If legal ques-
tions arise, don't be afraid to ask the city attorney or county
counsel for his/her opinion. Don't take legal advice from
anyone but the city's or county's own lawyer.
Recipe for an Effective:
Planning Commission
Effective planning commissions share certain qualities.
These include:
1. Ability tO fOcuS on the subject under considera-
tion. Focusing means not being disractcd by personali-
ties, groups or issues that do not have anything to do with
the agenda item being discussed.
4
The Planning Couunissioner's Book
2. A clear view of the hi g picture. A good commission
has the aggregate ability to identify the main points of an
issue end to concentrate on addressing those. Keeping
tl~ big picture in mind is important so that the commis-
sion doesn't bog down in excessive attention to minor
detail.
3. Established rules for conducting meetings. These
needn't be as formal as Robert' s Rules of Order, but they
should define the responsibilities of ~e chairperson, the
other commissioners, and the staff. They should also
establish the rules for testimony, such as the length of
time avaihble, speaker identification, eto.
4. Effective leadership. An effective chairperson assists
the flow of ideas and helps keep the proceedings on rack.
5, Informed commissioners. Prior to the heating, com-
missioners should have read the staff reports, reviewed
the pertinent sections of the general plan, zoning ordi-
nance or other codes, and looked through the environ-
mental assessment pertinent to each agenda item.
6. Attention to legal requirements. A commissioner
must keep basic legal requirements in mind. Among
them: Is the proposal consistent with the general plan?
Does it meet all applicable zoning or subdivision ordi-
nance requirements? Are the environmental impacts of
the project, if any, being reduced or eliminated by the
conditions of approval? Is the commission's decision
supported by findings of fact based on substantial evi-
dence in the record? When in doubt, ask the city attorney
or county counsel for their advice.
7. An open flow of Ideas. The chairperson and the other
commissioners shere responsibility for see'rag that there
is a continuing flow of ideas and discussion among ul~
parties, including applicants, staff, members of the pub-
tic, and the commissionen themselves. Be objective and
ask questions.
8. A sense of pace. The chair should be able to recognize
that point in time at which testimony mast be closed off
so the commission can deliberate. Commissioners should
hold their motions until the discussion has reached its
conclusion. Both the chaix and the other commissioners
should know whether to continue a hearing or to make a
decision.
The Commissioner's
· "Survival Kit"
Commissioners should bring the following to every
meeting:
· The meeting agenda.
· - Staff reports and environmental documents for
each of the projects to be considered.
· A copy 0fthe general plan.
· A copy of the zoning ordinance.
· If subdivisions are to be considered, a copy of
the. subdivision ordinance.
· A pad of paper and pencils.
5
The Planning Commissioner's Book
Part Two
The Legal Side of Planning
Countlessvolumeshavebeenwrittonaboutthelegul
bas is for planning and all the court decisions on the
subject. This paper is too brief to go into more than
just the bare outline of some of planning's legal side.
Commissioners should rely upon the city attorney or county
counsel for detailed legal opinions. In addition, several
books in the reference section of this publication have good
discussions of planning law.
The Police Power
Planning and the regulation of land use are based upon
local guvemment's "police power". The courts have held
that the police power may be used to regulate a wide and
expanding variety of activities as long as it is exercised in a
manner that is reasonably reinted to the protection of the
public's health, safety, and welfare, is not proempied by
federal or state law, and is within the framework of state
statute. Community planning, zoning laws, subdivision
regulations, rent controls, sign controls, community growth
management regulations, and dedications of private land as
a condition of development approval are some examples of
the police power at work. Constitutional guarantees of equal
protection, free speech, due process, and just compensation
for the taking of private property define the boundaries of the
police power. An illegal "taking" may occur as a result of
either the public's acquisition of private property without
just compensation or of excessively reswictive land use
regulations that deprive a property owner of all uses of his/
her land.
Findings
Planning commission decisions mast be based on a
rational decision-making process. Often, the commission
must adopt vailten "findings" explaining the factual reasons
for its decision. A finding is a statement of fact relating the
information that the commission has considered to the
decision that it has made. If a decision is challenged in court,
the frodin gs will be used to u'aee the commission' sreas onin g
and to determine whether its action was legally justified.
Findings must be supported by evidence in the hearing
record (i.e., testimony, reports, environmental documents,
etc.) and should not contain unsupported statements. Com-
plete findings should be included in the commission's reso-
lution of approval or denial. Keep in mind that findings will
not rescue a decision ff the commission has failed to follow
the othe~ procedures required by law.
[ Some actions· requiring
findings:
· * ZOne change - finding of consiStency with the.
general plan and any specif~ plans.
· Siibdlvlslon'- finding of consiS~ncy With the.
·: .. general plan and any specific plans; findings
supporting approval/denial per state and local
.. codes; .. . ... .......
~ Specific plan adoption or amendment -'
· finding'of consistency with the general plan.
· Conditlonal use permit - locally required
findings (if any), findings sopponing approval
and conditions..
· Variance - specific findings required by state
statute.
· Design review approval - locally required
findings (ff any), findings Supporting approval
· .and conditions,
· General plan amendment limiting the
number of newly constructed dwellings -
· speci~cfmdings. requimd by state statute,
· ,. Adoption of a local Ordinance atfectlng
regional houslng needs - specific findings
raluimd by state statute..
· Approval of a housing proiect when
density Is lowerthan that which was
allowc~l when application was accepted -
specific findings required by state statute,
· . PrOjects Involving:an FIR -findings of overrid-
ing consideration, findings of significant effec L
For a'compl~re list, see OPR's publicazion, Bridglng the
Gap.
6
Pare Three
A Short Primer on
State Planning Law
The Planning Commissioner's Book
The state delegates most local land use and develop-
ment decisions m ~ cities and counties. State hw
recluins that each of the 452 incorporated cities and
58 counties adopt "a comprehensive, long-term general plan
for [its] physical development," This general plan lays the
g~oundwork for commumty d~cisions that will affect the
funam location of housing, business, industry, roads,
and other land uses, protect the public from noise and other
environmental bnTnrds, and conserve mural resources. Each
city council and county beard of supervisors, upon recom-
mendation of their planning commission, caries out its
general plan ffLrough its zoning, subdivision and other ordi-
There is no requirement that adjoining cities or counties
have identical, or even similar, plans and ordinances. Each
city and each county adopts its own general plan and devel-
opment regulations. In nan, each is solely responsible for the
planning decisions made within its jurisdiction.
· The General Plan and Zoning
""Are Not the Same
i A general plan is a set of long-term g~Is and
policies that the community uses to guide development
decisions. Althoughtheplanesmblishesstandardsfor.
'population density~buildingintensity, andthe djstribu-
tion of land uses, it does not direcdy regulate land use.
· . Zoning, on the other hand, is regulatory: Under th6
zoning~dinance, development mustcomply with spe-
ciFtc. enforoeabl6. standards such as minimum lot size,
{. .maximum bniIding height, minimum buiIdingsetback,
and a list of allowable uses. Zoning applies lot-by-lot,
whereas the general plan has a community-wide per-
· spe~tive..
· Putanotherway,[hegeneralplanisablueptintand
' zoning is a. tonl for maidrig it a reality. The plan is the
· '. basis for programs such as the zoning and subdivision
· ordinances. In turn, zoning is a means of putting into
· · action the plan's long term goals.
A. THE GENERAL PLAN
The general plan is a community's blueprint for future
developmen t` It describes a community's development goals
and policies. It also forms the basis for land use decisions
made by the planning commission and city council or board
of supervisors.
Contents :.
A general plan consists of at least two parts. Them is a
written text describing the commtmity's goals, objectives,
and policies toward development, There is also a map (or
maps) and diagrams ~usU-ating the generalized distribution
of land uses, the major road system, seismic and environ-
mental haTard areas, the open space system, and other policy
statements that can be iliuswated.
The general plan must contain at least seven components
(called "elemen Is") addressing a set of basic planning issues
(see Government Code section 65302). Each city end county
determines the relative importance of these issues to their
local circumstances and decides how they are to be discussed
in the local general plan. Jurisdictions may also adopt
additional elements, at their option, covering subjects of
local laterest such as recreation, community dasigu, or
public facilities. See the GeneralPlan Guidelines published
by OPR for detailed information on plan contents.
State law does not requh'e that a general plan have seven
distinct elements. It is quite common for a general plan to
have only ttuee or four "super-elements" which combine the
essences of the seven elements. Along tilts same line, there
is no requirement for the number of maps and diagrams that
must be adopted as part of the plan. Each local government
decides the specific format and organization of its general
plan. Element Consolidation, by the Office of Planning and
Research, gives examples of how elements may be merged
and streamlined.
Although general plans are not required to follow a
standard format, many contain similar features. Some of the
things to look for in the w~len portion of yoor local plan are
goals (abslract and general expressions of community val-
ues), objectives (specific intermediate steps in attaining a
7
The Planning Conunissioner's Book
~ The Seven Required El'ements:
· Land use element:' designates ~c general loca,
· tioo and intensity of housing, business; ~ndustry, open .
'. spOco, public buildings and gxounds, waste' disposal.
facilities, and offier land uses.. · ' .' ' :
', Circulation element: 'identifies ~c general loca,
... ~on and.extent of existing and proposed majorrOadS.
· transportation mutes, terminals; and public ur.~iri~s'
and facilities. IL'must correlate with' the' land use
clcmcut. ' ' ' ·
· - HoUsing element: assessesCurrCntand Foj~md.
housing needs for all economic segments of the com-
munityandmgion. Itidentifieslocalhousingpolicies
and. the programs that .implement those policies..
· Conservation element: addr~ses theconser~a-
lion, development~ and' Useof Wn,ml resources in-.
eluding water, forests~.sOils~ riyers, and m~neml
· OpenLspace eiement: detsil~ plans ana maus-
Ures for preserving open-spa~ for natural rasouEe.%
the m artaged production of resources, outdoor recrea-
lion, public health and safety, and the identification Of
agricultural land
· Noise element:. identifies'and appraises noise
problems within the communityand forms the basis
for distributing land uses. · .:
· Safety element: estabiLshes policies to protectthe
community from seismic, gcologic,.flood, and wild-
fire b-~7~rdS, . ·
goal), policies (specific sm~ments that guide decision
making), and implementation programs (descriptions of
how the goals, objectives, and policies are to be put into
action). Many plans also contain background information
about the community, such as pop,, lotion projections, txaff'lc
levels, seLsmic hazards, community history, and housing
characteristics. Appendices to general plans often contain
techniCaJ stories of sei.~nic h~Tnrds, hoasiug sur~eys, and
traffic studies and forecasts.
General plans use maps and diagrams to identify the
locations of proposed and existing land uses, flood hazurd
axeas, open space lands, roads, and other features. The maps
and diagraurs must work together with the written portions
of the plan to establish a cie~ view of the commtmity's
Consistency· .
The general plan is important because it is the basis for
many local land use decisions. Zoning (except in most
chamr cities), subdivisions, and public works can only be
al.,lauved when they are consistent with the general plan. An
action, program or project is consistent with the general plan
if, cons'~ring all its aspects, it will further the goals,
objectives and policies of the plan and not obstruct their
an-lament.
Not only must governmental actions be consistent with
the general plan, the plan itself must be in ternally c oasistent.
Each pan of the general plan, be it a goal, policy or map/
diagram,mustmesh with all ofthe otherparts ofthe plan. For
instance, the land use element must not contain statements or
assertions that conflict with the housing elemenLS imilurly,
the maps and diagxam s adopted as pan of the plan must agree
with one another. For example, the location of a major
highway on the land use element diagram must match its
location on the circ,hrion element diagram as well.
Approving' and Amending
the Plan
The process of adopting or amending a general plan
encourages public participation. Cities and counties must
hold public hearings for such proposals. Advance notice of
the place and thne of the headng must be published in the
newspaper (when there is no paper, notice must be posted in
the vicinity of the project site) and also mailed direc~y to the
involved v, upeny ownen. Copies of the adopted or amended
plans must be available for public purchase within two days
of a fmni decision.
Each of the general plan's seven required elements can
be amended only four times per calendar year. More than
one change may be considered at each of these four oppor-
tunities. Optional elements, on the other hand, c an be amended
at any time.
