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HomeMy WebLinkAbout080591 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING August 05, 1991 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Temecula, CA 92390 CALL TO ORDER: ROLL CALL: Chairman Hoagland Blair, Fahey, Ford, Chiniaeff Hoa91and, PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink uRequest to Speaku form should be filled out and filed with the Commissioner Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda 2. Minutes 2.1 Approval of minutes of July 1, 1991 Planning Commission Meeting. 2.2 Approval of minutes of July 15, 1991 Planning Commission Meeting. PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Plot Plan No. 226 (PP226) Mr. Sam McCann Southwesterly corner of Pauba and Margarita Road Construction of a commercial retail complex of 3 structures totalin9 27,150 +/- square feet on a 2.5 +/-Acre site. Charly Ray Approval Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location Proposal Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Change of Zone No. 15/Tentative Parcel Map No. 26q88 Mr. Jan Vanderwall Southeasterly corner of Walcott Lane and Calle Chapos Zone change from R-A 2-1/2 ( Residential-Agricultural 1 - I/2 acre minimum parcel size) to R-1-1 (Single Family Residential, 1 acre minimum parcel size) and subdivisions of 4.5 +/- acres into L~ parcels. Charly Ray Approval Television/Radio Antenna Ordinance City of Temecula City Wide An Ordinance establishing regulations for Television/Radio Antennas Oliver Mujica Continue to 8/19/91 Temporary Outdoor Activities Ordinance City of Temecula City Wide Ordinance establishing Regulationsfor Temporary Outdoor Activities. Oliver Mujica Continue Off Calendar Parcel Map No. 25059 Minor Change No. 1 Preferred Equities Ridge Park Drive, south west side approximately 70 feet east of its intersection with Rancho California Road. Modify or delete inappropriate engineering conditions. Steve Jiannino Continue to 8/19/91 Conditional Use Permit No. 28~6 - Revised Temecula Auto Wrecking and Towing u, 1910 "C" Street The applicant requests renewal of a Conditional Use Permit to operate an auto towing and wrecking service. Scott Wright Approval Public Use Permit No. 3 Ed Dufresne Ministries u, 17~3 Enterprise Circle North To operate a church and related facilities on weeknights and weekends at an existing commercial complex. Mark Rhoades Approval Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Change of Zone No. 18; and Specific Plan No. 219, Amendment No. 2 Sam McCann/Bedford Properties Southeast corner of Margarita Road and DePortola Road. Amend the boundary of the Paloma Del Sol (formerly the Meadows) Specific Plan to include planning area No. 36. Oliver Mujica Recommend Approval Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Tentative Tract Map No. 2~,172 Michael Lanni Eastside of Ynez Road between Pauba Road and Santiago Road Subdivide 5 acres into 8 Residential Parcels Richard Ayala Approval 12o Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Tentative Parcel Map No. 27018 The Holt Group. Inc. Southeasterly corner of Santiago and Ynez Roads. Subdivision of 7.72 gross acres into 3 parcels of 2.5+/- gross acres each in the R-A 2-1/2 acre zone. Charly Ray Approval 13. Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Plot Plan 235 Carol Dittmer Northside of Las Haciendas Street Between Front Street and Del Rio Road Class II dog Kennel, Cattery and Groomin9 Shop Richard Ayala Approval Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Tentative Tract Map No. 25q17 Bedford Properties Northeast of Highway 79, and Margarita Road. Subdivide u,1.2 acres into 6 multi-family residential lots and 2 open space parcels, within Planning Area No. 6 of the Meadows Specific Plan. Oliver Mujica Recommend Approval 15. Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Tentative Tract Map No. 2q183 Bedford Properties North of Highway 79, between Margarita and Butterfield Stage Road. Subdivide Ll8.8 acres into 155 single family residential lots; 3 open space parcels; and 1 park (1.6) acres), within planning area No. 5 of the Meadows Specific Plan. Oliver Mujica Recommend Approval 16. 17. Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No. Applicant: Location: Proposal: Case Planner: Recommendation: Tentative Parcel Map No. 25u,18 Bedford Properties Northeast of Highway 79, and Margarita Road. Subdivide 40.7 acres into 5 commercial lots and 9 open space parcels, within Planning Area No. 1 of the Meadows Specific Plan. Oliver Mujica Recommend Approval Variance No. 6 Superior Electrical Advertising, Inc. Northwest Corner of Jefferson Avenue and Overland Drive Variance in order to allow an additional freestanding sign display in lieu of the maximum allowed freestanding signs per Ord. 348. Richard Ayala Continue to 8/19/91 Planninq Director Report General Plan Update Planninq Commission Discussion Discussion of September Meetin9 Dates Other Business ADJOURNMENT Next meeting: August 19, 1991, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California SJ/Ib pc/AgnB/5 ITEM #1 ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING CO/OflSSION JULY 1# 1991 A regular meeting of the City of Temecula Planning Commission was called to order Monday, July 1, 1991, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula. The meeting was called to order by Chairman Dennis Chiniaeff. PRESENT: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff ABSENT: 0 COMMISSIONERS: None Also present were Planning Director Gary Thornhill, Lois Bobak for Assistant City Attorney John Cavanaugh, Deputy City Engineer Doug Stewart and Minute Clerk Gail Zigler. PUBLIC COrOfENT None COMMISSION BUSINESS 1. Approval of Agenda GARY THORNHILL advised that Item No. 7 would be continued to the meeting of August 5, 1991. COMMISSIONER HOAGLAND moved to Continue Item No. 7, Variance No. 6, to the meeting of August 5, 1991, seconded by COMMISSIONER FAHEY. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 2. Minutes 2.1 ApprOval of minutes of June 17, meeting 1991 Planning Commission COMMISSIONER FAREY moved to approve the minutes of June 17, 1991 as mailed, seconded by COMMISSIONER HOAGLAND. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None PCMIN7/01/91 -1- July 5, 1991 PLANNING COMMISSION MINUTES NON PUBLIC HEARING ITEMS JULY 1, 1991 Memorandum of Understanding with Ca1 Trans regarding access to Route 79. 3.1 Receive and file staff report. DOUG STEWART provided the staff report. PUBLIC HEARING ITEM8 4. CHANGE OF ZONE NO. 9/SUBSTANTIAL CONFORMANCE NO. 11 Proposal to amend zoning and issue substantial conformance to allow one four plex unit to exist in Planning Area 37 of SP 199. Located north of Rancho California Road, East of Margarita Road. OLIVER MUJICA provided the staff report. COMMISSIONER FORD questioned if the applicant was proposing to build duplexs in this planning area also. CHAIRMAN CHINIAEFF opened the public hearing at 6:15 P.M. BARRY BURNELL, 3242 Halliday Street, Santa Ana, representing the Buie Corporation, advised the Commission that when the plan was originally approved it allowed duplex and four-plex products in this planning area, the County changed their designations in an amendment to the plan and this area was overlooked. He added that in this particular planning area, it will only be the four-plex model that will be built. JIM RESNEY, 16935 West Bernardo Drive, San Diego, with the Buie Corporation, answered questions relating to condominium maintenance and the Homeowner's Association. COMMISSIONER FAHEY moved to close the public hearing at 6:25 P.M. and Direct staff to issue a Letter of Substantial Conformance for Planning Area No. 37, Specific Plan No. 199 and Adopt Resolution No. 91-(next) recommending approval of Change of Zone No. 9, seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None PCMIN7/01/91 -2- July 5, 1991 PLANNING COMMISSION MINUTES JULY 1, 1991 5. CHANGE OF ZONE NO. 15 el Proposal to change from R-A 2 - 1/2 to R-l-1 and subdivisions of 4.5 +/- acres into 4 parcels. Located at the southeasterly corner of Walcott Lane and Calle Chapos. Chairman Chiniaeff indicated a conflict of interest and turned the gavel over to Vice Chairman Ford. CHARLES HAY provided the staff report. VICE CHAIRMAN FORD opened the public hearing at 6:25 P.M. JAY VANDERWAL, 992 Carnation Avenue, Costa Mesa, applicant, expressed his concurrence with the staff report and Conditions of Approval. Mr. Vanderwal also stated that he concurred with the request by neighboring residents, Mr. & Mrs. Gorham, that there be no mobile homes allowed. VICE CHAIRMANFORD questioned the requirement of Condition of Approval No. 33. DOUG STEWART stated that there are some items that all residents participate in through the CSD. Commissioner Hoagland and Fahey expressed a concern for paved road access. COMMISSIONER HOAGLAND stated that he could support the Change of Zone if there were some sort of paved access out to the site. COMMISSIONER HOAGLAND moved to continue Change of Zone No. 15 to August 5, 1991 and offer the applicant the opportunity to work with staff for a suitable access plan, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff Chairman Chiniaeff returned to his seat. PCMIN7/01/91 -3- July 5, 1991 PLied~ING PLOT COMMIS8ION MINUTES JULY 1, 1991 PLAN NO. 226 (pp226) Proposal to construct a commercial retail complex of 3 structures totaling 27,150 +/- square feet on a 2.5 +/- acre site. Located at the southwesterly corner of Pauba and Margarita Road. CHARLES RAY provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 7:00 P.M. KEITH MCCANN, 43121 Margarita Road, Temecula, applicant, provided the Commission with a brief description of the project and answered various questions by the Commission. CHAIRMAN CHINIAEFF suggested that the applicant move the the trash enclosure adjacent to Building C to the left. Mr. Chiniaeff also stated that he had concerns with the elevations, and suggested that the applicant might work with staff to get the back of Building C to look more like the front. The applicant indicated that he could address both these issues with staff. COMMISSIONER FORD asked if the applicant had any problem moving the requirements for Conditions of Approval Nos. 66 and 67 to prior to the building permits be issued. The applicant indicated that they intend to do the street improvements first. ART PELRA, 43185 Margarita Road, Temecula, stated that when he purchased his property, he thought that it was all zoned R-R and spoke in opposition to the project. He stated that although the proposed tenants sounded good, he expressed a concern for the control of future tenants. KEITH MCCANN stated that when Mr. Pelka purchased his property, the commercial zoning was already in place for the proposed project. GARY THORNHILL commented that the CPS zoning controls what type of tenants can occupy the property. CHAIRMAN CHINIAEFF questioned the City Attorney on the Commission's options for controling the uses. PCMIN7/01/91 -4- July 5, 1991 PLANNING COMMIS8ION MINUTES JULY 1, 1991 Lois Bobak indicated that the Commission could initiate a process to change the zone or initiate a process to change individual requirements within the zone. CHAIRMAN CHINIAEFF expressed a concern for the steepness of the 1.1 slope, the architectural treatment to the rear of the buildings and recommended that staff review the landscape plans and upgrade from one to five gallon plants. COMMISSIONER FORD also expressed a concern for the 1.1 slope. GARY THORNHILL questioned if there was any concern for the site lay-out. CHAIRMAN CHINIAEFF indicated a concern for siting of Building B and it's relationship to the adjacent commercial property. COMMISSIONER FORD stated that staff should look at the shared access between the two adjacent commercial parcels referenced. COMMISSIONER FORD moved to continue Plot Plan No. 226 to August 5, 1991, to allow the applicant to work with staff to address the Commission's concerns, seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 7. VARIANCE NO. 6 Proposal for a Variance in order to allow an additional freestanding sign display in lieu of the maximum allowed freestanding signs per Ordinance 348. Continued to the meeting of August 5, 1991. 8. TENTATIVE TRACT 25277 AND ZONE CHANGE 5724 Proposal to change the zone from R-R to R-l, single family residential and to create 102 residential lots and seven open spaces. Located at the southwesterly side of Pechanga Creek abutting the easterly side of Temecula Creek Inn Golf Course. PCMIN7/01/91 -5- July 5, 1991 PLANNING CO],fi~ISSION MINUTES JULY 1, 1991 SCOTT WRIGHT provided the staff report. GARY THORNHILL advised the Commission that the applicant has worked very hard with staff in trying to configure the project to the land; however, there are still issues that need to be resolved (i.e. buffering of adjacent properties, the road system and access). CHAIRMAN CHINIAEFF opened the public hearing at 7:35 P.M. LARRY MARKHAM, Markham & Associates, 41750 Winchester Road, Temecula, representing the applicant, provided a presentation of the proposed project. RICK 8NYDER, 1021 West Bastanchurry, Fullerton, president of Acacia Construction, gave a brief history of the project and answered questions by the Commission. PEGGY QUERRY, 45161 Pala Road, Temecula, adjacent property owner, spoke in support of the project and advised that they would be willing to give Acacia access through their property for the project. The following individuals spoke in opposition to the proposed project, expressing concern for increased density, removal of oak trees, access, flood hazards, increased traffic on Pala Road bridge, safety of school children boarding buses on Via Gilberto: BOB OBLACHINSKI, 30954 Shaba Circle, Temecula. DON wMITE, 31109 Via Gilberto, Temecula. BOB COTA, 30959 Shaba Circle, Temecula. *Mr. Cota submitted a petition with approximately 200 signatures from area residents opposing this project. TOM MONTALDO, 46037 Clubhouse Drive, Temecula. JOE TER~3&ZAS, 31160 Lahontan, Temecula. HANK 8CHUDER, 31320 Via Eduardo, Temecula. JIM MALLON, 31424 Via Eduardo, Temecula. MORY MIKIA, 45788 Creekside Way, Temecula. JIM GARCIA, 45740 Palmetto Way, Temecula. PETER WANN, 31061 Via Gilberto, Temecula. KAREN LOCKLIN, 30861 Bardmoor, Temecula. VICKI CRAWFORD, 45735 Clubhouse, Temecula. JIM DITTMAN, 30875 Bardmoor, Temecula, KAREN ORELLANA, 31182 Saho Court, Temecula. STEVE CRAWFORD, 45735 Clubhouse, Temecula. JONATHON SEAL, 45544 Kimo Street, Temecula. PCMIN7/01/91 -6- JUly 5, 1991 PLANNING COMMISSION MINUTES JULY 1. 1991 RICK BUSENKELL, 30946 Shaba Circle, Temecula, spoke in opposition to the proposed development; however, spoke in support of the City purchasing the Querry land for park space. LETTIE BOGGS, representing the Temecula Valley Unified School District, stated that during the development review, the school district had requested that the applicant contact them regarding mitigation for the increased density of this development; however, they have not been contacted by the applicant to this date and therefore the school district would oppose the zone change. RICK SNYDER, stated that the project would not be proposed if they hadn't already been in contact with police, fire, etc. Mr. Snyder added that they did have "Will Serve" letters in place from sewer and water. LARRY MARKPj&M suggested that Conditions of Approval Nos. 4 and 74 be revised to read "Rainbow Canyon or Via Eduardo". Mr. Markham added that the applicant has retained an arborist on how to handle the transplanting of the oak trees and the applicant has also been conditioned for a follow-up traffic study. Mr. Markham concluded that the environmental assessment states that all the concerns can be mitigated to a level of insignificance. COMMISSIONER FAHEY stated that although she was pleased to see that the applicant had tried to protect the hills and trees, based on the infrastructure of the area, she could not support the request for change of zone. COMMISSIONER FORD expressed a concern for the project coming before the Planning Commission with so many unresolved problems. He added that he also had a concern with the higher density adjacent to the mountainous region, the bus stops, the flood control, and secondary access points. COMMISSIONER HOAGLAND expressed a concern for secondary access, buffering between this project and the property to the south. COMMISSIONER BLAIR stated her concerns were based on supply and demand. She added that she strongly opposed the grading and expressed a concern for the flood plain in this area. Ms. Blair also expressed a concern for the condition of the Pala Road bridge and the traffic PCMIN7/O1/91 -7- July 5, 1991 PLANNING COIO~ISSION HINUTES JULY 1, 1991 generated from this project. CHAIRMAN CHINIAEFF stated that he concurred with many of the concerns expressed by the Commissioners and also could not support a zone change at this time; however, he stated that the developer had a right to develop his land and felt that staff needs to to look at the overall development plan for this area. COMMISSIONER FAHEY moved to close the public hearing at 9:10 P.M. and continue Tentative Tract 25277 and Zone Change 5724 to the first meeting of September 1991, to allow staff to work with the applicant and address the concerns expressed by the Commission, seconded by COMMISSIONER HOAGLAND. .AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None CHAIRMAN CHINIAEFF declared a recess at 9:10 P.M. The meeting reconvened at 9:15 P.M. 9. OUTDOOR ADVERTISING DISPLAYS ORDINANCE 9.1 Proposal for interim ordinance establishing regulations for outdoor advertising displays city wide. OLIVER MUJICA provided the staff report. COMMISSIONER HOAGLAND suggested that exemptions should come before the Planning Commission. Attorney Lois Bobak suggested that Section 4 be amended to read as follows, "Not withstanding the provisions of this Ordinance, should any party believe that they would suffer a hardship if not permitted to build an outdoor advertising display, they may apply for an exemption to to this Ordinance to the Planning Department. A public hearing shall be scheduled before the Planning Commission who shall make a recommendation to the City Council. Such exemption may be granted by the City Council only after due notice and public hearing thereon." COMMISSIONER FANEY moved to Adopt Resolution No. P.C. 91 -[next) recommending adoption of the Amended Interim Outdoor Advertising Displays Ordinance, with the change PCMIN7/01/91 -8- JUly 5, 1991 PLANNING COMMISSION MINUTES tO the wording of Section 4., FORD. AYES: 5 COMMISSIONERS: JULY 1, 1991 seconded by COMMISSIONER Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 10. AMBIENT AIR BALLOON ORDINANCE 10.1 Proposal for ordinance establishing regulations for the use of Ambient Air Balloons city wide. OLIVER MUJICA provided the staff report. CHAIRMAN CHINIAEFF suggested that there be a reduction in the number of days from fifteen to ten. COMMISSIONER BLAIR moved to Adopt Resolution No. P.C. 91- (next] recommending adoption of the Ambient Air Balloon Ordinance, amending the number of days allowed from fifteen to ten days, seconded by COMMISSIONER HOAGLAMD. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None PLANNING DIRECTOR REPORT GARY THORNHILL advised the Commission of the following: * The consultant for the General Plan is currently working on gathering information, will be contacting each Commissioner to set up an interview appointment. , Trying to arrange a joint Planning Commission/City Council meeting for July 22 Or July 24. , Planning a General Plan kick-off meeting. * Interviewing for two senior planners as well as clerical positions. * Invited the Commission to come down to the new City Hall facility. PCMIN7/01/91 -9- July 5, 1991 pLANNING COMMISSION MINUTES JULY 1, 1991 PLANNING COMMI88ION DISCUSSION * COMMISSIONER FAHEY requested a presentation from the Parks and Recreation Department on the different designations. OTHER BUSINESS None ADJOURNMENT COMMISSIONER HOAGLAND moved to adjourn at 9:45 P.M., COMMISSIONER FORD. AYES: NOES: seconded 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff 0 COMMISSIONERS: None by The next regular meeting of the City of Commission will be held Monday, July 15, 1991, Vail Elementary School, 29915 Mira Loma Drive, Temecula Planning 6:00 P.M. at Temecula. Chairman Dennis Chiniaeff Secretary PCMIN7/01/91 -10- July 5, 1991 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION HELD JULY 15, 1991 A regular meeting of Temecula Planning Commission was called to order at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California at 6:06 PM, Chairman Dennis Chiniaeff presiding. PRESENT: 5 COMMISSIONERS: Blair, Chiniaeff, Fahey, Ford, Hoagland ABSENT: 0 COMMISSIONERS: None Also present were Planning Director Gary Thornhill, Assistant City Attorney John Cavanaugh, Deputy City Engineer Doug Stewart and City Clerk June Greek. PUBLIC COMMENT Basil Tallent, 30680 Santiago Road addressed the commission regarding the need to resolve a lot line adjustment for his property. COMMISSION BUSINESS ADDrOVal of AQenda Planning Director Gary Thornhill advised that due to inability of the Parks and Recreation staff to attend this meeting, he would recommend continuing item number 4, a discussion of the Quimby Act to the meeting of August 19, 1991. He also recommended continuing item number 9 to the meeting of August 5, 1991. It was moved by Commissioner Fahey, seconded by Commissioner Ford to approve the agenda as amended by the Planning Director. The motion was unanimously carried. 2 Minutes It was moved by Commissioner Hoagland, seconded by Commissioner Ford to table consideration of the minutes because the comm=ssion did not have sufficient time to properly review them. He asked that they be placed on the next agenda for approval. The motion was unanimously carried. 2/PCMins/071591 1 3 Election of Chairman and Vice Chairman It was moved by Commissioner Blair, seconded by Commissioner Fahey to nominate Commissioner John Hoagland for the office of Chairperson. Commissioner Ford placed the name of Commissioner Chiniaeff in nomination. Commissioner Chiniaeff declined the nomination. The motion was unanimously carried. Chairman Hoagland entertained nominations for the office of Vice Chairperson. It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to nominate Commissioner Linda Fahey to the office of Vice Chairperson. The motion was unanimously carried. 4 Quimbv Act Continued to the meeting of August 19, 1991. 5 Chanoe of Zone No. 17 and First Extension of Time Vesting Tentative Tract MaD NO. 23125 The staff report was presented by Steve Jiannino. Commissioner Chiniaeff questioned the maximum height of the slopes proposed and asked who would have maintenance responsibility for these slopes. Staff advised that the slopes range from 30 to 60 feet and that ultimate maintenance responsibility has not been determined. Commissioner Ford expressed concern with the lack of information regarding the parks dedications proposed. Chairman Hoagland opened the public hearing at 6:22 PM. Dave James, representing Ranpac Engineering, 24727 Enterprise Circle West, representing the applicant stated that the applicant agrees with the conditions of approval and advised that the map is conditioned to allow for the Quimby fees to be negotiated at the time the design development guidelines are addressed prior to recordation of the final map. Commissioner Chiniaeff again outlined his concerns regarding the maintenance of the slopes which are shown to be on private residential parcels. Planning Director Thornhill suggested that a homeowners association be required for this purpose. Mike Gray, Riverside County Fire Department, stated that the County's slope maintenance program is very difficult to administer where individual private parcels are involved. He advised that in some instances the problems have been unsolvable. 2/PCMins/071591 2 6 In response to a question from Commissioner Fahey, Assistant City Attorney John Cavanaugh advised that if a homeowners association is in place and is given the responsibility to properly maintain the slopes, the association should require that an easement be granted which allows them access to the private property. It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to continue the public hearing on this matter to the meeting of August 19, 1991, with direction given to staff to 1 ) work with the developer on the design with the goal of reducing the severe slopes, 2) to condition the project to require a homeowners association, and 3) to work with the Community Services Department on the matter of slopes dedications and the acceptability of the proposed park site. The motion was unanimously carried. Aooeal No. 15 Steve Jiannino presented the staff report outlining the proposed sign location above the roof of the adjoining suite. Chairman Hoagland opened the public hearing at 6:45 PM. It was moved by Commissioner Fahey, seconded by Commissioner Ford to close the Public Hearing at 6:45 PM and to adopt a resolution entitled: RESOLUTION NO. 91-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING APPEAL NO. 15, ADMINISTRATIVE PLOT PLAN NO. 91, TO INSTALL AN APPROXIMATELY 111 SQUARE FOOT SIGN ABOVE AN EXISTING ROOF LOCATED ON THE NORTHWEST CORNER OF JEFFERSON AVENUE AND OVERLAND DRIVE AND KNOWN AS 27425 JEFFERSON AVENUE. The motion carried by the following vote: AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None 7 Chanae of Zone 16 The staff report was presented by Steve Jiannino. Chairman Hoagland opened the public hearing at 6:51 PM. 2/PCMins/071591 3 Edward J. Nagee, representing the applicant spoke in favor of the approval and advised that the proposed use is a family style restaurant. It was moved by Commissioner Fahey, seconded by Commissioner Blair to close the public hearing at 6:53 PM and to: 7.1 Adopt a negative declaration for Change of Zone No. 16; and 7.2 Adopt a resolution entitled: RESOLUTION NO. 91-69 A RESOLUTION OF THE TEMECULA PLANNING COMMISSION RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 16 CHANGING THE ZONE FROM R-R TO C-P-S ON PROPERTY LOCATED AT 27628 JEFFERSON AVENUE AND KNOWN AS ASSESSOR'8 PARCEL NO. 910-130-026 The motion carried by the following vote: AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None 8 Plot Plan No. 225 The staff report was presented by Steve Jiannino. He responded to a question from Commissioner Blair stating the use proposed is warehousing of both furniture and carpet. Commissioner Chiniaeff express concern with the parking ratios allowed, particularly if the use should change in the future. Chairman Hoagland opened the public hearing at 7:03 PM. Carl Los, 840 Columbia Avenue, Brae, the architect representing the owner, explained that the use will be for a developer's showroom. Commissioner Blair questioned if the existing parking ordinance could be amended. Planning Director Thornhill advised that it is likely the existing ordinance will be scrapped when the general plan is developed. It was moved by Commissioner Ford, seconded by Commissioner Fahey to close the Public Hearing at 7:04 PM and; 2/PCMins/071591 4 8.1 8.2 Adopt a negative declaration; Adopt a resolution entitled: RESOLUTION NO. 91-70 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 225 TO PERMIT CONSTRUCTION OF A TWO STORY WAREHOUSE WITH SALES/DISPLAY AREA LOCATED ON THE WESTERLY SIDE OF ENTERPRISE CIRCLE NORTH APPROXIMATELY 380 FEET WEST OF THE SOUTHERLY INTERSECTION OF ENTERPRISE CIRCLE NORTH AND WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL 909-281- 004. 9 Parcel MaD NO. 25059 Minor Chanae No. 1 Chairman Hoagland opened the public hearing at 7:08 PM. There were no speakers in favor or in opposition. Tt was moved by Commissioner Blair, seconded by Commissioner Fahey to continue the Public Hearing to the meeting of August 5, 1991. The motion was unanimously carried. 10 Directional SiQn Ordinance The staff report was introduced by Steve Jiannino. Planning Director Gary Thornhill advised the Commission that the staff recommends this program to help alleviate the proliferation of paper directional signs which are placed on all of the major city streets. Chairman Hoagland opened the public hearing at 7:14 PM .Mike Wilson, owner of Temeka Signs, spoke favor of the City's adopting this type of program. Frank Gootrad, 28765 single Oak Drive, president of Temecula Homebuilders Association, spoke in favor of the program and outline several concerns the homebuilders association has regarding the interpretation of the "immediate vicinity of street intersection" and the suggested penalties for violations of the ordinance. Commissioner Chiniaeff suggested that the maximum allowed signs be established for each subdivision rather than limiting them to only two signs. He also stated he would like to see some public directories included such as to libraries, City Hall, etc. 2/PCMins/071591 5 Commissioner Ford agreed that the number of locations should be dictated by the need to direct traffic to the projects. He also stated the definition of intersection should be clarified. It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to refer this to staff to address the concerns addressed by the Commission and to continue the Public Hearing to the meeting of August 19, 1991. The motion was unanimously carried. 11 Temnorarv Outdoor Activities Ordinance It was moved by Commissioner Fahey, seconded by Commissioner Ford to continue the Public Hearing to the meeting of August 5, 1991. The motion was unanimously carried. PLANNING DIRECTORS REPORT Planning Director Gary Thornhill reported that a joint meeting of the City Council and Planning Commission has been scheduled for Monday, July 22, 1991, at 7:00 PM to be held in the Performing Arts Room at the Temecula Valley High School. The purpose of this meeting will be to conduct a general plan workshop. He also reported that it is staff's intention to begin working on an interim sign ordinance and that the City is actively recruiting for permanent, full-time Planning staff. ADJOURNMENT It was moved by Commissioner Ford, seconded by Commissioner Chiniaeff, to adjourn the meeting at 7:44 PM, to a joint meeting to be held on Monday, July 22, 1991 at 7:00 PM at the Temecula Valley High School, 31555 Rancho Vista Road, Temecula, CA 92390. The motion was unanimously carried. John Hoagland, Chairman ATTEST: Gary Thornhill, Secretary 2/PCMins/071591 6 ITEM #3 MEMORANDUM TO: FROM: DATE: SUBJECT: City Planning Commissioners Gary Thornhill, Planning Director August 5, 1991 Plot Plan No. 226, Pauba and Margarita Commercial Center, Amendment No. 1 On July 1, 1991, the City Planning Commission continued the public hearing for Plot Plan No. 226 to their regularly scheduled hearing of August 5, 1991. In their deliberation of the project prior to the motion for continuance, the Commission expressed concern regarding four primary issues as listed below. Following each issue identified by the Commission is a summary statement of the applicant's response to that issue. ISSUE 1: Provide additional information clarifying proposed gradients/slope work and adjacent off-site drainage improvements affecting the project site's southerly slope. Specifically, indicate how the proposed 1:1 slope will be constructed and landscaped. Demonstrate slope stability as well as slope aesthetics. Also provide details on how this proposed slope will interface with the planned 51~" R.C.P. drainage outlet to be sited immediately adjacent and to the south. RESPONSE 1: a) The applicant, project architect and project engineer met with City Staff on Wednesday, July 10, 1991, to discuss details of proposed gradients and slope stabilization technologies. As described by the applicant, the overall intent of the slope construction methodology proposed is to allow development of the property in an economically feasible manner, while eliminating the need for large scale retaining wall structures along the project slte's southerly property line. In the course of ensuing discussions, the applicant has demonstrated the structural feasibility of the slope proposed to the satisfaction of the Public Works Department, and has clarified how the slope is to be landscaped subsequent to construction. The slope stabilization methodology proposed is as described graphically and narratively in Exhibit M-1. Landscaping of this slope is to be achieved utilizing a hydroseed technique employing drought tolerant ground cover mix as described below: The following information is provided to describe in greater detail the intended landscape treatment of the 1: 1 slope behind Building "C" of Plot Plan No. 226. A:PP226.MEM r:~ty Planning Commissioners ,~ugust 5, 1991 Page 2 The intended plant material used on the slope will be low growing with characteristics of spreading and self-propagation. The ultimate selection of plant material will depend upon lowest need for irrigation and actual need for maintenance involving human presence on the slope itself. The objectives of plant selection for the 1:1 slope are: a) Erosion protection/control; b) drought tolerance/low irrigation requirements; c) low upkeep/maintenance requirements; d) aesthetic enhancement, Three types of plants meeting these objectives are recommended: Creeping Saltbush ( Atriplex semibaccata ) is a natural/zed Iow-growlng, spreading perennial groundcover with small, simple gray-green leaves which will form a dense mat. Atriplex semibaccata will reach about six to eight inches in height and spread two to five feet. Atriplex semibaccata has proven to be an easy to establish drought-tolerant and fire-resistant groundcover for both coastal and inland environments. It adapts to most soil types and has a deep root system that provides excellent soil stabilization. It is easily established with minimal irri9atlon or rainfall. Creeping Saltbush is tolerant of a wide range of soil conditions including alkalinity and salt. Atriplex semibaccata grows without supplemental irrigation. This plant is suggested for its prolific root structure. Zorro Annual Fescue (Vulpia myuros). Zorro is a short, aggressive, early-maturing, cool season, annual grass with many fibrous roots. It has excellent seeding vigor, and emerges in full very soon after the first rain. It matures to seed earlier than most annual grasses, assuring perpetuation. It can tolerate many soil problems includln9 acidity, serpentine, and low fertility. Due to its exceptional seeding vigor and early growth, Zorro is an excellent choice for obtaining fast cover with minimal seedbed preparation and survives with as little as ten inches of annual rainfall. A:PP226.MEM City Planning Commissioners August 5, 1991 Page 3 Zorro has the best root-to-shoot growth ratios of all the popular revegetation species. This means that a great percentage of its total dry weight occurs in the form of fibrous roots. These roots provide the optimum in soil retention. At the same time, the wispy top growth of Zorro allows sunlight to penetrate the soil - encouragin9 the re-establishment of surrounding native species. This plant is suggested for its cover capability and variety. Plantain (Plantago isularis). Plantain is a spreading annual plant with slender leaves emanating near the 9round level with flowers upon slender stems. This plant will 9row six to ten inches and spread six to twelve inches. This native plant grown generally along the Southern California coast and inland to desert slopes including Death Valley, and is recommended for its quick growth and low water requirements. Plantain disappears after flowering but is recommended for quick erosion control. All of these plants may be seeded on the proposed 1:1 slope by hydroseedln9 application. They are deep rooting, require less water, and may be applied to the entire slope at one time. Additional flowering plant seed may be added to the slope once the suggested erosion control planting mix has become established. As regards to drainage improvements along the project site~s southerly boundary, the proposed drainage outlet structurel s) will be incorporated within the design of the planned slope discussed above. Preliminary drainage improvement plans have been reviewed by, and are conceptually acceptable to, the City Public Works Department. A: PP226. MEM City Planning Commissioners August 5, 1991 Page 4 ISSUE 2: Rear facing architectural facades of proposed Buildings "B" and "C" should incorporate design aspects exhibited on the project's street frontage exposures, e.g., provide additional arch relief(s) and continue tower element treatments to include southerly and westerly tower faces. RESPONSE2: a) Additional facade relief features, i.e., shaded archways, are incorporated in the rear elevations of proposed Buildings "B" and "C". Fully articulated roof lines of tower elements for all structures is also proposed. Reference Exhibit M-2. ISSUE 3: Realizing the significance of the project site's major street intersection location, provide additional site enhancement features, e.g., further berming of landscaped street frontages, widen frontage landscaping and provide defined pedestrian walkway features accessing the site. RESPONSE3: a) The applicant proposes a meandering walkway along the project site's Margarlta Road frontage, providing defined pedestrian access, additional visual interest and opportunities for landscape enhancement and variation as indicated in Exhibit M-3. Widening of this landscaped area is also realized by 9 minor westerly shift in proposed structural sitings. Areas of stamped concrete paving provide further visual and textural enhancement. Reference also Exhibit M-3. ISSUE 4: Additional, significant landscaping appears appropriate as buffering and project site definition elementl s ) along the proposal's southerly and westerly property lines. RESPONSE4 a) Plant sizings have been increased along the project slte's westerly property line. Hydroseeding of the southerly facing slope is proposed as referenced in Item No. 1, above. See also Exhibit M-3. In summary, Staff finds the revisions proposed an acceptable response to the Commlssion's concerns enumerated above, and recommends the City Planning Commission approve the amendments proposed. Staff further recommends that the City Planning Commission: ADOPT the Negative Declaration for Plot Plan No. 226, Amendment No. 1; and ADOPT Resolution 91- approving Plot Plan No. 226, Amendment No. 1, based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. A: PP226. MEM City Planning Commissioners August 5, 1991 Page 5 Minutes of the July 1, 1991 Planning Commission hearin9 for this item as well as the original Staff Report are included for clarification and reference. CR:ks A:PP226.MEM City Planning Commissioners August 5, 1991 Page 6 PLOT PLAN NO. 226: EXHIBIT M-1 DISCUSSION OF PROPOSED GRADING/SLOPE STABILIZATION A significant portion of the subject site is depressed below the level of Margarlta and Pauba Roads. In preparing plans to maximize potential building pad area{ s) at the southerly portion of the site, it was noted that a standard 2:1 slope could be employed, utilizing accepted engineering and grading slope stabilization technology, and construction methods. However, if buildings were to be sited as planned, and standard slope construction methods were utilized, a large retaining wall in excess of 18 feet in height would necessarily result at the toe of the proposed slope. This retaining wall would be a significant structure both visually and in its importance as the only protection for the slope behind Building "C". An alternate solution was sought to reduce the size of the wall and insure greater slope stability. A 1: 1 slope was examined. {See the plate: "Comparison of 1:1 and 2:1 Slopes". The proposed 1: 1 slope will significantly reduce the height of the required retaining wall referenced previously. However, a slope steeper than 2:1 requires some structural support to protect it from sliding failure. {See plate: "1:1 Slope Unreinforced" ), the unreinforced 1:1 slope will place active earth pressure on the back of a retaining wall and have a fairly small failure surface close to the slope which may be unstable. The objective of current civil engineering planning is to push the potential failure surface further into the soil behind the slope where it is less likely to slide. This is represented by the dashed llne. One method of reinforcing a 1: 1 slope is to employ a geogrid material within the soil mass. This grid does for common soil what placing sand in bags does. The sand will not stand alone, but when placed in bags it can be stacked. The geogrid will provide the following benefits: Push the potential failure surface back where it possesses a higher factor of safety against sliding. Remove active earth pressure from the wall at the base. In fact the wall will act as nothing more than a facing; providing in this case, armor against flowing water adjacent to the site. Lessen the required wall height at the toe of slope and thus reduce its visual impact. Provide a slope which is not dependent upon the wall at its base, thereby reducing the structural importance of a large wall which may experience intermittent minor failures over the life of the project. ~ See the last plate: "1:1 Slope Reinforced~. ) CR/C;T:ks A: PP226. MEM _J // t r ~ pLANNING 6 · PLOT COMMIS8ION MINUTES JULY 1, 1991 PLAN NO. 226 (pp226) Proposal to construct a commercial retail complex of 3 structures totaling 27,150 +/- square feet on a 2.5 +/- acre site. Located at the southwesterly corner of Pauba and Margarita Road. CHARLES HAY provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 7:00 P.M. KEITH MCCANN, 43121 Margarita Road, Temecula, applicant, provided the Commission with a brief description of the project and answered various questions by the Commission. CHAIRMAN CHINIAEFF suggested that the applicant move the the trash enclosure adjacent to Building C to the left. Mr. Chiniaeff also stated that he had concerns with the elevations, and suggested that the applicant might work with staff to get the back of Building C to look more like the front. The applicant indicated that he could address both these issues with staff. COMMISSIONER FORD asked if the applicant had any problem moving the requirements for Conditions of Approval Nos. 66 and 67 to prior to the building permits be issued. The applicant indicated that they intend to do the street improvements first. ART PELKA, 43185 Margarita Road, Temecula, stated that when he purchased his property, he thought that it was all zoned R-R and spoke in opposition to the project. He stated that although the proposed tenants sounded good, he expressed a concern for the control of future tenants. KEITH MCCANN stated that when Mr. Pelka purchased his property, the commercial zoning was already in place for the proposed project. GARY THORNHILL commented that the CPS zoning controls what type of tenants can occupy the property. CHAIRMAN CHINIAEFF questioned the City Attorney on the Commission's options for controling the uses. PCMINT/01/91 -4- July 5, 1991 PLANNING COMMISSION MINUTE8 JULY 1, 1991 Lois Bobak indicated that the Commission could initiate a process to change the zone or initiate a process to change individual requirements within the zone. CHAIRMAN CHINIAEFF expressed a concern for the steepness of the 1.1 slope, the architectural treatment to the rear of the buildings and recommended that staff review the landscape plans and upgrade from one to five gallon plants. COMMISSIONER FORD also expressed a concern for the 1.1 slope. GARY THORNHILL questioned if there was any concern for the site lay-out. CHAIRMAN CHINIAEFF indicated a concern for siting of Building B and it's relationship to the adjacent commercial property. COMMISSIONER FORD stated that staff should look at the shared access between the two adjacent commercial parcels referenced. COMMISSIONER FORD moved to continue Plot Plan No. 226 to August 5, 1991, to allow the applicant to work with staff to address the Commission's concerns, seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None VARIANCE NO. 6 Proposal for a Variance in order to allow an additional freestanding sign display in lieu of the maximum allowed freestanding signs per Ordinance 348. Continued to the meeting of August 5, 1991. 8. TENTATIVE TRACT 25277 AND ZONE CHANGE 5724 Proposal to change the zone from R-R to R-l, single family residential and to create 102 residential lots and seven open spaces. Located at the southwesterly side of Pechanga Creek abutting the easterly side of Temecula Creek Inn Golf Course. PCMIN7/01/91 -5- July 5, 1991 PLANNING 6. PLOT 6.1 COMMISSION MINUTES JULY 1# 1991 pLAN NO. 226 (pp226) Proposal to construct a commercial retail complex of 3 structures totaling 27,150 +/- square feet On a 2.5 +/- acre site. Located at the southwesterly corner of Pauba and Margarita Road. CHARLES HAY provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 7:00 P.M. KEITH MCCANN, 43121 Margarita Road, Temecula, applicant, provided the Commission with a brief description of the project and answered various questions by the Commission. CHAIRMAN CHINIAEFF suggested that the applicant move the the trash enclosure adjacent to Building C to the left. Mr. Chiniaeff also stated that he had concerns with the elevations, and suggested that the applicant might work with staff to get the back of Building C to look more like the front. The applicant indicated that he could address both these issues with staff. COMMISSIONER FORD asked if the applicant had any problem moving the requirements for Conditions of Approval Nos. 66 and 67 to prior to the building permits be issued. The applicant indicated that they intend to do the street improvements first. ART PELKA, 43185 Margarita Road, Temecula, stated that when he purchased his property, he thought that it was all zoned R-R and spoke in opposition to the project. He stated that although the proposed tenants sounded good, he expressed a concern for the control of future tenants. KEITH MCCANN stated that when Mr. Pelka purchased his property, the commercial zoning was already in place for the proposed project. GARY THORHILL commented that the CPS zoning controls what type of tenants can occupy the property. CHAIRMAN CHINIAEFF questioned the City Attorney on the Commission's options for controling the uses. PCMINT/01/91 -4- July 5, 1991 PLYING COMMISSION MINUTES JULY 1, 1991 Lois Bobak indicated that the Commission could initiate a process to change the zone or initiate a process to change individual requirements within the zone. CHAIRMAN CHINIAEFF expressed a concern for the steepness of the 1.1 slope, the architectural treatment to the rear of the buildings and recommended that staff review the landscape plans and upgrade from one to five gallon plants. COMMISSIONER FORD also expressed a concern for the 1.1 slope. GARY THORNHILL questioned if there was any concern for the site lay-out. CHAIRMAN CHINIAEFF indicated a concern for siting of Building B and it's relationship to the adjacent commercial property. COMMISSIONER FORD stated that staff should look at the shared access between the two adjacent commercial parcels referenced. COMMISSIONER FORD moved to continue Plot Plan No. 226 to August 5, 1991, to allow the applicant to work with staff to address the Commission's concerns, seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 7. VARIANCE NO. 6 7.1 Proposal for a Variance in order to allow an additional freestanding sign display in lieu of the maximum allowed freestanding signs per Ordinance 348. Continued to the meeting of August 5, 1991. 