The planning commission and the city council or county
board of supervisors must each hold at least one public
hearing prior to approving or amending the plan. The com-
mission will hold its hearing fast and make specific recom-
mendations to the council or board. A recommendation for
approval must be made by a majority of the total member-
ship of the commission. The council or board takes final
action on the proposals at their hearing. Approvals must be
made by a majority of the total mere bership of the council or
board. If they make substantial changes to any planning
commission recommendations, those items must be sent
back to the commission for further study and recommenda-
tions before a final decision is made.
8
· Amendment· Considerations:.
·. ..... · ............... ..... . .: .:.
· Th6 general plan shouldn't be mended casually. In
fact; state law requires that amendments' only be
· "made When "m the public interest." Commissioners
· should be'able. to answer all the following questions
'affu'matively .when appx 0vine an amendmeaL
· ' L' Is the. amendment m ~he public interest (Le., it
· advancescommunity goals, desoribes'acommu-
·'nity interest, etc.)? · · .... '
2. Is the amendment consistent wiih all other parts of
~he general plan (Ln other'Words; it doesn't con-
flict with any. of the' goals, objecti~/es, policies
.' .. niaps oi.diagrams contained in any ofthe:general
· '. plan's other elements)?: .......
· .. : . .'::.:".:..:.... ': .....:.....'.":.~':.'..':.':..!.:' ..~.. .
".3 L If:me 'ameadlli~nt creates d ,,iippie effect:" neces-
· . sitatin g other changes to the plan, are thos~ related '
Changes beingc0nsidered at the same time?'
4. Will the amendment neceSSitate changes in zoning
0r other:ordinances and are those changes to be
considexed within a reasonable time?
, . 2.. 2... . . .: ....: ......
The Planning Conunissioner's Book
Community· Plans
"Community plans" focus planning efforts on a smaller
area or neighborhood. A community plan is pan of the local
general plan. It addresses issues portment to a partic ular area
or community within the city or county and supplements the
policies of the general plan. Accordingly, it must be consis-
tent with the general plan in all respects.
· Specific ·Plans
A "specific plan" implements, but is not technically a part of,
the local general plan. Specific plans describe allowable
land uses, identify open space, and detail infrastructure
availability and financing for a portion of the community. in
some jurisdictions, specific plans also take the place of
zoning. A specific plan mast be consistent with the geneni
plan. In ram, zoning, subdivision, and public works deci-
sioas must comply with the provisions of the specific plan.
For a detailed discussion of specLf~c plans and their conten ts,
see OPR' s Specifiic PZ, ns in ~ GeMoff State.
B. ZONING
The zoning ordinance regulates l~d uses within the
community. It assigns each piece of property to a "zone"
which describes the rules under which that land may be ased.
These classifications, such as "R-l" for single-family resi-
dences or "C- 1, for comme=c ial uses, cover in specific terms
the range of uses that is discussed broadly in the general plan.
A typical zoning ordinance may describe 10 or more
zone classifications. Each of these zones identifies allow-
able uses and sets standards such as rainimam lot size,
maximam building height, and minimum front yard depth.
In most local ordinances, development of allowable uses
does not require a public hearing. Increasingly, however,
communities are requiring a public review of the project's
design before a building permit is issued.
The distribution of residential, commercial, industrial,
and other zones must be based on the pattern of land uses
established by the community' s general plan. Zoning maps
illustrate how zones have been distributed.
Zoning is adopted by ordinance and carries the weight of
local law. Land may be put only to those uses listed in the
zone assigned to R. For example, if a commercial zone does
not allow 5-story office buildings, then no such building
could be built on land which has been assigned that zone.
In many communities, the planning commission is not
the only body responsible for making zoning decisions. A
board of zoning adjusunent or a zoning administrator may be
appointed to consider use permit and variance requests.
Building design may be subject to ayp, uval by a design
review or architectural review board. Public notice of
zoning hearings must be given at least 10 days before the
hearing by advertisement in a newspaper of general circnia-
lion and by direct mailing to the ownen of property located
within 300 feet of the proposal's boundaries.
'.Rezoning.'
If a landowner proposes a use that is not allowed in that
zone, then hashe must obtain a change of zone if that use is
to occur. The local planning commission and the city council
or county board of supervisors must hold public hearings,
before property may be rezoned. The council or board is not
obligated to appxuve requests for rezoning and, except in
charter cities, mast deny such requests when the proposed
zone conflicts with the general plan. Typically, zoning
ordinances also provide for limited waivers to zomng regn-
lations (variances), subject to a public hearing.
The Planning Conunissioner's Book
Considerations
Commissioners should be able ~0 answur the fol-
lowing question& afru'matively when appr0ving a
rezoning,
I. Is theproposed Zone consisumt with all component
pa_nsofthegenerslplan(inchding~extandmaps)?
2. Isthe proposedzone and Rs allowable uses compat-
ible with existing and planned uses in the area?
3, If significant environmental dfects have been
identified as a result of the proposed rezoding, are
actions being required or programs initiated to
mitigate those effects?
4. If 'the .propOsal is pan: of a larger project, has the.
entire project been addressed in the environmental
analysis?. ....
Prezoning
Cities can "prezone" hnds outside their corporate limits
in the same way that they approve zoning. Irezoning is done
before a city formally annexes a site in order to facilitate its
wansifion into the city. Irezoning does not affect allowable
uses, it is just a way for the city to show how the land will be
zoned once itis annexed. County zoningregul~ons remain
in effect until annexation is actually completed.
Variances . · ·
A variance is a limited waiver of development s tanclarets.
It may be granted, after a public heating, in special cases
where: ( 1 ) suict application of the zoning regulations would
deprive property of the uses enjoyed by nearby lands in the
same zone; and (2) restrictions have been imposed to ensure
that the variance will not be a grant of special privilege, A
variance must not be granted if it would permit a tkse thatis
not othenvise allowed in that zone (for example, a commer-
cial use may not be approved in a residential zone by
variance). In addition, economic hardship alone is not suffi-
cient justification for approval of a variance.
Typically, variances ate considered when the physical
characteristics of the property make it difficult to use. For
instance, in a situation where the rear half of a lot is a steep
slope, a variance might be approved to allow a house to be
built closer to the street than usually allowed.
Variance Considerations·
Commissioners should be able m answer the follow-
ing questions affirmatively when approving a pro-
· posed variance.
1, Axe there special circumstances applicable to the
'lxoposul site (such us size, shape, topography, lo-
Cation or surroundings) whereby su'ict application
:. of {fie. zoning ordinance would depriv~ i t Of privi-
leges enjoyed by nearby properties with the same
· ' 'zoning? Identify them specifically.
2. Do. the proposed conditions ensure that the ap-
.... proval'wiLlnot.t~eagrant'ofspeciaiprivilege?
3, .Is the use for Which the variance is being granted
· ~ a~ready allowed in that zone? (A variance cannot
bee approved if th~ use isn't already allowed.)
:' ~;, Ai'eZate proposed conditions reasonably related to
· the use proposed by the variance?
Conditional Use Permits (CUPs)
Some types of land uses are only allowed upon approval
of a conditional use penn it (also called a CUP or special use
permit) after a public hearing. These uses might include
community facilities (i.e., hospitals or schools), public build-
ings or grounds (i.e., firc stadons or parkS), temporary or
hard-to-clussify uses (i.e., Christmas tree sales), or uses with
potentially significant environmental impacts (i.e., b87nrd-
Ous chemical storage or surface mining). The local zoning
ordinance specifies the uses for which a conditional use
permit is required, the zones they may be allowed in, and the
public hearing procedure. When allowing a project, the CUP
will impose special development requirements to insure that
the use will not be dewimental to its surroundings. Requite-
merits might include such things as additional landscaping,
soundproofrag, limited horus of operation, additional park-
ing, or road improvements. A CUP does not fezone the land.
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The Planning Commissioner's Book
Conditional Use Permit Considerations
Commissioners should be able to answer the following questions afftrmatively when approving a conditional use
1. Is the site approWiate for the proposed use?
2. Is the proposed use, as conditioned, compatible with its surroundings and with the uses of nearby lands?
3. Is the project design, as condidoned, suited to the site?
4. As conditioned, will adequate water (including tire flows), utilities, sewage disposal, drainage, roads,
protection, and other services be provided to the project?
5. If significant environmental effects have been identified as a result of the proposed CUP, have conditions been
required (or the project redesigned) to mitigate those effects?
C. SUBDIVISIONS
In general, land cannot be subdivided in California
without local government approval. Dividing land for sale,
lease or financing is regulated by local ordinances based on
the state Subdivision Map Act (commencing at Government
Code section 66410). The local general plan and the zoning,
subdivision, and other ordinances govern the design of the
subdivision, the size of iLs lots, and the types of improve-
ments that will be required as conditions of approval
Subdivision Types.'
There are basically two kinds of subdivision: pamel
maps, which are limited to divisions resulting in fewer than
5 lots (with certain exceptions), and final or watt map
subdivisions, which create 5 or more lots. Local ordinances
apply less suingent development standards to parcel maps
than to tract maps.
Processing
Tract maps and, where provided by local ordinance,
parcel maps are approved in two stages.
1. Consideration of a "tentative rnaO." Upon receiv-
ing an application for a tentative subdivision map, the city or
county staff will examine the design of the subdivision to
ensure that it meets the requirements of the general plan and
the subdivision ordinance. An environmental impact analy-
sis must be done and an advertised public hearing held
before a tentalive map is considered for approval. If ap-
proved, the map will be subject to conditions that the
subdivider must meet within a specific time period. At this
stage, while conditions remain to be met, no lots have been
officially approved.
2. Approval of the "final map." When all of the condi-
tions set out in the approved tentative map have been
satisfied, the city or county will approve a final map. Unlike
a tentative map, which can be denied if it does not meet city
or county standards, the final map must be approved (with
some exceptions) If it substantially complies with the previ-
ously approved tentative map.
Subdivision approval is conditioned upon the subdivider
providing public improvements such as streets, drainage
facilities, water supply or sewer lines to serve the subdivi-
sion. They may also be required to dedicate park land to the
community. These improvements must be installed or
cured by bond before the city or county will grant final map
app, uval and allow the subdivision to be recorded in the
county recorder' s office. Lots within the subdivision cannot
be sold and are not legal divisions of land until a final map
has been recorded. The subdivider has at least two years (and
with extensions, usually more) in which to comply with the
improvement requiroments, gain final administrative ap-
proval, and record the fmul map.
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The Planning Commissioner's Book
SubdivisionConsiderations ....... . .' "
Commissioners shouldbe able to answe~ the following questions affmaiv¢Iy when appmv~ng a sUbdivisiOn map.
1. Is the prOposed map consistent with tlie general plan and any applicable specific plans?
2.~sthepr~p~seddesign~impr~vement~ft~esubdi\~isi~nc~nsisten[withthegenem~p~anandanyapp~icab~speci~c
'.3..is/h~ Site physi~alIy suiteli to the proposed type and density ~fd~velopment?'.
4. is:the- design 0f'thc subdivision or type. of improvementS: unlikely toS canse serious public .health problems?
5..I3 the design.of the. subdivision.0r the proposed imli0vemenis unlikely ~ cause either:substantial environmental
damage or substlmtiully and aVoidably 'injm'~ fish or Wildlife or theii' habitat?
6. Haveadequate conditions been applied tO'the approval (or the project redesigned) t0 mitigate th~ environmental
effect~ identified in the environmental analysis done fOr.the prOject?:
7. 'Arc all dedical/ons and impact.fees reasouabIy mlar~ to the impacts resultingfrom the subdivision7
D. THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
The California Environmental Quality Act (commenc-
ing at Public Resources Cede section 21000) requires local
and state governments to consider the potential environ-
menial effects of a project before making a decision on it.
CEQA's purpose is to disclose the potential impacts of a
project, suggest methods to minimize those impacts, and
discuss project alternatives so that decision-maken will
have full information upon which to base fiaeir decision.
CEQA is a complex law and the following discussion is
extremely general. Refer to the California Env~ronn~ntal
~uality Act: The Guidelines or ask yoor planning staff for
specific information.
The role of the planning commission in the environ-
mental review process varies among jurisdictions depend-
ing upon local environmental review procexiures. In some
cities and counties, the commission conducts hearings on
draft envixonmental impact reports (note: CEQA does not
requize public hearings during the preparation of an environ-
mental impact report or negative declaration, however some
jurisdictions choose to hold them). In others, the commis-
sion has no active role.
Lead Agency'
The agency with the principal responsibility for issuing
permits to a project (or for carrying out the project) is called
the "lead agency." As such, it is responsible for determining
whether or not a project will significantly impact the envi-
ronment and, when necessary, for analyzing the project's
possible environmenial impacts (or cenrmc ling for this work
to be done under its direction). The planning deparunent is
us,~nHy lead agency in local planning m,~nns.
Analysis
Analyzing a proje~t's potential environmental effects is
a multi-step process. Many minor projects, such as single-
family homes, remodeling, and accessory su'uctores are
exempt from the CEQA requirements (for a complete list see
CalOrornia Environmental Quality Act: The Guidelines).
Exempt projects receive no environmental review.
When a project is subject to review, the lend agency
pitfalls all "initial study" to assess the potential adverse
environmental impacts. If the project will not cause a signi~-
cant impact on the environment or ff it has been redesigned
to eliminate any impacts, a "negative declaration" is wriuen.
If significant environmental effects are identified, then an
Environmental Impact Report CEIR) must be written before
the pxoject can be considered by decision makers. Upon
approval of a project for which a negative declaration is
adopted or an EIR cero~ed, the city or county must a/so
adept a monitoring program to ensure that the mitigation
measures will be completed as required
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The Planning Commissioner's Book
Negative Declaration
A negative declaration describes why a project will not
have a significant impact and may require ant the project
incorporate a number of "mitigation measures" U3 ensure
that them will be no significant impacts resulting fxom tim
project. A negative decla~on cannot be ~ when sigaifi-
cant impacts are not totally eliminated. Also, when a project
consists of s~veral parts, a negative de~laraton cannot
substitute for an EIR if the [oral project will caus~ environ-
mental impacts.
EIR
An EIR discusses the proposed project, its environ-
mental setling, its probable impacts, realistic means of
reducing or eliminating those impacts, its cumulative effects
in the context of other development, and realistic project
· :' .. . ... . ... .. .
. ' ..... : :..':.:''...'...
.. . ... :..
.... .:... . ~.. ..
Gonsi~m~on & AOomv~ ~ Gonsidem~on & Ge~tion
of NO by d~si~ma~rs ~. of F~I~ by ~isionmakem
.. . '... ".'.:. ...
· .' Note:
This chart illustrates
the three common
paths for project
processing. Process-
ing times and the level
of complexity of Nega;
tive Declarations and
EIRs are not the
Same,
13
The Planning Commissioner's Book
alternatives. CEQA requires thatNegative Declarations and
draft EIRs be made avalhble for review by the public and
other agencies prior to consideration of the project The
review period allows concerned citizens and agencies to
comment on the contents and adequacy of the environmental
document prior to its completion. The final EIR must incor-
perate written responses to the comments submit~t by
reviewers. When the city council or beard of supervisors
approves a project, it must certi~ the adequacy of the
Negative Declaration or EIR. ff its decision to approve a
project will result in unavoidable significant impacts, as
identified in the EIR, the city council or beard of supervisors
must state, in writing, its overriding reasons for granting the
approval.
Both negative declarations and EIRs are objective, infor-
mational documents. They neither approve nor deny a proj-
ect. Environmental analysis must be done as early as pos-
sible in the process of considering a project and must address
the entire projecL The CEQA Guidelines describes the
several different types of EIRs that may be prepared.
E. THE PERMIT STREAMLINING ACT
This law sets time limits for governmental action on
some types ofprejects (see Government Code section 65920).
Failure to act within those time limits can mean automatic
approval of a project. The act applies to discretionary proj-
ects (those which the local government has the power to
deny or conditionally approve) which an "adjudicative" in
nature. An adjudicative decision applies existing policies
and regulations to a particular situation. Use permits, subdi-
visions, and vaxiances are all actions subject to the Permit
Streamlining Act. The act does not apply to the adoption or
amendment of a general plan or of a zoning ordinance.
Generally speaking, local government must take action
on administrative projects within one-year of the date upon
which the project application was accepted as complete for
processing. This period is reduced to six-months if the
project requires a negative declaration or is exempt from
CEQA. A project may be automatically approval under the
act if the jurisdiction fails to m__a ke a decision within the me
limit and the developer takes certain actions to provide
public notice.
If you have questions abeut how the Permit Streamlining
Act applies to a particular project, check with your planning
staff or city attomey/county counsel.
E ANNEXATION AND INCORPORATION
The planning commission is not directly involved in the
approval of annexations nor in the city incorporation proc-
ess. However, these are subjects with which a planning
commissioner should be generally familiar.
Annexation (the addition of territcn'y to an existing city)
and incorporation (creation of a new city) are controlled by
the Local Agency Formation Commission (I_AFCO) estab-
lished in each county by the state. A LAFCO is made up of
elected officials from the county, cities, and, in some cases,
special districts. LAFCO duties include: establishing the
"spheres of influence" that designate the ultimate service
areas of cities and special dish'lets; studying and approving
requests for city annexations; and, studying and ap~noving
proposals for city incorporations. Fouowing is a very gen-
eral discussion of annexation and incorporation procedures.
For detailed information on this complex subject, contact
your county LAFCO.
posal. Annexations may be requested by affected landom-
en or by a city. In cases where the proposed annexation is
being initiated by a city, its planning commission may be
asked to study the proposal before a formal application is
fded with the LAFCO.
The LAFC O will deny, approve or condi lionally approve
annexation proposals based on its policies and state law (for
example, annexation cannot occur unless the LAFCO has
adopted a sphere of influence for the city and' the area
proposed to be annexed is within the city's sphere). The
LAFCO delegates tentatively approved annexation requests
to the affected city for hearings and, ffnecessary, an election.
Annexations which have been passed by vote of the inhabi-
tants or which have not been defeated by protest (in those
instances where no election was required) must be certified
by the LAFCO and meet all its conditions before they
become final. The LAFCO, not the city, has final responsi-
bility for the annexation process.
Annexation
When the LAFCO receives an annexation request, it will
convene a hearing to determine the worthiness of the pro-
14
The Planning Commissioner's Book
The Sphere of Influence
The sphere of in~uence is a plan for the probable ultim ate
physical boundaries and service area of a city or special
dis~icL The LAFCO is responsible for establishing a sphere
for each city and special dislxict in the county. The purpose
of the sphere is to act as a benchmark for future annexation
decisions.
Cities canno t establish their own sphere of influence. The
LAFCO has sole responsibility for doing this. However, a
city may request that the LAFCO mend its sphere.
Some cities use their sphere of influence as a convenient
boundary for their general plan. These cities plan beyond
their city limits, although they usually have no actual author-
ity over land uses in county areas. This planning anticipates
the eventual annexation of land into the city.
Incorporation
When a new city is proposed to be formed, the LAFCO
studies the fmanc'ml feasibility of the proposed city, its
impact on county and special districts, and the provision of
public services. If the proposal cannot be shown to be
feasible, die LAFCO can terminate the proceedings. If the
proposed city appears to be feasible, LAFCO will refer the
proposal (and a set of conditions to be met upon incorpora-
tion) to the county board of supervisors for a public hearing
to be held. Incorporation proceedings are terminated if the
supervisors receive protests from a majority of the voters
residing within the proposed city boundaries. If they do not
receive a majority protest, an election will be held on the
question of whether te create the city and to elect city
officials.
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The Planning Commissioner's Book
Part Four
Glossary of Common
Planning Terms
Accessory Use
An activity or sumctore that is incidental to the main use of
a site.
Building Envelope
The apace remaining on a site for structures after all building
setback, height limit, and bulk requirements have been reel
Capital Improvement Program
A timetable for the installation of permanent public struc-
tm'es, facilities, roads, and other improvements based upon
budget projections.
CEQA
The California Environmental Quality Act (see Public
Resources Cede section 21000). CEQA requires that private
and public projects' potential adverse effects upon the envi-
ronment be reviewed by decision-makers.
Charter CIty
A city which has been incorporated under its own charter
rather than under the general laws of the sta~. Charter cides
have broader powem than do general law cities.
Cluster Development
Developmentwhichisclusteredinaponionofasite, leaving
the remainder in open-apace. The amount of development
allowed equals the amount that would have otherwise been
allowed on the entire site.
COG
Council of Governments. California's 25 COGs are re-
gionai planning agencies concerned primarily with rans-
portadon planning and h ousin g; they do not directly regulate
land use. Elected officials from each of the cities and
counties belonging to tbe COG make up its governing board.
Community Plan
A portion of the local general plan that focuses on a particu-
larareaorcommunitywithinthecityorcounty. Community
plans supplement the contents of the general plan.
Conditional Use Permit (CUP)
A permit authorizing a use not routinely allowed on a
particular site, subject to a public hearing If aptaural is
granted, the developer must meet certain conditions to
harmonize the project with its surroundings.
Dedication
A grant of private land to a public agency for public use.
Dedications axe often used to obtain roads and parkland
needed to serve a prnjecL
Density Bonus
An increase in the allowable number of residences granted
by the city or county in rem_rn for the prnject's providing
low- or moderate-income housing. (see Government Cede
section 65915)
Density Averaging (or Transfer)
The density of development on a portion of a site is allowed
to exceed usual limits provided that the overall density of the
site does not do so. Density increases in one area are offset
by a corresponding decrease in allowable density in another
part of the site.
Design Review Committee
A group appointed by the city council to consider the design
and aesthetics of development wiffiin all or a portion of the
community.
Development Agreement
A contract between a developer and a ciW or county estab-
lishing the conditions under which a particular development
amy occur. The local government "freezes" the regmlations
applicable to the site for an agreed upon perled of time. (see
Governmere Cede seclion 65864)
Development Fees
Fees charged as a preeondition to construction or develop-
mentapproval. Themostcommonare: (1)impact fees(such
as parkland acquisition fees, school facilities fees, or street
consauction fees) related to funding public improvements
necessitated in part or in whole by die development: (2)
connection fees (such as water fees) to cover the cost of
installing public services to the development; (3) permit fees
(such as building permits or grading permits) for the admin-
istrative costs of processing development plans; and, (4)
application fees (rezoning, variance, etc.) for the administra-
tive costs of reviewing and hearing development proposals.
Downzone
A change of zoning to a more restrictive zone (for example,
from multi-family residential to single-family residential).
16
The Planning Commissioner's Book
EIR
Environmental Impact Report. A detailed review of a
proposed project, its potential adverse impacts upon the
environment, measures that may avoid or reduce those
impacts, and alternatives to the project
Easement
The right to use property owned by another for a specific
purpose. Power Line easements are a common example.
Eminent Domain
The fight of government to take private propew/for public
use upon the payment of just compensation to the owner.
This is also called condemnation (condemnation can also
mean the closing of an unsafe structure by a public agency
to protect the community safety).
Exaction
A fee or dedication required as a condition of development
permit approval.
FInal Map Subdivision (also, tract map or major sub-
division)
Land divisions creating 5 or more lots. They are generally
subject to stricter standards than parcel maps. Requirements
may include mad improvements, the consauction of drain-
age and sewer facilities, park land dedicationS, and more.
FIndings
The legal "footprints" which an agency mast leave to bridge
the analytical gap between the mw rht~ considered by the
agency and its ultimate decision. They expose its mode of
analysis of facts, regulations, and policies.
Floor Area Ratio (FAR)
A measure of development intensity. FAR is the ratio of the
floor area of a building to the area of its site. For instance,
both a two-story building that covers an entire lot end a four-
story building that covers I/'2 of a lot have FAlls of 2.
General Law CIty
A city incorporated under and subject to the general laws of
the state.
General Plan
A statement of policies, including text and diagrams, setting
forth objectives, principles, standards, and plan proposals,
for the future physical development of ~e city or county.
(see Government Code section 65300)
"Granny" Housing
An accessory dwelling for one or more elderly persons that
is attached to or separate from a main residence. Govem-
ment Code section 65852.1 allows cides and coandes to
aIt~rove such enits in single-family neighborhoods.
Growth Management
A local Frogram lImiting the rote of community growth.