8. TENTATIVE TRACT 25277 AND ZONE CHANGE 5724 Proposal to change the zone from R-R to R-l, single family residential and to create 102 residential lots and seven open spaces. Located at the southwesterly side of Pechanga Creek abutting the easterly side of Temecula Creek Inn Golf Course. PCMIN7/01/91 -5- July 5, 1991 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 1, 1991 Case No.: Plot Plan No, 226 (PP 226) Prepared By: Charles Ray Recommendation: The Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Plot Plan No. 226; and ADOPT Resolution 91- approving Plot Plan No. 226; based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Mr. Sam McCann Beck-Moffet Associates Request to construct a commercial retail complex of 3 single-story structures totaling 27,150+/- square feet on a 2.5+/- acre site. Southeasterly corner of Pauba and Margarita Roads. C-P-S (Scenic Highway Commercial) North: R - R South: R- R East: SP West: C-P-S ( Rural Residential ) ( Rural Residential ) ( Specific Plan - Margarita Village - Residential ) (Scenic Highway Commercial ) C-P-S (no change proposed in conjunction with this project) Vacant/scrubbed (evidence of previous land fill activities ) A: PP226 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: North: South: East: West: Vacant, Natural Vegetation Vacant, Natural Flood/Drainage Channel Specific Plan Residential Uses/Under Construction Vacant/Disturbed Vegetation Site Area: Building Area: 3.45 acres (gross)(150,282 sq.ft. ) 2.53 acres (net)(110,206.8 sq.ft. ) Building "A" 3,110+/- sq.ft. Building "B" 12,410+/- sq.ft. Building "C" 11,630+/- sq.ft. Total 27,150+/- sq.ft. Building Coverage/ Net Site Area: Parking Provided: 24.6% Automobile Spaces: 135 Loading Zones: 3 Bicycle Racks: 9 Plot Plan No. 226 was submitted to the City of Temecula Planning Department on March 6, 1991. The proposal was considered by the City Development Review Committee ( DR C ) on a preliminary basis on April 11, 1991. Primary design/informational issues identified by the City DRC at that time were as follows: Additional landscaping adjacent to, and architectural articulation of, southerly and easterly facing building elevation was requested in order to mitigate the visual impacts of the initial design of these structures. Proposed landscaping and parking lot shading, as originally submitted, was insufficient in area coverage as specified by City ordinance. Compliance with adopted planting standards and schedules was requested. Minor architectural features such as utility fixture/trash enclosure should incorporate building materials similar to those proposed for the project's primary structures. Articulated landscape berming (minimum of 3 feet in height) was requested as a means of street scene enhancement along the project's Pauba and Margarita Road frontages. A:PP226 2 Further identification and enhancement of project entrances was suggested. Possible design elements accomplishin9 this might include textured pavers in, and placement of. large boulders or landscape planters adjacent to the project site entrances. The City Engineer requested additional information and detail regarding proposed grading and drainage improvements. Further, proposed building "C" as originally designed did not provide adequate rear areas for pedestrian ingress/egress to this structure's rear doorways initially proposed. This latter concern was reiterated by the DRC's Riverside County Fire Department representative. A site specific traffic study was deemed necessary in order to identify project traffic impacts and appropriate mitigation. Minor driveway and parking reconfiguration/ redesign was requested. The initially proposed drive width improvements accessing Pauba Road were considered inadequate and were specified by the City Transportation Engineer to be 30 feet minimum width with full improvements. Additionally, it was suggested that the applicant reconsider proposed locations of loading zones and handicap accessible parking spaces, minimizing potential internal site traffic circulation conflicts. Riverside County Fire Department concerns generally focused on proper site circulation and access requirements for emergency vehicles. Specifically, the drive accessing Pauba Road was specified to be fully improved as referenced in #8 above. Further, the proposed openings at the rear of Building "C" would require not only wider pedestrian access, but full-width improvements allowing for ingress/egress by emergency vehicles as well. Alternatively, it was suggested proposed rear door openings be removed. A:PP226 3 ANALYSIS: Applicant responses, including proposed design solutions to the above referenced issues are contained in the following project analysis. Land Use and Architectural Compatibility The proposed use is identified as one of those allowed under the subject site's current zoning designation of Scenic Highway - Commercial ( C-P-S ) ( Reference Exhibit B ). Further, as the surroundin9 properties are currently vacant, the City has the opportunity to ensure compatibility of this project's architectural design with future development through architectural review of additional projects which may eventually be constructed in the vicinity of Plot Plan No. 226. Materials and design elements proposed by the applicant are considered compatible with the design guidelines currently observed by the City. As such, the project is considered compatible with current development standards and ordinances affecting the proposal site and neighboring properties. Proposed landscaping as currently indicated provides additional aesthetic enhancement to the site and adjacent street. Planting and irrigation schemes are in keeping with City policies regardin9 water conservation and use of drought-tolerant vegetative species. Installation of proposed landscaping will be secured by means of bonding adequate to cover costs of landscape installation plus one (1) year maintenance. Actual installation time(s) of proposed landscaping is contingent upon weather conditions and irrigation water availability. Site Access The site is currently accessible by Margarita and Pauba Roads, both of which will be improved to their designed half-width standards adjacent to this proposal as a condition of project approval ( reference PP 226, Conditions of Approval Attachment No. 3 }. Project related traffic impacts as documented by the traffic study submitted by the applicant, are mitigated by signalization and public facilities fees, also specified in the attached Conditions of Approval. ( Reference also Attachment No. 5 - "Fee Checklist". ) A:PP226 LI Access into the site proper is provided by 2, two- way drives, one each accessing adjacent road frontages. As revised, the Pauba Road drive access will be improved to its full design width of 30 feet. The location of this drive, which is bisected by the project site's westerly property line, also provides for shared access to anticipated commercial development immediately to the west, thereby reducing exit/entrance trips between sites utilizing Pauba Road as their primary access. Parkinq and On-Site Circulation Current auto and bicycle parking ratios planned for this proposal are considered adequate to support parking demands based on the variety of allowable occupancies. Significant change in proposed occupancies will mandate site/user-specific park ing demand analyses with corresponding modifications to vehicle parking provisions if deemed necessary. The applicant has also incorporated design allowances facilitating future shared access between the property in question and the westerly adjacent parcel as discussed previously. Shared access is graphically portrayed in Exhibit D. Proposed easement documentation/agreements and drive construction plans for this site access point have been reviewed by the City Engineering Department and are considered acceptable. Alternative trash enclosure and loading zone locations which might facilitate traffic circulation within the project site were also investigated by the applicant. The loading zone and enclosure locations currently indicated by Exhibit D are considered appropriate by the proposaPs prospective tenants as well as the affected trash pick-up service and the City Engineering Department. Access to the rear of proposed Building "C". as revised, allows for adequate emergency vehicle response capabilities as required by the Riverside County Fire Department. As a corollary, pedestrian access at the rear of this building has also been redesigned to eliminate potential conflicts with rear door openings. Guard railings indicated along the walkway at the rear of the structure reduce the possibility of accidental falls down the abutting slope to the north. Railings as designed are in accordance with applicable City and Uniform Building Code Standards. A:PP226 5 GENERAL PLAN AND SWAP CONSISTENCY: Gradinq and Drainaqe As redesigned and specified, proposed on-site drainage improvements are considered adequate to convey 100 year storm discharge volumes. Design modifications initiated by the applicant also included relocation and redesign of proposed off-site drainage structures adjacent to the northerly property boundary of the subject site. Changes in the project's original grading plans, as initiated by the applicant, included a significant gradient ratio increase (2:1 originally proposed vs. 1:1 currently indicated) in the site's northerly facing slope. The proposed change is realized primarily through incorporation of recently available slope stabilization technology commonly known as "Mirafi". As a result of the increased slope stabilization achieved through use of this material, the retaining wall indicated at the toe of the slope referenced has been reduced in scale from a maximum height originally planned at approximately 16'+/- to that currently indicated of approximately 3'-6'. Scale reduction in the proposed retaining wall lessens overall project visual impacts, often associated with construction of massive retaining walls. Specifications of materials and construction methodologies proposed have been reviewed by the City Engineering Department and are considered appropriate for this project's design requirements. Easements allowing for construction and maintenance of all proposed off-site grading and drainage improvements, acceptable in content and format to the City Engineer, will be secured by the applicant prior to issuance of grading/building permits. The project, as proposed, conforms with existing zoning ordinances affecting the subject property. and is compatible with Southwest Area Plan (SWAP) land use recommendations for the site (Reference Exhibit C) . As discussed previously, the proposal is also compatible with existing and anticipated development in its immediate vicinity. As such, it is likely Plot Plan No. 226 will be consistent with the City~s General Plan recommendations for the property in question, upon the Plan's final adoption. A:PP226 6 ENVIRONMENTAL DETERMINATION: FINDINGS: Pursuant to applicable portions of the California Environmental Quality Act (CEOA}, an Initial Environmental Assessment was prepared for Plot Plan No. 226. Based on findings contained in that assessment, it was determined the project in question will not have a significant impact on the built or natural environment; a Negative Declaration of potential environmental impacts is recommended for adoption. There is a reasonable probability that Plot Plan No. 226 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as proposed, conforms with existing applicable city zoning and development ordinances. Further, the proposal is characteristic of similar development approved by the City to date. There is not a likely probability of substantial detriment to, or interference with the City~s future General Plan, if the proposed use is ultimately inconsistent with the plan. The project is of insignificant scale in context of the broad goals and directives anticipated in the City's General Plan. The proposed use or action complies with State planning and zoning laws. Reference local Ordinances No. 3~,8, ~60; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use. Adequate site circulation, parking, and landscaping are provided, as well as sufficient area to appropriately construct the proposed structures, Reference Exhibits D and E. The project as designed and conditioned will not adversely affect the public health or welfare. Reference the proposal's Initial Environmental Assessment, (Attachment No. 3), and project Conditions of Approval ( Attachment No. 2 ). A:PP226 7 STAFF RECOMMENDATION: The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations and reflects design elements currently existing within the City. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project draws access from both Marcjarita and Pauba Roads, dedicated City rights-of-way, which will be improved to realize their respective ultimate design conficjurations as a project Condition of Approval. Project access, as designed, conforms with applicable City Engineering standards and ordinances. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Plot Plan No. 226. The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. Reference the proposed site design in the context of the approved, underlying parcel map configuration, Exhibits D and H respectively. That said findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference. Supportincj documentation is attached. The Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Plot Plan No. 226, and ADOPT Resolution 91- approvincj Plot Plan No. 226; based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. A:PP226 8 CR:ks Attachments: 2. 3. 4. 5. Resolution Conditions of Approval Environmental Assessment Exhibits A. Vicinity Map B. Zoning Map C. SWAP Recommended Land Use D. Site Plan E. Landscape Plan F. Elevations G. Floor Plans H. Parcel Map No. 8q55 I. 1. Color Exterior 2. Materials Samples Fee Check List A: PP226 9 ATTACHMENT NO. 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 226 TO CONSTRUCT A COMMERCIAL RETAIL COMPLEX OF 3 STRUCTURES TOTALING 27,150+/- SQUARE FEET ON A PARCEL CONTAINING 2.53 ACRES GENERALLY LOCATED AT THE SOUTHWESTERLY CORNER OF MARGAR ITA AND PAUBA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 945-110-003. WHEREAS, Mr. Sam McCann filed Plot Plan No. 226 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on August 5, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty {30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A:PP226 10 (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, ( hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Plot Plan No. 226 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. A:PP226 11 D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. (2) The Planning Commission, in approving of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 226 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as proposed. conforms with existing applicable city zoning and development ordinances. Further, the proposal is characteristic of similar development approved by the City to date. b) There is not a likely probability of substantial detriment to, or interference with the City~s future General Plan, if the proposed use is ultimately inconsistent with the plan, The project is of insignificant scale in context of the broad goals and directives anticipated in the City~s General Plan. c) The proposed use or action complies with State planning and zoning laws. Reference local Ordinances No. 3q8, L~60; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). d) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use. Adequate site circulation, parking, and landscaping are provided, as well as sufficient area to appropriately construct the proposed building, Reference Exhibits D and E. A:PP226 12 e) The project as designed and conditioned will not adversely affect the public health or welfare. Reference the proposal's Initial Environmental Assessment, (Attachment No. 3), and project Conditions of Approval ( Attachment No. 2 ). f) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations and reflects design aspects currently existing within the City. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project draws access from both Margarita and Pauba Roads, dedicated City rights-of-way, which will be improved as necessary to realize their respective ultimate design configurations. Project access, as designed, conforms with applicable City Engineering standards and ordinances. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Plot Plan No. 226. The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. Reference the proposed site design in the context of the approved, underlying parcel map configuration. j) That said findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference. Supporting documentation is attached. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. A:PP226 13 SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Plot Plan No. 226 to construct a commercial retail complex of three {3) structures totaling 27,150+/- square feet generally located at the southwesterly corner of Margarita and Pauba Roads and known as Assessor~s Parcel No. 945-110-003 subject to the following conditions: A. Attachment No. 2, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:PP226 14 ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 226 Project Description: Commercial retail complex of 3 structures totallin.q 27,150+/- square feet on a 2.53 acre site. Assessor's Parcel No.: 945-110-003 Planninq Department The use hereby permitted by this plot plan is for construction of a commercial retail complex of three (3) structures, totaling 27,150+/- square feet on a 2.53 acre site. The permittee shall defend, indemnify, and hold harmless the City of Temecula. its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 226. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two (2) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on The development of the premises shall conform substantially with that as shown on Plot Plan No. 226 marked Exhibit D, or as amended by these conditions. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-d-way. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. A:PP226 15 10. 11. 12, 13. 14. The applicant shall comply with the street improvement recommendations outlined in the Transportation Engineering Division's Conditions of Approval, which are included herein. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's Conditions of Approval which are included herein. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 5~,6 and the County Fire Warden~s Conditions of Approval contained herein. The applicant shall comply with the recommendations set forth in the City Building and Safety Department's Conditions of Approval contained hereln. Prior to the issuance of grading or building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 3~,8, Section 18.12, and shall be accompanied by the appropriate filing fee. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits, or within the time frame specified by the City Planning Director and City Building Official as referenced in Condition No. 19, below. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. A minimum of 137 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3~,8. 137 parking spaces shall be provided as shown on the Approved Exhibit D. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. A minimum of four (~,) handicapped parking spaces shall be provided as shown on Exhibit D. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectori zed sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: A:PP226 16 15. 16. 17. 18. 19. 20. 21. 22. 23. "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone " In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health Rancho Water District School District Riverside County Flood Control Fire Department Eastern Municipal Water District Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibits F.1, F.2, and F.3. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit H. 1 (Color Elevations) and Exhibit H.2 (Materials Board). Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. All trash enclosures shall be constructed prior to the issuance of occupancy permits. As a minimum, each enclosure shall be six feet in height and shall be constructed with materials similar in appearance to that utilized for structure exteriors and a steel gate which screens the bins from external view. Bermed landscape screening shall be provided along the project's Margarita and Pauba Road frontages. Betruing shall be a minimum of three {3) feet in height; street frontage landscaping shall substantially conform with the concept illustrated in Exhibit E. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. A:PP226 17 All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. 25. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which is based on the gross acreage of the parcels proposed for development. Should Ordinance No. 66:3 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. 26. Nine (9} Class II bicycle racks s'hall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. 27. 28. 29. 30. 31. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of planrings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Building and Safety. Contingent upon availability of irrigation water, prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Alternatively, installation of landscaping may be by means of bonding as referenced in Condition No. 27 above, and installed at such times as irrigation water is in adequate supply as determined by RCWD and the City Planning Director. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. The developer shall make a good faith effort to acquire all required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal for building permit, enter into an agreement to complete the improvements pursuant to Government Code Section 66/462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer~s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. A:PP226 18 32. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ( $1,250.00 ) fee, in compl lance with A B 3158, required by Fish and Game Code Section 711.4( d ) ( 2 ) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). City of Temecula Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF GRADINC PERMITS: 33. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 34. The developer shall submit two (2) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code and Chapter 70 as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24"x36" mylar by a Registered Civil Engineer. 35. The developer shall submit two (2) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A:PP226 19 36. 37. 38. 39. 40. 41, 42. 43. 44. 45. 46. A Geological Report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters and approval by the City Engineer. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. Street improvement plans including parkway trees and street lights prepared by a Registered Civil Engineer and approved by the City Engineer shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of existing utility facilities within the right-of-way. No fill slopes shall be steeper than 2: 1 unless otherwise approved by the City Engineer. An earthen berm shall be provided along the top of all slopes as directed by the City Engineer or his representative. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. b. Storm drain facilities. A:PP226 Landscaping ( street and parks ). Sewer and domestic water systems. Undergrounding of existing and proposed utility distribution lines. 20 A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. A drainage easement shall be provided along the eastern property line for construction and maintenance of the drainage structure outlet. A copy of the recorded drainage easement shall be submitted to the City for review. 50. Adequate protection shall be provided at the storm drain outlet structure to prevent any damage to existing or proposed slopes or pertinent structures. 51. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 52. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. PRIOR TO ISSUANCE OF BUILDING PERMIT: 53. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 54. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 55. The developer shall obtain an easement for ingress and egress over the adjacent property. Easement and access geometric shall be as approved by the City Engineer. 56. Prior to building permit, the subdivider shall notify the City~s C.A.T.V. Franchises of the intent to develop. Conduit shall be installed to C.A.T.V. Standards prior to issuance of Certificates of Occupancy. 57. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to A:PP226 21 exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement. developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 58. A minimum centerline street grade shall be 0.50 percent. 59. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer and included with the precise grading plan. 60. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). 61. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~,61 and as approved by the City Engineer. 62. Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. 400 and 401. 63. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. This minimum centerline radii shall be 300 feet or as approved by the City Engineer. 65. Construct full street improvements including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 66. Margarita Road shall be improved with 43 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with County Standard No. 100 ( 110'/86' ). 67. Pauba Road shall be improved with 32 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with County Standard No. 103, Section A (88~/6¥). 68. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the A:PP226 22 developer~s cost pursuant to Government Code Section 66z~62.5, which shall be at no cost to the City. 69. Corner property line cut off shall be required per Riverside County Standard No. 805. City of Temecula Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: 70. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Margarita Road and Pauba Road and shall be included in the street improvement plans. Riverside County Fire Department (RCFD) With respect to the Conditions of Approval regarding Plot Plan No. 226, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 71. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 72. Provide or show there exists a water system capable of delivering 2000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. 73. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"2 1/2 x 2 1/2 ), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 74. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 75. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." A:PP226 23 76. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 CPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 77. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. 78. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 79. Certain designated areas will be required to be maintained as fire lanes. 80. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 81. Prior to the issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $558.00 to the Riverside County Fire Department for plan check fees. 82. Prior to the issuance of building permits, the applicant/developer shall deposit with the City of Temecula, a check or money order equaling the sum of 25 cents per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. 83. Blue-dot reflectors shall be mounted in private streets and driveways to indicate location of fire hydrants. They shall be mounted in the middle of the street directly in line with fire hydrants. 84. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. All questions regarding the meaning of conditions shall be referred to RCFD Planning and Engineering Staff. Riverside County Department of Health The Environmental Health Services has reviewed Plot Plan No. 226 and has no objections. Sanitary sewer and water services should be available in this area. Prior to any building plan submittals, the following items will be required: 85. "Will-serve" letters from the appropriate water and sewering agencies. 86. Three complete sets of plans for each food establishment will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (714) 358-5172). A:PP226 24 87. A clearance letter from the HaZardous Materials Management Branch Services (Jon Mohoroski, 358-5055), will be required indicating that the project has been cleared for: a. Underground storage tanks. b. Hazardous Waste Generator Services. c, Hazardous Waste Disclosure (in accordance with AB 2185). d. Waste reduction Management. City of Temecula Department of Buildinq and Safety 88. Request for street addressing must be made prior to submittal of Building Plan Review. 89. Comply with applicable provisions of the 1988 editions of the Uniform Building, Plumbing and Mechanical codes, 1990 National Electrical Code, California State Administrative Code, Title 20· Handicapped and Energy Regulations and the Temecula City Code. 90. Lighting on site and located on structures shall comply with Mount Palomar Lighting Ordinance No. 655. A:PP226 25 II ATTACHMENT NO. 3 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: Mr. Sam McCann Address and Phone Number of Proponent: 43121 Margarita Road Temecula, CA 92390 (71~,) 676-7u,8q Date of Environmental Assessment: March 26, 1991 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Plot Plan No. 226 (PP 226) 6. Location of Proposal: Southeasterly corner of Pauba and Marqarita Roads Environmental Impacts ( Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X A:PP226 26 Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Yes Maybe No X X X X X X X X X X X A:PP226 27 Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life, Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? __ Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes Maybe No X X X X X X X X X A:PP226 28 10. 11. 12. 13. Noise. Will the proposal result in: Yes Maybe No a. Increases in existing noise levels? __ X Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticldes, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X X X X X X X X A:PP226 29 Yes Maybe No b. Effects on existing parking facili- ties, or demand for new parking? X c. Substantial impact upon existing transportation systems? __ __ X d. Alterations to present patterns of circulation or movement of people and/or goods7 __ __ X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? __ X __ 14. Public Services, Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? __ X __ b. Police protection? __ X __ c. Schools? X d. Parks or other recreational facilities? X e, Maintenance of public facilities, including roads? X f. Other governmental services: __ __ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? __ __ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? __ __ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? __ __ X A:PP226 30 17. 18. 20. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health ) ? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X X X X X X X X A:PP226 31 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? __ Yes Maybe N__o X X X X A:PP226 32 III Earth 1.a. 1.b. 1oC. 1.d. 1.f. 1.g. Air 2.a,b,c. Discussion of the Environmental Evaluation No, Construction is not proposed at depths sufficient to adversely affect geologic substructures of the site. Unstable earth conditions which might result from proposed cut/fill activities are mitigated by the crib retaining wall extending along the sirens easterly property line. Fill activities are subject to City material and compaction specifications. Yes. Compaction and overcovering of soil is necessary to effect the construction proposed. The limited scale of this proposal precludes any significant impacts on regional topography or soil characteristics. Maybe. Reference item 1 .b. Grading plans submitted propose a 20-25 gradient drop between the subject site and the property immediately adjacent to the east. Gradient differentials are effected by a 2:1 slope downward from the subject property, supported by a crib retaining wall approximately 10 feet high. Partial mitigation of the visual impacts of this slope/wall are realized through slope landscaping. Visual impacts affecting properties immediately adjacent are further mitigated by architectural articulation of the proposal's opposing building facades. No. No unique geologic or topographic features are evident on the subject site. No. Insignificant change in regional surface erosion can be expected if this project is eventually realized, i.e., additional on-site structures and paving will undoubtedly reduce erosion at the project site. Resultant environmental impacts of additional off-site drainage are nominal as mitigated by properly designed and constructed drainage conveyances. (Reference City of Temecula Engineering Department Conditions of Approval. | No. No construction is proposed that would logically affect beach sands; nor should the project produce deposition/erosion which may modify stream channels or lake beds. No. The subject site is not affected by known earthquake, landslide, mudslide or ground failure hazards. Further, all proposed fill/compaction and substructures shall conform to applicable City and Uniform Building Code standards. No. Nominal addition of localized air pollutants may result from increased auto traffic accessing the project site. Regional effects are considered nominal. Nominal changes may result in the immediate vicinity of the project site. Based on the scale of this proposal, environmental effects are anticipated to be largely undetectable. A: PP226 33 Water 3,a. 3.b. 3.f,g. 3.h. 3.i. Plant Life 4.a-d. Animal Life 5.a-c. No. The proposed structure is not located within defined marine or fresh water flows. No effect on these environmental assets is anticipated. No. Currently permeable ground will be rendered impervious as a result of this proposal. Consequently, surface runoff and absorption rates on the project site itself may change. Site drainage shall conform with plans approved by the City of Temecula. Necessary improvements to effect proper site drainage shall be as indicated in the project conditions of approval. No significant impacts are anticipated. No. Plans proposed at this time indicate no adverse on or off site flooding impacts. Proposed drainage plans and all related necessary improvements shall be as specified by the City Engineering Department. No. Increased runoff from the project site may nominally increase surface levels and turbidity of off-site bodies of water. However, due to the limited project scale proposed, this possibility is unlikely. No. Reduced permeation at the project site may eventually affect underlying groundwater. Possible environmental alteration is unlikely, as are negative impacts. No. Water consumption rates typical of commercial projects is proposed. All water consumption activities are subject to monitoring and allowances specified by the applicable purveyor. Proposed landscaping/irrigation shall respect current drought conditions affectin9 the City as specified in the project Conditions of Approval. No. Reference Item No. 3.c. No. No quantities of native plants to speak of, are currently present on, or in the vicinity of the subject site, including species identified as "rare or endangered". Further, new species which may be introduced as a result of required site landscaping cannot be considered invasive because of the referenced lack of on-site native varieties. Similarly, no impacts are anticipated on agricultural assets. No. Minor losses of small common urban species, e.g., small lizards, insects, rodents, and their habitats may result from this project. Numerically and qualitatively, these losses should be environmentally insignificant. Further, if not previously paid, the applicant is required to submit Stephen's Kangaroo Rat habitat procuremerit fees in an amount specified by City ordinance. Such monies are to be used for purchase of suitable habitat for the Kangaroo Rat as it is gradually displaced due to generalized development of the Temecula Valley. This A: PP226 34 proposal contributes incrementally to regional displacement of the Kangaroo Rat. Noise 6.a. Maybe. 6,b. No. Minor increases in ambient noise levels may occur subsequent to project implementation and commercial occupancy of the project site. Long term noise impacts will be insignificant. Short term construction noise levels generated may result in localized disturbance, self- mitigated largely by normally conducting such activities during daylight hours, Monday through Friday. Liqht and Glare No. While the project could potentially impact night skies, the proposal is required to comply with applicable City/Palomar Observatory lighting policies and ordinance(s). These policies and ordinances address potential night-sky lighting impacts of development proposals that might logically affect activities of the Mt. Palomar Astronomical Observatory. Land Use No. The project is consistent with underlying land use ordinances and Southwest Area Plan guidelines affecting the subject property. No change in Land Use designations is proposed by the project; no anticipated impacts. Natural Resources No. The proposal is of limited scale and would not logically deplete substantial renewable or non-renewable natural resources. Risk of Upset 10.a,b. No. The proposal does not entail storage or use of substances; nor is the subject site within a emergency/evacuation plan movement corridor. hazardous designated Population 11. Housing 12. No. The project does not contain population relocation elements. No, No housing is proposed to be added nor deleted. A: PP226 35 Transportation/Circulation 13.a,c. No. Commercial retail construction of relatively limited scale (less than 30,000 square foot) is proposed, generating similarly limited amounts of destination traffic. Further, the project is required to contribute monies to area-wide, as well as localized public improvements (e.g., traffic impact mitigation) proportionate to the proposal's anticipated impacts. 13.b. Yes. In compliance with City ordinance, the project is required to. and does provide a total of 138 additional off-street, improved parking spaces as referenced in the proposal's Conditions of Approval (attached) and indicated by Exhibit D. 13.d. No. The project will attract additional traffic to the subject site upon its implementation. Impacts are expected to be insignificant given the proposal's limited scale. Reference also Item 13.a. 13.e. No. The project is not in a location which would logically affect waterborne, rail or air traffic, nor does it propose addition or deletion of such facilities. 13.f. Maybe. Any increase in traffic naturally increases the possibility of traffic accidents. Impacts are likely to be unnoticeable in view of the proposal's limited scope and proposed infrastructure improvements. Public Services Maybe. All new commercial development may generate at least nominal increased demands for police and fire protection services, utility provisions and, indirectly, schools. Mitigation is realized through assessment districts, property taxes, and similar funding mechanisms. 14.d. Maybe. Construction is not proposed which would directly impact schools or parks. However, the applicant is required by state law to contribute applicable school fees as partial mitigation for secondary impacts on school systems resulting from commercial development. 14.e. Yes. Increases in road maintenance activities in the immediate vicinity of the proposal will be required due to proportionate increases in localized traffic generated. Mitigation of such impacts are as specified by the City Engineering Department in the project's Conditions of Approval. 14.f. No. Impacts on other governmental services have not been identified at this time. Energy 15.a,b. No. Reference Item Nos. 9.a. and b. A:PP226 36 Utilities 16.a-f. No. Nominal service line extensions/increased demands can be expected for the utilities referenced. No significant impacts are anticipated. Human Health 17.a,b. No. The project does not include introduction of potential health hazards to the region; nor are there existing health hazards identified at the project site. Flood hazards affecting the site previous to improvements proposed are mitigated by those improvements, including overall elevation of the project site realized by planned fill activities. Aesthetics 18. No. The application has been reviewed for architectural compatibility and complies with the City~s applicable guidelines and standards in this regard. Potential visual impacts of proposed grading and the previously referenced crib retaining wall are mitigated primarily through landscaping of the project site as indicated by Exhibit F. Recreation 19o No. Additional recreational assets are not proposed, nor are they to be deleted in conjunction with this project; direct impacts on recreational facilities are not anticipated. Cultural Resources 20.a. No. Construction is not proposed that will logically affect known archaeological religious or cultural assets; no identified impacts. 20.b. No. The proposal is not within an identified historic preservation/conservation district. As such, impacts on the existing character of historic assets in the region are unlikely. 21 .a,b, c,d. No. Reference Item Nos. 1-20. A:PP226 37 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment. and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X March 26, 1991 Date For CITY OF TEMECULA A: PP226 38 ATTACHMENT NO. EXHIBITS A:PP226 39 ~ CITY OF TEMECULA ) ~c // ,~, ,,,/,,~ " II · 'T A '~ ) e.G. DATE "'7' I'<~l CITY OF TEMECULA ,-.""' CITY OF TEMECULA ~ ._.. ~"""'X,.... \'(''' cAs, NO. ~q~2.2(o ,.c. OAT, "7-I-~tl CITY OF TEMECULA CASE NO.pf""~"?-~ ~p.C. DATE CITY OF TEMECULA ) r~Xhie~T -P_ CASE NO.f~Z~ p.c. OATE ~.l'~l CITY OF TEMECULA ) CASE NO. p.c. DAte CITY OF TEMECULA ,~ CASE NO, ~f'2Z.