Growth management swategies vary, but they can include
capping the annual numbor of building permits, relating
allowable development intensity to certain levels of infra-
smlcture service or limiting the location of new develop-
menL
Impact Fees
See Development Fees.
Infrastructure
A general term for public and quasi-public uffiities and
facilities such as roads, bridges, sewer plants, water lines,
power lines, rue studons, etc.
Initial Study
An analysis of a project's potential environmental effects
and their relative significance. An initial study is prelimi-
nary to deciding whether to prepare a negative declaration or
an EIR.
Initiative
A ballot measure which has qualified for election as a result
of voter petition. At the local level, initiatives usually focus
on changes or additions to the general plan and zoning
ordinance. The initiative power is reserved for the public by
the California Constitution.
Inverse Condemnation
The illegal removal of property value through excessive
government regmladon. Legal advice should be sought
before proceeding in cases of potential inverse condemna-
tion.
LAFCO
The Conese/Knox Act (see Governmen t Code section 56000)
establishas a Local Agency Formation Commission in each
county. A LAFCO is made up of elected officials from the
county, cidus, and, in some cases, special districts. It
administers the sate law governing city incorporation and
annexation proposals.
MItigation Measure
The California Environmental Quality Act requires that
when an environmental impact or potential impact will
occur, measures must be proposed that will eliminate, avoid,
rectify, compensate for or reduce that effect.
Moratorium
A halt to new development or the issuance of permits.
Moratoria are often imposed while a new general plan or
zoning ordinance is written or when sewor or water facilities
are inadequate to serve additional development.
17
The Planning Conunissioner's Book
Negative Declaration
A negative declaration is written when a project is subject to
CEQA, but will not have a significant effect upon the
environmenL The negative declaration describes why the
project will not have a sigmficant effect and may propose
measures that avoid all possible effects.
Nonconforming Use
A land use which does not meet current zoning mquire-
menls.
Overlay Zone
A zone which is superimposed upon other zoning. Overlay
zones are used in areas which need special protection (as in
a historic preservation district) or have special problems
(such as steep slopes or flooding). Development of lend
subject to an overlay must co.mply with the regulations of
both zones.
Parcel Map
A minor subdivision resulting in fewer than 5 loB.
Planned Unit Development (PUD)
Land use zoning which allows the adoption of a set of
development standards that are specific to a particular proj-
ect. PUD zones usually do not con tain detailed development
standards; those are established during the process of con-
sidering proposals and adopted by ordinance upon project
approval.
Referendum
A citizen challenge to legislative action t~.en by a city
council or county board of supervisors. If enough citizen
signatures are filed before the legislative action becomes
fmul, the council or beard must either rescind its decision or
call an election on the issue. The California Constitution
guarantees the public's power of referendum.
School Impact Fees
Fees imposed on new developments to offset their impacts
on area schools.
Setback
The miniram distance required by zoning to be maintained
between two su'uctm'es or between a sm~c tore and a propen~
line.
Specific Plan
A plan addressing land use distribution, open space availa-
bility, infrastructure, end infrastructure fmencing for a por-
tion of the community. Specific plans put the provisions of
the local general plan into action (see Government Cede
.section 65450).
Sphere of Influence
A plan for the "probable ultimate physical boundary and
service area of a local agency" as approved by the LAFCO.
It identifies the area available to a city for future annexation.
However, unless another arrangement has been made, the
city has no actual authority over land outside its city bruits.
Spot Zoning
The zoning of an isolated parcel in a manner which is
inconsistent or incompatible with surrounding zoning or
land uses, particularly if done to favor a particular land-
owner. A conditional use permit is not a spot zone.
Strip Development
Commercial and high-density residential development lo-
cated adjacent to major s~reets. This type of development is
characterized by its shallow depth, street-oriented layout,
lack of unified design theme, and numerous points of street
access. It impedes smooth traffic flow.
Ye~tstlve Map
The map or drawing illustrating a subdivision proposal The
city or county will conditionally approve or deny the pro-
posed subdivision based upon the design depicted on the
tentative map.
Tract Map
See final map subdivision.
Transportation Systems Management (TSM)
A program coordinating many forms of transportation (car,
bus, carpool, rapid wansit, bicycle, etc.) in order to distribute
the traffic impacts of new development. Insteed of empha-
sizing road expansion or consn'ucfion, TSM examines m eth-
ode of increasing road efficiency.
Variance
A limited waiver from the requirements of the zoning
ordinance. Variance requests are subject to public hearing
and may only be granted under special circumstances.
Zoning
Local codes regulating the use and development of property.
The zoning ordinance divides the city or county into land use
dislricts or "zones", illastmtexl on zoning maps, and speci-
flus the allowable uses within each such zone. It establishes
development standards such as minimum lot size, maximum
sU'ucmre height, building setbacks, and yard size.
18
The Planning Conunissioner's Book
Part Five
For Further Reference
Alternative Techniques for Controlling Land Use: A
Guide to Small Cities and Rural Areas in California, by
Irving Schiffman (Institute of Intergovernmental Mfairs,
University of California, Davis), 1982, 85 pp. Explains
techniques such as cluster development, planned unit deveb
opment, and the spec~qc plan.
Bridging the Gap: Using Findings in Local Land Use
Decisions (Gove~'nor's Office of Planning and Re,search,
Sacramento, CA), 1988, 108 pp. A guide to the requirements
for making findings to support land use decisions.
California Environmental Quality Act: Law and
Guidelines (Govemor's Office of Planning and Resexwch,
Sacramento, CA), 1986, 301 pp. The requirementxfor evalu-
ating and assessing environmental impacts.
California Land Use and Planning Law, 9th edition, by
Daniel J. Curlin, lr. (Solano Press, PL Arena, CA), 1988,
revised annually. The plannin g, zo nin g, subdivisio n, and en-
vironmental quality laws explained; with an empha.ffs on
legal requirements and references to numerous court cases.
The Citiaen's Guide to Planning, Revised Edition, by
Herbert H. Smith (APA Planners Press, Chicago, IL.), 1979.
A national perspective on local planning.
The General Plan Guidelines (Governor's Office of Plan-
ning and Research, Sacramento, CA), 1987, 368 pp. How to
write or revise a general plan and how to implement that
plan.
Guide to the California Environmental Quality Act, by
Sharon Duggan, lames G. Moose, and Tina Thomas (Solano
Press, PL Arena, CA), 1988, 447 pp. A technical guide to
CEQA statutes and case law.
Guide to the CortesedICnox Local Government Reor-
ganization Act of 1985, by the Assembly Local Govern-
ment Committee (Joint Publications Office, Sacramento,
CA), 1985, 228 pp. The annexation and incorporation law,
with a ~awchart for these procedures.
The Job of the Planning Commissioner, 4th edition, by
AlbertSolnit(APAPlanner'sPress, Chicago, lL),1987,218
pp. All about thejob,from dealing with staff to conducting
succes~ul meetings and legal requirements.
The Planner's Book of Lists (Govemor's Office of Plan-
ning and Research, Sacramento, CA), issued yearly, 1989,
95 pp. The address and phone number of each planning
department in the state and information on local plans and
ordinances.
The Planning Commissioner's Guide - Processes for
Reasoning Together, by David I. Allor (APA Planner's
Press, Chicago, IL), 1987. A gulrle to understanding and
improving the decision mala'ng process.
Planning Commission Handbook (League of California
Cities, Sacramento, CA), 1984. A well-written overview of
the role of the planning commission and California plannin g
law.
Planning, Zoning, and Development Laws (Governor's
Office of Planning and Research, Sacramento, CA), 1989,
revised yearly. A compilation of the various state codes
relating to planning, including the Subdivision Map Act.
"The Role and Responsibility of the Planning
Commissioner" (Pappas Telecommunications, Fresno, CA),
1987, 40 minute videotape (available for purchase from the
League of California Cities (9 16/A.~? .5790).
Specific Plans in the Golden State (Govemor's Office of
Planning and Research, Sacramento, CA), 1988, 65 pp.
Everything you could want to know about specific plans.
Subdivision Map Act Manual, by Daniel J. Curtin, Jr.
(Solano Press, PLArena, CA), 1989, revised annually. A
practitioner's guide to the Map Act, including pertinent
legal precedents.
"Why Plan: A Primer for the Concerned Citizen" (Pap-
pas Telecommunications, Fresno, CA), 1987, 30 minute
videotape (available for purchase from the League of Cali-
forma Cities (916/444-5790).
19
jec/oRD12300(041790-2)
ORDINANCE NO. 90-__
AN URGENCY INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMECULA
PROHIBITING ISSUANCE OF BUILDING PERMITS
OR, IN THE ALTERNATIVE, REQUIRING
AGREEMENTS TO PAY FEES TO DEFRAY COST OF
CONSTRUCTION OF MAJOR THOROUGHFARES AND
BRIDGES AND PUBLIC FACILITIES.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. This is an interim measure adopted
pursuant to Government Code Section 65858.
SECTION 2. The purpose of the Ordinance is to
provide a mechanism for preserving the opportunity for
imposition of fees pursuant to a fee program to be
considered in the near future in order to insure that future
development shall pay its fair share of the costs of
constructing public facilities and transportation systems
adequate to serve that development.
SECTION 3. This Council finds that:
(a) The Circulation Element of the Southwest Area
Community Plan of the County of Riverside shows that major
thoroughfares and bridges need to be built.
(b) The newly incorporated City of Temecula
requires a civic c~enter in order to provide municipal
services to the residents and businesses of the City. The
City intends to develop a plan in the inumediate furute
esstablishing the level 9of municipal services to be at
build-out. At this time, it is estimated the City will
require the following:
Civic Center site of
100,000 square feet
50,000 square feet
square feet
square feet
square feet
acres.
City Hall;
Police Station;
Community Center;
Performing Arts Center;
Maintenance Yard.
The estimated cost of these facilities is $
(c) Ordinance No. 659 of the County of Riverside,
as the same was incorporated into the Temecula Municipal
-1-
jec/0RD12300(041790-2)
code by Ordinance No. 90- , does not adequately address
the need for public facilities and major thoroughfares and
bridges as caused by new development within the City of
Temecula.
(d) Government Code Section 66484 authorizes the
City to require by ordinance the payment of a fee as a
condition of approval of a final subdivision map or as a
condition of issuing building permit for the purpose of
defraying the cost of constructing major thoroughfare and
bridges.
(e) Article , Section __ of the California
Constitution and Government Code Section 66001 et. seqo
authorize the City to require the payment of a fee on new
development to defray the cost of public facilities.
(f) The Circulation Element of SWAP identifies
many intersections and thoroughfares of the City as
providing traffic levels of service ("LOS") as Level "D" or
lower. According to ,
at LOS D and lower, the risk of traffic accidents increases
substantially. Consequently, any development contributing
traffic to thoroughfares and intersections at LOS D or
lower, either now or at ultimate build-out, poses a
substantial danger to the health and safety of residents of
the development and the immediate community. Accordingly,
this Ordinance shall be applied to all otherwise vested
developments unless the owner can demonstrate that the
development does not contribute to intersections and
thoroughfares at LOS D or less.
(g) Ordinance No. of the County of Riverside,
as the same was incorporated into the Temecula Municipal
Code by Ordinance No. 90-__, does not address the demand
placed on City recreational facilities by nonresidential
development. At this time, it is estimated that every
square feet of nonresidential development demands __ acres
of local or community parkland. The estimated cost of
parkland is $ per acre.
(h) Without the City Hall, maintenance yard,
police station and additional parkland described above, the
City will be unable to provide adequate basic municipal
services, including police protection, road maintenance,
fire protection, solid waste collection and park services.
consequently, any development contributing additional demand
for such municipal services poses an immediate danger to the
health and safety of the future residents of the
community. Accordingly, the fees to construct the
-2-
jec/ORD12300(041790-2)
facilities should be imposed on all building permits,
including those for vested maps.
SECTION 4. No building permit shall be approved
within the City; provided, however, that building permits
may be issued upon execution by the applicant of an
agreement, accompanied by security, providing that the
applicant shall participate in a fee program adopted by the
City in order to finance, in total, or in part, public
facilities and major thoroughfares and bridges within the
City.
SECTION 5. The City Attorney shall develop a form
of agreement providing for participation in any fee program
adopted by the City for payment of all or part of the cost
of providing public facilities and major thoroughfares and
bridges within the area. The agreement shall provide for
the posting of security to insure payment of the fees
established by the program upon adoption of the program.
The agreement shall also provide that, should a fee program
not be adopted on or before [ Date ], the agreement
shall be of no further force or effect and the security
shall thereupon be released. The agreement shall further
provide that nothing therein shall limit the applicant's
right to protest or otherwise oppose adoption of a fee
program. As the amount of fees which may be required by a
fee program cannot be ascertained until adoption thereof,
the city Attorney shall fix a maximum commitment in the
agreement. That amount shall be as follows:
Brid~e and Maior Thoroqu~hfares
Fee per unit
Single-Family Unit
Multi-Family Unit
Non-Residential per 1,000 square feet
City Hall, Police Station & Maintenance Yard Fee per unit
Single-Family Unit
Multi-Family Unit
Non-Residential per 1,000 square feet
-3-
jec/ORD12300(041790-2
Community Center, Performing Arts Center
Fee per unit
Single-Family Unit
Multi-Family Unit
Non-Residential per 1,000 square feet
Parkland
Fee per unit
Non-Residential per 1,000 square feet
In the event that the fee program provides for
higher fees, the agreement shall provide that the
differences between such fees and the above amount shall be
waived.
SECTION 6.
only until [ Date
repealed.
This ordinance shall remain in effect
] and, as of such date is
SECTION 7. This ordinance shall not apply to
development which is exempt from property taxation. Nor
shall it apply to permits for remodeling or reconstructing
existing structures to the same number of individual
dwelling units or equal commercial building area, or to
permit for construction of retaining walls, patio covers,
swimming pools, and other non-inhabitable residential
structures.
SECTION 8. Should any person in receipt of any
permit or entitlement believe that they have a vested right
to develop without compliance with this Ordinance, they may
apply for an exemption to this Ordinance. Such exemption
may be granted by the City Council only upon recommendation
by the Planning Commission and after due notice and public
hearing thereon by both bodies.
SECTION 9. The City Council determines that it is
necessary for the proper functioning of the City government,
and therefore necessary for the protection and preservation
of the public peace, health, safety and general welfare,
that this Ordinance be adopted as an urgency ordinance and
that the same take effect immediately upon its adoption.
SECTION 10. This Ordinance is adopted pursuant to
Government Code Section 65858. This Ordinance shall remain
in effect until and may, thereafter, be
extended in the time and manner provided by law.
-4-
jec/ORD12300(041790-2)
SECTION 11. SEVERABILITY. The City Council hereby
declares that the provisions of this Ordinance are severable
and if for any reason a court of competent jurisdiction
shall hold any sentence, paragraph, or section of this
Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
SECTION 12. That the City Clerk shall certify to
the adoption of this Ordinance and cause the same to be
published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this __ day of
, 1990.
ATTEST:
RON PARKS
MAYOR
Fo D. ALESHIRE
City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF TEMECULA
I, F. D. Aleshire, City Clerk of the City of
Temecula, do hereby certify that the foregoing Ordinance
No. 90-__was duly introduced and placed upon its first
reading at a regular meeting of the City Council on the
day of , 1990, and that thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City
Council on the day of , 1990, by the following
vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
APPROVED AS TO FORM:
F. D. ALESHIRE
CITY CLERK
Scott F. Field
City Attorney
City of Temecula
Interim Park & Recreation
Master Plan
( Exhibit "A" )
City Of
TEMECULA, CALIFORNIA
INTERIM PARK AND RECREATION MASTER PLAN
MAY 1990
PREFACE NOTE
The basis for this Interim Master Plan for
Parks and Recreation is the Master Plan for
Parks and Recreation originally prepared by
Urban Environs of Redlands, California, for
Riverside County Service Area 143, which
served the Rancho California, Temecula and
Murrieta area prior to Temecula ' s
incorporation as a city. The original Plan
was the subject of community input, public
hearings and ultimate adoption by the County
Board of Supervisors on June 27, 1989.
The purposes of this Interim Master Plan of
Parks and Recreation are three-fold. First,
to put into place an adopted Master Plan for
Parks and Recreation for the City of
Temecula. Second, enables the City, under
Government Code Section 66477, which requires
an adopted Plan to be in place, the option of
adopting an ordinance requiring as a
condition of residential development, the
dedication of land for park and recreation
purposes, or the payment of fees in lieu of
dedication. Lastly, it is intended as a
starting point for a comprehensive City of
Temecula Master Plan for Parks and
Recreation, recommended for Fiscal 1990-91,
which will though an extensive public input
process, develop and establish goals and
objectives, appropriate standards, and an
implementation "action" plan for meeting the
specific recreational needs of the resident
of the City of Temecula.
In closing these prefacing remarks, it is to
be noted that the Interim Master Plan makes
no changes to adopted policy standards of the
original Plan, but does recommend new policy
material on page 9 to supplement the standard
of the original Plan. It also deletes
information that is relevant only to CSA 143
and not relevant to the City of Temecula,
such as joint use of public facilities in the
Murrieta area. Lastly, for the convenience of
the reader, the narrative text of the
original Plan has been altered to reflect the
City of Temecula, rather than the County
Service Area, where appropriate.
TABLE OF CONTENTS
SECTION 1. INTRODUCTION AND BACKGROUND
A. Introduction
1. Purpose Statement ........................... 2
B. Project Setting
1. Location and Physical Setting .............. 2
2. Demographic Conditions ...................... 2
3. Population Trends and Projections ........... 4
SECTION 2.
A.
B.
EXISTING CITY SYSTEM
Organization and Administration .................. 5
Existing Facilities Inventory
1. City ........................................ 5
2. Other ....................................... 5
SECTION 3.
A.
B.
MASTER PLAN
Goals and Recommendations ........................
Facility and Park Development Standards
1. Acquisition and Development Standards ......
2. Proposed Facilities Standards ..............
8
10
12
Acquisition and Development ..................... 13
TABLES
Table Page
Estimated Population 1980-1988 .................. 2
Age of Population - 1980 ....................... 3
Employment 1980 ............................... 3
Projected City Population ....................... 4
School Facilities Inventory ..................... 7
Page 1
A. INTRODUCTION
1. Purpose Statement
The purpose of the City of Temecula Interim Park and
Recreation Master Plan (hereinafter referred to as " Master
Plan") is threefold: (1) to put in to place an adopted
Master Plan for Parks and Recreation for the City of
Temecula; (2) to enable to City of Temecula to employ the
provision of Government Code Section 66477 regarding park and
recreation dedication in subdivisions; and (3) to provide a
starting point for a comprehensive master planning process.
The following more specifically represent the objectives of
the Master Plan:
To provide an information base from which the City may
make determinations pertaining to short-range goals in
relationship to longer-term goals of the City and current
planning principles.
To consider and evaluate trends in recreation pursuits so
that the people of the City may have a meaningful
selection of recreational opportunities and facilities.
To determine population trends and projections, growth
indicators, recreational interests, and all other
changing demographic factors that are pertinent to a
viable planning process.
To review and process planning guidelines and standards
for the acquisition and development of recreation areas
and facilities to meet the existing and future needs and
desires of the community.
To inventory and categorize all existing recreation
areas and facilities within the public and semi-public
sectors of the community and to provide data pertaining
to the availability of all recreational opportunities in
the community.
Page 2
B. PROJECT SETTING
1. Location and Physical Setting
The City of Temecula is approximately 26 square miles,
located approximately 85 miles southeast of Los Angeles and
55 miles north of San Diego on Interstate 15.
The Temecula Valley, once a secluded valley surrounded by
rolling hills, has since been master planned to provide a
balanced agricultural, residential, commercial, and
industrial community.
The climate, with an annual average temperature of 80
degrees, provides a resource in itself for the enjoyment of
outdoor life and leisure activity.
2. Demographic Conditions
The following demographic information was obtained from the
1980 Census Report and the Riverside County Planning
Department. While the census block exceed to City's
boundaries, the information provided below is offered to
illustrate the tremendous growth of the region, which is also
occurring within the City.
Census data since 1980 shows an average annual increase of 42
percent for Census Tract 432 (which includes the City) as
shown in Table 1, Estimated Population from 1980 - 1988:
Table 1
Census Tract 432
Estimated Population 1980-1988
Year Estimated Population
Percent Increase
1980 5,073 0
1981 5,345 5.0%
1982 5,861 9.7%
1983 6,330 8.0%
1984 7,225 14.1%
1985 7,991 10.6%
1986 9,610 20.3%
1987 13,328 38.7%
1988 43,683 227.7%
Source: County of Riverside Planning Dept. Based on
Building Permit Activity.
Page 3
In 1980 approximately 29 percent of the population was
over 55 years of age as shown in Table 2:
Table
Census Tract 432
Age of Population - 1990
Age Group
Percent
Less than 5 years 7%
5 - 14 16%
15 ~ 24 12%
25 - 54 36%
55 and over 29%
Source: County of Riverside Planning Dept.
Employment figures for persons 16 years and older show
that residents within the study area held Jobs primarily
in management, sales/clerical, and crafts as shown in
Table 3. Approximately 37 percent of the population was
in the work force, emphasizing the retirement age group
and the amount of leisure time available for most
residents.
Table 3
Census Tract 432
Employment - 1980
(Persons 16 years and older)
Field Percent
Executives, Managers, Administrators 23%
Professional, Technical 1%
Sales, Clerical 26%
Service 12%
Farm, Forestry, Fishing 8%
Craftsmen, Machinists 22%
Laborers, Transportation 8%
Source: County of Riverside Planning Dept.
Page 4
The current population data shows an estimated 43,683
persons within the Census Tract in December 1988.
Average household size was 2.69 persons per household.
Among cultural minorities, the strongest showing of non-
whites was Hispanic at 5 percent. Approximately 1.6
percent of the Non-Hispanic minorities were American
Indian and less than 1 percent were Black and Asian.
3. Population Trends and Projections
Demands placed upon park and recreation needs are
primarily dependent upon population. Historically,
Riverside County has grown at a moderate to rapid pace.
In 1980, the County's population was 633,199. By 1988,
the population had risen to 1,020,094 an increase of
386,895 persons. Future population projections prepared
by SCAG indicate the this growth rate should continue,
leading to a population of approximately 1,075,505 by the
year 1990 and 1,825,966 by the year 2000.
Projected population figures for Census Tract 432 (which
includes the City) have been produced by the County of
Riverside based on building permit activity. The
estimated population for Census Tract 432 for the year
1995 is 68,457 persons. The estimated population for the
year 2000 is 111,128 persons. Using the above referenced
projected population figures, the projected population for
the City are as follows in Table 4:
Table 4
Projected Population - City of Temecula
Year
Projected Population
1988 19,663
1995 31,490
2000 51,119
Source: County of Riverside Planning Dept. and Urban Environs
Page 5
A. ORGANIZATION AND ADMINISTRATION
Prior to the incorporation of the City of Temecula in December
of 1989, Parks and Recreation services were provided to the
Temecula Valley by Riverside County Service Area 143. The CSA
was formed in December 1985, in the County of Riverside
pursuant to Public Resources Code Sections 5780 et seq. for
the purpose of providing park, recreation, and parkway
facilities to the residents of the Temecula Valley. Other
services provided by the CSA, but not included as part of this
Master Plan, include street lighting, garbage collection, and
soil conservation and drainage control.
These functions have, with the incorporation Of the City,
shifted to a subsidiary district of the City, the Temecula
Community Service District.
E. EXISTING FACILITIES
1. CITY
The City owns one developed park, the Rancho California
Sports Park. The park totals 86 acres, of which 50 acres
are presently developed, providing 11 ball fields which
also support soccer and football activities. A tot/lot-
picnic area is currently under development. Additionally,
there are approximately 20 acres of the Sports Park, held
in trust by the County of Riverside, which is a subject of
discussion between the City and the County at this time.
2. Other
Currently, the County of Riverside has no recreational
facilities located within the City. There are, however,
facilities located outside the City within easy driving
distance. These facilities include:
* Lake Skinner Park - located approximately 12 miles
northeast of the City off Warren Road. This facility
is a 6,440 acre recreation area with facilities for
camping, fishing, boating, picnicking, hiking, and
equestrian trails.