~ ~p.c. DATE CITY OF TEMECULA ~ CASE t~C. DATE CITY OF TEMECULA ) CITY OF TEMECULA ) PARCEL MAP 8455 PARCEL I CASE NO. ta'zz,, p.C. DATE CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Plot Plan No. 226 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 25 N/A Condition No. 57 Condition No. 54 N/A Condition No. 82 Condition No. 47 A:PP226 40 ITEM MEMORANDUM TO: FROM: DATE: SUBJECT: City Planning Commissioners Gary Thornhill, Planning Director August 5, 1991 Tentative Parcel Map No. 26488/Change of Zone No. 15 On July 1, 1991, the City of Temecula Planning Commission continued the public hearin9 addressing the above referenced project to the Commission's regularly scheduled public hearin9 of August 5, 1991. In continuin9 this item, the Commission's primary concern was that the project site be provided appropriate all- weather access; and directed Staff and the applicant to jointly propose an appropriate solution to this issue. In response to this direction, City Staff met with Mr. Vanderwall on July 11, 1991 to discuss site access alternatives, necessary rights-of-way improvements, and financing and timing of those improvements. As a result of that meeting, additional/revised City Engineering Department Conditions of Approval were developed. The applicant has reviewed, and is in concurrence with these proposed conditions. As such, Staff recommends the Planning Commission accept the additional project conditions as stated above and as now contained in the Conditions of Approval for Tentative Parcel Map No. 26/188 (reference Condition No. 29). Further, Staff recommends the City Planning Commission: RECOMMEND ADOPTION of the Negative Declaration for Tentative Parcel Map No. 26/188 and Change of Zone No. 15; ADOPT Resolution No. 91 o recommending approval of Change of Zone No. 15 based on the Analysis and Findings contained in the Staff Report; and ADOPT Resolution No. 91- recommending approval of Tentative Parcel Map No. 26/188 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. Minutes of the July 1, 1991 Planning Commission hearing for this item, as well as the original Staff Report and revised project Conditions of Approval are included for clarification and reference. A: PM26~88. MEM City Planning Commissioners August 5, 1991 Page 2 Staff has also revised Temecula Community Service District Conditions of Approval to reflect appropriate requirements of this Tentative Map. ( Reference new Condition No. 62; previous Condition No. 33 has been deleted. ) CR:ks A:PM26488.MEM Case No.: Recommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 1, 1991 Change of Zone No. 15 (CZ 15) and Tentative Parcel Map No. 26488 (TPM 26488) Prepared By: Charly Ray Staff recommends that the City Planning Commission: RECOMMEND ADOPTION of the Negative Declaration for Tentative Parcel Map No. 26488 and Change of Zone No. 15; ADOPT Resolution No. 91- recommending approval of Change of Zone No. 15 based on the Analysis and Findings contained in the Staff Report; and ADOPT Resolution No. 91- recommending approval of Tentative Parcel Map No. 26488 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: Mr. Jay Vanderwall Mr. N. Scott Jewett/ANACAL Engineering Residential subdivision of 4.5+/- gross acres into four parcels with an accompanying zone change from R-A-2 1/2 to R-1-1. Southeast corner of Calle Chapos and Walcott Lane. R-A-2 1/2 (Residential-Agricultural - 2 1/2 Acre Minimum Parcel Size) North: R-A-2 1/2 South: R-A-2 1/2 East: R-A-2 1/2 West: R-A-2 1/2 A:PM26488 1 PROPOSED ZONING: R-I-I EXISTING LAND USE: Vacant SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: (Single Family Residential, 1 Acre Minimum Parcel Size) North: South: East: West: Vacant Vacant/Single Family Residence Single Family Residence Vacant Total Area: Average Parcel Size Proposed: Largest Proposed Parcel Area: Smallest Proposed Parcel Area: Existing Improvements: Access: Domestic Water: Electricity: Sewa9e Disposal: Natural Gas: Telephone: CATV: 4.5+/- Gross Acres 1.125 Gross Acres 1.45 Gross Acres 1.0 Gross Acre Calle Chapos (adjacent to the north ) and Walcott Lane (adjacent to the west); both of which are currently unimproved at the project site. Existing rights-of-way dedications are 60' total width on Calle Chapos 66' in width on Walcott Lane. Rancho California Water District Southern California Edison On-site Septic System proposed Southern California Gas GTE California Inland Valley Cablevision Tentative Parcel Map No. 26488 (TPM 26488) was initially submitted to the City of Temecula for review and consideration on September 14, 1990. Subsequent Development Review Committee consideration followed on November 8, 1990 and again on January 3, 1991. As originally submitted, the map proposed residential subdivision of the subject site into 4 each 1/2+/- acre parcels, with a remainder parcel of approximately 13/4 acres. The initial proposal has been redesigned and submitted with an appropriate zone change request based on Staff concerns regarding the disparity in land use between that requested and that allowed by the underlying R-A-2 1/2 land use zoning (1/2 acre parcels A: PM26488 2 PROJECT DESCRIPTION: proposed vs. 2 1/2 acre minimum allowed by the zone district), as well as concerns arising from the initial lot configurations. As initially designed, the map proposed steep access gradients, disproportionate lot length/width ratios, limited availability of buildable terrain, further complicated by the land use difficulties inherent in maps proposing small remainder parcels. As indicated above, in response to Staff design and land use consideration/concerns, the applicant has submitted an appropriate Change of Zone request (R-A-2 1/2 to R-1-1) allowing subdivision at the 1 gross acre parcel density proposed, which is consistent with recent zone changes and land divisions in the area. Further, the Tentative Map has been redesigned eliminating the "remainder" originally proposed, thereby providing greater acreage for each residential lot, which in turn allows the design currently proposed incorporating internal, centralized access, and lots with more tenable dimensions and building areas. The applicant proposes a residential subdivision of just over u, gross acres, realizing ~ residential lots averaging approximately 1 gross acre each. The project site is located in a rural but developing area of the City, southeasterly of Nicolas and Butterfield Stage Roads. Utilities available to the project include: Electric Power (So. Calif. Edison) Natural Gas (So. Calif. Gas Co. ) Potable Water (Rancho Water District) Sewage Disposal ( On-site septic system designed per County Environmental Health Standards) Telephone ( GTE ); and Cable Television | Inland Valley Cablevision ). Abutting rights-of-way are currently unimproved. Paved access to the project vicinity ends on Walcott Lane at a point approximately 1/4 to 1/2 mile south of the proposed Parcel Map. Several unimproved off-road trails traverse the site. Terrain of the subject site consists primarily of a large knoll, increasing in elevation from north to south. On-site grade differential between highest and lowest points is approximately 60 feet, with slopes ranging from 1296-2096. Existing vegetation A: PM26488 3 ANALYSIS: on the project site is primarily native grasses with evident disturbance by human activity; e.g., off- road trails, litter, etc. Mature landscaping exists on adjacent properties. No significant animal habitat was detected though the site is likely inhabitated by common species of rodents, small reptiles and insects. Further consideration of this proposal's specific merits is contained in the following project analysis. Land Use Compatibility The requested Change of zone district from R-A-2 I/2 to R-1-1 reflects on-9oin9 urbanization of the general area surrounding the subject site. Recent project approvals in the vicinity of Tentative Parcel Map No. 26488 (e.g., CZ 56631, TPM 25212) have allowed subdivision of land at densities similar to that requested by this proposal. Further to the south, land has been subdivided at even greater densities in conjunction with larger scale tract home developments. Additionally, the recommended Southwest Area Plan density for the subject site is 1-2 dwelling units/acre. Densities at the lower end of this range are considered appropriate at present pending extension of necessary support services, primarily roads and sewers, to the area in question. As such, the proposed change in land use designation allowing residential subdivision of property at a density of one dwelling unit/acre is considered compatible with land use(s) currently in the vicinity of the subject site. Access Legal access to the site as a whole is provided by dedicated City rights-of-way, e.g., Walcott Lane and Calle Chapos, both of which are currently recommended as 66' width right-of-way dedications adjacent to the subject site (reference Exhibit D) . Both road frontages as well as the cul-de-sac indicated on Exhibit D will be improved to provide all weather access prior to occupancy of residences which may be eventually constructed on the proposed parcels. Improvement of affected rights-of-way per Schedule H map standards will, as a minimum, be bonded for prior to final map recordat(on. A: PM26488 4 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: Map Desiqn Applicant responses to the issues discussed above are reflected primarily in the map design currently proposed (Exhibit D). The map, as presently configured, is included in the project staff report. Specifically, the map was redesigned to eliminate the remainder parcel initially proposed, and also provide centralized common access to all proposed parcels via a public cul-de-sac connecting to Walcott Lane. The current design of the proposed map also reflects Staff concerns regarding appropriate residential land use densities currently applicable to the subject site. In summary, the proposed parcel map, together with the requested change of zone from R-A-2 1/2 to R-1-1, and mitigation measures specified in the project Conditions of Approval, provide for development compatible with City land use and subdivision standards, ordinances and policies. Further, the Initial Environmental Assessment conducted for the project has determined its compliance with applicable sections of the California Envitonmental Quality Act ( C. E. Q. A. ). As discussed in the preceding portions of this Staff Report, proposed Change of Zone No. 15 and Tentative Parcel Map No. 26~,88 comply with applicable State and City land use and subdivision ordinances/policies currently in effect. Further, the map together with the requested change in land use designation are both compatible with the Southwest Area Plan (SWAP) guidelines for the subject property, which recommend residential development at 1-2 dwelling units/acre (reference exhibit C) . SWAP guidelines will likely comprise the basis utilized in the currently developing City General Plan. Accordingly, it is likely that Change of Zone No. 15 and Tentative Parcel Map No. 26L~88 will both substantially conform to the City~s General Plan goals, objectives, and directives affecting the subject property. An Initial Environmental Assessment has been prepared for Change of Zone No. 15 |CZ 15) which has determined that the proposed zone change could not have a significant effect on the environment. A: PM26488 5 The environmental analysis prepared for Tentative Parcel Map No. 26~,88 concludes with the finding that "although the proposed use could have a significant effect on the environment, there will not be a significant effect in the case under consideration because the measures specified in the project's Conditions of Approval mitigate significant potential adverse impacts." FINDINGS: Chanqe of Zone No. 15 The proposed zone change will not have a significant adverse effect on the environment, as determined in the initial study performed for this project. A Negative Declaration is recommended for adoption. There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. The project is not of significant scope in the context of city- side and regional development patterns. The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist in the vicinity of the project site. The proposed change in district classification from R-A-2 1/2 to R-1-1 will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan (SWAP) recommendations for the subject property. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project. The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the general vicinity of the subject site. A: PM26488 6 Adequate access exists for the proposed residential land use from Walcott Lane and Calle Chapos. Additional internal access and required road improvements abutting proposed lots will be designed and constructed in conformance with City standards. That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. Tentative Parcel Map No. 26488 The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Parcel Map No. 26488. A Negative Declaration is recommended for adoption. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City~s Southwest Area Plan (SWAP) guidelines affecting the subject property. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000- 66009 (Planning Zoning Law), and Government Code Title 7, Division 2. A: PM264.88 7 10. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreage allowing appropriate building pad sitings. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 26488. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. The site for the proposed use is provided legal access via Walcott Lane and Calle Chapos public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. A: PM26488 8 STAFF RECOMMENDATION: 1. Staff recommends that the City Planning Commission: RECOMMEND ADOPTION of the Declaration for Tentative Parcel 26488 and Change of Zone No. 15; Negative Map No. ADOPT Resolution No. 91- recommending approval of Change of Zone No. 15 based on the Analysis and Findings contained in the Staff Report; and ADOPT Resolution No. 91- recommending approval of Tentative Parcel Map No. 26488 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. CR:ks Attachments: 1.A, 1.B. 2. 3. 4. Resolutions Conditions of Approval Environmental Assessment Exhibits A. Vicinity Map B. Zoning Map C. Southwest Area Plan Recommended Land Use(s) D. Tentative Parcel Map No. 26488 Fee Checklist A: PM26488 9 ATTACHMENT NO. 1A RESOLUTION NO. 91- A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMENDING APPROVAL OF CHANGE OF ZONE NO, 15 CHANGING THE ZONE FROM R-A-2 112 TO R-1-1 ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WALCOTT LANE AND CALLE CHAPOS AND KNOWN AS ASSESSORIS PARCEL NO. 914-300-049 WHEREAS, Mr. Jay Vanderwall filed Change of Zone No. 15 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on August 5, 1991. at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearin9 , the Commission recommended approval of said Change of Zone; NOW, THEREFORE, THE CITY OF TEMECULA PLANNING COMMISSION DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the City of Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A:PM26488 10 b} There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: a} The proposed zone change will not have a significant adverse effect on the environment, as determined in the initial study performed for this project. A Negative Declaration is recommended for adoption. b} There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. The project is not of significant scope in the context of city- side and regional development patterns. c) The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist in the vicinity of the project site. d} The proposed change in district classification from R-A-2 1/2 to R-1-1 will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the 5outhwest Area Plan (SWAP} recommendations for the subject property. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project. A: PM26u,88 11 e) The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the general vicinity of the subject site. f) Adequate access exists for the proposed residential land use from Walcott Lane and Calle Chapos. Additional internal access and required road improvements abutting proposed lots will be designed and constructed in conformance with City standards. g) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance, An Initial Study was performed for this project determined that Change of Zone No. 15 could not have a significant effect on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Recommendation. That the City of Temecula Planning Commission hereby recommends approval of Zone Change No. 15 to change the zoning on 4.5 acres of land from R-A- 2 1/2 to R-1-1 on property generally located at the southeast corner of Walcott Lane and Calle Chapos and known as Assessor~s Parcel No. 914-300-049. SECTION 4. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN A: PM26488 12 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNINC COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: PM26488 13 ATTACHMENT NO, 1B RESOLUTION NO. 91-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PARCEL MAP NO. 26~88 TO SUBDIVIDE A ~.5+1- ACRE PARCEL INTO ~ ONE GROSS ACRE (MINIMUM) RESIDENTIAL PARCELS; GENERAL LOCATION OF SAID MAP BEING THE SOUTHEAST CORNER OF WALCOTT LANE AND CALLE CHAPOSo WHEREAS, Mr. Jay Vanderwall filed Parcel Map No. 26~,88 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on August 5, 1991, at which time interested persons had an opportun ity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1, Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A: PM26o,88 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 26488 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. cJ The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. A: PM26q.88 15 b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed Parcel Map will not have significant negative impact on the environment, as determined in the initial Environmental Assessment prepared for Tentative Parcel Map No. 26~,88. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable A: PM26LI88 16 c) d) e) f) g) h) subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. The proposed use or action complies with City and 5rate planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000- 66009 (Planning Zoning Law), and Government Code Title 7, Division 2. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreage allowing appropriate building pad sitings. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 26488. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. The site for the proposed use is provided legal access via Walcott Lane and Calle Chapos public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. A: PM26488 17 The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. j) The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Parcel Map No. 26488 for the subdivision of a 4.5+/- acre parcel into 4 parcels, generally located at the southeast corner of Walcott Lane and Calle Chapos subject to the following conditions: A. Attachment 2, attached hereto. SECTION PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOACLAND CHAIRMAN A: PM26488 18 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: PM26488 19 ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: Project Description: Assessor*s Parcel No.: 26488 R-1-1 residential subdivision of 4.5 qross acres into 4 parcels 914-300-049 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule H, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's Conditions of Approval, contained herein. The applicant shall comply with the fire improvement recommendations outlined in the Riverside County Fire Department's Conditions of Approval, contained herein. A: PM26488 20 The applicant shall comply with the recommendations outlined in the City Building and Safety Department's Conditions of Approval, contained herein. 10. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 11. Prior to final recordation of Tentative Parcel Map No. 26q88, Change of Zone No. 15 shall be in effect. 12. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District's Conditions of Approval, contained herein. 13. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-1-1 (Single Family Residential, 1 Acre Minimum Parcel Size) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes until such time as those operations are the responsibilities of other parties as approved by the Planning Director. 15. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope A: PM26488 21 16. 17. 18. maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer~s successor's- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($I00} per Iot/unlt shall be deposited with the City as mitigation for public library development. All building plans for all new structures shall incorporate, all required elements from the subdivision~s approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be desi9ned and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. f. All street side yard setbacks shall be a minimum of ten (10) feet. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 26~,88, which action is brought within the time period provided for in California Government Code Section 66L~99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. A: PM26L~88 22 19. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 2O. Prior to recordation of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. 21. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 22. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00|, which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Came Code Section 711.4( d ) { 2 ) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). Riverside County Department of Health - Environmental Health Services Division 23° Prior to map recordation, "will serve" letters from Rancho California Water District and Eastern Municipal Water District shall be provided to the Environmental Health Services Division of the Riverside County Department of Health. City of Temecula En.qineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Covernment Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Rancho California Water District; A: PM26488 23 Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 25. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. 26. Calle Chapos shall be improved with 32 feet of asphalt concrete pavement plus one 12 foot lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 103, Section A (66'/32'). 27. Walcott Lane shall be improved with 32 feet of asphalt concrete pavement plus one 12 foot lane, or bonds for the street improvements may be posted, within the dedicated right-d-way in accordance with County Standard No. 103, Section A (66'/32'). 28. Street "A" shall be improved with 36 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 105, Section A (60'/36') . A cul-de-sac per County Standard No. 800 shall be constructed at the terminus. 29. Calle Chapos shall be paved with 24 feet of A.C. paving from Walcott Lane to Riverton Lane to provide all-weather access to the property, or bonds shall be posted, within the dedicated right-d-way and as directed by the Public Works Department. 30. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. 31. Corner property line cut off shall be required per Riverside County Standard No. 805. 32. Private drainage easements for cross-lot drainage, if required, shall be delineated or noticed on the final map. 33. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc. , shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. A: PM26488 24 34. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, signing, striping, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. f. Undergrounding of existing and proposed utility distribution lines. 35. The street design and improvement concept of this project shall be coordinated with adjoining developments. 36. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 37. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 38. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 39. A minimum centerline street grade shall be 0.50 percent. 40. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard u,00 and q01 {curb sidewalk). All driveways shall be located a minimum of two (2) feet from the property line. The subdivider shall submit two {2) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2u," x 36" mylar by a Registered Civil Engineer. A: PM26488 25 A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The subdivider shall submit two ( 2 ) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. Drainage calculations shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas, The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. Prior to final map, the subdivider shall notify the City~s CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. 5O° A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way, 51. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development, The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO BUILDING PERMIT: 52. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 53. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the A: PM26q88 26 developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot. not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy. or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, and drive approaches. 55. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 56. Asphaltic emulsion (fog seal) shall be applied not less than 1~, days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9q of the State Standard Specifications. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 57. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Calle Chapos and Walcott Lane and shall be included in the street improvement plans. Riverside County Fire Department (RCFD) With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION: 58° Schedule H fire protection. An approved standard fire hydrant (6"x~l"x2 1/2" ) shall be located so that no portion of the frontage of any lot is more than 500 feet from a fire hydrant. Minimum fire flow shall be 1000 CPM for 2 hours duration at 20 PSI. 59. The applicant/developer shall provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. A: PM26488 27 60. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. MITIGATION: 61. Prior to the recordation of the final map, the developer shall deposit with the City of Temecula, a cash sum of $u,00.00 per lot/unit as mitigation for fire protection impacts. All questions regarding the meaning of Conditions shall be referred to the RCFD Planning and Engineer Staff. Temecula Community Service District 62. The Subdivider shall submit to the Planning Director an agreement with the Temecula Community Services District (TCSD) which demonstrates to the satisfaction of the TCSD Board of Directors, and the City that upon the request of a BUILDING PERMIT for construction of RESIDENTIAL structures on one or more of the parcels WITHIN FOUR YEARS following approval of a tentative map, parcel map, or planned development, real estate development, stock cooperative community apartment project and condominium for which a tentative map or parcel map is filed, a predetermined Quimby Act fee in the amount equal to the fair market vallue of required acreage ( Plus 20% for offsite improvements) shall be paid by theowner of each such parcel (s) as a condition to the issuance of such permit as authorized by City of Temecula Ordinance No. u,60.93. 63. The following chart has been prepared to assist staff in calculating requirements of the existing Quimby Ordinance: Dwellinqs Type Persons Per Acres Dwellinq Unit Required* l(ea) Single Family (Detached Garage) 2.98 .01u,90 l(ea) Single Family (Attached Garage) 2.59 .01295 1 (ea) Mobile Home 2.6LI .01360 2 ( ea ) Dwelling Un its Per Structure 2. ~,8 .01320 3 or 4(ea) Dwelling Units Per Structure 2.34 .01240 5 or More Dwelling Units Per Structure 2.72 .01170 * Plus 20% for offsite improvements. A: PM26488 28 ATTACHMENT NO. 3 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Jay Vanderwall Address and Phone Number of Proponent: 992 Carnation Avenue Costa Mesa, CA 92626 Date of Environmental Assessment: May 1, 1991 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Change of Zone No. 15 and Tentative Parcel Map No. 26q88 6. Location of Proposal: Southeast corner of Calle Chapos Road and Walcott Lane Environmental Impacts (Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X A: PM26u,88 29 Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Yes Maybe No X X X X X X X X X X X A: PM26q-88 30 Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants}? Reduction of the numbers of any unique, Fare, or endangeFed species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, Fare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes Maybe No X X X X X X X X X A: PM26488 31 10. 11. 12. 13. Noise. Will the proposal result in: Yes Maybe No a. Increases in existing noise levels? __ X Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? X X X X Substantial depletion of any non- renewable natural resource? X Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X X X X X A: PM26488 32 14. Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmental services: 15. Energy. Will the proposal result in: 16. Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Yes Maybe No X X X X X X X X X X X X X X A: PM26488 33 17. 18. 19. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health } ? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X X X X X X X X A: PM26488 34 Yes Maybe No 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? __ X X X X A: PM26q88 35 I II Discussion of the Environmental Evaluation 1.3. 1.C. 1.d. 1.e. 1.f. 1.g. 2.a-c. 3.b,c. 3.d. No. The project does not propose excavation or invasion of significant geologic substructures. Maybe. At full realization, the project may involve construction of up to four (u,) new residences; with the necessary attendant grading and compactlon. Due to the limited scale of this project, environmental impacts of soil disruption should be insignificant. No. Construction pad grading of the subject site is anticipated should residential construction eventually occur. Given the project's limited scale, impacts will be restricted to the immediate site. No significant impact. No. No unique geologic nor physical features exist on the subject site. No. The project, if fully realized, will result in only minor overcovering of natural terrain. Substantial increase in erosion of on and off site soil is highly improbable. No. The project does not propose elements or activities that will likely modify existing erosion patterns affecting beach sands and river/stream beds. No. No construction is proposed in known earthquake, landslide, or similar hazard zones. No. The project is of insignificant scale in the context of City-wide and regional development. Ambient air qualities should not be noticeably affected. No. No development activities are proposed that could foreseeably impact rivers, streams, ocean beds, inlets or lakes. No. Localized runoff patterns may change subsequent to eventual construction of a new residence. However, due to the limited scale of this proposal and relative distance from marine and fresh waters, these ecologic features should not be impacted to any degree of significance. No. There may be a nominal increase in off-site bodies of water volumes due to increased runoff from the subject site should residential construction eventually occur. No realizable impacts. No. Assuming residential construction ensues approval of this project, runoff characteristics of the subject site may be altered, including minor fluctuations in runoff characteristics such as temperature, dissolved oxygen, and turbidity. However, impacts of any significance are unlikely. A: PM26488 36 3.f,g. 3.h. 3.i. Ll.a,b, c,d. 5.a. 5.b. 5.c. 6°8. 7.8. No. Percolation rates of the project site will likely decrease subsequent to eventual residential construction, thereby decreasing ground water recharge rates. As possible new construction will likely consist of four (L~) or fewer residences, impacts of such limited development will likely be insignificant. No. Potential water consumption of the few single family residences which may result from this proposal are insignificant in the context of City-wide development. No. The project site is not subject to identified flood hazard nor tidal inundation. No. Subsequent to subdivision of the property in question, and in conjunction with eventual residential construction, native species on the subject site may be replaced with new plant species, i.e. , turf, non-indigenous shrubs, trees, etc. Significant impacts are unlikely. Endangered/unique vegetative species are not currently present on the subject property. The subject site supports no agricultural crops at present. No. Eventual residential construction may displace insignificant numbers of typical native animals and insect species. Environmental consequences will be negligible. No. The subject property does not serve as identified habitat for any endangered species of animals or fish. Such species do not currently inhabit the project site. No. Elimination of insignificant habitat may eventually occur should residences be constructed. No noticeable impacts are anticipated. Mitigation of regional destruction/displacement of Stephen~s Kangaroo Rat and habitat is mitigated by appropriate fee payment as per attachment No. 5 of this Staff Report. Maybe. No. Ambient noise levels on the subject property may increase should construction activities ensue approval of this parcel map. Long term noise level increases are also a logical consequence of eventual development of the project site. Overall noise level increase are considered insignificant in a City-wide context. No. Residential construction subsequent to parcelization of the subject site will contribute only nominally to ambient light levels. No. Full project realization may result in construction of new residences at a greater density than present zoning of the property allows. Approval of the attendant Zone Change Request (CZ No. 15) will provide for subdivision of the subject site as requested. Noticeable impacts should be negligible given the trend toward increased densities of residential development in the vicinity of this proposal. A: PM26488 37 10,a. 10.b. 11. 12. 13.a,c. 13.b. 13.d. 13.e. 13.f. 14.a-e. 14.f. 15.a,b. 16.a-f. No. Eventual construction and habitation of additional residences, which may result subsequent to project approval, will not significantly affect resource consumption rates. No. Hazardous substances of any significant quantity are not, nor will be located on the subject site. No. The project site is not within an identified emergency response/evacuation plan movement corridor. Maybe. The proposal may eventually contribute a nominal quantity of additional residences to the regional population with no discernable impacts. Maybe. The proposal at full realization, will result in the potential addition of four (q) single family residences to the region's housing stocks. Impacts are insignificant. No. The addition of four (4) single family residences subsequent to full project realization will not contribute significantly to average daily traffic to and from the project site. Maybe. The project could possibly contribute approximately 8-12 additional parking spaces subsequent to eventual construction activities. Effects on parking availability are considered insignificant. No. Traffic will eventually commute to and from a currently vacant lot which may eventually accommodate single family residences. Existing traffic volumes and circulation patterns should not be noticeably affected. No. Waterborne, rail, and air traffic routes of significance are non- existent in the vicinity of the project site. No. Slight increases in localized traffic volumes, may increase the possibility of traffic hazards. Increases in hazards above existing levels are considered insignificant. Maybe. All subdivision proposals may eventually increase demands on public services. Such demands are partially mitigated and financed by property taxes, user fees, assessment districts, developer impact fees, etc. Impacts of this individual proposal will not be significant. No. Impacts on other governmental services have not been identified at this time. No. Eventual construction and habitation of single family residences should only nominally affect consumption and stores of energy sources. No. Nominal extensions of individual service lines may eventually be required. Impacts are considered insignificant. A: PM26488 38 17.a,b. 18. 19. 20.a,b. 2o.d. 21 .a-d. No. The project may eventually result in construction and habitation of single family residences; which is not normally associated with the creation of health hazards. Further, no health hazards have been identified on the project site. No. Identified vistas of significance do not exist in the immediate vicinity of the project site. No. The project site is not an identified recreational amenity. Further, use of existing recreational facilities should increase only nominally at full project realization. No. Due to the disturbed nature of the project site and surrounding area, presence of historic or prehistoric archaeologic resources is highly unlikely. No. No religious or sacred facilities are present on or in the vicinity of the project. No. Reference items 1 - 20. A: PM26488 39 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed Change of Zone (CZ No. 15) COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed Tentative Parcel Map (TPM No. 26488) could have a significant effect on the environment, there will not be a significant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NECATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X X May 1, 1991 Date For CITY OF TEMECULA A:PM26488 40 ATTACHMENT NO. q. EXHIBITS A: PM26488 41 CITY OF TEMECULA ) r~X~iT; A CASE NO.61~OAs/ CITY OF TEMECULA ~ CITY OF TEMECULA ~ F"/- ~ CITY OF TEMECULA ~ PARCEL MAP NO. 26488 c s ,.x~,rr ,o. '[::> '. kp.C. OATE 1"1'<tl j CASE NO.: ATTACHMENT NO. 5 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST ChanqeofZone No. 15/Tentative ParceIMap No. 26488 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation ( Qu imby ) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 17 Condition Nos. 20, 62 Condition No. 53 Condition No. 36 Condition No. 16(a) Condition No. 61 Condition No. 51 A: PM26488 42 June 20, 1991 City of Temecula Planning Comm4ssion 43180 Business Park Drive Temecula, Ca 92390 Case No: Change of Zone No. 15/Tentative Parcel ~ap No. 26488 (CZ No. 15/TI~ 26488) Gentlemen: He own the 2t acres to the south, adjoining Mr. Vandervall's property and 5 acres across the street from the southwest corner of the Vandervall property. Our major concern is whether the Planning Conmission plans to impose a house only restriction. All of the properties south of ~r. Vandervall's property have custom homes built on them. North and west of the property,. the area is spattered with mobile homes, many of which are in serious seed of upkeep. Host have illegal barns and sheds which are an eyesore to the area. Another concern is what does the Planning Cv--tssion plan to do with the road? Mloving a property split will generate mare traffic on our dirt road. As it stands nov, I personally (with no help from the neighbors and certainly not from the city) grade one (1) nile of dirt road to make this accessible during the rainy season. Note traffic will create more work for me. This is not what I pay taxes for. In s-~,,,~y, we would not oppose the property split providing the Planning Commission paces an irrevocable "homes onlyn restriction on the property and providing the city is committed to at least maintenance of the dirt road if paving is not a consideration. If the above concerns are not incorporated as conditions to the split, we then adamantly oppose this subdivision. Sincerely Io rham P. O. Box 1680 40095 Walcott Lane Temecula, Ca 92390 Certified Hail No. P754 681 484 PLANNING COMMIS8ION MINUTES JULY 1, 1991 5. CHANGE OF ZONE NO. 15 Proposal to change from R-A 2 - 1/2 to R-l-1 and subdivisions of 4.5 +/- acres into 4 parcels. Located at the southeasterly corner of Walcott Lane and Calle Chapos. Chairman Chiniaeff indicated a conflict of interest and turned the gavel over to Vice Chairman Ford. CHARLES RAY provided the staff report. VICE CHAIRMAN FORD opened the public hearing at 6:25 P.M. JAY VANDERWAL, 992 Carnation Avenue, Costa Mesa, applicant, expressed his concurrence with the staff report and Conditions of Approval. Mr. Vanderwal also stated that he concurred with the request by neighboring residents, Mr. & Mrs. Gorham, that there be no mobile homes allowed. VICE CHAIRMANFORD questioned the requirement of Condition of Approval No. 33. DOUG STEWART stated that there are some items that all residents participate in through the CSD. Commissioner Hoagland and Fahey expressed a concern for paved road access. COMMISSIONER HOAGLAND stated that he could support the Change of Zone if there were some sort of paved access out to the site. COMMISSIONER HOAGLAND moved to continue Change of Zone No. 15 to August 5, 1991 and offer the applicant the opportunity to work with staff for a suitable access plan, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:I COMMISSIONERS: Chiniaeff Chairman Chiniaeff returned to his seat. PCMIN7/01/91 -3- JUly 5, 1991 PLANNING COMMISSION MINUTES JULY 1, 1991 5. CHANGE OF ZONE NO. 15 Proposal to change from R-A 2 - 1/2 to R-1-1 and subdivisions of 4.5 +/- acres into 4 parcels. Located at the southeasterly corner of Walcott Lane and Calle Chapos. Chairman Chiniaeff indicated a conflict of interest and turned the gavel over to Vice Chairman Ford. CHARLES HAY provided the staff report. VICE CHAIRMAN FORD opened the public hearing at 6:25 P.M. JAY VANDERWAL, 992 Carnation Avenue, Costa Mesa, applicant, expressed his concurrence with the staff report and Conditions of Approval. Mr. Vanderwal also stated that he concurred with the request by neighboring residents, Mr. & Mrs. Gotham, that there be no mobile homes allowed. VICE CHAIRMANFORD questioned the requirement of Condition of Approval No. 33. DOUG STEWART stated that there are some items that all residents participate in through the CSD. Commissioner Hoagland and Fahey expressed a concern for paved road access. COMMISSIONER HOAGLAND stated that he could support the Change of Zone if there were some sort of paved access out to the site. COMMISSIONER HOAGLAND moved to continue Change of Zone No. 15 to August 5, 1991 and offer the applicant the opportunity to work with staff for a suitable access plan, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff Chairman Chiniaeff returned to his seat. PCMIN7/O1/91 -3- July 5, 1991 ITEM #5 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission r~// Oliver Mujica, Senior Planne August 5, 1991 Case No.: Television/Radio Antenna Ordinance The Television/Radio Antenna Ordinance was scheduled for the Planning Commission meeting of August 5, 1991; and a Public Hearing Notice was placed in The Californian pursuant to the California Government Code. On July 22, 1991, the City Attorney decided to continue this item to the Planning Commission Public Hearing date of August 19, 1991, in order to allow the City Attorney and Planning Staff the opportunity to refine the proposed Ordinance. It should be noted that since this item is recommended to be continued to a date specific, the readvertislng of the Public Hearing is not required, RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission CONTINUE the Television/Radio Antenna Ordinance to their meeting of August 19, 1991. OM:ks A:TV/RADIO.ORD ITEM #6 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission r~ Oliver Mujica, Senior Planne August 5, 1991 Case No: Temporary Outdoor Activities Ordinance On June 17, 1991, the Planning Commission considered the "Draft" Temporary Outdoor Activities Ordinance. At the conclusion of the public hearing, the Commission continued the item in order to allow Staff the opportunity to address the following issues: 1) fee levels; 2) activities the ordinance covers and does not cover; and 3) minimum criteria. On July 17, 1991, the City Attorney decided to continue this item "off-calendar," in order to allow the City Attorney, Police Department, and Planning Staff the opportunity to refine the proposed Temporary Outdoor Activities Ordinance. It should be noted that since this item is recommended to be continued "off- calendar," the readvertising of the Public Hearing is required. RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission CONTINUE the Temporary Outdoor Activities Ordinance "off-calendar." OM:ts A:0UTDOOR.ACT\MEM-1 ITEM #7 MEMORANDUM TO: FROM: DATE: SUBJECT: Plannin9 Commission Steve Jiannino, Senior Planner ,¢/~/~ August 5, 1991 Parcel Map No. 25059, Minor Change No. 1 The applicant is requesting a continuance of the above referenced project to the August 19, 1991 Planning Commission meeting. The applicant is working with Staff on the proposed change and Staff concurs with the applicant's request for a continuance. RECOMMENDATION: Staff Recommends that the Planning Commission: Continue Parcel Map No. 25059, Minor Change No. 1 to August 19, 1991. SJ: ks A: PM25059. MEM ITEM #8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Case No.: Conditional Use Permit No. 2846. Revised Prepared By: Scott Wright Recommendation: ADOPT Resolution No. 91- approvin9 a five year renewal Conditional Use Permit No. 2846. of APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Temecula Auto Wrecking and Towing Same To renew Conditional Use Permit No. 28~,6 for the operation of an auto towing and wrecking service. 41910 "C" Street R-R JRural Residential) North: South: East: West: Specific Plan 180, Church Site Specific Plan 180, 2 DU/AC Specific Plan 180, 2 DU/AC R-R ( Rural Residential) Not requested. Auto towin9 and wrecking service North: South: East: West: Church north of Santiago Road Private school Church Vacant parcel, 1-15 Total Site Area: Area of Enclosed Wrecking Yard: Parking Spaces: 45,000 sq.ft. 27,000 sq.ft. 1~,. spaces A: CUP2846 1 BACKGROUND: PROJECT DESCRIPTION: The subject auto wrecking yard has been in operation since 1960. In 1986, the County adopted a Negative Declaration with Environmental Assessment No. 30451 and approved Conditional Use Permit for a five year term to expire in 1991. The land north, south, and east of the site is part of Specific Plan No. 180 which includes 137.8 acres planned for residential development, 6 acres for a church site, and 11.8 acres for professional offices. The Specific Plan areas immediately adjacent to the site are designated for low density residential development but are occupied by a private school south of the site and a church southeast of the site. This application is designated as a Revised Conditional Use Permit because it is a Permit Renewal, not because there has been any change in the operation of the permitted use. The wrecking yard encompasses 27,000 of the 45,000 square feet of the site. The yard is entirely enclosed by a fence made of painted corrugated metal with wood trim. Additional screening is provided by trees and shrubs planted along the outside of the fence on all four sides of the yard. The yard contains a small office and a storage structure. Equipment used in the yard comprises a small auto crusher operated by a six cylinder auto engine and a small forklift. The operation also utilizes four tow trucks. Batteries are removed from the cars and sent to a recycling service. The rest of the car is crushed and sent to Mexico for shredding and resource recovery. Anti-freeze, motor oil, and transmission fluid remain in the cars. The small amount of refuse generated at the site is removed by the owner himself. The 18,000 square feet of the site outside of the enclosed yard is occupied by landscape screening and a parking lot with 14 spaces. The lot is surfaced with decomposed granite as stipulated in the County Conditions of Approval. A: CUP2846 2 ANALYSIS: Conditional Use Permit Required Pursuant to Ordinance 348, Section 5.1 ( d ) { 2 ), auto wrecking yards are permitted in the R-R (Rural Residential zone subject to approval of a Conditional Use Permit. The site is located in the R-R zone. Parkin9 Ordinance 348 requires one parking space per 5,000 square feet of lot area for auto wrecking yards. The total site area is 45,000 square feet. The parking requirement for the subject property is nine ~9) spaces. Fourteen spaces are provided. Compatibility with Adjacent Land Uses The site is located on the southerly side of "C" Street immediately southwest of Santiago Road and is somewhat isolated from the closest residential neighborhood northeast of the site and north of Santiago Road. The land uses which are most exposed to the subject property are the private school south of the site and the church southeasterly of the site. The yard is effectively screened from view from those adjacent properties by the surrounding wall and tall trees. The Rancho Temecula Bible Church which operates the adjacent church and school provided a letter in 1986 supporting approval of Conditional Use Permit No. 2846. The machinery operated in the yard is typical for a small auto wrecking operation rather than a larger operation using heavy equipment which would generate severe noise levels. The Conditions of Approval prohibit operation of the auto crusher during the instructional hours of the adjacent school or during the hours of 6:00 PM to 8:00 AM. In 1986, the Temecula Valley Chamber of Commerce provided a )etter stating that the Chamber had never received any specific cmnplaints concerning the subject auto wrecking yard or its operations. As indicated by the low required parking ratio (one space per 5,000 square feet of lot area), the subject use does not typically generate high volumes of traffic. Project generated traffic does not constitute a significant detrimental impact to the neighborhood. A: CUP2846 3 GENERAL PLAN AND SWAP CONSISTENCY: The site is designated Residential, 2-4 units per acre on the Southwest Area Plan (SWAP). The use in question is not consistent with the SWAP designation. However, SWAP was adopted by the City as a guideline rather than as a binding document. The Planning Commission m-'/use the Conditional Use Permit process to determ~ tie that the use in question is appropriate to the subject property and is compatible with adjacent land uses. Staff does not oppose a renewal of Conditional Use Permit No. 28u,6, but recommends that the permit be reviewed again within two years of the adoption of the City's General Plan. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15301, Class 1 of the California Environmental Quality Act I CEQA ), the operation of an existing facility involving no expansion of the existing use is categorically exempt from the requirements of CEQA. The County adopted a Negative Declaration when the Conditional Use Permit was originally approved in 1986. FINDINGS AND SUPPORTING FACTS: The subject use is in conformance with the R-R (Rural Residential) zone subject to approval of a Conditional Use Permit. Therefore, the renewal of the Conditiona) Use Permit is in compliance with the current zoning for the site. There is a reasonable probability that Conditional Use Permit No. 28u,6 Revised will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time in that the subject use is a business of long standing in the Temecula Valley, and Staff is not concerned that a renewal of the Use Permit will be detrimental to neighboring land uses in that the site is adequately screened from adjacent properties. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan in that site screening and the Condition of Approval restricting the hours of use of machinery on the site are adequate to prevent A: CUP28~,6 4 STAFF RECOMMENDATION: detrimental visual or noise impacts to adjacent properties. The proposed use or action complies with all other applicable requirements of state law and local ordinance in that on-site parking meets the requirement of Ordinance 348, and the County adopted a Negative Declaration when the Conditional Use Permit was originally approved. Project generated traffic is not a significant detrimental impact to the streets in the vicinity, and the site is of sufficient size to provide adequate on-site parking. Renewal of Conditional Use Permit No. 2846 will not be detrimental to the health, safety, or welfare of the community in that car batteries are removed and disposed through a recycling service, lubricants, coolants, and other fluids are not removed from cars or stored on-site, and site screening and operational restrictions are adequate to prevent detrimental visual and noise impacts. Staff recommends that the Planning Commission: ADOPT Resolution 91 - approving a renewal of Conditional Use Permit No. 28u,6 for a term not to exceed five years from the date of approval or two years from the adoption of the City~s General Plan, whichever comes first, based on the Findings contained hereln and subject to the attached Conditions of Approval. SW: ks Attachments: R eso) uti on Conditions of Approval Exhibits A. Vicinity Map B. Site Plan A: CUP2846 5 ATTACHMENT 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 28~,5 REVISED TO PERMIT OPERATION OF AN AUTO TOWING AND WRECKING SERVICE LOCATED AT 41910 "C" STREET AND KNOWN AS ASSESSOR'S PARCEL NUMBER 922-080-004. WHEREAS, Frank Slaughter filed CUP No. 2846 Revised in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said CUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said CUP; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A: CUP2846 6 b) There is tittle or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan. (herelnafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed CUP is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that CUP No. 2846 Revised proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. I1) Pursuant to Section 18.26(e), no CUP may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any CUP approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. A: CUP2846 7 (2) The Planning commisslon, inapprovingtheproposed CUP, makes the following findings, to wit: a) The subject use is in conformance with the R-R (Rural Residential) zone subject to approval of a Conditional Use Permit. Therefore, the renewal of the Conditional Use Permit is in compliance with the current zoning for the site. b) There is a reasonable probability that Conditional Use Permit No. 2846 Revised will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time in that the subject use is a business of long standing in the Temecula Valley, and Staff is not concerned that a renewal of the Use Permit will be detrimental to neighboring land uses in that the site is adequately screened from adjacent properties. c) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan in that site screening and the Condition of Approval restricting the hours of use of machinery on the site are adequate to prevent detrimental visual or noise impacts to adjacent properties. d) The proposed use or action complies with all other applicable requirements of state law and local ordinance in that on-site parking meets the requirement of Ordinance 3u,8, and the County adopted a Negative Declaration when the Conditional Use Permit was originally approved. e) Project generated traffic is not a significant detrimental impact to the streets in the vicinity, and the site is of sufficient size to provide adequate on-site parking. f) Renewal of Conditional Use Permit No. 28u,6 will not be detrimental to the health, safety, or welfare of the community in that car batteries are removed and disposed through a recycling service, lubricants, coolants, and other fluids are not removed from cars or A: CUP2846 8 stored on-site, and site screenin9 and operational restrictions are adequate to prevent detrimental visual and noise impacts. E. As conditioned pursuant to SECT ION 2, the CUP proposed is compatible with the health, safety and welfare of the community. SECTION Z. Conditions. That the city of Temecula Plannin9 Commission hereby approves CUP No. 2846 Revised for the operation and construction of an auto towing and wreckin9 service located at 41910 "C" Street and known as Assessor~s Parcel No. 922-080-004 subject to the followin9 conditions: A. Exhibit A, attached hereto. SECTION 3. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOA(;LAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:CUP2846 9 ATTACHMENT 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Conditional Use Permit No: 28u,6 Revised Project Description: Renewal of a permit to operate an auto towinq and wreckinq service. Assessor's Parcel No.: 922-080-00~, Planninq Department The use hereby permitted by this Conditional Use Permit is for an auto towing and wrecking service. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 28~,6 Revised. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permlttee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. All outdoor lighting shall be from low pressure sodium lamps. This permit renewal shall expire five years from the date of approval or two years from the date of adoption of the City~s General Plan, whichever comes first. Application for an additional renewal must be submitted prior to expiration. In the event the use hereby permitted ceases operation for one year or more, this renewal shall become null and void. Site screening shall be maintained. The dead trees on the easterly perimeter shall be replaced. The wood trim on the screening fence shall be repalnted to match the existing color or in soft green or earth tones. 7. No dismantled automobiles or parts shall be stored outside the screening wall. A: CUP2846 10 Operation of the car crusher or any other equipment which may generate excessive noise shall be prohibited during the instructional hours of the adjacent school and during the hours from 6:00 PM to 8:00 AM. No battery acid, lubricant, coolant, or transmission fluids may be removed from vehicles and stored on site. The project shall conform to the existing County Conditions of Approval for Conditional Use Permit No. 2846. A: CUP2846 11 CITY OF T'E~,/IECULA ~ SITE //1 VICINITY MAP CASE NO. P.C. DATE CITY OF TEMECULA ) ,/ CASE NO.rcut~':z~~i~'' SITE PLAN ) .,,.,.,T.o., ~P.C. DATE ITEM #9 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Case No.: Public Use Permit No, 3 Prepared By: Mark Rhoades Recommendation: Staff recommends that the Planning Commission: ADOPT Resolution 91- approving Public Use Permit No. 3 based on the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXIS'TINC LAND USE: SURROUNDING LAND USES: Ed Dufresne Ministries Markham & Associates To operate a church and related facilities from an existing industrial office complex. L~1743 Enterprise Circle North M-SC North: South: East: West: N/A Manufacturing - Service Commercial ) Industrial Office Industrial Office Industrial Office Vacant Industrial Office North: M-SC South: M-SC East: M-SC West: M-SC A: PUP3 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: Square Footage: Existing Spaces in Center: Spaces Required for Church: Spaces Required for Adjacent Use: 2621 Assembly 952 Office 988 Warehouse 4561 Sq. Ft. 232 26 8 The proposed Public Use Permit was submitted to the City of Temecula Planning Department on July 8, 1991. The proposed use is for a Church facility in an existing industrial office complex. The Public Use Permit is required because the use in question is proposed for the M-SC (Manufacturing - Service Commercial ) zone. The proposed project is a request for a Public Use Permit to allow Church related uses at an existing Industrial office complex which is currently zoned M-SC. The existing building is located at 41769 Enterprise Circle North. The proposed church use will be conducted entirely in Suite A101 during evenings and weekends. The adjacent suite A102 is proposed for warehouse, office, and retail sales space utilized in conjunction with the adjacent church. Suite A102 proposes to conduct normal business operations during standard hours. Parkin9 The existing center currently contains 232 parking spaces. The existing uses in the complex, combined with a full occupancy of office uses would require 231 total parking spaces. The applicant has stated that church activities will be conducted only on weekends and after 7:00 p.m. on week nights. All required parking for the church use would be reciprocal and have no impact on uses which operate during what are considered normal business hours. All of the existing occupants operate during such time. The property owner has provided the City with a letter stating that no tenants will operate during times used by the church. A:PUP3 2 ANALYSIS: ENVIRONMENTAL DETERMINATION: FINDINGS AND SUPPORTING FACTS: The adjacent suite will require 8 parking spaces for office, warehouse, and retail uses conducted during normal operating hours. The parking for Suite A102 is adequately provided by the existing site layout. Zoninq The proposed use conforms with the M-SC zoning requirements, provided a public use permit is approved. The Southwest Area Plan designates this area as "L)" ( Light Industrial ). The proposed use would be consistent with Ordinance 3u,8 provided a public use permit is approved and therefore would be consistent with SWAP. The proposed project is a Class 1 Categorical Exemption per the CEQA Guidelines. The site of the proposed use together with the on-site parking required and provided is suitable in size to accommodate the proposed intensity of development. The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof. All required church parking is reciprocal and the approved hours of operation will insure compliance. Parking for the adjacent facility is adequately provided for under the existing plot plan. As conditioned, the proposed use is not on a scale of intensity to impact adjacent uses. The site for the proposed use has adequate access to the fully improved Enterprise Circle North as evidenced in the site plan for P.U.P. 3. The proposed project will not inhibit or restrict future abillty to use active or passive solar energy systems. Adequate building exposure is provided for these alternatives. As conditloned, the project will not have a significant adverse effect on the environment as the project is categorically exempt per the CEQA Guidelines. A:PUP3 3 There is a reasonable probability that the project will be consistent with the City's General Plan once it is adopted, based on analysis in the staff report and the proposal's conformance with existing applicable ordinances and Conditions of Project Approval. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The Conditions stated in the attached Staff analysis are based on mitigative measures necessary to reduce the severity of, or entirely eliminate potential adverse impacts of the project, including potential impacts on adjacent parking facilities, human health and safety, and fire protection services. There is not a probability of detriment to, or interference with the future adopted General Plan Land Use if the proposed use is ultimately inconsistent with the new General Plan. The proposed use is of insignificant scale in the context of regional development. Further, if found to be ultimately detrimental, the use is subject to termination under City ordinance provisions contained in Section 18.31 of City Ordinance No. 3u,8 These findings are supported by Staff analysis, minutes, maps and exhibits, associated with this application and herein incorporated by reference. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: ADOPT Resolution 91- approving Public Use Permit No. 3 based on the Analysis and Findings contained in the Staff Report. MR: ts Attachments: Resolution Conditions of Approval Exhibits A:PUP3 u, RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PUBLIC USE PERMIT NO. 3 TO PERMIT OPERATION OF A CHURCH AND RELATED USES LOCATED AT 417~.3 ENTERPRISE CIRCLE NORTH, SUITES A101 AND A102. WHEREAS, Ed Dufresne Ministries filed PUP No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said PUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said PUP on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said PUP; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approvin9 projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A:PUP3 5 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed PUP is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: {1 ) The city is proceeding in a timely fashion with a preparation of the general plan. 12) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that PUP No. 3 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.26(e), no PUP may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any PUP approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. A:PUP3 6 ( 2 ) The Planning commission, in approving the proposed PUP, makes the following findings, to wit: a) The site of the proposed use together with the on-site parking required and provided is suitable in size to accommodate the proposed intensity of development. b) The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof. All required church parking is reciprocal and the approved hours of operation will insure compliance. Parking for the adjacent facility is adequately provided for under the existing plot plan. As conditioned, the proposed use is not on scale of intensity to impact adjacent uses. c) The site for the proposed use has adequate access to the fully improved Enterprise Circle North as evidenced in the site plan for P.U.P. 3. d) The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate building exposure is provided for these alternatives. e) As conditioned, the project will not have a significant adverse effect on the environment as the project is categorically exempt per the CEQA Guidelines. f) There is a reasonable probability that the project will be consistent with the City's General Plan once it is adopted, based on analysis in the staff report and the proposal's conformance with existing applicable ordinances and Conditions of Project Approval. g) The lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The Conditions stated in the attached Staff analysis are based on mitigative measures necessary to reduce the severity of, or entirely eliminate potential adverse impacts of the project, including potential impacts on adjacent parking facilities, human health and safety, and fire protection services. A:PUP3 7 h) There is not a probability of detriment to, or interference with the future adopted General Plan Land Use if the proposed use is ultimately inconsistent with the new General Plan. The proposed use is of insignificant scale in the context of regional development. Further, if found to be ultimately detrimental, the use is subject to termination under City ordinance provisions contained in Section 18.31 of City Ordinance No. 348 These findin9s are supported by Staff analysis, minutes, maps and exhibits, associated with this application and hereln incorporated by reference. E. As conditioned pursuant to SECTION 3, the PUP proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. Public Use Permit No. 3 is a Class I Categorical Exemption per the CEQA Guidelines. SECTION 3. Conditions. That the city of Temecula Planning Commission hereby approves PUP No. 3 for the operation of a church and related uses located at 417~,3 Enterprise Circle North, Suites A101 and A102, subject to the following conditions: A. Attachment 2, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: A:PUP3 PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS 8 CITY OF TEMECULA PLANNING DEPARTMENT Conditions of Approval Public Use Permit No. 3 Commission Approval Date: Planninq Department 1. All signage shall require approval by separate permit. 2. Reciprocal access easements shall remain unobstructed. This public use permit shall be subject to Planning Commission review every five (5) years. The permit shall remain active until such times as the Commission determines that the use is not in conformance with the approved conditions of approval. Applicant shall maintain no less than 26 reciprocal spaces on weekends and week nights. Hours of operation for the proposed use in Suite A101 will be limited to after 7:00 pm on week nights, and all day on weekends. The public use permit may be revoked pursuant to Section 18.30 of Ordinance 30,8. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Public USE PERMIT NO. 3. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the alefence, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two ( 2 ) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. In the event the use hereby permitted ceases operation for a period of one { 1 ) year or more, this approval shall become null and void. A:PUP3 9 Engineering Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 10. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 11. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, includin9 that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its buildin9 permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assumin9 benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waivin9 its right to protest the reasonableness of any traffic impact fee, and the amount thereof. A: PUP3 10 GLEN J. NEWMAN FIRE CHIEF RIVERSIDE COUNTY FIRE DEPARTMENT 210 WEST SAN JACINTO AVENUE * PERRIS, CALIFORNIA 92370 (714) 657-3183 July 16, 1991 TO: CITY OF TEMECULA ATTN: PLANNING DEPT RE: PUBLIC USE PERMIT NO: The Riverside County Fire Department has no comments or conditions. All Fire Protection measures will be addressed with the related Building Plans. (Plan Check 426 & 427). All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Micheal E. Gray, Fire Captain Specialist MEG/tm ['1 INDIO OFFICE 79-733 Counn-y Club Drive, Suite F, lndlo, CA 92201 (619) 342~886 · FAX (619) 775-2072 PLANNING DIVISION [Z] RIVERSIDE OFFICE 3760 12th Street. Ri-,enide' CA 92501 (714) 2754777 · FAX (714) 369-7451 C] TEMECULA OFFICE 41002 County Center Drive, Suite 225, Teraecuh, CA 92390 (714) 694-5070 * FAX (714) 694-5076 ~ pr/nted on recycled paper IUL 24 '91 1-4:13 rl~RF~HF~r.1 g ~SSOC P.2, 3 FROM: RE: County of Riverside DEPARTMENT OF HEALTH DATE: 07-24-9! He&lth Specialist Ill Permit 3 ~nd ha~ no objections- Sanitary ~J&~,P,l}/~aJ~, "w~l-eerva" letters from Lhe sewerJn9 ~genc~es will be required. SM:dr CITY OF TEMECULA ) gN TaR-P i~ t.5 m ~,,IIV-,~F-- .I,,3o'K'TH CITY OF TEMECULA ) SWAP MAP C cITY OF TEMECULA ) A-I-IO \\ ,,,~Z4077 M-F" 3Z -'-'~.~' X : 46C x M-SC x. 'czars9 xx~./ , '~' ZONE MAP ) ,.c. o,T.E~.5.q L, CITY OF TEMECULA ~ ,/ / ITEM #10 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Case No.: Change of Zone No. 18; and Specific Plan No. 219, Amendment No. 2 Prepared By: Oliver Mujica Recommendation: 1. RECOMMEND ADOPTION of Negative Declaration for Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2; ADOPT Resolution No. 91- recommending approval of Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2; and RECOMMEND Adoption of Ordinance No. 91- , entitled "An Ordinance of the City Council of the City of Temecula, California, Amending Zoning Ordinance No. 91-13 Pertaining to Ordinance No. 348.2919 ISpecific Plan No. 219) as it Relates to Zoning." APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LQCAT ION: EXISTING ZONING: Sam McCann Turrini & Brink Change the zoning designation of the subject property from R-A-2 1/2 to Specific Plan; and, Amend the boundary of Specific Plan No. 219, Amendment No. 1 to include Planning Area No. 36. Southeast corner of Margarita Road and De Portola Road. Specific Plan No. 219, Amendment No. 1 A:SP219-A 1 SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: BACKGROUND: North: South: East: West: Planning Area No. 1 R-A-2 1/2 R-A~2 1/2 ( Residential Agricultural, 2 1/2 acre minimum lot size) Planning Area No. 1 ( C o m m u n i t y / Neighborhood Commercial ) ( Community/ Neighborhood Commercial ) ~ Residential Agricultural, 2 1/2 acre minimum lot size) Specific Plan No. 219, Amendment No. 2 Vacant On September 6, 1988, the Riverside County Board of Supervisors adopted Resolution No. 88-470 approving Specific Plan No. 219 IPaloma Del Sol, formerly the Meadows). )n addition, the Board of Supervisors certified Environmental Impact Report No. 235, for Specific Plan No. 219, as an accurate and objective statement that complies with the California Environmental Quality Act ICEQA). Furthermore, a statement of overriding findings was made for the Air Quality Impacts. On April 9, 1991, the City Council adopted Resolution No. 91-36 approving Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 amending the boundaries and land use designations of Planning Areas 1, 2, 5 and 6 of Specific Plan No. 219. Subsequently, on April 23, 1991, the City Council adopted Ordinance No. 91-13 amending Zoning Ordinance No. 90-04 pertaining to Ordinance No. 348.2919 |Specific Plan No. 219) as it relates to zoning. On June 10, 1991, the applicant filed Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2. On June 20, 1991, Change of Zone No. 18; and Specific Plan No. 219, Amendment No. 2 was reviewed by the Formal Development Review Committee; and, it was determined that the Specific Plan document was acceptable to proceed with the Public Hearing process and that the project, as designed, can be adequately condltioned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to conditions. A:SP219-A 2 , PROJECT DESCRIPTION: ANALYSIS: As noted above, Change of Zone No. 18; and Specific Plan No. 219, Amendment No. 2 proposes to change the zoning designation of the subject 2.5 acre site from R-A-2 1/2 to Specific Plan; and amend the boundary of Specific Plan No. 219, Amendment No. 1 to include the subject property as Planning Area No. 36. Land Use Modifications Specific Plan No. 219, Amendment No. 2 proposes to modify the Land Use Plan {see Figure 3 - Approved and Amended - pages 17 and 18) by increasing the total commercial acreage from 51 acres to 53.5 acres. Circulation Plan Modifications As illustrated on Figures 4 and 15kk Ipages 20-1 and 162-3 respectively), Specific Plan No. 219, Amendment No. 2, proposes to provide access to Planning Area No. 36 from both Margarita and De Portola Roads. However, it should be noted that these access points have been identified as "potential" access points only; and that the exact number and location of driveways for Planning Area No. 36 will be determined during the review of a plot plan application. Road Improvements Margarita Road will be constructed by the project developer from east of the centerline to the curb, between Pauba Road and Highway 79. Traffic Impacts The Transportation Engineering Staff has reviewed this project; and has determined that the proposed project is consistent with the traffic mitigation measures of EIR 235 adopted for Specific Plan No. 219 and there will be no additional adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Development Standards Pursuant tot he request of the Planning Department Staff, the applicant has prepared detailed Development Standards for Specific Plan No. 219, Amendment No. 2, as opposed to referencing Zoning Ordinance No. 348. These standards have been tailored to specifically address development within A:SP219-A 3 SPECIFIC PLAN, GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: the Meadows by taking into consideration the lot sizes and adjacent land uses, within and surrounding the Specific Plan Area. The proposed project is consistent with the SWAP Land Use Designation of Specific Plan; and is consistent with the overall concept of Specific Plan No. 219, Amendment No. 1, in that the total number ol= commercial acreage has increased by only 2.5 acres and the adjacent Planning Area ~ No. 1 ) is also Neighborhood Commercial. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. An Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. There is a reasonable probability that Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of Specific Plan and is consistent with SP 219, Amendment No. 1. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 are ultimately inconsistent with the plan, due to the fact that an approval of such a zone change and amendment may be consistent with the goals and/or policies of the City's future General Plan. The project is compatible with surrounding land uses. The harmony creates a compatible physical relationship with adjoining properties, due to the fact that the adjoining properties were designed as an overall concept for Specific Plan No. 219, Amendment A:SP219-A ~ STAFF RECOMMENDATION: No. 1 and the proposed project is consistent with Specific Plan No. 219. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area· due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219, Amendment No. 1. The Planning Department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of Negative Declaration for Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2; and ADOPT Resolution No. 91- recommending approval of Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2; and RECOMMEND Adoption of Ordinance No. 91- · entitled "An Ordinance of the City Council of the City of Temecula, California, Amending Zoning Ordinance No. 91-13 Pertaining to Ordinance No. 3b,8.2919 (Specific Plan No. 219) as it Relates to Zoning." OM: ks Attachments: Resolution Draft Ordinance Conditions of Approval Environmental Assessment Exhibits: A. Vicinity Map B. Specific Land Use Map C. Planning Area No. 36 Map D. Planning Area No. 36 Standards Specific Plan Text A:SP219-A 5 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 18 AND SPECIFIC PLAN NO. 219, AMENDMENT NO. 2 CHANGING THE ZONING DESIGNATION OF THE SUBJECT PROPERTY FROM R-A-2 1/2 TO SPECIFIC PLAN AND AMEND THE BOUNDARY OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 1 TO INCLUDE THE SUBJECT PROPERTY AS PLANNING AREA NO. 36 FOR THE SUBJECT PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND DE PORTOLA ROAD AND KNOWN AS ASSESSOR~S PARCEL NO. 926-012-006. WHEREAS, Sam McCann filed Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone and Specific Plan Amendment applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone and Specific Plan Amendment on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone and Specific Plan Amendment; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1 ) The city is proceeding in a timely fashion with the preparation of the general plan. ~2 ) The plannin9 a9ency finds, in approvin9 projects and takin9 other actions, includin9 the issuance of buildin9 permits, each of the following: A:SP219-A 6 a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, ~hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone and Specific Plan Amendment, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 will be consistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of Specific Plan and is consistent with SP 219, Amendment No. 1. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 are ultimately inconsistent with the plan, due to the fact that an approval of such a zone change and amendment may be consistent with the goals and/or policies of the City's future General Plan. c) The project is compatible with surrounding land uses. The harmony creates a compatible physical relationship with adjoining properties, due to the fact that the adjoining A:SP219-A 7 properties were designed as an overall concept for Specific Plan No. 219, Amendment No. 1 and the proposed project is consistent with Specific Plan No. 219. Amendment No. I. d) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219, Amendment No. 1. D. The Change of Zone and Specific Plan Amendment are compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in El R 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby recommended for adoption. SECTION 3. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 changing the zoning designation of the subject property from R-A-2 1/2 to Specific Plan and amending the boundary of Specific Plan No. 219, Amendment No. I to include the subject property as Planning Area No. 36 ( Neighborhood Commercial ) for the subject property located on the southeast corner of Margarita Road and De Portola Road and known as Assessor's Parcel No. 926-012-006. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN A:SP219-A 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:SP219-A 9 ORDINANCE NO. 91-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF TEMECULAAMENDING ZONING ORDINANCE NO. 91-13 PERTAINING TO ORDINANCE NO. 3~8.2919 ISPECIFIC PLAN NO. 219) AS IT RELATES TO ZONING. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90-00, adopted by reference certain Non-Codified Riverside County Ordinances, including Ordinance No. 30,8, Article X, Section 10.0,.b of Ordinance No. 30,8. SECTION 2. Article XVl la of Ordinance No. 30,8 is amended by adding thereto a new Section 17.36 to read as follows: Section 17.36. SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 219. SEE EXHIBIT "C" SECTION 3. 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 ~. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 5. Effective Date. This Ordinance shall be in full force and effect thirty ~30) days after its passage; and within fifteen { 15) days after its passage, together with the names of the City Council Members voting thereon, it shall be published in a newspaper published and circulated in said City. A:SP219-A 10 PASSED, APPROVED AND ADOPTED this day of , 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CiTY OF TEMECULA ) l, June S. Greek· City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91- was duly introduced and placed upon its first readin9 at a regular meeting of the City Council on the day of 1991, and that thereafter· said Ordinance was duly adopted and passed at a regular meetin9 of the City Council on the __ day of , 1991, by the following vote· to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: June S. Greek· City Clerk A:SP219-A 11 CITY OF TEMECULA CONDITIONS OF APPROVAL SPECIFIC PLAN NO, 219, AMENDMENT NO, 2 Plannlnq Department 1. Specific Plan No. 219, Amendment No. 2 shall consist of the following: a. Exhibit "A": Specific Plan Text b. Exhibit '~B": Specific Plan Conditions of Approval c. Exhibit "C" : Specific Plan Development Standards If any of the following conditions of approval differ from the specific plan text or exhibits, the conditions enumerated herein shall take precedence. The development of the property shall be in accordance with the mandatory requirements of all City of Temecula ordinances including Ordinance Nos. 31~8 and L~60 and state laws; and shall conform substantially with adopted Specific Plan No. 219, Amendment No. 2 as filed in the office of the Planning Department, unless otherwise amended. No portion of the specific plan which purports or proposes to change, waive or modify any ordinance or other legal requirement for the development shall be considered to be part of the adopted specific plan. The project shall comply with the conditions set forth in the following agency letters and/or the requirements set forth by these agencies at the development stage: g- h. i. Road Department Flood Control Fire Department Parks County Administrative Offices Water Agency Sewer Agency Temecula School District Department of Health June 2. 1988 May 26, 1988 January 8, 1988 and February 25, 1991 May 25, 1988 April 5, 1988 May 23, 1988 May 2~,, 1988 January 26, 1988 July 20, 1990 Impacts to the Temecula Valley Unified School District shall be mitigated at the development application stage in accordance with the District policies in effect at the time of tract submittal. A:SP219-A 12 10. 11. Common areas identified in the specific plan shall be owned and maintained as follows: A permanent master maintenance organization shall be established for the specific plan area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public or private. Merger with an area-wide or regional organization shall sat)sly this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. Unless otherwise provided for in these conditions of approval, common areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision is recorded. The maintenance organization shall be established prior to or concurrent with the recordatlon of the first land division, or issuance of any building permits for any approved development permit (use permit, plot plan, etc. ) Development applications which incorporate common areas shall be accompanied by design plans for the common area. Such plans shall specify the location and extent of landscaping, irrigation systems, structures, and circulation (vehicular, pedestrian and/or equestrian). The following special studies/reports shall accompany implementing development applications in the planning areas listed below: Study/Report Planninq Areas Archeological Report Mitigation for Stepbends Kangaroo Rat (See Condition No. 16) As per the County Historian~s requirements 1- and 25 A land division filed for the purposes of phasing or financing shall not be considered an implementing development application; provided that if the maintenance organization is a property owners association, the legal documentation necessary to establish the association shall be recorded concurrently with the recordat/on of the final map. Prior to the issuance of a building permit for the construction of any use contemplated by this approval, the applicant shall first obtain clearance from the Planning Department that all pertinent conditions of approval have been satisfied with the specific plan for the phase of development in questions. A:SP219-A 13 12. An environmental assessment shall be conducted for each tract, change of zone, plot plan, specific plan amendment, or any other discretionary permit required to implement the specific plan. At a minimum, the environmental assessment shall utilize the evaluation of impacts addressed in the prepared for Specific Plan No. 219. 13. Prior to the recordation of a final map, the land divider shall submit to the Planning Department an agreement with the appropriate parks and recreation district which demonstrates to the satisfaction of the City that the land divider has provided for the payment of fees and/or offer of dedication of lands in accordance with Section 10.35 (Parks and Recreation Fees and Dedications) of Land Division Ordinance No. ~,60. Prior to the recordat/on of any final subdivision map or issuance of building permits in the case of use permits and plot plans, the applicant shall submit to the Planning Department the following documents which shall demonstrate to the satisfaction of the City that individual appropriate owners associations will be established and will operate in accordance with the intent and purpose of the specific plan. a. The document to convey title. b. Covenants, Conditions, and Restrictions to be recorded. Management and maintenance agreements to be entered into with the unit/lot owner of the project. The master property owners association, commercial property owners association, and the business park owners association shall be charged with the unqualified right to assess their own individual owners who own individual units for reasonable maintenance and management costs which shall be established and continually maintained. The individual owners association shall have the right to lien the property of any owner who defaults in payment of their assessment fees. Such lien shall not be subordinate to any encumbrance other than a deed of trust, provided such deed of trust is made in good faith and for good value, and is of record prior to the lien of the individual owners association. 15. The applicant or its successor shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Specific Plan No. 219, Amendment No. 2, which action is brought within the time period provided for in California Government Code Section 66L~99.37. The City of Temecula will promptly notify the applicant or its successor of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the applicant or its successor of any such claim, action, or proceeding or fails to cooperate fully in the defense, the applicant or its successor shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. A:SP219-A 1 ~ 16. 17. 18. Trapping studies have indicated the presence of existing habitat ( occupied by Stephen's Kangaroo Rat) for Planning Areas 10 and 25. Prior to issuance of grading permits for this planning area, the applicant shall provide mitigation for removal of the SKR habitat as follows: Memorandum of Understanding between the developer and the California Department of Fish and Game, o_Zr Compliance with an adopted County Program for the mitigation of removal of Stephen's Kangaroo Rat habitat. Within forty-eight ~48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee in compliance with AB 3158, required by Fish and Game Code Section 711 .~,( d ){2 ) plus the Twenty- Five Dollar 1525.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight {48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.~,~c). Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program to the Planning Department for approval, which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. A:SPZ19-A 15 Backqround 1. 2. q. 5, 6. CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Name of Proponent: Address and Phone Number of Proponent: Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Sam McCann 43121Margarita Road Temecula, CA 92390 1714) 676-7484 July 1, 1991 CITY OF TEMECULA Change of Zone No, 18 and Specific Plan No,219, Amendment No.2 Southeast corner of Marqarita Road and De Portola Road, II. Project Description Change of Zone No. 18; and Specific Plan No. 219, Amendment No. 2 proposes to change the zoning designation of the subject 2.5 acre property from R-A-2 1/2 to Specific Plan and Amend the boundary of Specific Plan No. 219, Amendment No. 1 to include the subject property as Planning Area No. 36. A:SP219-A 16 III. Discussion of the Environmental Evaluation The followin9 environmental impacts associated with Specific Plan No. 219 are insignificant in that the design of the project includes the necessary mitigatlon measures which have been adopted within EIR 235: Water and Sewer: The project will have an average daily consumption of domestic water of 1,683,300 gallons at 300 gallons/d.u./day. The project will generation between 1.81 and 3.08 million gallons per day of sewage flow. Onsite wastewater collection facilities will be constructed to tie into Eastern Municipal Water District's master planned facilities being constructed through the Rancho Villages Assessment District. Construction of all structures within the project will conform to state laws requiring water efficient plumbing fixtures. Utilities: Gas, electricity, and telephone service will be provided by respective purveyors of the service. Lines for electrical and telephone services, and mains for natural gas are located along the project boundaries. Enerqy Resources: The project will increase consumption of energy for motor vehicle movement, space and water heating, air conditioning, use of home appliances, and operation of construction equipment. The project will adhere to State Code Title 2~, energy conservation standards and will employ site design, when possible, for additional energy conservation. Non vehicular pathways are included within, and adjacent to, the project site. Commercial and employment centers are in proximity to the project site. D e Parks and Recreation: Project residents will create a demand for parks and recreation facilities, and for open space. The project design provides 2~,2+/- acres of recreation areas, parkway greenbelts, and paseo open space. The following environmental impacts associated with Specific Plan No. 219 are potentially significant, but will be avoided or substantially lessened by the identified mitigation measures which have been adopted within EI R 235: A. Seismic Safety 1. Impact: Although faults have been previously mapped on- site, they have been determined to be inactive and the risk of ground rupture due to faulting on the project is considered nil. Liquefaction potential exists along the entire flat alluviated area of Temecula Creek within the southern site boundary. A:SP219-A 17 2. Mitigation: Slopes and Erosion 1. Impact: 2. Mitiqation: C. Flooding 1. Impact: 2. Mitigation: During site development, additional geologic evaluation shall be continued in order to verify the extent and relative age of fault activity. Mitigation of the liquefaction potential within the southern portion of the site will occur as a result of project development, which will lower artificially high groundwater levels by removal of recharge ponds, as well as increase overburden as a result of site grading. The Meadows Specific Plan will unavoidably alter some of the existing landforms. Owing to the general granular nature of graded slopes, a moderate to severe erosion potential exists if slopes are unprotected. Removal and recompaction of portions of alluvial/colluvial soils within fill areas and shallow cut areas will be necessary. Temporary groundcover shall be provided to prevent erosion during the construction phase. Permanent vegetation shall be planted as soon as possible after grading. Specific requirements for alluvial/colluvial soils removal shall be developed during tentative map studies and incorporated into project grading. The three small possible landslide areas shall be investigated during design level studies and all mitigation measures identified as a result of that investigation will be incorporated into future development approvals. Remedial grading recommendations to provide for the long term stability will be provided based upon a finalized grading design. Development of the Meadows Specific Plan will alter the existing drainage patterns and will increase runoff to Temecula Creek and, to a lesser extent, Murrieta Creek. A master drainage plan has been developed to respond to the hydrologlcal constraints of the site. A more in-depth assessment of the Temecula floodplain shall be conducted during the final design and preparation of the tentative tract maps. and all mitigation measures identified as a result of that assessment will be incorporated into future development approvals. Erosion control devices shall be utilized in hillside development areas to mitigate the effect of increased runoff at points of discharge. If required, the project applicant will contribute Drainage Improvement Fees as appropriate. A:SP219-A 18 Noise 1. Impact: 2. Mitigation: Noise generated from the project will derive from two sources, construction and vehicular traffic, but is not anticipated to result in unacceptable noise levels to existin9 or proposed off-site uses. Onsite areas adjacent to high volume roadways may be subject to noise impacts. A noise analysis shall be required in planning areas adjacent to high volume perimeter roads. If indicated, noise attenuation will be incorporated into project design. Water Quality 1. Impact: 2. Mitigation: Implementation of the project will alter the composition of surface runoff by grading the site surfaces; by construction of impervious streets, rods and parking facilities; and by the irrigation of landscaped areas. Runoff conveyed to Temecula and Murrieta Creeks will contain minor amounts of poll utants. The project will employ erosion control devices during grading, such as temporary betins, culverts, sand bagging or desiltlng basins. Urban runoff will be mitigated through implementation of a street cleaning program. Wild life/V eqetati on 1. Impact: 2. Mitiqation: As a consequence of grassland and coastal sage scrub vegetation removal, existing wildlife will either be destroyed or displaced. Impacts upon habitat containing a population of the Stephen's Kangaroo Rat will result. The project applicant will participate in any in-place County program which provides for off-site mitigation of impacts to the Stepbends Kangaroo Rat, or enter into a Memorandum of Understandln9 wit the California Department of Fish and Game. Historic and Prehistoric 1. Impact: Sites Without proper mitigation, implementation of the Meadows Specific Plan could potentially destroy archaeological/historical sites on the property. A:SP219-A 19 2. Mitiqation: Circulation 1. Impact: 2. Mitlqation: Fire Protection 1. Impact: 2. Mitiqation: Sheriff 1. Impact: 2. Mitigation: Schools 1. I rapact: 2. Mitiqation: Prior to the approval of any additional implementin9 processes, the applicant/developer will meet with the County Historical Commission to determine appropriate measures to mitigate potential impacts to archaeological/historical sites; all mitigation measures identified as a result of the meetingl s) will be incorporated into future development approvals. The Meadows Specific Plan is anticipated to generate ~,7,600 vehicle trips per day at project completion. Approximately I~0,000 of these trips would be external to the site. Construction of the proposed circulation network will adequately service future on-site traffic volumes. Off-site improvements will be constructed as required by the County Road Department and CalTrans. The project site would be subject to Category II urban development requirements with regard to fire protection services. The project site will be served by a proposed fire station, to be constructed near Highway 79. The developer will pay mitigation fees as required by the Board of Supervisors. Project residents will impose increased demands on law enforcement and sheriff services. Project design will incorporate appropriate lighting, site design, security hardware and such design features as will promote optimal security. The developer will pay mitigation fees as required by the Board of Supervisors. The project will generate an estimated 3,109 students in grades K-8 and 1,187 students in grades 9-12, impacting the Temecula Valley Unified School District. The project has designated four elementary school sites and one junior high school site. The developer will pay school mitigation fees as required. A:SP219-A 20 Solid Waste 1. Impact: 2. Mitiqation: Project residents, estimated at 14,587, will generate approximately 58 tons per day of solid waste, incrementally shortening the life of County landfill sites. The County Solid Waste Management Plan includes programs for reducing the quantity of wastes being landfilled, including source reduction and business and residential separation of recoverables. These programs may be implemented by project residents and businesses. Libraries 1. Impact: 2. Mitiqation: The project's population will increase demand for library facilities and services. The developer will pay library mitigation fees as required by the Board of Supervisors. The following environmental impact associated with Specific Plan No. 219 cannot be fully mitigated and a statement of overridin9 findings has been adopted within EIR 235: Air Quality 1. Impact: At project build-out, daily motor vehicle emissions for the project will total approximately 7,754 Ibs/day. Power plant emissions for electrical energy consumed on-site will total 175 Ibs/day. Natural gas emissions for project consumption will total 163.6 Ibs per day. Approximately 100 Ibs of dust per acre will be generated each day of construction in addition to an undetermined amount of motor emissions during site preparation an construction. 