County of Riverside parks are operated and maintained by
the County of Riverside Parks Department. These parks are
regional in nature and are intended to serve a broader
base than that which the City provides. County parks
total approximately 6,414 acres of developed parks and 660
acres of undeveloped parks or parkland.
Other recreational facilities within the vicinity of the
City include:
Page 6
Lake Elsinore Park - located west
acre recreation area with camping,
and boating facilities.
of Sun City, an 87
swimming, fishing,
* Nature Conservancy located west of the City,
approximately 3,000 acre nature preserve and wildlife
refuge. Recreational opportunities include hiking,
picnicking, and horseback riding.
Sam Hicks Monument Park - located off Front Street in
Temecula, this historical park is approximately 0.7
acre. Recreational opportunities include tot lot and
picnic areas. The site also contains a historical
monument and future plans include a historical church
to be moved to the site. Transfer of this property
to the City is presently under discussion.
* Vail Lake A privately owned recreation center with
boating, fishing, hiking and camping facilities.
Page 7
A major source of recreational facilities to the public
within the City is public school facilities. Through
joint agreements, school grounds can be used for such
activities as youth baseball, youth soccer and special
events. Table 5 is an inventory of existing and proposed
school recreational facilities.
Table 5
School Facilities Inventory
April, 1989
F
0
O
T S
B P
B A B V O
A L A P O R
L L S L L H S T
L / K A L A W S
F S E Y E N I T
I O T Y D M E T
E C B A B B M N R
L C A R A A I N A
D E L E L L N I C
S R L A L L G S K
Temecula Valley Unified School District
Jean F. Sparkman Elem. X X X
Margarita Middle School X X X
Rancho Elem. X X X
Red Hawk Elem. (Proposed) X X X
Temecula Middle School X X
Temecula Valley High X X X
Vail Elem. X X X
Vail Meadows Elem. (Proposed) X X X
Vail Meadows Middle (Proposed) X X X
Winchester Elem. (Proposed) X X X
X
X
X X
Source: Temecula School District
Pag~ 8
A. GOALS AND RECOMMENDATIONS
The following interim goals are recommended to state the
general intent of the City regarding Parks and Recreation
goals prior to the development and adoption of a comprehensive
Master Plan for Parks and Recreation.
To provide parks and recreational areas, as well as
programming which reflects the current needs and interests
of the total population served by the City.
2. To locate and provide park facilities so as to be
accessible to the greatest number of users.
3. To relate activities to the physical, mental, social and
emotional characteristics of the community served.
Where feasible and desirable, the City should enter into
agreements and joint ventures with other agencies in order
to provide more activities and programs, avoid duplication
of effort, and to ensure the most efficient use of
taxpayer's monies.
Wherever possible, utilize less developable lands and
existing public lands for parks and recreation in order to
minimize costs.
Funding and Financing
Upon approval of this Interim Master Plan, employ the
provisions of Government Code Section 66477, adopting a
City Ordinance requiring land dedication, or fees in lieu
of dedication, or a combination of both, for park and
recreation Purposes.
Seek out and aggressively pursue all forms of federal,
state, private foundation and endowment support to assist
in acquisition, development and programming of park and
recreation resources in the City.
Joint Cooperation
Seek cooperation with the Temecula Valley Unified School
Districts in the joint planning of future elementary,
junior high, and high school sites in the developing areas
of the City to allow for adjacent park acquisition and
subsequent park/school complexes.
Page 9
Standards
1. It is recommended that the suggested standards of the
National Recreation and Park Association (page 10) for
Community Park Acreage, that is, 2.5 acres per thousand
persons of population, be adopted as the standard for the
City of Temecula.
2. It is recommended that the suggested standards of the
National Recreation and Park Association for Neighborhood
Park Acreage, that is, 2.5 acres per thousand persons of
population, be adopted as the standard for the City of
Temecula.
3. It is recommended that the National Recreation and Park
Association suggested standards for size and development
programs for Community and Neighborhood Parks, be adopted
as the standard for park size and development programs of
public recreation facilities in the City of Temecula.
4. It is recommended that the suggested standards of the
National Recreation and Park Association for service
radius be modified for Community Parks to a radius of up
to 5 miles and Neighborhood Parks up to 1½ miles.
Regional Facilities
Meet with the Riverside County Parks Department to explore
areas of cooperation regarding a County-wide trails
system, open space, and parks.
Encourage the County of Riverside Parks Department to
develop an approximately 250 acre Regional Urban Park
within the vicinity of the City. Acquisition and
development of the facility could come from development
fees collected from projects within the area. Facilities
could include, but not limited to, community buildings,
parking lots, and active and passive recreational
facilities.
Encourage the development of a regional trail system that
will connect the trails proposed in the approved Specific
Plans.
Page 10
B. FACILITY AND PARK DEVELOPMENT STANDARDS
1. Acquisition and Development Standards
The measurement of recreation demand is complex because
demand is variable by nature. While interest in some
forms of recreation remains constant, interest in others
has increased dramatically, and new forms continue to
emerge.
Recreation demand and the amount of space required to
accommodate the demand varies depending on the population.
Various standards have been established by organizations
to define the total amount of parkland a community should
have and minimum sizes for various types of parks.
Generally cited, are the suggested standards of the
National Recreation and Park Association (NRPA).
The National Recreation and Park Association has
established recommended standards to both define amount of
acreage needed for a properly developed park system, and
the minimum sizes and amenities for various types of
parks.
The National Recreation and Park Association recommends a
standard of 5 acres per 1000 residents in a municipal
setting, divided equally between Community Parks and
Neighborhood Parks, which are described below.
Community Parks - Community Parks are leisure facilities
specifically designed to serve the broader recreational
needs of the City and are the "work horse" of the park
system. The nature of this type of facility encourages and
attracts family units on a day-to-day basis as well as
major events. The major recreation buildings and athletic
facilities are generally designed for both day and night-
lighted use.
Minimum size:
Acres/i,000 people:
Service radius:
20 - 200 acres
2.5 acres
up to 3 miles
Facilities appropriate to community parks include:
(a) Fields for softball, baseball, football, soccer
and other field sports.
(b) Courts for tennis, basketball, volleyball,
handball and other court games.
(c) Night-lighted facilities are essential to those
citizens whose work schedules do not permit them
sufficient access to recreational facilities
Page 11
(d) Recreation buildings, including gymnasiums, with
adequate provision for crafts classes, dramatics
and social activities.
(e) Hard-surface, multiple-use areas for tetherball,
shuffleboard and other similar activities.
(f) Play apparatus for pre-school age children, and
other children.
(g) Senior-citizen activities, such as horseshoes,
lawn bowling and croquet.
(h) Large aquatic facilities, for instruction and
competition.
(i) Day Camp play areas with sheltered or indoor
facilities.
(J) Special facilities for the handicapped.
(k) Maintenance yards and facilities.
Neighborhood Parks - Neighborhood parks characteristically
serve the recreational needs of a small segment of the
population usually within walking distance of the park.
Often, such parks are located adjacent to an elementary
school with which they may share playing fields.
The design of Neighborhood parks should add to the quality
of life of all residents by enhancing the environment,
providing open space within walking distance, and
supplying opportunities for individual and/or organized
recreation.
Minimum size:
Acres/i,000 people:
Service radius:
minimum 5 20 acres
2.5 acres
up to 1 mile
Typical features of the Neighborhood parks include, but
are not limited to:
(a) Pre-school play area.
(b) Apparatus for older children, possibly including
"theme" play equipment.
c) Picnic facilities and park seating for leisure
and observation.
d) Buildings for restrooms and equipment storage.
e) Open space for informal play and passive
enjoyment.
f) Special facilities for groups and/or individuals
with special needs.
g) Horseshoes, shuffleboard, and/or volleyball
courts.
Page 12
Special Use/Resource Facilities Special facilities often
result from special resources or opportunities and are of
community-wide interest representing an historic,
cultural, recreational or ecological value. Typical
facilities include natural areas, cultural landmarks,
ecological preserves, flood-plain lands, historic sites,
and regional recreational facilities.
Minimum size:
Acres/I,000 people:
Service radius:
Dependent on facility
No Standard
Community-wide
2. Proposed Facility Standards
The following
standards and
the area:
Facility
standards were compiled from the National
local agencies to represent the typical for
Proposed
District Standard
Amount/i,000 people
Softball
Baseball
Football/Soccer
Tennis
Volleyball
Basketball
50 yard Swimming Pool
25 yard Swimming Pool
Picnic Areas
Playlot Areas
COmmunity Centers
Outdoor Theaters
Racquetball/Handball Courts
1/2,000
1/6,000
1/10,000
1/2,000
1/3,000
1/500
1/20,000
1/10,000
1/3,000
1/2,000
1/20,000
1/20,000
1/20,000
In addition to the above facilities, it is recommended that
the City work cooperatively with the County of Riverside Parks
Department and other parks and recreation agencies to create
and implement a regional trail system. The system should be
designed to accommodate equestrian, bicyclists, and
pedestrians.
Page 13
Co ACQUISITION AND DEVELOPMENT
It is the philosophy of the City to provide and operate a
comprehensive system of park and recreation facilities that
are well beyond the ability of the private individual or
private organization to provide.
TO illustrate that point, the City, if employing the
National Recreation and Park recommended standards for
Community and Neighborhood Parks of a combined ratio of 5
acres per 1,000 population, when coupled with the
conservative population estimates of Table 4, would
require 255 acres of parkland by the year 2000. When the
existing City owned acreage is calculated in (86 acres),
this means that the City to meet its standard in the year
2000, will need to acquire and develop, through a diverse
methodology, an additional 169 acres of parkland. In 1990
dollars, and not in consideration of Joint use of publicly
owned land, which will considerably reduce costs,
achieving that goal will be in excess of $33,000,000
value.
There are four categories of funding sources available for
park and recreation development in the City: local, state,
federal and private.
Local
Prime local major funding sources include, but are not limited
to:
o Rates and charges through the Temecula Community
Service District;
Dedication Ordinances;
Redevelopment Agency Financing;
Landscape and Lighting District; and
Mello-Roos District;
o
o
o
o
State
The State of California offers a variety of funding sources
for the acquisition and development of parks and recreation
program implementation. Sources include grants, historic
preservation and conservation funds.
o California Parklands Act of 1980
o Urban Open Space and Recreation Grant Program (SB
174)
Historic Preservation Grants-In-Aid
Federal Land & Water Conservation Fund
o
o
Page 14
Federal
Through the years federal monies for park and recreation
development have been greatly reduced and the reduction will
likely continue in the future. The following sources now
available may or may not therefore be available in the future.
Housing and Community Development Act of 1974
Recreation and Public Purposes Act
Private
The following is a list of organizations that provide
assistance for public or private groups who want support from
the private sector.
(a)
The Foundation Center
1644 Wilshire Blvd.
Los Angeles, CA
213/412-4042
(b)
The Grantsmanship Center
1015 West Olympic Blvd.
Los Angeles, CA
213/485-9094
(c)
The Guide to California Foundations
c/o Northern California Grantmakers
210 Post Street, No. 814
San Francisco, CA 94108
(d)
The Public Management Institute
333 Hayes Street
San Francisco, CA 94102
415/431-8444
Gifts Catalog: Some communities/districts have had great
success in developing a catalog of needed facilities,
equipment, plant materials, etc., and then seeking
contributions for individual items.
Page 15
CLOSING C0 ENT
One area that was addressed in the original Plan
and not addressed in the Interim Plan, is the
approved specific plans to be found within the
City. They were approved from a County Planning
Department perspective without review or input by
the County Service Area charged with providing
Park and Recreation services to the area. It is
uncertain at this point whether the recreation
facilities within the specific plans were intended
to ultimately be dedicated to the public park
system or to remain as initially presented,
private parks maintained by home owners
associations. This is not optimally the way to
build the public park system and should be looked
at very closely during the development of the
comprehensive Master Plan.
It can not be overstated how important the Master
Plan that will replace this interim plan will be
and how quickly it must be started. The process,
if done correctly, will take 6 to 9 months. It
will involve valid random community surveys to get
the 'average' citizen's input of what they think
their park system should provide. It will involve
meeting with the community's special interest
organizations, such as Little League Baseball, Pop
Warner Football, CYSA Soccer, and all others that
can be identified, to get their input. It will
involve taking an inventory of available land and
developing a list of potential sites to be
earmarked as possible public park locations. It
will involve Public Hearings before the Park and
Recreation Commission, the Planning Commission,
and finally, the City Council.
The task is major. But it is the first step of
developing a first class public park system that
is well thought out, efficient, and effective.
AB#: TITLE:
MTG:
DEPT: CM
CITY OF TEMECULA
AGENDA REPORT
Information Item Regarding
Development Impact Fees
DEPT HD
CITY A'FFY
CITY MGR ~
RECOMMENDED ACTION:
Receive a report regarding development impact fees and provide input to staff.
PURPOSE
The purpose of this item is to provide an overview of the process to be followed in order tc
establish development impact fees. It is also to receive input from the City Council concerning the
.types facilities necessary to be provided as the community grows.
BACKGROUND
The City Council has shown an interest in establishing development impact fees in order to ensure
that new developments in the City of Temecula pay for and provide public facilities necessary, to
maintain the quality. of life in the City.
Presently, the City does not have a development impact fee system in place to guarantee that
developments will pay for necessary public facility improvements needed to support the demands
placed on the community from this growth. The City will not be in a position to adopt permanent
development fees until such time as the General Plan has been prepared and adopted. The
completion of the General Plan is a complicated process which will take several months to
complete.
Therefore, a need exists now to establish interim development impact fees which can satisfy, the
requirements of state law and be imposed on developments which will take place prior to the
adoption of the City's first General Plan. Attached is a letter to the City Manager which describes
the process which could be followed to establish interim development impact fees for the City of
Temecula.
FISCAL IMPACT
\
The cost to prepare the interim development fees will be dependent on the type and number of
facilities to be included in the study. The total cost of this study will be recouped through the
collection of these fees as development takes place.
EXHIBITS
1. Letter to the City Manager dated April 24, i990
2. Proposal to provide consulting
3. City Attorney letter dated April 17, I990
4. Proposed Interim Ordinance
'V,"' WILLDAN ASSOCIATES C E_F'jG:r,JEE , 2<: _L .' jF'JE:,'2:.
April 24, 1990
Mr. Frank Aleshire
City Manager
City of Temecula
43172 Business Park Drive
Temecula. California 92390
Dear Mr. Aleshire:
The purpose of this letter is to follow-up from our meeting and to address your request
to have Willdan Associates describe a process and present a proposal for the
preparation of development impact fees for the City of Temecula.
As we discussed, the City of Temecula is a long way away from preparing and adopting
its' General Plan and, therefore the establishment of permanent development impact
fees is not possible at this time. However, the City does have the ability to begin
working on permanent development impact fees and should move as quickly as
possible to establish and adopt interim development impact fees.
The City Attorney has indicated that the City of Temecula must comply with the
provisions of Government Code Section 06000 in order to establish development
impact fees. This section of the code requires the City to articulate the purpose and
use of the proposed development fees as well as the relationship between new
development and the need for these fees. The City must demonstrate that the amount
of the fee imposed upon the individual development is reasonably related to the
impacts caused by that development.
The City Attorney also summarized the requirements for establishing, increasing or
imposing a fee as a condition of approval of a development project to be:
1. Identify the purpose of the fee.
2. ldenti~ how the fee will be used.
3. Determine the nexus between the fee being imposed and the
development being required to pay the fee.
6363 GREENWICH DRIVE · SUITE 250 · SAN DIEGO CALIFORNIA 92122-3939 * (619) 457-1199. FAX (619) 452-6680
April 24, 1990
Page - 2
4. Determine how there is a reasonable relationship between the amount
of the fee and the cost of the public facility or a portion of the facility
attributable to the development on which the fee is being imposed.
Willdan Associates has extensive experience in the preparation development impact
fee programs and has completed similar programs in communities throughout
California including Chula Vista, San Marcos, Escortdido and Apple Valley.
The following briefly summarizes the process for creating development impact fee
programs:
1. Determine the facilities required to accommodate development.
2. Establish service level or capacity requirements for each facility.
3. Determine land use information, including the existing and build out
land uses.
4. Calculate the existing facility demand and ultimate demands based upon
the facility service level or capacity requirements.
5. Prepare cost estimates for each facility.
6. Determine what types of development will impact each facility.
7. Establish development impact fees based upon the information obtained
above.
8. Prepare the necessary documents. Development Impact Fee Report and
specific resolutions and ordinances for the City Council's consideration.
9. Meet with the effected property nwners to review this information and
to discuss the process which will be followed by the City to adopt
development impact fees.
10. Establish finance policies for the City's use when considering
development proposals.
April 24, 1990
Page - 3
The specific preparation of development impact fees for the City of Temecula is
somewhat more complicated than for most cities. As a new city, the General Plan has
not been established. Consequently, much of the information generally used to
prepare and adopt development impact fee programs is not available. As a result,
permanent development impact fees can not be established at this time.
However, before the General Plan and specific facility master plans are prepared and
adopted, Willdan Associates would propose to undertake the work necessary to
establish interim development impact fees to be charged any development which occurs
prior to the adoption of the City's General Plan. Attached is a proposal and time
frame necessary. to prepare these interim development impact fees for the City of
Temecula.
After the General Plan has been completed there will be a need for the City to
prepare detailed Master Plans for each of the facilities identified in the development
impact fee report. From these Master Plans more specific cost estimates will be made,
timing of improvements identified, and then the permanent development impact fees
can be established that reflect this information. The work undertaken to prepare the
interim fees could also be used when the permanent fees are established.
We would be happy to discuss the proposed process with you and to present the City
Council with an information item on their next agenda to clarify. the actions which
need to be taken in order to prepare development impact fees. If you have any
questions, please do not hesitate to call me.
Sincerely,
WILLDAN ASSOCIATES
Philip O. Carter
Manager
Growth Management Services
General
Plan
Elements
Public Facilities
ELement
Master Plans
Civic Facilities
Parks
Libraries
Police Stations
Fire Stations
Circulation Systems
Maintenance Facilities
Quality of
Life
Element
Define those
which make a
Quality Community
Create a system to guarantee
a quality Community as it
develops
Geographical Information Systems
PROPOSAL TO PROVIDE
CONSULTING SERVICES FOR
THE PREPARATION OF A
DEVELOPMENT IMPACT FEE STUDY
FOR
CITY OF TEMECULA
April 24, 1990
A. Introduction
This proposal addresses the request to prepare interim development impact fees for
the City of Temecula. The results of this undertaking will be the creation of a list
of proposed facilities necessary to maintain the quality of life in the City of Temec-
ula as growth occurs, including the preliminary cost estimates for these facilities, a
methodology to be used to create the interim development impact fees and the
documents necessary for the City to adopt the fees.
Prooosed Approach and Methodology
Based on the meeting held with the City Manager requesting that this work be
undertaken and our own understanding of the scope of work, we offer the following
outline of the tasks required to successfully complete the project.
Task 1.
Meet with City to determine what facilities will be required to
maintain the quality of life in the City as development takes place.
Task 2.
Collect existing development information and project the ultimate
residential and non-residential build out of the City.
Task 3.
Collect data necessary to establish the level of service or capacity
required for each facility
Task 4.
Evaluatefacility impactfee information forother citiesfor comparison
purposes.
Task 5.
Develop the specific methodolo~ to assess the impact fees for each
t.vpe of future development.
Task 6.
Determine historical and projected future increases in service and
facilities costs in order to arrive at a proposed annual adjustment
factor for each impact fee.
Task 7.
Identify and apply applicable local, State and Federal statutes including
Government Code Section 66000 (AB1600) to the fee methodologies
where appropriate.
Task 8.
Prepare a Interim Development Fee Report from the information
developed in Tasks 1-7 above, for staff and City Council review.
Present the Report to the City Council.
Task 9.
Along with the Interim Development Fee Report, present the neces-
sary ordinances for City Council consideration. This task will be
completed with assistance from the City Attorney.
Task 10. Together with a final report and fee ordinances, make at up to two
presentations before the City Council.
Task 11. Prepare a documentation manual that provides criteria and
methodology for use by City staff and/or consultants for the
preparation of the final development impact fees.
C. Time Schedule and Fee
It is proposed that the Interim Development Impact Fee Report be presented for
City Council consideration within sLxty (60) days following the execution of this
agreement.
The fee for this project will be a fixed amount of $
D. Project Team Resumes
The project team resumes are attached.
BURKE. W~LLX~MS & SOX~ENSEN
April 17, 1990
Mr. F. D. Aleshire
City Manager
CITY OF TEMECULA
43172 Business Park Drive
Temecula, California 92390
Re: Public Facilities Fee Ordinance
Dear Frank:
This letter is intended to be both an introduction
and guide to Assembly Bill 1600 ("AB 1600") and Government
Code Section 66484 regarding the establishment and
imposition of development fees for construction of public
facilities, and an explanation of the enclosed ordinance
conditioning all future development on payment of public
facility fees. We will supplement and expand upon this
information as particular conditions arise, of course, but
we hope that this correspondence proves to be a helpful
introduction to the law as it applies to the City of
Temecuta.
I. AB 1600
(Government Code Section 66000 Et Seq.)
Following the United States Supreme Court decision
in Nollan vs California Coastal Commission, (1987) 483 U.S.
825, the California Legislature enacted AB 1600 which is
codified at Government Code Section 66000, et seq.. In
essence, Section 66001 requires cities to make certain
determinations before establishing, imposing or increasing
development fees. These required determinations compel a
city to articulate the purpose and use of purposed
development fees as well as the relationship between new
development and the need of the fees. More importantly, a
city is required to demonstrate that the amount of a fee
Mro F. D. Aleshire
April 17, 1990
Page 2
imposed upon an individual development is reasonably related
to the impacts caused by that development.
A. APPLICATION OF AB 1600.
Government Code Section 66001 states that "[i]n any
action establishing, increasing, or imposing a fee as a
condition of approval of a development project by local
agency on or after January 1, 1989, a local agency must do
all of the following:
1. Identify the purpose of the fee.
2. Identify the use to which the fee is to be
put. If the use is financing public facilities, the
facilities shall be identified. That identification may be
made in a capital improvement or circulation plan, or other
public documents that identify the public facilities for
which the fee is charged.
3. Determine how there is a reasonable relation-
ship between the fee's use and the type of development
project on which the fee is imposed.
4. Determine how there is a reasonable
relationship between the need for the public facility and
the type of development project on which the fee is imposed.
5. Determine how there is a reasonable
relationship between the amount of the fee and the cost of
the public facility or portion of the public facility
attributable to the development on which the fee is imposed.
1. "Fee."
For the purposes of Government Code Section 66001,
"fee" means a monetary exaction, other than a tax or
special assessment, which is charged to a development for
the purpose of defraying all or a portion of the cost of
public facilities. (Government Code Section 66000(b)) A fee
does not include: (1) fees charged in lieu of parkland
dedication pursuant to Government Code Section 66477
("Quimby Act Fees"); (2) fees for processing applications;
(3) fees collected pursuant to development agreement; or (4)
fees collected pursuant to a reimbursement agreement to the
Mr. F. D. Aleshire
April 17, 1990
Page 3
extent that those fees exceed the need for the public
facility attributable to the development.
2. "Public Facility.#
Development fees are generally limited to financing
the construction, expansion, and upgrade of public
facilities. (Government Code Section 66000(d)) Development
fees cannot generally be charged to offset the cost of
maintenance of public facilities. (Government Code Section
65913.8)
3. If a City makes the findings rec~/ired by
Government Code Section 66001 when it establishes or
increases a fee, is it recmired to make the same findings
for imposition of a fee on an individual Droiect?
The Legislative Counsel has issued an opinion
stating that Government Code Section 66001 requires local
governments to make the findings required by Government Code
Section 66001(1) not only at the time that a fee is
established, but also at the time that a fee is imposed.
(Legislative Counsel of California Opinion No. 18851,
July 20, 1988)
As a general rule, it should not be difficult
for the City to make Section 66001 findings at the time that
the City imposes a fee that has previously been
"established." The City should be able to simply readopt
the Section 66001(a) determinations made at the time that
the fee was established. However, sometimes, there may be a
project which warrants a fee greater or lesser than that
contemplated upon establish of the fee. In that case, new
and specific determinations should be considered.
II. BRIDGE AND MAJOR THOROUGHFARE FEES
In addition to the public facilities fees available
to the City under AB 1600, any new road fee that can be
imposed during the subdivision process should comply with
the bridge and major thoroughfare provisions of the
Subdivision Map Act.
Under Government Code Section 66484, a city may
require by ordinance the payment of a fee to defray the
actual or estimated costs of constructing bridges over
Mr. F. D. Aleshire
April 17, 1990
Page 4
waterways, railways, freeways, and canyons, or of
constructing major thoroughfares, as a condition to
subdivision map approval or issuance of a building permit.
The ordinance must refer to the circulation element of the
general plan (Govt C § 66484(a)(1)), and provide for
determining in a public hearing a fair method of allocating
costs and apportioning fees within the area to be benefited
(Govt C § 66484(a)(3)). Provision for filing protests by
the owners of a majority of the property in the area to be
benefited must also be included in the ordinance. Govt C §
66484(a)(6). Fees collected under the ordinance must be
deposited in a planned bridge facility or major thoroughfare
fund and may be expended only for construction of the
improvements. Govt C § 66484(e).
In addition, the local agency may impose a
reasonable charge on property within the area benefited by a
bridge or major thoroughfare to reimburse either the
subdivider or the local agency for construction of the
bridge or thoroughfare. Govt C § 66489. Conceivably, this
Section could be the basis for assessing existinq
developments, but I have never heard of it being used in
this manner.
III.
PROCEDURAL REOUIREMENTS FOR
ESTABLISHING PUBLIC FACILITIES
IMPACT FEE PROGRAM
Enclosed is a detailed outline of the steps that
should be taken in order to establish a public facilities
fee. In brief, the steps are as follows:
Prepare a Capital Facilities Plan establishing
a master plan of needed facilities at build-
out.
Prepare a "nexus" analysis establishing the
demand for new facilities created by new
developments, while deducting existing demand.
Reduce the new facilities to a dollar total,
deduct existing demand, and then divide the
total by the total number of units, square
feet or another appropriate measure of new
development.
Mr. F. D. Aleshire
April 17, 1990
Page 5
4. Example:
(a) 100 miles of arterials needed = $100M
(b)
Existing deficiency = 50 miles; that is,
new developments create demand for 50
miles = $50M. That figure can be further
apportioned to 60% commercial = 30 miles
= $30M, and 40% residential = 20 miles =
$20M.
(c)
At build-out, there will be 3,000,000
additional square feet of commercial M =
$10/sq ft. impact fee ($30M ~
3,000,000). There will also be 4,000,000
square feet of residential = $5 sq. ft
impact fee ($20M ~ 4,000,000).
IV. INTERIM PUBLIC FACILITIES ORDINANCE.
Developing the above of analysis is likely to take
considerable time, particularly in terms of allocating the
deficiencies between future and existing development. In
the meanwhile, a substantial number of building entitlements
will have been granted, and those projects will avoid paying
any fees. Consequently, I recommend adopting an interim
ordinance requiring that all persons presently pulling
building permits agree to pay any future public facilities
fees that the City ultimately establishes.
Enclosed in draft interim ordinances providing for
bridge and major thoroughfare, police station, civic center
fees, and non-residential park fees. Please note that all
persons pulling building permits will be required to post
security for the maximum amount of the future fees. This
will insure that the City will be able to collect the fee
once it is established. It will also insure the developer
that whatever fee ultimately paid will be fair.
The major provisions of the interim ordinance are
as follows:
The interim ordinance includes a maximum fee that
can be charged. Although this limit is not legally
required, it is very helpful in determining what
the security to be posted should be. I understand
Mr. F. D. Aleshire
April 17, 1990
Page 6
Willdan is already working on developing what the
fee should be.
Fees are levied to offset the cost of road
improvements, a police station, and a civic
center. Also, to complement the existing Quimby
(parkland) fee on residential development, a
parkland fee is levied on nonresidential
development.
Findings are included regarding the impact on
health and safety resulting from the various public
facility deficiencies. This finding is necessary
to impose the fees on vesting maps. This is likely
to be a highly controversial issue, involving a
significant risk of litigation.
However, it should also be noted that although
vesting maps are not subject to new regulations,
the County did include in its development
agreements exemptions to permit the imposition of
new regulations, including the following:
"Regulations imposing Development Exaction;
provided, however, that no such subsequently
adopted Development Exaction shall be
applicable to the Property unless such
Development Exaction is applied uniformly to
the development either throughout the COUNTY
or within a defined area of benefit that
includes the Property."
Because this contractual provision overrides the
protection of vesting maps, it makes it possible to
impose new fees on properties subject to
development agreements.
Lastly, one complication in adopting an impact fee
ordinance is taking into account the impact fees already
being collected. Obviously, any new fee program should only
be for public facilities not provided for in the existing
programs.
At this time, there are actually two fee programs
in place. First, pursuant to Riverside County Ordinance
Mr. F. D. Aleshire
April 17, 1990
Page 7
No. 659 (enclosed), all residential development in RSA 49
(Temecula) pays the following mitigation fees:
RSA 49 -
$1,157.00 Public Facilities Fee
$ 350.00 Regional Parkland and
Recreational Trails Fee
$ 260.00 Habitat Conservation and Open
Space Lank Bank Fee
Second, the development agreements provide for
higher fees, and further, that the County is to retain a
portion of such fees, even those collected after
incorDoration.
Apart from whether County retention of fees is
legal (and I find it very suspect), we must determine just
what the fees are for so that we can determine the actual
level of the City's deficiencies. The fact that additional
time must be taken to determine how the existing impact fees
are to be used further supports adopting an interim
ordinance to bridge the time until the final ordinance is
ready.
CONCLUSION
I hope the foregoing information provides a helpful
guide to the general requirements for the establishment and
imposition of public facilities and traffic fees. Should
you have any questions regarding any issues discussed in
this letter, please do not hesitate to contact me.
Sincerely,
Scott F. Field
City Attorney
CITY OF TEMECULA
sff/LTR15410
sff/LTR15410
PROCEDURAL REOUIREMENTS FOR ESTABLISHING
PUBLIC FACILITIES FEES.
A. Preliminary Analysis
Identify the reasons why the city wants to
establish, increase or impose the fee.
Identify the use to which the fee is to be
put.
(a) To construct certain new facilities.
(b) To rehabilitate certain types of public
facilities.
(c) To defray the cost of certain public
services.
(d) To defray the cost of specific community
amenities.
Is there a general or specific plan provisions
that specifies a required size, level or
prevalence of public facilities, services or
community or rehabilitation of the
improvements?
Is there an already adopted capital facilities
plan which indicates the need for the
improvements or contains a timetable for
construction ore rehabilitation of the
improvements?
Prepare a Capital Facilities Plan, refer to one already
created, or prepare a staff report that identifies the
purpose and use of the fee, and includes the following
elements:
A master plan of public facilities needed to
accommodate trend growth and build-out of
master plan.
Determinations and definitions of the level of
service or capacity required for each
facility.
-8-
sff/LTR15410
A needs analysis comparing the anticipated
required capacity of facilities with the
currently required capacity of facilities.
A deficiencies analysis comparing the existing
facilities with the currently required
capacity of facilities. Development fees
cannot be charged to mitigate existing
deficiencies not attributable to future
development.
A determination of the types of development to
which the fee will be applied.
A determination of the cost of the needed
facilities including administration and
financing costs.
The amount of the fee based on the need for
the public facility created by each type of
development.
C. Determine whether environmental review of the proposed
plan is necessary.
Prepare a Developer Fee Ordinance and Resolution. If a
fee is to established and imposed regularly upon a
variety of different developments, then an ordinance and
resolution containing the elements specified below
should be adopted.
Developer Fee Ordinance
1. Preliminary Elements.
(a) Purpose of the fee
(b) Findings as to need and use nexus
2. Definitions
(a) Identify the capital improvement plan or
other plan for the facilities.
(b) Define development project.
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Establish the developer fee.
Indicate when the fee is to be paid. Thus
for, example, payment at the building permit
stage for all development projects except
residential developments. (Government Code
Section 66007)
Provide a procedure to give fee credits for
required improvements.
Establish an appellate process.
Establish which projects "in the pipeline"
will be subject to the fee.
Developer Fee Resolution.
1.
2.
3.
4.
Title
Purpose
Section 66001(a) findings
Adoption of the capital improvement plan
5. Method of calculating the developer fee and
Section 66001(b) finding
6. Establish the amount of the developer fee for
each type of development
7. Provide for cost indexing.
The City should set a date that fees can first be
imposed after a "final action" on the fees. (Sixty days
minimum unless findings are made regarding the current and
immediate threat to the public health, safety and welfare.
(Government Code Section 65962))
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E. Notice and Hearinq
Government Code Section 65962 requires compliance with
the following conditions of Government Code Section
54992 before establishing a development fee:
At least one public meeting at which oral or
written presentations can be made.
Fourteen (14) day mailed notice to parties
which have requested such notice. The notice
shall contain the time and place of the
meeting, a general explanation of the matter
to be considered, and a statement of the
availability of the date described below in
subsection (3).
Data Indicating the estimated cost of the
facility and the revenue sources anticipated
to fund the facility must be available to the
public ten (10) days before the hearing.
For a bridge and major thoroughfare fee, additional
steps must be taken, including allowing for a majority
protest.
F. Post collection procedures.
Deposit fees collected for a particular public
facility into a separate account which shall
not be comingled with other monies except for
the purposes of temporary investment.
(Government Code Section 66006(a))
Commit money to a particular project upon
collection or during the budgeting process.
Make findings regarding the need for the fees
if the fees have not been expended or
committed within five years. (Government Code
Section 66001(d))
Refund the unexpended or uncommitted portion
of the fee if findings cannot be made
regarding the continuing need for the fees.
(Government Code Section 66001(e)
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Within 60 days of the close of each fiscal
year, for each separate account or fund
established, make available to the public the
following information:
(a) the beginning and ending balance for the
fiscal year;
(b)
the fee, interest, and other income
collected during the fiscal year;
(c)
the amount of expenditures from the
account, categorized by public facility;
and
(d)
the amount of refunds made during the
fiscal year pursuant to step 4.
(Government Code Section 66006(b)
The City must review the information complied
pursuant tot step 5 at the next regularly
scheduled public meeting not less than 15 days
after the information is made available to the
public. (Government Code Section 66006(b))
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APPLICATION
PRELIMINARY
DEVELOPMENT
REVIEW
COMMI I I
(PRE-DRC)
ADDITIONAL
INFORMATION
REQUESTED
PLANNING
DIRECTORS
REVIEW
21 50 Days
CiLy of Temecula
Generalized
Development Review Process
NOTICE OF
APPLICATION
COMPL'- I '-NESS
ENVIRONMENTAL REVIEW
AND
DF ~ ~-RMINATION
STAFF REPORT I
INITIATION
FORMAL
DEVELOPMENT
REVIEW
COMMI I I ~E
STAFF REPORT J
COMPLETION
PLANNING J
COMMISSION
'~ I
COUNCIL
Days
CITY OF TEMECULA
DEVELOPMENT REVIEW COMMITTEE
PROJECT TRANSMITTAL
DATE 5-t-
The attached project has been scheduled for the Development Review
co=ittee ~eeting o~ M~v I~, 199o at ~0 ~.~,
Your written comments or attendance is requested for that meeting
one week prior to this meeting.
The meeting will be held at:
City of Temecula
City Hall
43172 Business Park Drive
Temecula, CA 92390
If you have any questions regarding this project, please contact
the Planning Department at (714) 694-1989.
Proiect Information
Case No.:
Applicant:
Representative:
PRoposal:
Location:
AP #:
Case Planner:
Conditional Use Permit No. 1
James Ramsay
McGoldrick Engineering
Operate an RV sales and storage business on a
1.67 acre site. Place a 528 square foot
mobile unit on the site as an office.
On the east side of Jefferson Avenue between
Winchester Road and Overland Drive.
910-130-024
Mark Rhoades
Distribution:
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10.
Water District:
Temecula Valley Unified School Dist ict: ~i~- ~D5
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