2. Mitiqation: Because most of the project-related air pollution emissions are generated by automobiles, effective mitigation is limited. On-site provisions for schools, shopping, and recreation has been incorporated into project design. Sufficient acreage has been zoned for industrial use in the Rancho California/Temecula area to provide employment opportunities. project design includes a circulation plan designed for efficient and direct traffic flows and alternative transit modes including pedestrian, bicycle, and equestrian trails. The Rancho Villages Policy Plan, to which this project is subject, requires pedestrian and bus stop facilities for A:SP219-A 2 1 commercial areas. These requirements will be implemented at the development application stage. Particulate matter and other pollutants generated during grading and construction will be reduced through compliance with County Ordinance No. 457 which specifies watering during construction, and planting of ground cover. IV. Conclusion The Riverside County Board of Supervisors certified Environmental Impact Report I EI R ) No. 235 in conjunction with the approval of Specific Plan No. 219 and Change of Zone No. 51u,0. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. The Board of Supervisors also adopted statements of overriding considerations for the air quality impacts. Specific Plan No. 219, Amendment No. 2 has increased the neighborhood commercial acreage by only 2.5 acres and proposes to modify the boundaries of Specific Plan No. 219, Amendment No. 1 to include Planning Area No. :36; and will not result in additional impacts to the environment. The Conditions of Approval are adequate to mitigate any potential significant impacts to levels of insignificance. Pursuant to Section 1516u, of the California Environmental Quality Act and Condition of Approval No. 12 of Specific Plan No. 219, this Initial Study has been prepared to demonstrate that the changes resulting from the proposed Specific Plan Amendment will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. A:SP219-A 22 ENVIRONMENTAL DETERMINATION On the basis of this initial eva)uation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets, which were adopted for EIR 235, and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X July 1, 1991 Date Oliver Mujica, Senior Planner For CITY OF TEMECULA A:SP219-A 23 .t°' ..,; ../:,' .J UJ ::) Z ..J ii O, (/') !t :36. Planning Xrea 36 a. DescriPtive Summary Planning Area 36, as depicted on Figure lSKK, provides for development of 2.5 acres with Neighborhood Commercial use. A typical site plan is depicted in the Design Guidelines, Sac. IV. b. Land Use and Development Standards Please refer to Zone Ordinance No. Ordinance Tab.) c. Planning Standards (See S.P. Zone ,a * Access to the Planning Area will be provided from Margarita Road and a major roadway (DePortola Road) to the north. Access points, as depicted, are conceptual. Access to the individual planning areas shall be determined when tract maps or plot plans are submitted. ,1 A Minor project entry statement will be provided at the intersection of Margarita Road and DePortola Road at the northwest boundary of the Planning Area. (See Figures 35 and 36.) Roadway landscape treatments, such as those depicted on Figure 23, shall be provided along Margarita Road and DePortola Road. A bicycle trail will be located in DePortola Road to h of the Planning Area as shown on Figure 6. t e north Please refer to Section III.A.1. through III.A.8. for the following Development Plans and Standards that apply site-wide: III.A.1. III.A.2 III.A.3 III.A.4 III.A.5 III.A.6 III.A.7 III.A.8 Specific Land Use Plan Circulation Plan Drainage Plan Water and Sewer Plans Public Facility Sites Phasing Plan Grading Plan Open Space and Recreation Plan Landscaping Plan Please see Design Guidelines, Section IV., for related criteria. The commercial land uses permitted within this Plan- ning Area are designated in the Specific Plan Zoning Ordinance. 162-1 1 1 A Plot Plan will be required for definition form and uses of each commercial area. Waste disposal containers will be limited to desig- nated, confined areas set aside for solid waste col- lection. A minimum of one Neighborhood entry statements will be provided along DePortola Road (See Figure 37). 162-2 Commercial/Neighborhood Commercial Planning Areas 1, 27 and 36 Commercial/Neighborhood Commercial Zone The following regulations shall apply in all Commercial/Neighborhoo~ Commercial Zones: SECTION 9. L USES PERMITrED. The following uses are permitted, only in enclosed buildings with not more than 200 square feet of outside storage or crisplay of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991). (1) Ambulance services. (2) Antique Shops. (3) Appliance stores, household. (4) Art supply shops and studios. (5) Auction houses. (6) Auditoriums and conference rooms. (7) Automobile repair garages, not including body and fender shops or spray painting. (8) Automobile parts and supply stores. (9) Bakery goods diswibutors. (10) Bakery shops, including baking only when incidental to reta~ sales on the premises. (11) Banks and Financial institutions. (12) Barber and beauty shops. (13) Bars and cocktail lounges. (14) Billlard and pool halls. (15) Blueprint and duplicating services. (16) Book stores and binders. (17) Bowling alleys. (18) Catering services. (19) Cleaning and dyeLug shops. (20) Clothing stores. (21) Confectionery or candy stores. (22) Costume design studios. (23) Dance halls. (24) Delicatessens. (25) Department stores. (26) Drug stores. (27) Dry goods stores. -9- (28) Employment agencies. (29) Escort bureaus. (30) Feed and grain sales. (31) Florists shops. (32) Food markets and ~'ozen food lockers (33) Gasoline servic~ stations, not including the concurrent sale of beer and wine for off-premises consumption. (34) Gift shops. (35) Hotels, resort hotels and motels. (36) Household goods sales, including but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios and television sets, including repair thereof. (37) Hobby shops. (38) Ice cream shops. (39) Ice sales, not including ice plants. (~0) Interior de~orating shops. (41) Jewelry stores, including incidental repairs. (42) Labor temples. (43) Laboratories, film, dental, medical, research or testing. (44) Laundries and laundromats, (45) Leather goods stores. (46) Liquor stores. (47) Locksmith shops. (48) Mail order businesses. (49) Manufacturer's agent (50) M~ket, food, wholesale or jobber. (51) Massage parlors, turkish baths, health centers and similar personal service establishments. (52) Meat markets, not including slaughtering. (53) Mimeographing and ~dclressograph services. (54) Mortuaries. (55) Music stores. (56) News stores. (57) Notions or novelty stores. (58) Offices, including business, law, mcdical, dental chiropractic, architectural, engineering, commttnity planning and real estate. (59) One on-site operator' s residence, which may be located in a commercial building. (60) Paint and wallpaper stores, not including paint contractors. (61) Pawn shops. (62) Pet shops and pet supply shops. (63) Photography shops and studios and photo engraving. (64) Plumbing shops, not including plumbing contractors. (65) Poullxy markets, not including slaughtering or live sales. (66) Printers or publishers. (67) Produce markets. -10- (68) Radio and television broadcasting studios. (69) Recording studios. (70) Refreshment stands. (71) Restaurants and other eating establishments. (72) Schools, business and professional, including art, barber, beauty, dance, drama, music and swimming. (73) Shoe stores and rapair shops. (74) Shoesnine stands. (75) Signs, on-site advertising. (76) Sporting goods stores. (77) Stained glass assembly. (78) Stationer stores. (79) Stations, bus, railroad and taxi. (80) Taxidermist. (81) Tailor shops. (82) Telephone exchanges. (83) Theaters, not including drive-ins. (84) Tire sales and service, not including recapping. (85) Tobacco shops. (86) Tourist information centers. (87) Toy shops. (88) Travel agencies. (89) Typewriter sales and rental, including incidental repairs. (90) Watch repair shops. (91) Wholesale businesses with samples on the premises but not including storage. (92) Car washes. (93) Fortune telling, spiritualism, or similar activity. (94) Recycling collection facilities. (95) Convenience stores, not including the sale of motor vehicle fuel. (96) Day care centers. The following uses are permitted provided a conditional use permit has been granted pursuant to City Ordinance. (1) Convenience stores, including the sale of motor vehicle fuel. (2) Gasoline service stations with the concurrent sale of beer and wine for off- premises consumption. (3) Liquid petroleum service stations with the concurrent sale of beer and wine for off-premises consumption, provided the total capacity of all tanks shall not exceed 10,1300 gallons. Any use that is not specifically listed in Subsections a. and b. may be considered a permitted or conditionally permitted use provided that the Planning Director f'mds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls. -11- SECTION 9.2. PLANNED COMMERCIAL DEVELOPMENTS. Planned Commercial Developments are permitted provided a land division is approved pursuant to the provision of Riverside County Ordinance No. 460 (1991). SECTION 9.3. (DELETED.) SECTION9.4. DEVELOPMENT STANDARDS. The following stapdards of development are required in the Commercial/Neighborhood Commercial Zones: Them is no minimum lot area requirement, unless specifically required by zone classification for a particular area. There are no yard requirements for buildings which do not exceed 35 feet in height except as required for specific plans. Any portion of a building which exceeds 35 feet in height shall be setback from the front, rear and side lot lines not less than 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing public right-of-way slxeet line unless a specific plan has been adopted in which case it will be measured from the specific plan slreet line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a sa'eet, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line, or from an existing adjacent public right-of-way street line unless a specific plan has been adopted, in which case it will be measured from the specific plan s~'eet line. c. All buildings and structu~s shall not exceed 50 feet in height. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet. -12- ITEM #11 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Case No.: Tentative Tract Map No. 24172 Prepared By: Richard Ayala Recommendation: 1. ADOPT the Negative Declaration for Tentative Tract Map No. 24172; and ADOPT Resolution No. 91- approvin9 Tentative Tract Map No. 24172, based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Michael Lanni NBS/Lowry Subdivide 5 acres into 8 residential parcels. East side of Ynez Road between Pauba Road and Santiago Road. R-A-20,000 ( Residential Agricultural, Sq. Ft. Minimum Lot Size) North: South: East: West: SP Not requested. Vacant 20,000 R-1-14,000 R-A-2 1/2 R-A-2 1/2 (One Family Dwellings, 14,000 Sq. Ft. Min. Lot Size) ( ResidentialAgricultural, 2 1/2 Acre Min. Lot Size) ( ResidentialAgricultural, 2 1/2 Acre Min. Lot Size) (Specific Plan No. 180) A: TM24172 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: North: South: East: West: Single Family Residential Single Family Residential Single Family Residential Single Family Residential No. of Acres: No. of Lots: Proposed Lot Sizes: 5 8 20,000sq .ft. The application for Tentative Tract Map No. 2u, 172 was originally submitted to the Riverside County Planning Department on April 5, 1989. It has been through the LDC (Land Development Committee) process in the County and, upon transfer to the City, has gone through a Pre-Development Review and a Formal Review process. A biological and Geotechnlcal Fault study was requested by the Riverside County Planning Department and indicated that the proposed development will have no significant effect upon the subject site. However, the site is located within the Stephen's Kangaroo Rat Habitat Conservation Plan and will be subject to mitigation fees. The applicant is proposing to subdivide the 5 acre parcel into 8 residential lots. All lots will be 20,000 square feet in size. The proposed lots will have access from a new cul-de-sac which is proposed to be off Ynez Road. The subject site is located on the east side of Ynez Road between Pauba Road and Santiago Road. Land Use and Zoninq The proposed Tentative Tract Map is currently surrounded by low density residential developments zoned R-1-14,000 square feet to the north, R-A-2 1/2 acres to the south and east, and specific Plan No. 180 (Rancho Highlands) with a density of 3-5 DU/AC directly to the west of the subject site. This area has been developed with the exception of the subject site which is currently vacant. The applicant is proposing to create eight 18) 20,000 square foot (0.46 acres} lots with a density of 1.6 DU/AC, which is consistent with the Southwest Area Community Plan {SWAP) which calls for 1-2 DU/AC for the subject site. Planning Staff has reviewed the proposed project and has determined that the proposed 20,000 square foot lots will not have a significant impact on the A:TM24172 2 existin9 character of the immediate surroundin9 area. Access and Circulation Access to the new lots will be provided from a new cul-de-sac off Ynez Road (see site plan). Ynez Road will be improved with 32 feet of asphalt concrete pavement and Street "A" will be improved with L~0 feet of asphalt concrete. Gradinq The proposed project will alter the existin9 natural terrain with the construction of manufactured slopes at 2:1. Approximately 20,000 cubic yards of cut and fill will occur on the subject site in order to create useable building pads at 20,000 square feet. However, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project, and similar types of grading have been conducted in the past adjacent to the subject site. Erosion Control All slopes over three feet in height will be landscaped and irrigated accordin9 to the City Development Code. Furthermore, graded but undeveloped land will be maintained in a weed-free condition and be planted with interim landscapin9 or provided with other erosion control measures as approved by the Director of Buildin9 and Safety. Traffic The Transportation Engineerin9 Staff has reviewed this project; and has determined that the proposed project will have a minimal impact to the existin9 road system and there will be no adverse unmitigable significant traffic impacts resultin9 from the development of this proposed project. Geotechnica) Fault Study A fault investigation was conducted for the subject site, because approximately two-thirds of the property is within the Alquist Priolo Special Studies zone. The report indicated that no evidence of active faultin9 or other adverse geologic structures were encountered in all of the exploratory trenches excavated onsite. In addition, secondary seismic A:TM24172 3 GENERAL PLAN AND SWaP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: hazards of liquefaction, seismic settlement, landslides, earthquake induced flooding, seiches, ground lurching and amplification are considered to be low at this site. According to the Riverside County Engineering Geologist, the fault investigation was prepared in a competent manner consistent with the present "state-d-the-art" and satisfies the requirements of the Alquist-Priolo Special Studies Zones Act, and the associated Riverside County Ordinance No. 547. The proposed density of the project is consistent with the Southwest Area Community Plan of 1-2 DU/ac. In addition, Staff finds it probable that this project will be consistent with the New General Plan when it is adopted. An Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. The proposed Tract Map will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surrounding current residential develop- ment, the Southwest Area Plan and existing zoning. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding development. A: TM24172 4 10. 11. The proposed use complies with State planning and zoning law due to the fact that the project conforms to the current zoning for the site and to Ordinance No. ~,60, Schedule B improvement standards. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and appropriate building area. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots are large enough to provide sufficient southern exposure. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from a proposed cul-de-sac and Ynez Road. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. A:TM2~,172 5 STAFF RECOMMENDATION: Planning Department Staff recommends that the Planning Commission: RA:ks Attachments: 1. 2. 3. 4. ADOPT a Negative Declaration for Tentative Tract Map No. 24172; ADOPT Resolution No. 91- approvin9 Tentative Tract Map No. 24172 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. Resolution Conditions of Approval Environmental Assessment Exhibits A: TM24172 6 ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 24172 TO SUBDIVIDE A 5 ACRE PARCEL INTO EIGHT PARCELS SITUATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN PAUBA ROAD AND SANTIAGO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-060-002. WHEREAS. Michael Lanni filed Tract Map No. 24172 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tract Map on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approved said Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty {30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: I1 ) The city is proceeding in a timely fashion with the preparation of the general plan. ~2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A:TM24172 7 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, I hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. 12 ) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Tract Map No. 2~,172 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. A: TM24172 8 D. (1) Pursuant to Section 6.5, no tract map may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health, safety and welfare of the community, and further, that any Tract Map approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. {2) ThePlanningCommission, inapprovingtheproposed tract map, makes the following findings, to wit: a) The proposed Tract Map will not have significant negative impact on the environment. as determined in the )nltla) Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surrounding current residential develop- ment, the Southwest Area Plan and existing zoning. c) There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding development. d) The proposed use complies with State planning and zoning law due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule B. e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and appropriate building area. f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. A: TM24172 9 g) The design o1: the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots are large enough to provide sufficient southern exposure. h) All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from a proposed cul-de-sac and Ynez Road. i) The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. k) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As condltioned pursuant to SECTION 3, the Tract Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study was performed for this project when determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Tract Map No. 2u, 172 for the subdivision of a 5 acre parcel into three parcels located on the east side of Ynez Road between Pauba Road and Santiago Road and known as Assessor's Parcel No. 9u,5-060-002 subject to the following conditions: A. Attachment 2, attached hereto. A:TM24172 10 PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:TM2~,172 11 ATTACHMENT I I CITY OF TEMECULA COND)TIONS OF APPROVAL Tentative Tract Map No: Project Description: Assessor's Parcel No,: 24172 Subdivide 5 Acres into eiqht residential parcels. 945-060-002 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule B, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty 130) feet. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (:3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated May 20. 1991, a copy of which is attached. A: TM24172 12 10. 12. 13. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department~s letter dated June 6, 1991, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. Lots created by this subdivision shall comply with the followlng: Lots created by this subdivision shall be in conformance with the development standards of the R-A {Residential Agricultural ) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer~s successor~s- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A ) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. A: TM24172 13 The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 2~,172, which action is brought within the time period provided for in California Government Code Section 661~99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. if the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 15. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired m the residence. 16. The subdivlder shall provide for the dedication of park land and/or in-lieu fees to the satisfaction of the Temecula Community Services District {TCSD ) Board of Directors PRIOR TO RECORDATION of final map, as authorized by City of Temecula Ordinance No. L~60.93. The park land dedication requirement shall be a predetermined amount based on the use and number of units proposed. If the park land requirement cannot be met, the applicant shall be required to the fair market value of the required park land acreage | Plus 2096 for offsite improvements). 17. Prior to issuance of a building permit, the applicant shall submit written verification to the Building and Safety Department that all pertinent Conditions of Approval and applicable regulations have been met for the following agencies: Planning Department Temecula Valley School District Fire District Engineering Department County Health Department Water District Temecula Community Services District Flood Control District Eastern Municipal Water District. 18. Within forty-eight (u,8) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ~$1,275.00), which includes the One Thousand Two Hundred Fifty Dollars {$1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711. ~,( d )(2 ) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the A:TM24172 1~ Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code, Section 711.4(c). 19. Prior to final map recordation, the following Conditions shall be satisfied: The followin9 note shall be placed on the Environmental Constraints Sheet: "County Geologic Report No, 603 was prepared for this property by Leighton and Associates on August 23, 1988 and March 12, 1990 and is on file at the Plannln9 Department. The specific items of interest are potentially active faults, seismic design of structures, and uncompacted trench backfill," The final grading report for this site shall be submitted to the Planning Department Engineerin9 Geologist for review and approval prior to issuance of further permits. This report shall address the status of the potentially active faults encountered durin9 grading and strengthenin9 of foundations on Lots 1, 2, and 3, in addition to the standard requirements for a final grading report. The recommendations made in the Addendure Geotechnical Fault Investigation Report dated March 12, 1990 for mitigation of seismic/geologic hazards shall be adhered to in the design and construction of this project. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory, All proposed outdoor lightin9 systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. Enqineerinq Department The followin9 are the Engineerin9 Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 20. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; A:TM24172 15 21. 22. 23. 24. 25. 26. 27. 28. 29. Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Ynez Road shall be improved with 32 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 102, (32'/44'). Street "A" shall be improved with u,0 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 104, Section A (40'/60'). A cul-de-sac shall be constructed at the terminus of Street "A" per Riverside County Standard No. 800A. Vehicular access shall be restricted on Ynez Road and so noted on the final map with the exception of public street intersections as approved by the City Engineer. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. A Notice of Intention to form and/or join the Landscape and Lighting District shall be filed with the City Council. The engineering costs involved in District information shall be borne by the developer. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. b. Drainage facilities. c. Landscaping (street and parks). A:TM24172 16 d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 30. The street design and improvement concept of this project shall be coordinated with adjoining developments. 31, Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. 32. Prior to recordat(on of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 33. Street names shall be subject to the approval of the City Engineering Department. 34. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. 35. All street centerllne intersections shall be at 90 degrees or as approved by the City Engineer. 36. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 37. A minimum centerline street grade shall be 0.50 percent. 38. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). 39. All driveways shall be located a minimum of two {2) feet from the property line. The subdivider shall submit two prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 42. The subdivider shall submit two copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A:TM24172 17 A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the City Engineer permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. u,60 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Engineering Department. A drainage channel and/or flood protection wall will be required to protect the structures by diverting sheet runoff to streets, or to a storm drain. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer~s Office. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 50. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. 51o A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO BUILDING PERMIT: 52. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 53. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. A:TM24172 18 Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 55. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 56. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 57. Asphaltic emulsion lfog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 58. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Ynez Road and shall be included in the street improvement plans. A: TM24172 19 DRC H'EM NO. /-~ TRACT/PARCEL MAP NO. CH'Y OF TEMECULA TEMECULA COMI~IUNITY SERVICES DISTRICT QUIMBY ORDINANCE " residential density shall be determined by multiplying the number of dwelling units by tile number of persons per unit by the ratio of the number of aeres of park land required for each 1,000 persons (i.e., .005). Credits given for proposed parks will be under the discretion of the Temecula Community Services District (TCSD) Director. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the fair market value of any additional land that otherwise would have been required to be dedicated plus 20% for oFfsite improvements. [5~For subdivisious containing 50 parcels or less only the payment of fees may be required; provided however, that when coudomiuium project, stock cooperative or community apartmeut project exceeds 50 dwelling units, the dedication of land ~nay be required even though the number of parcels may be less than 50. {'~Less than 5 Parcels Subdivisions containing less than five (5) parcds w#?! be subject to the following condi~ons: Upon the request of a building permit for construcb~n of resldenb~l structures on One or more Of the parcels within four years following approval of a tentab've map, parcel map, or planned devdopmenC real estate devdopmenC stock cooperative, community apatfment project and condomlnium for which a tentative map or parcel map is h'led, a predetermine-' Quimby Act fee in the amount equal to the fair market value of required acreage (Plus 20% for offsite improvemecl shall be paid by the owner of each such parcel(sl as a condibi~n to the issuance of such permit as authorized by Riverside C6unty Ordinance No. 460 as amended through Ordinance No. 460.93. TIle following chart has been prepared to assist staff in calculating requirements of the existlug Quimby Ordinance: Persons Per Dwellings Type Dwelling Unit Acres Required* [] l(ea) Single Family (Detached Garage) 2.98 .01490 [] l(ea) Single Family (Attached Garage) 2.59 ('i 2( .01295=~ V'~ l(ea) Mobile home 2.64 .01360 ["] 2(ca) ~ 3 or 4(ca) ~] 5 or More Dwellings Units Per Structure 2.48 Dwelling Units Per Structure 2.34 Dwelling Units Per Structure 2.72 20% for of f site improvements. Gary L. King, Park Deve preen o rdinator (I'CSD) Date: .01320 .01240 .01170 ATTACHMENT III CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone Number of Proponent: 5. 6. Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Michael Lanni PO Box 7284 Newport Beach, CA 92660 July 8, 1991 CITY OF TEMECULA Tentative Tract Map No. 24172 East side of Ynez Road between Pauba Road and Santiaqo Road. II Environmental Impacts ( Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X X Substantial change in topography or ground surface relief features? The destruction, covering or modi- fication of any unique geologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X A: TM2u, 172 20 Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air, Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Yes Maybe No X X X X X X X X X X X A:TM24172 21 Change in the quantity of 9round waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes __ Maybe No X X X X X X X X X X A: TM24172 22 Yes Maybe No 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Clare. Will the proposal produce substantial new light or 91are? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances | including, but not limited to, oil, pestlcldes, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X X X X X X X X X X X A :TM24172 23 Yes Maybe No b. Effects on existing parking facili- ties, or demand for new parking? __ __ X c. Substantial impact upon existing transportation systems? __ __ X d. Alterations to present patterns of circulation or movement of people and/or goods? __ __ X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? __ __ X 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X __ b. Police protection? X __ c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X __ f. Other governmental services: __ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? __ __ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? __ __ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? __ __ X A: TM24172 24 17. 18. 19. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excludin9 mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X X X X X X X A:TM24172 25 Yes Maybe No 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? __ X X X X A: TM2L~172 26 Discussion of the Environmental Evaluation EARTH 1.a. 1.b. 1.C. 1 .d,f,g. AIR 2.a-c. No. A conceptual grading plan for the project was reviewed by the City Engineer and was found to be designed in accordance with Temecula's standards and the conditions of approval include mitigation measures in regards to grading. In addition, a fault investigation was conducted on the subject site and concluded with no evidence of active faulting or other adverse geologic features. Therefore, the proposed project will not create an unstable earth condition or change the geologic substructure. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction, and over-covering. Adherence to required City grading and building permits will mitigate potential impacts. Yes. The subject sirens existing topography will be changed due to the 20,000 cubic yards of cut and fill that will take place in order to develop adequate building pads. However, the grading and recontouring of the subject site is not substantial and therefore, this impact is not considered significant. No. The proposed project will not create any significant impacts regarding geologic features or conditions. No evidence of faulting was found in the fault investigation and indications of mass movement or major landsliding have not been observed or reported on the site, nor will the proposed project expose people to any geologic hazards. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted and the proposed drainage facilities are constructed. The wind erosion impact is considered significant but will be mitigated through the use of watering trucks and erosion control planting of disturbed areas after grading. After the project is completed, water will be channeled to drainage easements and streets. Appropriate drainage control devices will have to be approved by the City Engineer and designed in accordance with Temecula's standards and the Conditions of Approval. Therefore, this impact is not considered to be significant, due to the fact that appropriate mitigation measures will be implemented with the project. No. The proposed project will not result in any substantial changes in air quality or movement. A:TM2~172 27 WATER 3.a,c-i. No. The proposed project will not have a substantial impact on any water courses or supplies and the project lies outside of all 100 year flood zones. Furthermore, the project will be free of ordinary storm flood hazard when improvements have been constructed in accordance with the approved plans. The project will not substantially effect ground water basins. 3.b. Maybe. The proposed project will slightly increase the impermeable surface area. Thus, possibly allowin9 for changes in absorption rates, drainage patterns, or the rate and amount of surface runoff on the subject site. However, the amount of runoff water will not be significant and will receive subsequent review. PLANT LIFE No. The proposed project will not have a substantial impact regardin9 plant llfe. ANIMAL LIFE No. Presently, the proposed project site is occupied and native animal species have been displaced. Thus, no substantial impacts will be imposed on any animal life. However, the subject site is in an area shown as Stephen's Kangaroo Rat Habitat, thus, the project will be subject to the appropriate mitigation fees to be used toward implementing Riverside County's Habitat Conservation Plan. NOISE No. The proposed project will not have significant impact on noise nor expose people to severe noise levels. LIGHT AND GLARE No. Only eight additional residential homes will be proposed on the subject site. LAND USE No. The proposed project will not result in a substantial alteration of the present or planned land use of the area. NATURAL RESOURCES 9.a,b. No. The proposal will not increase the consumption rate of any natural or non-renewable natural resource. A: TM24172 28 RISK OF UPSET 10.a,b. No. The proposed project will not promote a risk of explosion or release hazardous substances nor will it interfere with emergency response plan or an emergency evaluation plan due to the fact that only eight additional residential units are proposed. POPULATION 11. No. The proposal will not alter the location, distribution, density or growth rate of the human population in the area, only eight residential units are proposed. HOUSING 12. No. The proposal will not affect existing housing or create additional demand. Due to the fact that only eight additional residential homes are being proposed. TRANSPORTATION/CIRCULATiON 13.a-f. No. Proper transportation facilities are provided for, to the site. PUBLIC SERVICES Yes. The project adds to the cumulative impacts on City Facilities and Resources. Mitigation will be achieved by payment of appropriate fees. l~,.f. Maybe. See l~,.a-e. ENERGY 15.a,b. No. The proposal will not result in the use of substantial amounts of fuel or energy or increase demand of existing sources of energy. UTILITIES 16.a-f. No. No major utility extensions will be required. HUMAN HEALTH 17.a,b. No. No health hazards were apparent or hazardous uses proposed on site. AESTHETICS 18. No. The proposal will not result in the obstruction of any scenic view open to the public. A:TM24172 29 RECREATION 19. No. The subject site is not used for recreational purposes or planned as a recreational site. The area is designated as residential on SWAP. CULTURAL RESOURCES 20.a-d. No. The proposal will not result in adverse effects to historic structures, cultural values, or restrict religious or sacred uses in the area. However, if any cultural resources are encountered as a result of grading, a qualified paleontologist or archaeologist will provide the proper mitigation for further development of this site as required in the Conditions of Approval. MANDATORY FINDINGS OF SIGNIFICANCE 21 .a. No. This project will not substantially degrade the quality of the environment or reduce the habitat for a plant or animal species due to the fact that the project is in an existing urbanized area. However, the project is located within an area designated by the Riverside County as habitat for the endangered Stephen's Kangaroo Rat. The project will be subject to mitigation fees for the Stephen's Kangaroo Rat Habitat Conservation Plan. 21 .b. No. The proposed project will not have the potential to achieve short- term, to the disadvantage of long-term, environmental goals. 21 .c. No. The project does have individually limited impacts, however, if these impacts are cumulatively considered, they do not have a significant impact on the overall environment. 21 .d. No. This project will not cause substantial adverse effects on human beings either directly or indirectly. All regulations and standards will be imposed and maintained on the project so that adverse effects are minimized or eliminated. A: TM24172 30 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X April 12, 1991 Date For CITY OF TEMECULA A:TM24172 31 CITY OF TEMECULA ) _//~ r "~ CASE NO. LOCATION 'MAP ) P.C. DATE A~. ~n~/ CITY OF TEMECULA PLAN 180) R- I-14,000 CZ 3082 ;Z 4837 R-A-2 I/2 CZ 2200 \\:..y pAUBA N,,.~.~_HALCO! I CZ ~ CITY OF TEMECULA ) SP 180 SWAP CASE NO. 'T P.C. DATE -~'~. ~///~/ ! I ITEM #12 Case No.: Recommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Tentative Parcel Map No. 27018 (TPM 27018) Prepared By: Charly Ray Planning Department Staff recommends that the City Planning Commission: 1. ADOPT the Negative Declaration for Tentative Parcel Map No. 27018; and ADOPT Resolution No. 91- approving Tentative Parcel Map No. 27018 based on the Analysis and Findings contained in the Staff Report and associated Initial Environmental Study, and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: The Holt Group, Inc. The Holt Group, Inc. Subdivision of 7.7+/- acres into 3 parcels averaging 2.5+ acres. Southeasterly corner of Santiago and Ynez Roads. R-A-2 1/2 (Residential Agricultural - 2 1/2 Acre Minimum Parcel Size) North: South: East: West: R-A-2 1/2 R-A-2 1/2 R-A-2 1/2 R-A-2 1/2, SP 180 (Specific Plan No. 180, Residential Uses to Northwest) As existing - no change proposed in conjunction with this project. Vacant, Disturbed and Re-vegetated Property A:PM27018 I SURROUNDING LAND USES: North: PROJECT STATISTICS: BACKGROUND: South: East: West: Single Family Residences ( across Santiago Road ) Single Family Residences Single Family Residences Single Family Residences ~across Ynez Road ) Domestic Water: Electricity: Sewage Disposal: Natural Gas: Telephone: CATV: Total Area: 7.72 acres Average Parcel Size Proposed: 2.57 acres Largest Proposed Parcel Area: 2,72 acres Smallest Proposed Parcel Area: 2.50 acres Existing improvements: Access: Santiago and Ynez Roads, abutting the project site to the north and west respectively; both of which are dedicated, paved and maintained City rights-of-way, ( Necessary additional rights-of-way dedications and related improvements associated with this proposal are as specified in the attached Engineering Department Conditions of Approval. ) Rancho California Water District Southern California Edison On-site Septic Disposal Proposed Southern California Gas Company GTE California Inland Valley Cablevision Tentative Parcel Map No. 27018 was initially submitted to the City of Temecula for review on May 14, 1991. The proposal was initially considered by the City's Development Review Committee (DRC) on June 6, 1991. The primary concern expressed by the DRC was the necessity for securing necessary road dedications and related improvements for rights-of-way abutting the project site, The project is compatible with existing parcel sizes in the area. The map is proposed at this time largely for purposes of land conveyance and financing. The applicant has further indicated that proposed Parcel No. 2 is the intended site for eventual construction of church facilities; specific plans for which have not yet been developed. A: PM27018 2 PROJECT DESCRIPTION: The applicant proposes subdivision of 7.7+ acres in accordance with existing zoning and subdivision ordinances affecting the subject property. Eventual construction on the northeasterly portion of the project site (proposed Parcel No. 2) will likely consist of church facilities. Disposition of proposed Parcel Nos. 1 and 3 is undetermlned at this time. The project site is surrounded by large lot residential development in the southeasterly portion of the City. Utilities currently available to the project include: Electric Power {So. Callf. Edison); Natural Gas {So. Calif. Gas Co.); Potable Water ( Rancho Water District ); Sewage Disposal { On-site septic system designed per County Environmental Health Standards); Telephone ( GTE ); and Cable Television ( Inland Valley Cablevlsion). Abutting rights-of-way are currently improved with A.C. pavement accommodating two-way traffic. Curb, gutter, and sidewalks have not yet been constructed abutting the project site, but do exist within the Ynez and Santiago Road rights-of-way immediately to the northwest. The intersection of Santiago and Ynez Roads northwest of the tentative map site has recently been signalized with a u,-way traffic light. Site terrain consists of a gentle slope upwards from the southeast to the northwest. Grade differential between the site's lowest and highest elevations is 25+/- feet over a distance of approximately 1/4 mile. Automobiles crossing the northwest corner of the project site has removed the previously underlying vegetation. Remaining vegetation on the property consists primarily of native and non-native grasses, with a mature stand of Eucalyptus on the site's southeasterly corner. Mature trees on adjacent property also form a natural boundary definition of the proposal's easternmost property line. Significant environmental constraints, e.g., steep slopes, geologic hazards, flood hazards, or endangered species and habitat are not evident. Further discussion of the proposed subdivision's design merits is contained in the Analysis below. A: PM27018 3 ANALYSIS: GENERAL PLAN AND SWAP CONSISTENCY: Land Use Compatibility The map configuration and lot sizes proposed are similar to existin9 parcelization in the project vicinity as evidenced in Exhibit A. Proposed lot sizes also conform with existing zoning ordinances and Southwest Area Plan (SWAP) recommendations affecting the project site, reference Exhibits B and C. As such, the Tentative Map is considered compatible with existing and anticipated development patterns in its vicinity. Access Access to the project site is provided by Santiago and Ynez Roads, both of which are dedicated City rights-of-way improved to two-lane paved status adjacent to the proposal. Eventual improvement of these roads will upgrade them to "major arterial" and "collector" capacities, respectively. Necessary road dedications, and attendant improvements for the referenced rights-d-way are as specified in the attached Engineering Department project Conditions of Approval. Map Desiqn The Tentative Map, as presently configured, provides lot acreages suitable for rural residential estate and/or potential development of church facilities as may be eventually constructed on proposed Lot No. 2. The proposed parcel map, together with the mitigation measures specified in the project Conditions of Approval, provide for development compatible with relevant City land use and subdivision standards, ordinancesand policies. Further, the Initial Environmental Assessment conducted for the project has determined its compliance with applicable sections of the California Environmental Quality Act ( CEQA ). As discussed in the preceding portions of this Staff Report, Tentative Parcel Map No. 27018 complies with applicable State and City land use and subdivision ordinances/policies currently in effect. Further, the map design is compatible with the Southwest Area Plan (SWAP) guidelines for the subject property, which recommend all proposed subdivisions in the vicinity provide 2 1/2 acre minimum parcels. A:PM27018 4 ENVIRONMENTAL DETERMINATION: FINDINGS: As SWAP guidelines will likely form the core of the City's developing General Plan, it is probable that Tentative Parcel Map No. 27018 will substantially conform to the City's ultimate General Plan goals, objectives, and directives affecting the subject property. An Initial Environmental Assessment has been prepared for Tentative Parcel Map No. 27018 (TPM 27018); the analysis of which concludes with the finding that "although the proposed use could have a significant effect on the environment, there will not be a significant effect in the case under consideration because the measures specified in the project's Conditions of Approval mitigate significant potential adverse impacts". The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Parcel Map No. 27018. A Negative Declaration is recommended for adoption. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map is consistent with applicable subdivision and land use ordinances, and conforms with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000- 66009 (Planning Zoning Law), and Government Code Title 7, Division 2. A:PM27018 5 10. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreage al Iowing appropriate building pad sitings. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 27018. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditloned. Easement dedications are not evident in grant deeds describing the subject property. The site for the proposed use is provided legal access via Santiago and Ynez Roads public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. The proposed use will not have a substantial adverse affect on abuttin9 properties or the permitted use thereof. The proposed map provides for parcelization of land similar in character to that evident on neighboring properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. A: PM27018 6 STAFF RECOMMENDATION: Based on the Analysis and Findings contained in the Staff Report and attached Initial Environmental Study, and subject to the attached Conditions of Approval, Planning Department Staff recommends that the City Planning Commission: 1. ADOPT the Negative Declaration for Tentative Parcel Map No. 27018; and ADOPT Resolution No. 91- approving Tentative Parcel Map No. 27018. CR:ks Attachments: 2. 3. 4. Resolution No. 91- Conditions of Approval Environmental Assessment Exhibits A. Vicinity Map B. Zoning Map C. Southwest Area Plan {SWAP) Recommended Land Uses D. Tentative Parcel Map No. 27018 Fee Checklist Correspondence A: PM27018 7 ATTACHMENT NO. 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 27018 TO SUBDIVIDE A 7.7+/- ACRE PARCEL INTO 3 PARCELS AT THE SOUTHEASTERLY CORNER OF YNEZ AND SANTIAGO ROADS. WHEREAS, The Holt Group, Inc., representing the Lutheran Church Extension Fund, filed Parcel Map No. 27018 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1 ) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A: PM27018 8 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, includin9 the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the fol Iowing: a) There is reasonable probability that Parcel Map No. 27018 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. ~,60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. A:PM27018 9 b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. | 2 ) The Plannin9 Commission in approvin9 the proposed Tentative Parcel Map, makes the followin9 findings, to wit: a) The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Parcel Map No. 27018. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map is consistent with applicable subdivision and land use ordinances, and conforms with the City's Southwest Area Plan ( SWAP ) A:PM27018 10 c) d) e) f) g) h) i) guidelines affecting the subject property. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 3b,8, California Governmental Code Sections 65000- 66009 (Planning Zoning Law), and Government Code Title 7, Division 2. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreage al Iowi ng appropriate building pad sitings. The project as designed and condltioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 27018. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the subject property. The site for the proposed use is provided legal access via 5antiago and Ynez Roads public rights-d-way. Development of these roads shall comply with City Engineering Conditions of Approval contained hereln. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas A: PM27018 11 and exposures are provided for these alternatives, j) The proposed use will not have a substantial adverse affect on abuttin9 properties or the permitted use thereof, The proposed map provides for parcelization of land similar in character to that evident on neighborin9 properties. Land use incongruities and associated adverse affects arisin9 from implementation of this proposal are unlikely. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant effect on the environment, there will not be asignificant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 27018 for the subdivision of a 7.7+/- acre parcel into 3 parcels located at the southeasterly corner of Ynez and Santiago Roads subject to the fol lowin9 conditions: A. Exhibit A, attached hereto. SECTION PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN A: PM27018 12 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:PM27018 13 ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 27018 Project Description: Assessor's Parcel No.: Subdivision of 7.72+/- qross acres into 3 parcels averaqlnq 2.5+/- qross acres each 922-140-010 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance Lt60, Schedule H, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's Conditions of Approval, contained herein. The applicant shall comply with the fire improvement recommendations outlined in the Riverside County Fire Department's Conditions of Approval, contained herein. A: PM27018 14 11. 12. 13. The applicant shall comply with the recommendations outlined in the City Building and Safety Department's Conditions of Approval, contained herein. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. The applicant shall comply with the recommendations outlined in the Temecula Community Services District~s Conditions of Approval contained herein. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-A-2 1/2 (Residential Agricultural, 2 1/2 Acre Minimum Parcel Size) zone. Craded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that any adjacent off- site manufactured slopes which may be proposed have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer~s successor's- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per Iot/unlt shall be deposited with the City as mitigation for public library development. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. A: PM27018 15 All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A ) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildings including fireplaces shall not be less than ten 110) feet. f. All street side yard setbacks shall be a minimum of ten (10) feet. 15. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 27018, which action is brought within the time period provided for in California Government Code Section 66~99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 16. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 17. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711 .~,(d)12 ) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 1~, Cal. Code of Regulations 15075. If within such forty-eight (~,8) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.~,(c). Riverside County Department of Health - Environmental Health Services Division The Department of Health Division of Environmental Health Services, Land Use Branch, has reviewed the map described above. If there are any questions concerning this submittal, contact (714) 275-8980. Our recommendations are as fol lows: A:PM27018 16 18o The Environmental Health Services Division (EHSD) has reviewed the above Parcel Map and while we are not privileged to receive any preliminary information relative to subsurface sewage disposal or connection to sewers or domestic water supply, it is our considered opinion that the soils that might be encountered in this area are not conducive to effective subsurface sewage disposal systems and because of soll characteristics in the area, there may be a requirement for extensive grading, compaction, cutting, etc. PRIOR TO RECORDATION OF THE FINAL MAP, an acceptable soils feasibility report shall be submitted for review and approval by the Environmental Health Services Division. IA PERCOLATION FEASIBILITY REPORT iS REQUIRED. ) 19. Prior to any grading, the following information shall be addressed and depicted by a Registered Civil Engineer (RCE), Geologist with soils percolation expertise on all grading plans for parcel maps, where SUBSURFACE SEPTIC SEWAGE DISPOSAL is intended: a. The proposed cuts and/or fills in the areas of sewage disposal systems. b. The primary sewage disposal system and its 100% expansion area. The elevation of the individual building pads in reference to the elevation of the sewage disposal system. The original tile line to be installed and all required expansion area shall be located in a natural undisturbed soil at the depth of the percolation tests performed. On those grading plans prepared by other than the person preparing the feasibility percolation report, a statement must be placed on the grading plan, signed and with seal, as to the appropriateness of the grading plan with regard to the soils percolation engineer's report and particularly specific to items "a" through "d" above. Riverside County Fire Department With respect to the Conditions of Approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 20. Schedule 'ill" fire protection. An approved standard fire hydrant (6"xu,"x2 1/2" ) shall be located so that no portion of the frontage of any lot is more than 330 feet from a fire hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. 21. The applicant/developer shall provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them, prior to recordation of the final map. A:PM27018 17 MITIGATION: 22. Prior to the recordation of the final map, the developer shall deposit with the City of Temecula, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering Staff. City of Temecula Department of Buildinq & Safety 23. The Department of Building and Safety has no conditions of map approval at this time. The recorded map shall be submitted to the Department of Building and Safety for addressing prior to review of structural plans which may be proposed for the subject property. Temecula Community Services District 25. The Subdivider shall submit to the Planning Director an agreement with the Temecula Community Services District (TCSD) which demonstrates to the satisfaction of the TCSD Board of Directors, and the City that upon the request of a BUILDING PERMIT for construction of RESIDENTIAL structures on one or more of the parcels WITHIN FOUR YEARS following approval of a tentative map, parcel map, or planned development, real estate development, stock cooperative community apartment project and condominium for which a tentative map or parcel map is filed, a predetermined Quimby Act fee in the amount equal to the fair market value of required acreage ( Plus 20% for offsite improvements) shall be paid by the owner of each such parcel{s) as a condition to the issuance of such permit as authorized by City of Temecula Ordinance No. 460.93. 26. The following chart has been prepared to assist staff in calculatin9 requirements of the existin9 Quimby Ordinance: Dwellinqs Type Persons Per Acres Dwellinq Unit Required* lJea) Single Family {Detached Garage) 2.98 1 {ea) Single Family JAttached Garage) 2.59 1Jea) Mobile Home 2.64 2Jea) Dwelling Units Per Structure 2.48 3 or 4Jea) Dwelling Units Per Structure 2.34 5 or More Dwelling Units Per Structure 2.72 .01490 .01295 .01360 .01320 .01240 .01170 * Plus 20% for offsite improvements. A:PM27018 18 Engineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways. and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 27. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern rv~unicipal Water District; Riverside County Flood Control District; Riverside County Fire Department; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Temecula Community Services District. 28. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. 29. Ynez Road and Vallejo Road shall be improved with 32 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 102 (88'/611'). Santiago Road shall be improved with 1~3 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- d-way in accordance with County Standard No. 100 {110~/86~). 31. Vehicular access shall be restricted on Ynez Road and so noted on the final map. Corner property line cut off shall be required per Riverside County Standard No. 805. 33. Private drainage easements for cross-lot drainage shall be required and shall be delineated or noticed on the final map. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. A: PM27018 19 35. 36. 37. 38. 39. q.O. q.1. 42. ~3. The subdivider shall construct or post security and an agreement shall be executed 9uaranteeing the construction of the following public improvements in conformance with applicable City standards, Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. b. Drainage facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. Prior to recordation of the final map, the deve)oper shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk ). All driveways shall be located a minimum of two (2) feet from the property line. The subdivider shall submit two prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2~," x 36" mylar by a Registered Civil Engineer, A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. A: PM27018 20 The subdivider shall submit two copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. Drainage calculations shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. On-site drainage facilities, located outside of road right-d-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e. , concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. The subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 50. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer~s Office. 51. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 52. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO BUILDING PERMIT: 53. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. A :PM27018 21 55. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mltigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic millgallon or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 56. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all public streets. 57. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 58. Asphaltic emulsion lfo9 seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 9allon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 59. Existing traffic signal shall remain fully operational at all times. Transportation En.c]ineering PRIOR TO RECORDATION OF THE FINAL MAP: 60. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Ynez Road, Santiago Road, and Vallejo Road, and shall be included in the street improvement plans. 61. If deemed necessary by the City Engineer, plans for traffic signal pole relocation shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Santiago Road and Ynez Road and shall be included in the street improvement plans with the second plan check submittal. Additional detector loops and signal heads shall be provided to conform to new lane configuration. A: PM27018 22 PRIOR TO CERTIFICATION OF OCCUPANCY: 62. All signing and striping shall be installed and operational per the approved plans. 63. If necessary, existing traffic signal facilities, along with added improvements, shall be located and installed at their ultimate location and shall be operational per the approved plans. A: PM27018 23 ATTACHMENT NO, 3 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: The Holt Group, Inc., for the Lutheran Church Extension Fund Address and Phone Number of Proponent: The Holt Group. Inc. (619) 320-0045 275 N. Cielo, D-3, Palm Sprinqs,CA 92262 Lutheran Church Extension Fund 1333 Kickwood Rd., St. Louis, MO 83122 Date of Environmental Assessment: May 17, 1991 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Tentative Parcel Map No. 27018 ( TPM 27018) ( Lutheran Church Parcel Map at Santiaqoand Ynez Roads) 6. Location of Proposal: Southeasterly corner of Santia.qo and Ynez Roads, Temecula, CA Environmental impacts ( Explanations of all answers are provided on attached sheets. ) Yes Maybe No Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X A: PM27018 2u, Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or recJionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Yes Maybe No X X X X X X X X X X A: PM27018 25 Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants {including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes Maybe No X X X X X X X X X × X A:PM27018 26 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticicles, chemicals or radiation ) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes Maybe No X X X X X X X X X X X A: PM27018 27 Yes Maybe No b. Effects on existing parkin9 facili- ties, or demand for new parking? __ __ X c. Substantial impact upon existing transportation systems? __ X d. Alterations to present patterns of circulation or movement of people and/or goods? __ X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? __ X 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? __ __ X b. Police protection? __ __ X c. Schools? X d. Parks or other recreational facilities? X e, Maintenance of public facilities, including roads? __ __ X f. Other governmental services: __ __ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? __ __ X b, Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? __ __ X 16, Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? __ __ X A:PM27018 28 17. 18. 19. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard l excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X X X X X X X X A: PM27018 29 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited. but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yes Maybe No X X X X A: PM27018 30 Discussion of the Environmental Evaluation 1.a. 1.d. 1.e. 1.f. 1.9. 2.a-c. 3.b,c. 3.d, 3.e, No, The project in itself does not propose excavation or invasion of significant geologic substructures, No. At full realization, the project may involve constructing church- related facilities with any necessary attendant grading and compaction. Due to the limited scale of this potential project, environmental impacts of soil disruption should be insignificant. No. Construction pad grading of the subject site is anticipated should construction activities eventually occur on the property in question. Given the project's limited scale, impacts will be restricted to the immediate site. No significant impact. No. No unique geologic nor physical features exist on the subject site. No. The project. if fully realized, will result in minor overcovering of natural terrain. Substantial increase in erosion of on and off site soil is not likely. No. The project does not propose elements or activities that will likely modify existing erosion patterns affecting beach sands and river/stream beds. No. No construction is proposed in known earthquake, landslide, or similar hazard zones. No. The project is of insignificant scale in the context of City-wide and regional development. Ambient air qualities should not be noticeably affected if construction activities eventually occur on the proposal site. No. No development activities are proposed that could foreseeably impact rivers, streams, ocean beds, inlets or lakes. No. Localized runoff patterns may change subsequent to eventual construction activities. However, due to the limited scale of this proposal and relative distance from marine and fresh waters, these ecologlc features should not be impacted to any degree of significance. No. There is likely to be a nominal increase in off-site bodies of water volumes due to increased runoff from the subject site should construction of church facilities eventually occur. No realizable impacts. No. Assuming church construction ensues approval of this project, runoff characteristics of the subject site may be altered, including minor fluctuations in runoff characteristics such as temperature, dissolved oxygen, and turbidity. However, impacts of any significance are unlikely. A: PM27018 31 3.f,g. 3.h. 3.i. 4.a,c. 4.b. 4.d. 5.a. 5.b. 5.c. 6.a. 6.b. 7.a. No. Percolation rates of the project site will likely decrease subsequent to eventual construction, thereby decreasin9 localized 9round water recharge rates. However, impacts of such limited potential development will likely be insi9nificant. No. Water consumption anticipated which may result from this proposal are insignificant in the context of City-wide development. No. The project site is not subject to identified flood hazard nor tidal inundation. No. Subsequent to subdivision of the property in question, and in conjunction with eventual potential construction, native species on the subject site may be replaced with new plant species, i.e., turf, non- indigenous shrubs, trees, etc. Significant impacts are unlikely. No. Endangered/unique vegetative species are not currently present on the subject property. The existin9 stand of mature trees on the southeasterly corner of the project site will be preserved/relocated in accordance with City ordinance. No. The subject site supports no agricultural crops at present. No. Eventual construction may displace insignificant numbers of typical native animals and insect species. Environmental consequences will be negligible. No. The subject property does not serve as identified habitat for any endangered species of animals or fish. Such species do not currently inhabit the project site. No. Elimination of insignificant habitat may eventually occur should construction eventually occur. No noticeable impacts are anticipated. Maybe. No. Ambient noise levels on the subject property may increase should construction activities ensue approval of this parcel map. Lon9 term noise level increases are also a logical consequence of eventual development of the project site. Overall noise level increase are considered insignificant in a City-wide context. No. Eventual construction subsequent to parcelization of the subject site will contribute only nominally to ambient light levels. No. Full project realization may result in construction of new church facilities which is an allowed use of the property in question when approved via the City's Public Use Permit process. Potential impacts are mitigated at time of project review through development of appropriate Conditions of Approval. A: PM27018 32 9.a,b. lO.a. 10.b. 11. 12. 1:3.a,c. 13.b. 13.d. 13.e. 13.f. 14.a-e. No. Eyentual construction and occupancy of the church facilities, which may result subsequent to project approval, will not significantly affect resource consumption rates, No. Hazardous substances of any significant quantity are not currently or anticipated, nor are they to be located on the subject site. No. The project site is not within an identified emergency response/evacuation plan movement corridor. No. The proposal does not entail addition or deletion of elements associated with regional population growth, No. The proposal at full realization, may result in the potential addition of church facilities to serve the region with no direct impact on housin9. Impacts are insignificant. Maybe. The addition of potential church facilities subsequent to full project realization may contribute significant peak volumes to daily traffic to and from the project site. Potential area-wide traffic impacts are mitigated as per the City Engineering Conditions of Approval. No. The project could possibly contribute additional site specific parking spaces subsequent to eventual construction activities. Effects on regional parking availability are considered insignificant. Maybe. Traffic will eventually commute to and from a currently vacant lot which may eventually accommodate church related structures. Existing traffic volumes and circulation patterns should not be noticeably affected. Traffic impacts ass assessed at time of building permit will be mitigated by appropriate Conditions of Approval. Road improvements required of this specific tentative parcel map are contained in the attached Conditions of Approval for Tentative Parcel Map No. 27018. No. Waterborne, rail, and air traffic routes of significance are non- existent in the vicinity of the project site. Maybe. Potential increases in traffic volumes accessing the project site may eventually increase the possibility of localized traffic hazards. increases in regional hazards above existing levels are considered insignificant. Localized potential impacts are mitigated through required road and signalization improvements as per the attached City Engineering Conditions of Approval. No. All new development proposals eventually increase demands on public services. Such demands are partially mitigated and financed by property taxes, user fees, assessment districts, developer impact fees, etc. Impacts of this individual proposal will not be significant as mitigated by the project Conditions of Approval. A:PM27018 33 14.f. 15.a,b. 16.a-f. 17.a,b. 18. 19. 20.a,b. 20.d. 21 .a-d. No. Impacts on other governmental services have not been identified at this time. No. Eventual construction and occupancy of church facilities should only nominally affect consumption and stores of energy sources. No. Nominal extensions of individual service lines may eventually be required. Impacts are considered insignificant. No. The project may eventually result in limited construction activities and occupancy of church facilities; which is not normally associated with the creation of health hazards. Further, no health hazards have been identified on the project site. No. identified vistas of significance do not exist in the immediate vicinity of the project site. No. The project site is not an identified recreational amenity. Further, use of existing area-wide recreational facilities should increase only nominally at full project realization. Additional recreational assets may also be constructed with any proposed church use( s ). No. Due to the disturbed nature of the project site and surrounding area, presence of historic or prehistoric archaeologic resources is highly unlikely. No. No religious or sacred facilities are present on or in the vicinity of the project. No. Reference items 1 - 20. A: PM27018 34 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date For CITY OF TEMECULA X A: PM27018 35 ATTACHMENT NO.~ EXHIBITS A: PM27018 36 CITY OF TEMECULA ~ CASE NO.T~FI~lC~e P.c. oATE, el~l~ CITY OF TEMECULA ~ :< />F t~bo '- t~c Pv,-n/%, [~ L~ct-,~,~t CiTY OF TEMECULA ~ CASE NO. Tfi~I '7,'/,z.~,..,"tn,,: ?-'/,- Ar, r~ :,'4., .,'.i ma, n ~,:w.-t CITY OF TEMECULA ) T£NTATIVE PARCEL MAP N0.2_7018 L__'_'__J F CASE NO.T~f4.?,,lOtq~ p.c..ATE, el~'l~ ATTACHMENT NO. 5 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tentative Parcel Map No. 27018 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation ( Quimby ) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control {ADP) Condition of Approval Condition No. 13(b) Condition Nos. 25 and 26 Condition No. 55 Condition No. 38 Condition No. Condition No. 22 Condition No. 52 A: PM27018 37 ITEM #13 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Case No.: Plot Plan No. 235 ( Class I I Kennel Application ) Prepared By: Richard Ayala Recommendation ADOPT Resolution No. 91- approving Plot Plan No. 235 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Carol Dittmer Carol Dittmer Class II dog kennel, cattery and grooming shop in an existing industrial structure. North side of Las Haciendas Street between Front Street and Del Rio Road. M-M {Manufacturing - Medium) North: M-M South: M-M East: M-M West: M-M Not requested. Commercial Building North: ) ndustrlal South: Vacant East: I ndustrial West: I ndustrial ( Manufacturing - Medium) (Manufacturing - Medium) (Manufacturing - Medium) (Manufacturing - Medium) A:PP235 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: Square Footage of Proposed Business: 2,970 sq.ft. No. of Proposed Do9 Runs: 30 No. of Proposed Cat Cages: 10 Plot Plan No. 235 was submitted to the City of Temecula on May 30, 1991. On June 20, 1991, this project was reviewed by the Preliminary Development Review Committee (Pre- DRC ) in order to informally evaluate the project and address any possible concerns. At the conclusion of the Pre-DRC meeting, it was determined that the subject case had no significant issues and that the project as proposed could be adequately conditioned. Plot Plan No. 235 proposes to establish a Class II dog kennel, cattery and grooming shop in an existing industrial commercial building which currently is occupied by five other businesses. The suite which the applicant is seekin9 to occupy is approximately 2,970 square feet. The applicant is proposing to house a maximum total of 40 dogs/cats which is allowed with a Class II kennel permit. The site is located on the north side of Las Haciendas Street between Front Street and Del Rio Road. The proposed development has been designed in accordance with the standards of the M-M {Manufacturing - Medium) zone. The applicant is seeking approval of a Class II kennel which allows 26 to 40 dogs or cats or combination of both. The intended use is permitted in a M-M zone provided that a Plot Plan is approved under the provisions of Section 18.30 of Ordinance 348. Parking The existing development has a total of 45 standard parking spaces and 2 handicap spaces. The intended use requires 9 parking spaces per Section 18.12 of Ordinance 348. Currently, the industrial commercial building is occupied by five independent businesses which are industrial in nature and A: PP235 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: require minimal parking. Planning Staff has reviewed the site and existing businesses and has determined that ample parking exists in order to support the intended use. Floor Plan Desiqn The proposed dog kennel has been designed according to the provisions of Ordinance 630 regarding kennels and carteties. The proposed project is consistent with the swap land use designation of commercial, which includes distribution warehouses and similar industrial uses in addition to commercial uses. Planning Staff finds the proposed project to ultimately be consistent with the new General Plan when it is adopted. The proposed project is Categorically Exempt pursuant to Article 19, Section 15301, of the California Environmental Quality Act (CEQA). FINDINGS: There is a reasonable probability that Plot Plan No. 235 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with state law due to the fact that the proposed gasoline service station is consistent with the existing zoning and the SWAP land use designation of Commercial. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan due to the fact that the proposed dog kennel is consistent with the existing zoning, the SWAP land use designation of Commercial, and the existing developments of the surrounding area · The proposed use or action complies with state planning and zoning laws due to the fact that the proposed use complies with Ordinance 3q8 and the action complies with state planning laws. A: PP235 3 10. The site is suitable to accommodate the proposed use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of Ordinance 348. The project, as proposed and conditioned, will not adversely affect the public health or welfare due to the fact that the Conditions of Approval include mitigation measures which will ensure that public health and welfare will be maintained. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the existin9 development is consistent with current surrounding development and Ordinance 3z~8. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area due to the fact that the surrounding properties are also zoned M-M (Manufacturing - Medium). The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the interior circulation is suitable and connects with Las Haciendas Street. The project, as proposed and conditioned, will not adversely affect the built or natural environment due to the fact that the Conditions of Approval provide for the necessary mitigations for the project. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project as shown on the plot plan for the site. A: PP235 4 STAFF RECOMMENDATION: The Plannin9 Department Staff recommends that the Planning Commission: ADOPT Resolution No. 91- approving Plot Plan No. 235 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. RA:ks Attachments: Resolution Conditions of Approval Exhibits A:PP235 5 ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 235 TO PERMIT A CLASS II DOG KENNEL AND CATTERY ON THE SUBJECT PROPERTY LOCATED AT THE NORTH SIDE OF LAS HACIENDAS STREET BETWEEN FRONT STREET AND DEL RIO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 921-050-010-6. WHEREAS, Carol Dittmer filed Plot Plan No. 235 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on August 5, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin,qs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty i30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. 12) The planning agency finds, in approvlng projects and taking other actions, including the issuance of building permits, each of the following: ~a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A:PP235 6 There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: I1 ) The City is proceeding in a timely fashion with a preparation of the general plan. 12) The Planning Commission finds, in approving of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the foilowl ng: a) There is reasonable probability that Plot Plan No. 235 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City A: PP235 7 ordinances. b) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. (2) The Planning Commission, in approving of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 235 will be consistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with state law due to the fact that the proposed gasoline service station is consistent with the existing zoning and the SWAP land use designation of Commercial. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan due to the fact that the proposed dog kennel is consistent with the existing zoning, the SWAP land use designation of Commercial, and the existing developments of the surrounding area · c) The proposed use or action complies with state planning and zoning laws due to the fact that the proposed use complies with Ordinance 3L~8 and the action complies with state planning laws. d) The site is suitable to accommodate the proposed use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of Ordinance 3~8. e) The project, as proposed and conditioned, will not adversely affect the public health or welfare due to the fact that the Conditions of Approval include mitigation measures which will ensure that public health and welfare will be maintained. A:PP235 8 f) The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the existing development is consistent with current surrounding development and Ordinance 31~8. g) The proposal will not have an adverse effect on surroundin9 property, because it does not represent a significant change to the present or planned land use of the area due to the fact that the surrounding properties are also zoned M-M (Manufacturing - Medium). h) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the interior circulation is suitable and connects with Las Haciendas Street. i) The project, as proposed and conditioned, will not adversely affect the built or natural environment due to the fact that the Conditions of Approval provide for the necessary mitigations for the project. j) The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project as shown on the plot plan for the site. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Environmental Compliance. The proposed project is Categorically Exempt pursuant to Article 19, Section 15301, of the California Environmental Quality Act (CEQA). SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Plot Plan No. 235 to permit a Class II dog kennel and cattery on the subject property located at the north side of Las Haciendas Street between Front Street and Del Rio Road and known as Assessor's Parcel No. 921-050-010-6 subject to the following conditions: A: PP235 9 A. Attachment II, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: PP235 10 ATTACHMENT I I CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: Project Description: Assessor~s Parcel No: 235 Permit for a Class II Doq Kennel and Cattery alonq with a qroominq shop in an existing industrial structure. 921-050-010-6 Planninq Department All kennels and catteries shall comply with all statutes, ordinances, rules and regulations applicable thereto. All kennels and carteties shall be constructed, maintained and operated in such a manner as to preserve and protect the general health, safety and welfare of the public and of the animals maintained in such kennels and catteries. In furtherance of this purpose, the Health Officer may, in his discretion, impose such reasonable standards in addition to those contained herein, upon any kennel or cattery located in the unincorporated area of the County of Riverside. All housing facilities for animals must be constructed, equipped and maintained so as to continuously provide a healthful, safe and sanitary environment for the animals which are kept therein. Interior walls of indoor housing areas shall be constructed of an impervious material that can be washed and sanitlzed. All kennels and carteties shall provide adequate shelter from the elements and sufficient exercise space for all of the animals maintained therein. 5. Water for drinking shall be available to the animals at all times. A suitable and sufficient supply of appropriate food for the animals shall be maintained on hand and provided at appropriate intervals. Animal food shall be stored under sanitary conditions and food and water receptacles shall be of a material which can be easily cleaned and disinfected. Each kennel and cattery facility shall contain a water basin for the cleaning of food and water receptacles. Kennel and cattery facilities shall have ample and well distributed light. Such lighting may be by natural or artificial means and shall be adequate to permit observation of the animals and to allow for proper cleaning. A:PP235 11 9. The applicant shall obtain and continuously maintain all necessary licenses from the Riverside County Health Department. 10. Kennel and cattery facilities shall be adequately ventilated at all times to provide for the health and comfort of the animals. 11. Fresh air shall be provided by means of windows, doors, vents, or air conditioning and kennels and catterles shall be so ventilated as to minimize drafts, odors and condensation of moisture. 12. Auxiliary ventilation such as fans or air conditioning or similar coolin9 devices shall be provided when deemed necessary by the Health Officer. 13. Heating shall be provided when deemed necessary by the Health Officer. Each kennel and cattery facility shall have available spray equipment and chemicals to control flies and other insects, and rodents. 15. Each kennel and cattery shall provide for the daily disposal of animal wastes. If disposal is by other than a sanitary sewerage system, animal wastes shall be picked up not less than once each day, or more often as needed. Once picked up, animal wastes shall be placed in fly-tight containers until removed from the kennel premises. Said containers shall be transported to an appropriate disposal site not less than once each week. 16. Water hoses shall be positioned so as to provide ready capability for washin9 down all animal wastes. This shall be done often enough each day so as to prevent the build-up of noxious odors, and in no event shall be done less than once each day. All runoff which contains animal wastes must be maintained within the confines of the kennel or cattery premises. All areas wherein water is utilized as a method for the cleaning of animal wastes shall be connected to an appropriate disposal system. 17. The overall kennel and cattery premises shall be kept free of trash, waste and debris of any kind. 18o If a kennel and a cattery are operated or maintained on the same premises, they shall be separated from one another by a solid partition wall which has no doors or windows that communicate from one side of the wall to the other. Such premises shall comply with such other requirements as the Health Officer may reasonably impose under the circumstances. 19. All dogs shall be maintained and confined in a house-type enclosure between the hours of 10:00 PM and 6:00 AM, except that up to four (~,) dogs may be unconfined on the kennel premises during such hours. 20. Dogs shall not be housed or maintained in any area which is less than twenty (20) feet from any property line and no closer than five (5) feet from any structure located on the kennel premises which is used for human habitation, except that where a dwelling house is located on the kennel premises any number of dogs may be taken into said house for temporary periods. As used in this subsection, the term "dwelling house" shall also include a barn, garage A: PP235 12 21. 23. 24. 25. 26. 27. or similar appurtenant structure or outbuilding. Dogs may be exercised on any portion of the kennel premises. The kennel shall be enclosed by a perimeter fence erected for the purpose of containment; such fencing shall be of such height and material as are approved by the Health Officer, and shall comply with all applicable building laws, ordinances, codes and regulations. A caretaker shall be required to be on the kennel premises on a daily basis. A live-in caretaker is required who shall be on the kennel premises daily. All kennels shall be constructed so that there is an indoor housing area and an outdoor run. Runs shall be constructed and located not closer than five {5) feet to any structure used for human habitation located on the kennel premises and not closer than twenty (20) feet to any property line. Indoor housing areas shall be constructed so as to be capable of being enclosed during inclement weather, to provide for noise control and shall be of a size sufficient to accommodate the number of dos housed therein and said number shall be subject to the discretion of the Health Officer. Flooring of runs shall be constructed so as to protect the dogs' feet and legs from injury and appropriate methods of drainage shall be employed to rapidly eliminate excess liquid from such flooring. The cattery shall be located in a buildin9 wherein the walls and floor are constructed of an impervious material which can be washed and sanitized, at least once per day. Said building shall be located at least twenty (20) feet from any property line and not less than five (5) feet from any structure on the kennel premises which is used for human habitation, except that where a dwelling house is located on the cattery premises any number of cats may be taken into the house for temporary periods. As used in this subsection, the term "dwelling house" shall also include a barn, garage or similar appurtenant structure or outbuilding. Notwithstanding any provision of these Standards for Kennels and Carteties, no cattery shall be operated or maintained in a structure used for human habitation or in a 9ara9e. A:PP235 13 CITY OF TEMECULA ) LOCATION 'MAP CASE NO. P.C. DATE --'~. CITY OF TEMECULA ) CZ 9 CZ CZ 915 M-M \\\\ CZ Cm p CZ 1706 r CASE NO./~' ZONE MAP ) P.C. DATE ,-~. CITY OF TEMECULA ) LI SP SWAP MAP r ~ CASE NO. P.C. DATE//~. ~//~/ ITEM #1q STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Case No.: Vesting Tentative Tract Map No. 25417 Prepared By: Oliver Mujica Recommendation: 1. RECOMMEND ADOPTION of Declaration for Vesting Tentative Tract Map No. 25417; and Negative ADOPT Resolution No. 91- recommending approval of Vesting Tentative tract Map No. 25417. APPLICATION INFORMATION APPLICANT: Bedford Properties REPRESENTATIVE: Robert Bein, William Frost and Associates PROPOSAL: Subdivide 37.8 acres into 6 multi-family residential lots and 2 open space lots within Planning Area No. 6 of Specific Plan No. 219, Amendment No. 1. LOCATION: Southwest corner of DePortola road and Meadows Parkway. EXISTING ZONING: Specific Plan No. 219, Amendment No. 1 SURROUNDING ZONING: North: Planning Area No. 8 (Medium density residential ) South: Planning Area No. 1 (Community/ Neighborhood Commercial ) East: Planning Area No. 5 (Medium high density residential) West: Planning Areas Nos. 1 and 8 PROPOSED ZONING: Not Applicable EXISTING LAND USE: Vacant PROJECT STATISTICS: Total Land Area: No. of Proposed Lots: Proposed Density: Specific Plan Density: 37.8 Acres 6 multi-family and 2 open space 15.61 DU/ac 15.61 DU/ac A: TM25417 1 BACKGROUND: On September 6, 1988, the Riverside County Board of Supervisors adopted Resolution No. 88-u,70 approving Specific Plan No. 219 (Meadows). The Meadows provided a total of 5,611 dwelling units on 1,036 acres. In addition, the Board of Supervisors certified Environmental Impact Report No. 235 for Specific Plan No. 219 as an accurate and objective statement that complies with the California Environmental Quality Act (CEQA). Furthermore, a statement of overriding findings was made for the air quality impacts. On November 15, 1989, the applicant filed Vesting Tentative Tract Map No. 25~,17 to the Riverside County Planning Department, which proposed to subdivide the subject 37.8 acre site into 6 multi- family residential lots and 2 open space lots. The project was reviewed by the Riverside County Land Division Committee (LDC) on April 2, 1990. During these meetings the LDC indicated that Specific Plan No. 219, Amendment No. 1 must be adopted prior to the approval of the Tentative Map. Subsequently, this project was transferred to the City of Temecula on April 23, 1990. On November 15, 1990, this project was reviewed by the Preliminary Development Review Committee (Pre-DRC) in order to informally evaluate the project and address any possible concerns, as well as suggesting possible modifications. The comments by the Pre-DRC included the following: 1. Circulation/Access. Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss the required supplemental material in order to address the Pre-DRC's Concerns. On February 27, 1991, Vesting Tentative Tract Map No. 25417 was reviewed by the Formal Development Review Committee; and, it was determined that the project, as designed, can be adequately conditioned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to the conditions. A: TM25417 2 PROJECT DESCRIPTION: ANALYSIS: On April 9, 1991, the City Council Adopted Resolution No. 91-36 approving Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 amending the boundaries and land use designations of Planning Areas 1, 2, 5 and 6 of Specific Plan No. 219. Subsequently, on April 23, 1991, the City Council adopted Ordinance No. 91-13 amending Zoning Ordinance No. 90-04 pertaining to Ordinance No. 348.2919 ISpecific Plan No. 219) as it relates to zoning. The Planning Commission May recall that Vesting Tentative Tract Map No. 25417 was originally scheduled for their public hearing meeting of March 18, 1991. However, at the request of the applicant, this item was continued prior to the meeting "off- calendar" in order to allow the applicant the opportunity to further discuss the Conditions of Approval, relative to traffic mitigation, with the Engineering Department Staff. Vesting Tentative Tract Map No. 25417 proposes to subdivide the subject 37.8 acre parcel into 6 multi- family residential lots; and 2 open space lots; as follows: Lot No. 1 - 5.9 Acres Lot No. 2 - 5.9 Acres Lot No. 3 - 6.2 Acres Lot No. 4 - 6.1 Acres Lot No. 5 - 5.5 Acres Lot No. 6 - 8.2 Acres The proposed subdivision has been designed in accordance with the standards of Specific Plan No. 219, Amendment No. 1. Thus, the project has been conditioned accordingly. Traffic Impacts The Transportation Engineering Staff has reviewed this project; and has determined that the proposed project is consistent with the Traffic Mitigation Measures of EIR 235 adopted for Specific Plan No. 219. A:TM25417 3 Access and Circulation Access is provided to lots 1-3 from proposed street "H"; to lot 4 from Meadows Parkway; and lots 1,5 and 6 from DePortola Road. The access points are consistent with the Circulation Plan of Specific Plan No. 219, Amendment No. 1. (See Figure 4, Page 22; and Figure 15E, Page 91 of Specific Plan Text). General Landscape Requirements Pursuant to Specific Plan No 219, Amendment No. 1, (see Landscape Design Guidelines and Community Elements, page 223-295) all areas required to be landscaped shall be planted with turf, ground cover, shrub or tree materials selected from the plant palette contained in the guidelines. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slopes as well as long-term establishment cover per City standards, The developer shall provide a landscape bond to the City at the time that the landscape plan is approved. The bond is to guarantee the installation of interim erosion control planting in the event that the grading operation is performed and building construction does not commence within ninety (90) days, The owners of parcels which require landscape development shall assess any existing common landscape areas adjoining their property. Where feasible, landscape development shall reinforce or be compatible with such existing common area settl ng. Cut slopes equal to or greater than five feet (5') in vertical height and fill slopes equal to or greater than three feet {3') in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen feet {15' ) in vertical height shall be planted with shrubs, spaced not more than ten feet {10' ) on center or trees spaced not to exceed twenty feet { 20' ) on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground COVer, A: TM25417 4 SPECIFIC PLAN AND GENERAL PLAN CONSISTENCY: ENVIRONMENTAL · DETERMINATION: The plants selected and planting methods shall be suitable for the soil and climactic conditions. Refer to the plant materials palette for the list of community wide slope stabilization plants. The Planning Department Staff has included a Condition of Approval requiring that a final landscaping plan must be submitted for approval by the Planning Department, prior to the issuance of building permits. Gradinq and Landform Alteration Grading and recontouring of this site, which includes 12,000 c.y. of excavation and 850,000 c.y. of fill will occur in the immediate area. Land Use The project site is located within Planning Area 6 of Specific Plan No. 219, Amendment No. 1 which is designated as very high density residential. Vesting Tentative Tract map No. 25LH7 is a 6 lot subdivision only, therefore, the Planning Department Staff has included a Condition of Approval requiring that a Plot Plan Application for the development of lots 1-6 must be submitted for approval, prior to the issuance of buiIdlng permits. The proposed project is consistent with the Land Use Designation of Specific Plan and Specific Plan No. 219, Amendment No. 1 {Planning Area 6 - Very High Density Residential). In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. Pursuant to Condition of Approval No. 12 of Specific Plan No. 219, an Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. A:TM25417 5 FINDINGS: The proposed Tract Map will not have a significant negative impact on the environment. as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with Specific Plan No. 219, Amendment No. 1. There is not a likely probability of substantial detriment to, or interference with,the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with the Specific Plan. The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460. Schedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that the project has access to public roads and a Specific Plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injury to fish or wildlife or their habitat as determined in the Initial Study. All lots have acceptable access to existing and proposed dedicated rights-d-way which are open to, and are useable by, vehicular traffic, access is provided from DePortola Road, Meadows Parkway, and Street "A" of the Specific Plan. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as condltioned. The project will not interfere A: TM25417 6 10. with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of the Negative Declaration for Vesting Tentative Tract Map No. 25u, 17; and ADOPT Resolution No. 91- recommending approval of Vesting Tentative Tract Map No. 25u..17. OM:mb Attachments: 2. 3. u... Resolution ~ Change of Zone No. 5631 ) Conditions of Approval Environmental Assessment Exhibits: A. Vicinity Map B. Specific Land Use Map C. Planning Area No. 6 Map D. Planning Area No. 6 Standards E. Tentative Tract Map Large Scale Plan A: TM25417 7 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 25417 TO SUBDIVIDE A 37.8 ACRE PARCEL INTO 6 MULTI-FAMILY RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS LOCATED ON THE SOUTHWEST CORNER OF DEPORTOLA ROAD AND MEADOWS PARKWAY AND KNOWN AS ASSESSOR'S PARCEL NO. 926-1330-012-014 WHEREAS, Bedford Properties filed Vesting Tentative Tract Map No. 25417 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract Map on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin.qs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty ~30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1 ) The city is proceeding in a timely fashion with the preparation of the general plan. I2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A:TM25417 8 !b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: {1 ) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: There is reasonable probability that Vesting Tentative Tract Map No. 250,17 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. {b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. ~C) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. {1) Pursuant to Section 7.1 of County Ordinance No. 0,60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. A: TM25417 9 That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. |2 ) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: a) The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with Specific Plan No. 219, Amendment No. 1. A:TM25417 10 c) d) e) f) g) h) i) j) There is not a likely probability of substantial detriment to, or interference with,the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with the Specific Plan. The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that the project has access to public roads and a specific plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injury to fish or wildlife or their habitat as determined in the Initial Study. All lots have acceptable access to existing and proposed dedicated rights-d-way which are open to, and are useable by, vehicular traffic, access is provided from DePortola Road, Meadows Parkway and Street ~A" of the Specific Plan. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditloned. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and hereln incorporated by reference. A:TM25417 11 E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment. there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby recommended for adoption. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Vesting Tentative Tract Map No. 25417 for the subdivision of a 37.8 acre parcel into 6 multi-family residential lots and 2 open space lots located on the southwest corner of DePortola and Meadows Road and known as Assessor~s Parcel No. 926-130-012-014 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONER5 NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:TM25417 12 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 25417 Project Description: 6 Multi-Family Residential and 2 Open Space Assessor's Parcel No.: 926-013-012 Planning Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule B, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date by the City Council, unless extended as provided by Ordinance 460. Any delinquent property taxes shall be paid prior to recordatlon of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: a. Be limited to a maximum slope ratio of 2 to 1. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three ~3) feet in height shall be landscaped and irrigated according to the City Development Code. An erosion control landscaping plan demonstrating methods of erosion protection for these slopes shall be prepared by a qualified professional; and shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. A:TM25417 13 10. tl. 12. 13. 14. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated November 13, 1990, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. This subdivision shall comply with Specific Plan No. 219, Amendment No. 1. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of Planning Area 6 as provided in Specific Plan No. 219, Amendment No. 1. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. The subdivider and all successors in interest shall comply with the provisions of Development Agreement No. 4 and Specific Plan No. 219, Amendment No. 1. Prior to recordatlon of the final map, an Environmental Constraints Sheet ~ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 15. The following note shall be placed on the Environmental Constraints Sheet: This property is located within thirty {30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. County Slope Stability Report No. 122 was prepared for this property and is on file at the Planning Department. Specific items of concern in the report are as follows: Slope Stability. A: TM25417 1 16. 17. The developer shall comply with the following parkway landscaping conditions: Prior to the issuance of buildin9 permits, the developer shall secure approval of proposed landscaping and irrigation plans from the City Engineering and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filin9 with the City Engineering Department. The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteein9 the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscapin9 maintenance until such time as maintenance as taken over by the district. The developer shall comply with the standards and exhibits in Specific Plan No. 219, Amendment No. 1. Prior to the issuance of GRADING PERMIT5 the following conditions shall be satisfied: If the project is to be phased, prior to the issuance of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentatlon during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten {10) feet in vertical height shall be contour-graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. A: TM25417 15 18. 19. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: The project shall comply with the requirements of Development Agreement No. ~,. Prior to the issuance of building permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six {6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betruing, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. A: TM25417 16 20. 21. Wall plans shall be submitted for the project perimeter. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with 9ares in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Prior to the issuance of buildin9 permits for Lots 1-6, a plot plan shall be submitted to the Planning Department pursuant to Section 18.30 of Ordinance No. 3~,8 accompanied by all applicable filing fees, as a plot plan that is subject to the California Environmental Quality Act and is transmitted to governmental agencies other than the City Planning Department. The plot plan shall ensure the conformance of the final site development with the Design Cuidelines of Specific Plan No. 219, Amendment No. 1. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vestln9 Tentative Tract Map No. 25u,17, which action is brought within the time period provided for in California Government Code Section 66~,99.37. The City of Temecula will promptly notify the subdlvlder of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. A: TM25~,17 17 22. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval. enter into an agreement to complete the improvements pursuant to Government Code Section 66L~62 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 23. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Prior to recordation of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. 25. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 26. The Covenants, Conditions and Restrictions {CCF, R's) shall be reviewed and approved by the Planning Department and the Public Works Department prior to final approval of the tract maps. The CCF, R's shall include liability insurance and methods of maintaining the open space and private drainage systems. 27. No lot in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 28. Every owner of a lot shall own as an appurtenance to such lot, either ~ 1 ) an undivided interest in the common areas and facilities, or 12) as share in the corporation, or voting membership in an association, owning the common areas and facilities. A: TM25417 18 29. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 30. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee in compliance with AB 3158, required by Fish and Game Code Section 711.4~ d) 1 2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.41c). Department of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 31. As deemed necessary by the Department of Public Works or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 32. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. A: TM25417 19 33. 34. 35. 36. 37, 38. 39. 40. I n the event that full improvements for Meadows Parkway, DePortola Road and Street "A" are not constructed by Assessment District 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 12 foot lane per Riverside County Standard No. 101 {100'/76). The improvements shall be constructed prior to occupancy. Vehicular access shall be restricted on Meadows Parkway, DePortola Road and Street "A" and so noted on the final map with the exception of private street and driveway openings as approved by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage, when deemed necessary, shall be delineated or noticed on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements for joint use driveways shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an agreement shall be executed guaranteelng the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping {street and parks). d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. f. Undergrounding of existing and proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. A:TM25417 20 Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~,61 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 44. Street names shall be subject to the approval of the Department of Public Works. 45. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. 46. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 47. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. L~8. A minimum centerllne street grade shall be 0.50 percent. 49. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2u," x 36" mylar by a Registered Civil Engineer. 50. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 51. The subdivider shall submit two ( 2 ) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. 52. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. 53. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 54. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District and the City of Temecula Department of Public Works for review. A: TM25417 21 55. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 56. Prior to final map, the subdivider shall notify the City~s CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 57. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 58. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of- way. 59. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO BUILDING PERMIT: 60. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 61. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 62. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for A: TM25u,17 22 this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 63. Construct full street improvements includin9 but not limited to, curb and 9utter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. Existin9 city roads requirin9 construction shall remain open to traffic at all times with adequate detours during construction. 65. Asphaltic emulsion (fog seal) shall be applied not less than lu, days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9u, of the State Standard Specifications. Transportation Enqlneerinq PRIOR TO RECORDATION OF THE FINAL MAP: 66. A signln9 and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for DePortola Road, Street "A" and Meadows Parkway. These shall be included in the street improvement plans. Prior to designing any of the above plans, contact the Depatment of Public Works for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 67. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 68. All signing and striping shall be installed per the approved signin9 and striping plan. 69. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Meadows Parkway with DePortola Road and Meadows Parkway with Street "A". All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan when warranted. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements, A: TM25417 23 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone Number of Proponent: 5. 6. Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Bedford Properties 28765 Single Oak Drive, Suite 200 Temecula, CA 92390 (714) 676-7290 February 13, 1991 CITY OF TEMECULA Tentative Tract Map No. 25417 Southwest corner of DePortola Road Meadows Parkway. I I. Project Description Tentative Tract Map No. 25417 proposes to subdivide the subject 37.8 acre site, which is within Planning Area 6 of Specific Plan No. 219, Amendment No. 1, into 6 multi-family residential lots and 2 open space lots. Project Summary: SP 219 TM 25417 Planning Area 5 590 D.U. 6 Lots Ill. Discussion of the Environmental Evaluation The following environmental impacts associated with Specific Plan No. 219 are insignificant in that the design of the project as proposed includes the necessary mitigation measures which have been adopted within EIR 235: Water and Sewer: The project will have an average daily consumption of domestic water of 1,683,300 gallons at 300 gallons/d.u./day. The project will generation between 1.81 and 3.08 million gallons per day of sewage flow. Onsite wastewater collection facilities will be constructed to tie into Eastern Municipal Water District's master planned facilities being constructed through the Rancho Villages A: TM25417 24 B. Utilities: Enerqy Resources: Parks and Recreation: Assessment District. Construction of all structures within the project will conform to state laws requirin9 water efficient plumbin9 fixtures. Gas, electricity, and telephone service will be provided by respective purveyors of the service. Lines for electrical and telephone services, and mains for natural gas are located along the project boundaries. The project will increase consumption of energy for motor vehicle movement, space and water heatin9, air conditioning, use of home appliances, and operation of construction equipment. The project will adhere to State Code Title 2L~ energy conservation standards and will employ site design, when possible, for additional energy conservation. Non vehicular pathways are included within, and adjacent to, the project site. Commercial and employment centers are in proximity to the project site. Project residents will create a demand for parks and recreation facilities, and for open space. The project design provides 242+/- acres of recreation areas, parkway greenbelts, and paseo open space. The following environmental impacts associated with Specific Plan No. 219 are potentially significant, but will be avoided or substantially lessened by the identified mitigation measures which have been adopted within EIR 235: A. Seismic Safety 1. Impact: Although faults have been previously mapped on- site, they have been determined to be inactive and the risk of ground rupture due to faulting on the project is considered nil. Liquefaction potential exists along the entire flat alluviated area of Temecula Creek within the southern site boundary. 2. Mitiqation: During site development, additional geologic evaluation shall be continued in order to verify the extent and relative age of fault activity. Mitigation of the liquefaction potential within the southern portion of the site will occur as a result of project development, which will lower artificially high groundwater levels by removal of recharge ponds, as well as increase overburden as a result of site grading. A: TM25417 25 Slopes and Erosion 1. Impact: 2. Mitiqation: C. Flooding 1. Impact: 2. Mitiqation: D, Noise 1. Impact: The Meadows Specific Plan will unavoidably alter some of the existing landforms. Owing to the general granular nature of graded slopes, a moderate to severe erosion potential exists if slopes are unprotected. Removal and recompaction of portions of alluvial/colluvial soils within fill areas and shallow cut areas will be necessary. Temporary groundcover shall be provided to prevent erosion during the construction phase. Permanent vegetation shall be planted as soon as possible after grading. Specific requirements for alluvial/colluvial soils removal shall be developed during tentative map studies and incorporated into project grading. The three small possible landslide areas shall be investigated during design level studies and all mitigation measures identified as a result of that investigation will be incorporated into future development approvals. Remedial grading recommendations to provide for the Ion9 term stability will be provided based upon a finalized grading design. Development of the Vail Meadows Specific Plan will alter the existing drainage patterns and will increase runoff to Temecula Creek and, to a lesser extent, Murrieta Creek. A master drainage plan has been developed to respond to the hydrological constraints of the site. A more in-depth assessment of the Temecula floodplaln shall be conducted during the final design and preparation of the tentative tract maps, and all mitigation measures identified as a result of that assessment will be incorporated into future development approvals. Erosion control devices shall be utilized in hillside development areas to mitigate the effect of increased runoff at points of discharge. If required, the project applicant will contribute Drainage Improvement Fees as appropriate. Noise generated from the project will derive from two sources, construction and vehicular traffic, but is not anticipated to result in unacceptable noise levels to existing or proposed off-site uses. Onsite areas adjacent to high volume roadways may be subject to noise impacts. A: TM25~,17 26 Mitiqation: E. Water Quality 1. Impact: 2. Mitiqation: Wildlife/Veqetation 1. Impact: 2. Mitiqation: Historic and Prehistoric 1. impact: 2. Mitiqation: H. Circulation 1. Impact: A noise analysis shall be required in planning areas adjacent to high volume perimeter roads. If indicated, noise attenuation will be incorporated into project design. Implementation of the project will alter the composition of surface runoff by grading the site surfaces; by construction of impervious streets, roofs and parking facilities; and by the irrigation of landscaped areas. Runoff conveyed to Temecula and Murrieta Creeks will contain minor amounts of pollutants. The project will employ erosion control devices during grading, such as temporary herins, culverts, sand bagging or desiltlng basins. Urban runoff will be mitigated through implementation of a street cleaning program. As a consequence of grassland and coastal sage scrub vegetation removal, existing wildlife will either be destroyed or displaced. Impacts upon habitat containing a population of the Stephens Kangaroo Rat will result. The project applicant will participate in any in-place County program which provides for off-site mitigation of impacts to the Stephens Kangaroo Rat, or enter into a Memorandum of Understanding wit the California Department of Fish and Came. Sites Without proper mitigation, implementation of the Vail Meadows Specific Plan could potentially destroy archaeological/historical sites on the property. Prior to the approval of any additional implementing processes, the applicant/developer will meet with the County Historical Commission to determine appropriate measures to mitigate potential impacts to archaeological/historical sites; all mitigation measures identified as a result of the meetlngJ s) will be incorporated into future development approvals. The Vail Meadows Specific Plan is anticipated to generate u,7,600 vehicle trips per day at project completion. Approximately 1,0,000 of these trips would be external to the site. A:TM25LJ17 27 2. Mitigation: Fire Protection 1. I rapact: 2. Mitlqation: Sheriff 1. Impact: 2. Mitlqation: Schools 1. Impact: 2. Mitiqation: Solid Waste 1. Impact: 2. Mitiqatlon: Construction of the proposed circulation network will adequately service future on-site traffic volumes. Off-site improvements will be constructed as required by the County Road Department and CalTrans. The project site would be subject to Category II urban development requirements with regard to fire protection services. The project site will be served by a proposed fire station, to be constructed near Highway 79. The developer will pay mitigation fees as required by the Board of Supervisors. Project residents will impose increased demands on law enforcement and sheriff services. Project design will incorporate appropriate lighting, site design, security hardware and such design features as will promote optimal security. The developer will pay mitigation fees as required by the Board of Supervisors. The project will generate an estimated 3,109 students in grades K-8 and 1,187 students in grades 9-12, impacting the Temecula Union School District. The project has designated four elementary school sites and one junior high school site. The developer will pay school mitigation fees as required. Project residents, estimated at 1~,,587, will generate approximately 58 tons per day of solid waste, incrementally shortening the life of County landfill sites. The County Solid Waste Management Plan includes programs for reducing the quantity of wastes being landfilled, including source reduction and business and residential separation of recoverables. These programs may be implemented by project residents and businesses. A: TM25417 28 Libraries 1. Impact: 2. Mitigation: The project's population will increase demand for library facilities and services. The developer will pay library mitigation fees as required by the Board of Supervisors. The following environmental impact associated with Specific Plan No. 219 cannot be fully mitigated and a statement of overriding findings has been adopted within 235: Air Quality 1. Impact: At project build-out, daily motor vehicle emissions for the project will total approximately 7,754 Ibs/day. Power plant emissions for electrical energy consumed on-site will total 175 Ibs/day. Natural gas emissions for project consumption will total 163.6 Ibs per day. Approximately 100 Ibs of dust per acre will be generated each day of construction in addition to an undetermined amount of motor emissions during site preparation an construction. 2. Mitiqation: Because most of the project-related air pollution emissions are generated by automobiles, effective mitigation is limited. On-site provisions for schools, shoppln9, and recreation has been incorporated into project design. Sufficient acreage has been zoned for industrial use in the Rancho California/Temecula area to provide employment opportunities. project design includes a circulation plan designed for efficient and direct traffic flows and alternative transit modes including pedestrian, bicycle, and equestrian trails. The Rancho Villages Policy Plan, to which this project is subject, requires pedestrian and bus stop facilities for commercial areas. These requirements will be implemented at the development application stage. Particulate matter and other pollutants generated during grading and construction will be reduced through compliance with County Ordinance No. u,57 which specifies wateri:'-9 during construction, and planting of ground cover. A: TM25q-17 29 IV. Conclusion The Riverside County Board of Supervisors certified Environmental Impact Report I EIR ) No. 235 in conjunction with the approval of Specific Plan No. 219 and Change of Zone No. 51u,0. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. The Board of Supervisors also adopted statements of overriding considerations for the air quality impacts. Tentative Tract Map No. 25417 proposes a residential development that is consistent with the guidelines and requirements of Planning Area 6 of Specific Plan No. 219, Amendment No. 1; and will not result in impacts to the environment. The Conditions of Approval are adequate to mitigate any potential significant impacts to levels of insignificance. Pursuant to the California Environmental Quality Act ~CEQA) and Condition of Approval No. 12 of Specific Plan No. 219, this Initial Study has been prepared to demonstrate that the changes resulting from the proposed Tentative Tract Map will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. A: TM25417 30 - ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ticant effect on this case because the mltigation measures described on attached sheets, which were adopted for EIR 235 and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL iMPACT REPORT is required. DaFteebruary 13, 1991 Oilvet Mujic'ca~a Senior P~nner For CiTY OF TEMECULA X A: TM25417 31 Z Z ..J J( 6. Planning Area 6 a. Descriptive SummaD; Planning Area 6, as depicted on Figure 15F, provides for development of 37.8 acres with Very High density residen- tial use. A maximum total of 590 dwelling units are planned at a target density of 15.6 du/ac (Density Range 14-20 du/ac). A conceptual site plan is depicted in the Design Guidelines, Sec. IV. b. Land Use and Development Standards Please refer to Zone Ordinance No. 91-13 Ordinance Tab.) (See S.P. Zone c. Plannin~ Standards Access to the Planning Area will be provided from a collector roadway ("H" Street) to the south, De Portola Road to the north, and Meadows Parkway to the east. Access points, as depicted, are conceptual. Access to individual planning areas shall be deter- mined when tract maps or plot plans are submitted. A Project Intersection entry statement will be pro- vided at the intersection of De Portola Road and "H" Street at the northwestern boundary of the Planning Area. (See Figure 38.) A Community Intersection entry statement will be pro- vided at the intersection of Meadows Parkway and De Portola Road, and Meadows Parkway and "H" Street at the northeastern and southeastern boundaries of the Planning Area. (See Figure 34.) A minimum of one neighborhood entry statements will be provided at egress points onto "H" Street at the southern boundary of the Planning Area. (See Figure 37.) Roadway landscape treatments, such as those depicted on Figures 23, 23, and 27 respectively shall be provided along De Portola Road, Meadows Parkway, and "H" Street. Private recreation facilities are planned which may include facilities such as pools, spas, cabanas, meeting rooms, barbecues, wet bars, and kitchen facilities. Bicycle trails will be located in De Portola Road, Meadows Parkway, and "H" Street surrounding the Plan- ning Area as shown on Figure 6. 74 , Balconies may encroach into building setback lines. A site of archaeological/historical significance is located within this planning area. Prior to issuance of Development or Grading Permits, an appropriate detailed mitigation program shall be identified and, if necessary, completed. This program shall be approved by the History Division of the Riverside County Parks and Recreation Department. Please refer to Section III.A.1. through III.A.8. for the following Development Plans and Standards that apply site-wide: III.A.1. III.A.2. III.A.3. III.A.4. III.A.5. III.A.6. III.A.7. III.A.8. Specific Land Use Plan Circulation Plan Drainage Plan Water and Sewer Plans Public Facility Sites Phasing Plan Grading Plan Open Space and Recreation Plan Landscaping Plan Please see Design Guidelines, Section IV., for related criteria. 75 Very High Density Residential Planning Areas 2 and 6 Very High Density Residential Zone The following regulations shall apply in all Very High Density Residential Zones: SECTION 8.1. USES PERMITTED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) (2) (3) (4) (5) Any use permitted in the Medium High Density Residential Zone. Apa,'hnent houses. Nursery schools for preschool day care. Institutions for the aged licensed by the California State Dep~utment of Social Welfare or the County Depa:tment of Public WeLfare. Congogate care residential facilities. Accessory buildings, to a specific permitted use, provided that the accessory building is established as an incident to a principal use and does not change die character of that use. On-site signs, affixed to building walls, stating die name of die slructure, use or institution, not to exceed five percent (5%) of the surface a~a of the exterior face of the wall upon which the sign is located. The following uses shall be permitted provided a conditional use permit is obtained pursuant to this ordinance: (1) Evening nursery school, child care and babysitting facilities, where 13 or more unrelated children are kept under supervision by a penon licensed by the State Department of Social Weftare or Riverside County Depax tment of public Weftare during any hours between 5 p.m. and 8 a.m. (2) Congregate care residential facilities, developed pursuant to City Ordinance, County and State Codes and Ordinances. PIned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). -7- SECTION 8.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Very High Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). The minimnm lot area shall be 7,200 square feet with a minimum average width of 60 feet and a minimum average depth of 100 feet, unless different minimums are specifically required in a particular area. The minimum front and rear yanls shall be 10 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height Shall be set back from the front and rear lot lines no less than 10 feet plus 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from any existing or funae public fight-of-way street line as shown on any specific street plan of the City. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. The minimum side yard shall be 5 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from each side lot line 5 feet plus 2 feet for each foot by which the height exceeds 35 feet; if the side yard adjoins a slreet, the side setback requirement shall be the same as required for a front setback. No s~xuctural encroachments shall be poxmined in the front, side or rear yard without approval of a setback adjusunent pursuant to City Ordinance. High density multi-family dwelling units shall be setback a minimum of 18 feet from any existing or future public right-of-way street line as shown on any specific sweet plan of the City. Said setback shall be applicable for front, rear and side yards should they adjoin a SireeL No lot shall have more than 50 percent of its net area covered with buildings or slructuxes. f. The maximum density shall be twenty (20) units per acre. g. All buildings and structures shall not exceed 50 feet in height. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). -8- ITEM #15 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Case No.: Vesting Tentative Tract Map No. 24183 Prepared By: Oliver Mujica Recommendation: 1. RECOMMEND ADOPTION of Negative Declaration for Vesting Tentative Tract Map No. 24183; and ADOPT Resolution No. 91- recommending approval of Vesting Tentative Tract Map No. 24183. APPLICATION INFORMATION APPLICANT: Bedford Properties REPRESENTATIVE: Robert Be{n, William Frost and Associates PROPOSAL: Subdivide 48.8 acres into 155 single family residential lots; 3 open space lots; and 1 park site within Planning Area No. 5 of Specific Plan No. 219, Amendment No. 1. LOCATION: Southeast corner of De Portola Road and Meadows Parkway. EXISTING ZONING: Specific Plan No. 219, Amendment No. 1 SURROUNDING ZONING: North: Planning Area No. 9 South: Planning Areas 2 {Very High Density Residential) and 3 {Medium High Density Residential). East: Planning Area No. 3 {Medium High Density Residential) West: Planning Area No. 61 Very High Density Residential) PROPOSED ZONING: Not Applicable EXISTING LAND USE: Vacant A: VTM24183 1 PROJECT STATISTICS: BACKGROUND: Total Land Area: 48.8 acres No. of Proposed Lots: Proposed Density: Specific Plan Density: Min, Residential Lot Size: Useable Open Space Area: (Lot 156) 155 single family, 3 open space, 1 park 4.37 DU/ac 4.37 DU/ac 5,095 sq.ft. 1.60 acres On September 6, 1988, the Riverside County Board of Supervisors adopted Resolution No. 88-L~70 apprOving Specific Plan No. 219 (Meadows). The Meadows provided a total of 5,611 dweilin9 units on 1,036 acres. )n addition, the Board of Supervisors certified Environmental Impact Report No. 235 for Specific Pian No. 219 as an accurate and objective statement that complies with the California Environmental Quality Act (CEQA). Furthermore, a statement of overriding findings was made for the Air Quality Impacts. On November 15, 1989, the applicant filed Vesting Tentative Tract Map No. 2b,183 to the Riverside County Planning Department, which proposed to subdivide the subject L~8.8 acre site into 155 single family residential lots; 3 open space lets; and 1 park site. The project was reviewed by the Riverside County Land Division Committee (LDC) on December 11, 1989; February 26, 1990; and April 2, 1990. During these meetings the LDC indicated that Specific Plan No.219, Amendment No. 1 must be adopted prior to the approval of the tentative map. Subsequently, this project was transferred to the City of Temecula on April 23, 1990. On November 15, 1990, this project was reviewed by the Preliminary Development Review Committee (Pre-DRC) in order to informally evaluate the project and address any possible concerns, as well as suggesting possible modifications. The comments by the Pre-DRC included the following: 2. 3. Park Site Considerations Public improvements Storm Drain System Drainage A: VTM2u,183 2 PROJECT DESCRIPTION: ANALYSIS: Subsequent to the Pre-DRC meeting, Staff met with the appllcant to discuss the required supplemental material in order to address the Pre-DRC's COFICeFnS · On February 27, 1991, Vesting Tentative Tract Map No. 24183 was reviewed by the Formal Development Review Committee; and, it was determined that the project, as designed, can be adequately conditioned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to conditions. On April 9, 1991, the City Council Adopted Resolution No. 91-36 approving Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1, amending the boundaries and land use designations of Planning Areas 1, 2, 5 and 6 of Specific Plan No. 219. Subsequentty, on April 23, 1991, the City Council adopted Ordinance No. 91-13 amending Zoning Ordinance No. 90-04 pertaining to Ordinance No. 3L~8.2919 ISpecific Plan No. 219) as it relates to zoning. The Plannin9 Commission May recall that Vesting Tentative Tract Map No. 24183 was originally scheduled for their public hearln9 meeting of March 18, 1991. However, at the request of the applicant, this item was continued prior to the meeting "off- calendar" in order to allow the applicant the opportunity to further discuss the Conditions of Approval, relative to traffic mitigation, with the Engineering Department Staff. As noted above, Vesting Tentative Tract Map No. 24183 proposes to subdivide the subject 48.8 acre parcel into 155 single famiiy residential lots; 3 open space lots; and 1 park site. The proposed subdivision has been designed in accordance with the standards of Specific Plan No. 219, Amendment No. 1. Traffic Impacts The Transportation Engineering Staff has reviewed this project; and determined that the proposed project is consistent with the traffic mitigation measures of EIR 235 adopted for Specific Plan No. 219. Thus, the project has been conditioned A:VTM2~183 3 accordingly. Access and Circulation Access to the proposed subdivision is provided from proposed Street "A" and Meadows Parkway. The proposed access points are consistent with the circulation plan of Specific Plan No. 219, Amendment No. 1 Jsee Figure 4, Page 22; and Figure 15E, Page 91 of Specific Plan Text). Cradlnq and Landform Alteration While substantial grading and recontourlng of this site, which includes 635,000 c.y. of excavation and L~50,000 c.y. of fill will occur in the immediate area, the overall plan is intended to promote preservation of site topography. The terraced landform creates view lots within the proposed subdivision, in which the slopes range from 5 to 30 feet in height. It should be noted that a recommended Condition of Approval has been included to require that all slopes over five (5') feet in height shall be landscaped immediately upon the completion of grading and shall be maintained by the homeowners association. General Landscape Requirements Pursuant to Specific Plan No. 219, Amendment No. 1 ( see Landscape Design Guidelines and Community Elements, Pages 223-295), all areas required to be landscaped shall be planted with turf, ground cover, shrub or tree materials selected from the plant palette contained in the guidelines. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as welt as long-term establishment cover per City standards. The developer shall provide a landscape bond to the City at the time that the landscape plan is approved, The bond is to guarantee the installation of interim erosion control planting in the event that the grading operation is performed and building construction does not commence within ninety ~90) days. A: VTM24183 k~ The owners of parcels which require landscape development shall assess any existing common landscape areas adjoining their property. Where feasible, landscape development shall reinforce or be compatible with such existing common area setting. Cut slopes equal to or greater than five (5') feet in vertical height and fill slopes equal to or greater than three (3') feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen 115' ) in vertical height shall be planted with shrubs, spaced not more than ten (10') feet on center or trees spaced not to exceed twenty (20') feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground Cover. The plants selected and planting methods shall be suitable for the soil and climatic conditions. Refer to the plant materials palette for the llst of community wide slope stabilization plants. The Planning Department Staff has included a Condition of Approval requiring that a final landscaping plan for lots 157-159 (open space) must be submitted for approval by the Planning Department prior to the issuance of building permits. Land Use The project site is located within Planning Area 5 of Specific Plan No. 219, Amendment No. 1, which is designated as Medium High Density Residential and allows a maximum of 155 dwelling units. Therefore, Vesting Tentative Tract Map No. 2L1183 is consistent with the specific plan, due to the fact that 155 residential lots are proposed. in addition, according to the development standards, as outlined in Specific Plan No. 219, in Amendment No. 1, Planning Area 5 permits a minimum tot size of square feet, in which the proposal provides a minimum lot size of 5.095 square feet. Thus, this project is consistent with the Specific Plan. A :VTM24183 5 SPECIFIC PLAN AND GENERAL PLAN CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Useable Open Space A 1.60 acre private park site (Lot 156) is proposed and is centrally located to provide recreational open space for the residents within the subject tract. The Planning Department Staff has included a Condition of Approval requiring that a plot plan appilcation must be submitted for Planning Department approval prior to the issuance of building permits. The proposed project is consistent with the Land Use Designation of Specific Plan and Specific Plan No. 219, Amendment No. 1 (Planning Area 5 - Medium High Density Residential). In addition, Staff has determined it probable that this project will be consistent with the new General Plan when it is adopted. Pursuant to Condition Of Approval No. 12 of Specific Plan No. 219,an Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption, The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negatlve Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with Specific Plan No. 219, Amendment No. 1. A :VTM2u, 183 6 There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding land uses. The proposed use complies with State planning and Zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. ~,60, Schedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and a specific plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially avoidable injury to fish or wildlife or their habitat as determined in the Initial Study. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots provide sufficient southern exposure. All lots have access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provide from Street "A" of the specific plan. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. A: VTM24183 7 10. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. 11. That said findings are supported by minutes, maps,exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: The Planning department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of the Negative Declaration for Vesting Tentative Tract Map No. 24183; and ADOPT Resolution No. 91- recommending approval of Vesting Tentative Tract Map No. 24183. OM:mb Attachments: 1. Resolution 2. Conditions of Approval 3. Environmental Assessment 4. Exhibits: A. Vicinity Map B. Specific Land Use Map C. Planning Area No. 5 Map D. Planning Area No. 5 Standards E. Tentative Tract Map 5. Large Scale Plan A:VTM24183 8 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 2~183 TO SUBDIVIDE A ~8.8 ACRE PARCEL INTO 155 SINGLE FAMILY RESIDENTIAL LOTS, 3 OPEN SPACE LOTS, AND 1 PARK SITE LOCATED ON THE SOUTHEAST CORNER OF DE PORTOLA ROAD AND MEADOWS PARKWAY AND KNOWN AS ASSESSOR'S PARCEL NO. 923-230-002 (PORTION) WHEREAS, Bedford Properties filed Vesting Tentative Tract Map No. 2LH83 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract Map on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30~month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: J l ) The city is proceeding in a timely fashion with the preparation of the general plan. 12) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A :VTM24183 9 There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Ib) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, J hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, includlng the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. |2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of buildin9 permits, pursuant to this title, each of the following: There is reasonable probability that Vesting Tentative Tract Map No. 24183 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. A: VTM24183 10 The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. {1 ) Pursuant to Section 7.1 of County Ordinance No. u,60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previousiy acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. A: VTM24183 11 J2) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with Specific Plan No. 219, Amendment No. 1. c) There is not a likely probability of substantial detriment to, or interference with, the future adopted General Ran, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding land uses. d) The proposed use complies with State planning and Zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule A. e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and a specific plan will be implemented with this project. f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially avoidable injury to fish or wildlife or their habitat as determined in the Initial Study. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots provide sufficient southern exposure. A: VTM24183 12 h) All lots have access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provide from Street "A" of the specific plan. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. k) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Tenta~'xe Tract Map is compatlbte with the health, safety and welfare of L~e community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in El R 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby recommended for adoption. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Vesting Tentative Tract Map No. 2u,183 for the subdivision of a 48.8 acre parcel into 155 single family residential lots; 3 open space lots; and 1 park site located on the southeast corner of De Portola Road and Meadows Parkway and known as Assessor's Parcel No. 923-230-002 (portion) subject to the following conditions: A. Exhibit A, attached hereto. A :VTM24183 ~3 PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:VTM24183 14 CITY OF TEMECULA CONDITIONS OF APPROVAL Vestin9 Tentative Tract Map No: 24183 Project Description: 155 Sinqle Family Residential; 3 Open Space; and I Park Assessor's Parcel No.: 923-023-002 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~,60, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date by the City Council, unless extended as provided by Ordinance 460. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: a. Be limited to a maximum slope ratio of 2 to 1. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated accordln9 to the City Development Code. An erosion control landscapln9 plan demonstrating methods of erosion protection for these slopes shall be prepared by a qualified professional; and shall be submitted to the City Plannin9 Department for review and approval prior to issuance of grading permits. A: VTM24183 15 10. 11. 12. 13. 14. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated November 13, 1990, a copy of which is attached, All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Li9htln9 Policy, as outlined in the Southwest Area Plan, This subdivision shall comply with Specific Plan No. 219, Amendment No. 1. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of Planning Area 5 as provided Specific Plan No. 219, Amendment No. 1. b. Lots 1-155 shall be a minimum size of 4,000 square feet, Corner lots and through lots, if any, shall be provided with additional area pursuant to Section 3.8B of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-corner and non- through lots. Trash bins, loading areas and incidental storage areas, located in recreation areas, shall be located away and visually screened from surrounding areas with the use of block walls and landscaping. Bike racks and bike lockers in sufficient quantity shall be provided in convenient locations to facilitate bike access to recreation areas. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. The subdivider and all successors in interest shall comply with the provisions of Development Agreement No. ~, and Specific Plan No, 219, Amendment No. 1, Prior to recordatlon of the final map, an Environmental Constraints Sheet {ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. A:VTM24183 16 15. 16, 17. The following note shall be placed on the Environmental Constraints Sheet: This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. County Slope Stability Report No. 122 was prepared for this property and is on file at the Planning Department. Specific items of concern in the report are as follows: Slope Stability. The developer shall comply with the following parkway landscaping conditions: Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the City Engineering and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the City Engineering Department. The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance as taken over by the Community Services District. The developer shall comply with the standards and exhibits in Specific Plan No. 219, Amendment No. 1. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: If the project is to be phased, prior to the issuance of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. Preliminary pad and roadway elevations. A :VTM24183 17 18. 19. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: The project shall comply with the requirements of Development Agreement No. u,. Prior to the issuance of building permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. A: VTM24183 18 Landscape screening where required shall be designed to be opaque up to a minimum height of six {6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betruing, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-d-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. No building permits shall be issued by the City for any residential Iot/unlt within the project boundary until the developer's successor's- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of buildin9 plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to L~5 Ldn. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. A: VTM24183 19 Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Plannin9 Department approval. The plans shall address all areas and aspects the tract requirin9 landscapin9 and irrigatlon to be installed includin9, but not limited to, parkway planting, street trees, slope plantin9, and individual front yard landscaping. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildin9s includin9 fireplaces shall comply with the design guidelines of Specific Plan No. 219, Amendment No. 1. All street side yard setbacks shall comply with the design guidelines of Specific Plan No. 219. Amendment No. 1. All front yards shall be provided with landscaping and a manually operated permanent underground irrigation system. Prior to the issuance of building permits for Lots 1-155, a plot plan shall be submitted to the Planning Department pursuant to Section 18.30 of Ordinance No. 3~,8 accompanied by all applicable filing fees, as a plot plan that is not subject to the California Environmental Quality Act and is not transmitted to any governmental agency other than the City Planning Department. The plot plan shall ensure the conformance of the final site development with the Design Guidelines of Specific Plan No. 219, Amendment No. 1, and shall contain the following elements: A final site plan showing the lots, building footprints, all setback, and floor plan and elevation assignments to individual lots. One 11 ) color and materials sample board (maximum size of 8 x 13 inches by 3/8 inch thick) containing precise color, texture and material swatches or photographs (which may be from suppliers' brochures). Indicate on the board the name, address and phone numbers of both the sample board preparer and the project applicant, tract number, and the manufacturer and product numbers where possible (trade names also acceptable). One ( 1 ) copy of the architectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials board. The written color and material descriptions shall be located on the elevation. A: VTM24183 20 20. 21. Said plot plan shall require the approval of the Planning Director prior to the issuance of any building permits for lots included within the plot plan. The submittal of plot plans prior to the issuance of building permits may be phased provided: A separate plot plan shall Department for each phase, appropriate filing fees. be submitted to the Planning which shall be accompanied by Each individual plot plan shall be approved by the Planning Director prior to the issuance of building permits for lots included within that plot plan. Prior to the issuance of building permits for Lot 156, a plot plan shall be submitted to the Planning Department pursuant to Section 18.30 of Ordinance No. 3~,8 accompanied by all applicable filing fees, as a plot plan that is subject to the California Environmental Quality Act and is transmitted to any governmental agencies other than the City Planning Department. The plot plan shall ensure the conformance of the final site development with the Design Guidelines of Specific Plan No. 219, Amendment No. 1. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. A: VTM24183 21 22. 23. 24. 25. 26. 27.' The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24183, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Prior to recordatlon of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. The Covenants, Conditions and Restrictions I CC&R's) shall be reviewed and approved by the Planning Department and the Department of Public Works prior to final approval of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, drainage facilities, private roads, and exterior of all buildings. A:VTM24183 22 28. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29. Every owner of a dwellin9 unit or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or ~2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 30. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 31. Within forty-eight {48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars {$1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars 151 ,250.00) fee in compliance with AB 3158, required by Fish and Game Code Section 711 .~{d){2) plus the Twenty- Five Dollar {$25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight {48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.41c). Riverside County Fire Department 32. 'Schedule a fire protection approved standard fire hydrants, 16"x4"x2 1/2" ) located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. A: VTM24183 23 33. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 35. Prior to the recordation of the final map, the developer shall deposit with the City of Temecula, a cash sum of $~00.00 per lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring said payment to the time of issuance of the first building permit. Department of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 36. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 37. As deemed necessary by the Department of Public Works, all road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. A :VTM24183 38. 39. u,2. u,3. Streets B,C,D,E,and F shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 10~,, Section A (60'/40'). Streets G,H, and I shall be improved with a ten foot (10') median strip bounded by 20 feet of asphalt concrete pavement on each side, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 104, Section A (70'/50'). In the event that full improvements for Meadows Parkway, De Portola Road and Street A are not constructed by Assessment District 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 12 foot lane per Riverside County Standard No. 109 {100'/76'). The improvements shall be constructed prior to occupancy. Vehicular access shall be restricted on Meadows Parkway, De Portola Road and Street "A" and so noted on the final map with the exception of Public street intersections as approved by the Department of Public Works or shown on the tentative map. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping {street and parks). d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. A: VTM24183 25 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. f. Undergrounding of existing and proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Department of Public Works. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 Icurb sidewalk). All driveways shall be located a minimum of two ~2) feet from the property line. The subdivider shall submit two {2) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The subdivider shall submit two {2 ) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A: VTM24183 26 A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the Department of Public Works. 60. On-site drainage facilities, located outside of road ri9ht-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 61. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District and to the City of Temecula Department of Public Works for review. 62. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 63. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADINC PERMITS: Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 65. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of- way. 66. All lot dralnage shall be to the street by side yard drainage swales independent of any other lot. 67. A flood mltigation charge shall be paid. The charge shall equal the prevailin9 Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Dralnage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A:VTM24183 27 PRIOR TO BUILDING PERMIT: 68. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 69. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 70. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 71. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. Secondary Access shall be provided for any phasing as specified and approved by the Department of Public Works. 72. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 73. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. A:VTM24183 28 Transportation Enqineerinq PRIOR TO RECORDATION Of THE FINAL MAP: 74. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Meadows Parkway, De Portola Road and Streets "A" through "1" and shall be included in the street improvement plans. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 75. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 76. All signing and striping shall be installed per the approved signing and striping plan. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. 77. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Meadows Parkway and De Portola Road, De Portola Road and Street "A" and Street "A" and Meadows Parkway. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan when warranted. A:VTM24183 29 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Background 1, Name of Proponent: 2. Address and Phone Number of Proponent: 4. 5. 6. Date of Environmenta) Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Bedford Properties 28765 Single Oak Drive, Suite 200 Temecula, CA 92390 ~714) 676-7290 February 13, 1991 CITY OF TEMECULA Tentative Tract Map No. 24183 Southeast corner of De Portola Road and Meadows Parkway. I I. Project Description Tentative Tract Map No. 24183 proposes to subdivide the subject 48.8 acre site, which is within Planning Area 5 of Specific Plan No. 219, Amendment No. 1, into 155 single family residential lots; 3 open space lots; and 1 park. Project Summary: SP 219 TM24183 Planning Area 5 155 D.U. 155 Lots A :VTM24183 30 Discussion of the Environmental Evaluation The following environmental impacts associated with Specific Plan No. 219 are insignificant in that the design of the project as proposed includes the necessary mitigation measures which have been adopted within EIR 235: Water and Sewer: The project will have an average daily consumption of domestic water of 1,683,300 gallons at 300 gallons/d.u./day. The project will generation between 1.81 and 3.08 million gallons per day of sewage flow. Onsite wastewater collection facilities will be constructed to tie into Eastern Municlpa) Water District~s master planned facilities being constructed through the Rancho Villages Assessment District. Construction of all structures within the project will conform to state laws requiring water efficient plumbing fixtures. B. Utilities: Gas, electricity, and telephone service will be provided by respective purveyors of the service. Lines for electrical and telephone services, and mains for natural 9as are located alon9 the project boundaries. Energy Resources: The project will increase consumption of energy for motor vehicle movement, space and water heating, air conditioning, use of home appliances, and operation of construction equipment. The project will adhere to State Code Title 2~ energy conservation standards and will employ site design, when possible, for additional energy conservation. Non vehicular pathways are included within, and adjacent to, the project site. Commercial and employment centers are in proximity to the project site. Parks and Recreation: Project residents will create a demand for parks and recreation facilities, and for open space. The project design provides 2~2+/- acres of recreation areas, parkway greenbelts, and paseo open space. The following environmental impacts associated with Specific Plan No. 219 are potentially significant, but will be avoided or substantially lessened by the identified mitigation measures which have been adopted within EIR 235: A. Seismic Safety 1. Impact: Although faults have been previously mapped on- site, they have been determined to be inactive and the risk of ground rupture due to faulting on the project is considered nil. Liquefaction potential exists along the entire flat alluviated area of Temecula Creek within the southern site boundary. A: VTM24183 31 ?, Mitiqation: Slopes and Erosion 1. I rapact: 2. Mitiqation: Flooding 1. Impact: 2. Mitiqation: During site development, additional geologic evaluation shall be continued in order to verify the extent and relative age of fault activity. Mitigation of the liquefaction potential within the southern portion of the site will occur as a result of project development, which will lower artificially high groundwater levels by removal of recharge ponds, as well as increase overburden as a result of site grading. The Meadows Specific Plan will unavoidably alter some of the existing landforms. Owing to the general granular nature of graded slopes, a moderate to severe erosion potential exists if slopes are unprotected. Removal and recompaction of portions of alluvial/colluvial soils within fill areas and shallow cut areas will be necessary. Temporary groundcover shall be provided to prevent erosion during the construction phase. Permanent vegetation shall be planted as soon as possible after grading. Specific requirements for alluvial/colluvial soils removal shall be developed during tentative map studies and incorporated into project grading. The three small possible landslide areas shall be investigated during design level studies and all mitigation measures identified as a result of that investigation will be incorporated into future development approvals. Remedial grading recommendations to provide for the long term stability will be provided based upon a finalized grading design. Development of the Vail Meadows Specific Plan will alter the existing drainage patterns and will increase runoff to Temecula Creek and, to a lesser extent, Murrieta Creek. A master drainage plan has been developed to respond to the hydrological constraints of the site. A more in-depth assessment of the Temecula floodplain shall be conducted during the final design and preparation of the tentative tract maps, and all mitigation measures identified as a result of that assessment will be incorporated into future development approvals. Erosion control devices shall be utilized in hillside development areas to mitigate the effect of increased runoff at points of discharge. If required, the project applicant will A: VTM2D, 183 32 Noise 1. Impact: 2. Mitiqation: Water Quality 1. Impact: 2. Mitigation: Wildlife/Veqetation 1. Impact: 2. Mitigation: Historic and Prehistoric 1. I rapact: contribute Drainage Improvement Fees as appropriate. Noise generated from the project will derive from two sources, construction and vehicular traffic, but is not anticipated to result in unacceptable noise levels to existing or proposed off-site uses. Onsite areas adjacent to high volume roadways may be subject to noise impacts. A noise analysis shall be required in planning areas adjacent to high volume perimeter roads. indicated, noise attenuation will be incorporated into project design. Implementation of the project will alter the composition of surface runoff by grading the site surfaces; by construction of impervious streets, roofs and parking facilities; and by the irrigation of landscaped areas. Runoff conveyed to Temecula and Murrieta Creeks will contain minor amounts of pollutants. The project will employ erosion control devices during grading, such as temporary berms, culverts, sand bagging or desilting basins. Urban runoff will be mitigated through implementation of a street cleaning program. As a consequence of grassland and coastal sage scrub vegetation removal, existing wildllfe will either be destroyed or displaced. Impacts upon habitat containing a population of the Stephen's Kangaroo Rat will result. The project applicant will participate in any in-place County program which provides for off-site mitigation of impacts to the Stephen's Kangaroo Rat, or enter into a Memorandum of Understanding wit the California Department of Fish and Came. Sites Without proper mitigation, implementation of the Vail Meadows Specific Plan could potentially destroy archaeological/historical sites on the property. A: VTM2~.183 33 2. Mitlqation: Circulation 1. Impact: 2. Mitiqation: Fire Protection 1. Impact: 2. Mitiqation: Sheriff 1. Impact: 2. Mitiqatlon: Schools 1. Impact: 2. Mitiqatlon: Prior to the approval of any additional implementing processes, the applicant/developer will meet with the County Historical Commission to determine appropriate measures to mitigate potential impacts to archaeological/historical sites; all mitigation measures identified as a result of the meetingl s) will be incorporated into future development approvals. The Vail Meadows Specific Plan is anticipated to generate 1~7,600 vehicle trips per day at project completion. Approximately L~0,000 of these trips would be external to the site. Construction of the proposed circulation network will adequately service future on-site traffic volumes. Off-site improvements will be constructed as required by the County Road Department and CalTrans. The project site would be subject to Category I I urban development requirements with regard to fire protection services. The project site will be served by a proposed fire station, to be constructed near Highway 79. The developer will pay mitigation fees as required by the Board of Supervisors. Project residents will impose increased demands on law enforcement and sheriff services. Project design will incorporate appropriate lighting, site design, security hardware and such design features as will promote optimal security. The developer will pay mitigation fees as required by the Board of Supervisors. The project will generate an estimated 3,109 students in grades K-8 and 1,187 students in grades 9-12, impacting the Temecula Union School District. The project has designated four elementary school sites and one junior high school site. The developer will pay school mitigation fees as required. A: VTM24183 34 Solid Waste 1. Impact: 2. Mitiqation: Libraries 1. Impact: 2. Mitiqation: Project residents, estimated at 14,587, will generate approximately 58 tons per day of solid waste, incrementally shortening the life of County landfill sites. The County Solid Waste Management Plan includes programs for reducing the quantity of wastes being landfilled, including source reduction and business and residential separation of recoverables. These programs may be implemented by project residents and businesses. The project's population will increase demand for library facilities and services. The developer will pay library mitigation fees as required by the Board of Supervisors. The following environmental impact associated with Specific Plan No. 219 cannot be fully mitigation and a statement of overriding findings has been adopted within EIR 235: Air Quality 1. Impact: At project build-out, daily motor vehicle emissions for the project will total approximately 7,754 Ibs/day. Power plant emissions for electrical energy consumed on-site will total 175 Ibs/day. Natural gas emissions for project consumption will total 163.6 Ibs per day. Approximately 100 Ibs of dust per acre will be generated each day of construction in addition to an undetermined amount of motor emissions during site preparation an construction. 2. Mitigation: Because most of the project-related air pollution emissions are generated by automobiles, effective mitigation is limited. On-site provisions for schools, shopping, and recreation has been incorporatedlntoprojectdesign. Sufflcientacreage has been zoned for industrial use in the Rancho Callfornia/Temecula area to provide employment opportunities. project design includes a circulation plan designed for efficient and direct traffic flows and alternative transit modes including pedestrian, bicycle, and equestrian trails. The Rancho Villages Policy Plan, to which this project is subject, requires pedestrian and bus stop facilities for A: VTM24183 35 commercial areas. These requirements will be implemented at the development application stage. Particulate matter and other pollutants generated during grading and construction will be reduced through compliance with County Ordinance No. ~,57 which specifies watering during construction, and planting of ground cover. IV. Conclusion The Riverside County Board of Supervisors certified Environmental Impact Report {EIR ) No. 230 in conjunction with the approval of Specific Plan No. 219 and Change of Zone No. 51~0. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. The Board of Supervisors also adopted statements of overriding considerations for the air quality impacts. Tentative Tract Map No. 2~,183 proposes a residential development that is consistent with the guidelines and requirements of Planning Area 5 of Specific Plan No. 219, Amendment No. 1; and will not result in impacts to the environment. The Conditions of Approval are adequate to mitigate any potential significant impacts to levels of insignificance. Pursuant to the California Environmental Quality Act and Condition of Approval No. 12 of Specific Plan No 219, this Initial Study has been prepared to demonstrate that the proposed Tentative Tract Map will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the El R due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. A: VTM24183 36 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets, which were adopted for EIR 235 and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (~/~ ~/I February 13, 1991 ca,~ PI~ Date Oliver Mujl enior net For CITY OF TEMECULA X A: VTM24183 37 m ~ UL_J8~' 5. Planning Area 5 a. Descriptive SummarV Planning Area 5, as depicted on Figure 15E, provides for development of 35.5 acres with Medium High density residen- tial use. A maximum total of 155 dwelling units are planned at a target density of 5.5 du/ac (Density Range 5-8 du/ac). A conceptual site plan is depicted in the Design Guidelines, Sec. IV. b. Land Use and Development Standards Please refer to Zone Ordinance No. 91-13 (See S.P. Zone Ordinance Tab.) c. Planning Standards Access to the Planning Area will be provided from a collector roadway ("G" Street) to the south, De Portola Road on the north or Meadows Parkway on the west. Access points, as depicted, are conceptual. Access to the individual planning areas shall be determined when tract maps or plot plans are submit- ted. A Major Project entry statement will be provided at the intersection of De Portola Road and "G" Street at the northeastern boundary of the Planning Area. (See Figure 35.) Community Intersection entry statements will be provided at the intersections of Meadows Parkway and De Portola Road, and Meadows Parkway and "G" Street and at the northwestern and southwestern boundaries of the Planning Area. (See Figure 34.) A minimum of one neighborhood entry statements will be provided at egress points onto "G" Street at the southern boundary of the Planning Area. (See Figure Roadway landscape treatments, such as those depicted on Figures 23, 23, and 27 respectively shall be pro- vided along De Portols Road, Meadows Parkway, and "G" Street. Private recreation facilities are planned which may include facilities such as pools, spas, cabanas, meeting rooms, barbecues, wet bars, and kitchen facilities. 71 Bicycle trails will be located in De Portola Road, Meadows Parkway, and "G" Street surrounding the Plan- ning Area as shown on Figure 6. A site of archaeological/historical significance is located within this planning area. Prior to issuance of Development or Grading Permits, an appropriate detailed mitigation program shall be identified and, if necessary, completed. This program shall be approved by the History Division of the Riverside County Parks and Recreation Department. Balconies may encroach into building setback lines. Please refer to Section III.A.1. through III.A.8. for the following Development Plans and Standards that apply site-wide: III.A.1. III.A.2. III.A.3. III.A.4. III.A.5. III.A.6. III.A.7. III.A.8. Specific Land Use Plan Circulation Plan Drainage Plan Water and Sewer Plans Public Facility Sites Phasing Plan Grading Plan Open Space and Recreation Plan Landscaping Plan Please see Design Guidelines, Section IV., for related criteria. 72 Medium High Density Residential Planning Areas 3, 5, 13, 14, 15, 16, 20, 21, 22 & 23 Medium High Density Residential Zone The following regulations shall apply in all Medium High Density Residential Zones: SECTION 6.1, USES PERIVLt'i-tED, The following uses shall be permitted in the Medium High Density Residential Zone: (1) One family dwellings, (2) Two-family dwellings. (3) Public parks and public playgrounds, golf courses with standard length fairways and counlxy clubs. (4) Home occupations. (5) Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). The following uses arc permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants arc employed and the on-site sign is unlighted and does not exceed two square feet (2) Temporary real estate wact offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nuncries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS, The following standards of development shall apply in the Medium High Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feel Lot area shall be not less than 4,000 sq. fL However, the lot area for two-family dwellings shall be not less than 3,500 sq. fL per dwelling unit. The minimum lot area -5- cL shall be determined by excluding that portion of a lot that is used solely for agcess to the pordon of a lot used as a building site. The mlnim~lRl avenge width of that portion of the lot to be used as a building site shall be 40 feet with a mlnjmum avenge depth of 80 feel However, for two-family dwelling lots, the minimum avenge width shall be 40 feet with the same minknum avenge depth of 75 feel That portion of a lot used for access on "flag" lots shall have a mlninluxll width of 20 feel The minimum frontage of a lot shall be 40 feet, except that lots fron~ng on knuckles or cul-de-sacs may have a minimum frontage of 35 feel Lot frontage along curvilinea~ stzcets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements arc as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public right-of-way street line or from any future public fight-of-way succt line as shown on any Specific Plan of Highways, whichever is nearer the proposed su'ucture. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed coroer lots shall be not less than 10 feet from the existing street line or from any future sleet line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feel In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or SlrdCtUrCS. (4) NO su'uctural cncroaclunents shall be permkted in the front, side or rear yard without approval of a sethack adjustment pm'suant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. ~48 (1991). ~ ............. IIII ;, ITEM #16 Case No.: Prepared By: Recommendation: 1. STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION /~ugust 5, 1991 Vesting Ten~.ative Parcel Map No. 25418 Oliver Mujica RECOMMEND ADOPTION of Negative Declaration for Vesting Tentative Parcel Map No. 25418; and 2. ADOPT Resolution No. 91- recommending approval of Vesting Tentative Parcel Map No. 25418. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: PROJECT STATISTICS: Bedford Properties Robert Be{n, William Frost & Associates Subdivide 36.4 acres into 5 commercial parcels and 9 open space parcels within Planning Area 1 of Specific Plan No. 219, Amendment No. 1. Northeast corner of Highway 79 and Margarita Road. Specific Plan No. 219, Amendment No. 1 North: South: East: West: Planning Areas 6 (Very High Density Residential) and 8 (Medium Density Residential ) Specific Plan No. 223 (Vail Ranch) Planning Area 2 lVery High Density Residential ) C-P-S Not applicable. Vacant Total Land Area: 36.4 acres STAFFRPT\PM25418 1 BACKGROUND: On September 6, 1988, the Riverside County Board of Supervisors adopted Resolution No. 88-D,70 approving Specific Plan No. 219 (Meadows). The Meadows provided a total of 5,611 dwelling units on 1,036 acres. In addition, the Board of Supervisors certified Environmental Impact Report No. 235 for Specific Plan No, 219 as an accurate and objective statement that complies with the California Environmental Quality Act (CEQA). Furthermore, a statement of overriding findings was made for the air quality impacts. On November 15, 1989, the applicant filed Vesting Tentative Parcel Map No. 25~,18 to the Riverside County Planning Department, which proposed to subdivide the subject 36.~, acre site into 5 commercial lots and 9 open space lots. The project was reviewed by the Riverside County Land Division Committee {LDC) on December 11, 1989; January 2;2, 1990; February 2, 1990; and April 2, 1990. During these meetings the LDC indicated that Specific Plan No. 219, Amendment No. 1 must be adopted prior to the approval of the tentative map. Subsequently, this project was transferred to the City of Temecula on April 23, 1990. On November 15, 1990, this project was reviewed by the Preliminary Development Review Committee IPreoDRC) in order to informally evaluate the project and address any possible concerns, as well as suggesting possible modifications. The comments by the Pre-DRC included the following: 1, Circulation/Access Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss the required supplemental material in order to address the Pre-DRC's concerns. On February 27, 1991, Vesting Tentative Parcel Map No. 25418 was reviewed by the Formal Development Review Committee; and, it was determined that the project, as designed, can be adequately conditioned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to conditions. STAFFRPT\PM25LH8 2 PROJECT DESCRIPTION: ANALYSIS: On April 9, 1991, the City Council Adopted Resolution No. 91-36 approving Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 amending the boundaries and land use designations of Planning Areas 1, 2, 5 and 6 of Specific Plan No. 219. Subsequently, on April 23, 1991, the City Council adopted Ordinance No. 91-13 amending Zoning Ordinance No. 90-04 pertaining to Ordinance No. 348.2919 ISpecific Plan No. 219) as it relates to zoning. The Planning Commission May recall that Vesting Tentative Parcel Map No. 25418 was originally scheduled for their public hearing meeting of March 18, 1991. However, at the request of the applicant, this item was continued, prior to the meeting, off- calendar in order to allow the applicant the opportunity to further discuss the Conditions of Approval, relative to traffic mitigation, with the Engineering Department Staff. As noted above, Vesting Tentative Parcel Map No. 25418 proposes to subdivide the subject 36.b, acre parcel into 5 commercial lots and 9 open space lots, as follows: Lot 1 - 2.7 acres Lot 2 - 11.9 acres Lot 3 - 8.9 acres Lot 4 - 6.0 acres Lot 5 - 6.9 acres The proposed subdivision has been designed in accordance with the standards of Specific Plan No. 219, Amendment No. 1. Traffic Impacts The Transportation Engineering Staff has reviewed this project; and has determined that the proposed project is consistent with the traffic mitigation measures of EIR 235 adopted for Specific Plan No. 219, and there will be no adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Thus, the project has been conditioned accordingly. STAFFRPT\PM25418 3 Access and Circulation Access to Lots 1-5 will be provided from proposed Street "H". The access points are consistent with the Circulation Plan of Specific Plan No. 219, Amendment No. 1. General Landscape Requirements Pursuant to Specific Plan No. 219, Amendment No. 1 (see Landscape Design Guidelines and Community Elements, Pages 223-295), all areas required to be landscaped shall be planted with turf, ground cover, shrub or tree materials selected from the plant palette contained in the guidelines. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per City standards. The developer shall provide a landscape bond to the City at the time that the landscape plan is approved. The bond is to guarantee the installation of interim erosion control planting in the event that the grading operation is performed and building construction does not commence within ninety (90) days. The owners of parcels which require landscape development shall assess any existing common landscape areas adjoining their property. Where feasible, landscape development shall reinforce or be compatible with such existing common area setting. Cut slopes equal to or greater than five (5') feet in vertical height and fill slopes equal to or greater than three {3') feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15') in vertical height shall be planted with shrubs, spaced not more than ten {10') feet on center or trees spaced not to exceed twenty (20') feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground COVer, STAFFRPT\PM25418 4 SPECIFIC PLAN AND GENERAL PLAN CONSISTENCY: ENVIRONMENTAL DETERMINATION: The plants selected and planting methods shall be suitable for the soil and climatic conditions. Refer to the plant materials palette for the list of community wide slope stabilization plants. The Plannin9 Department Staff has included a Condition of Approval requlrln9 that a final landscaping plan for Lots 6-14 ( open space) must be submitted for approval by the Plannin9 Department prior to the issuance of buildin9 permits. Grading and Landform Alteration Substantial grading and recontouring of this site, which includes 100 c.y. of excavation and 660,000 c.y. of fill will occur in the immediate area. Land Use The project site is located within Planning Area 1 of Specific Plan No. 219, Amendment No. 1, which is designatedasCommunity/NeighborhoodCommercia). Vesting Tentative Parcel Map No. 25418 is a 5 lot subdivision only. Therefore, the Planning Department Staff has included a Condition of Approval requiring that a plot plan application for the development of Lots 1-5 must be submitted for approval prior to the issuance of building permits. The proposed project is consistent with the SWAP Land Use Designation of Specific Plan No. 219, Amendment No. 1 (Specific Plan and Planning Area No. 1 - Community/Neighborhood Commercial). In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. Pursuant to Condition of Approval No. 12 of Specific Plan No. 219, an Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. STAFFRPT\PM25418 5 FINDINGS: The proposed Tract Map will not have a si9nificant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent and compatible with Specific Plan No. 219, Amendment No. 1. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding land uses. The proposed use complies with State planning and zonin9 law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. u,60, Schedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that the project has access to public roads and a specific plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Street "A" of the specific plan. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the STAFFRPT\PM25418 property within the proposed project as conditioned. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. 10. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of the Negative Declaration for Vesting Tentative Parcel Map No. 25418; and ADOPT Resolution No. 91- recommending approval of Vesting Tentative Parcel Map No. 25u, 18. OM:ks Attachments: Resolution Conditions of Approval Environmental Assessment Exhibits: A, Vicinity Map B. Specific Land Use Map C. Planning Area No. 1 Map D. Planning Area No. 1 Standards E. Tentative Parcel Map Large Scale Plan STAFFRPT\PM25418 7 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 25~,18 TO SUBDIVIDE A 36.4 ACRE PARCEL INTO 5 COMMERCIAL PARCELS AND 9 OPEN SPACE PARCELS LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79 AND KNOWN AS ASSESSOR'S PARCEL NO. 926-013-012. WHEREAS, Bedford Properties filed Vesting Tentative Parcel Map No. 25418 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin.cJso That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months followln9 incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PM25418 8 Ib) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, I hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Vesting Tentative Parcel Map No. 25~,18 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (C) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. I1 ) Pursuant to Section 7.1 of County Ordinance No. L~60, no subdivision may be approved unless the following findings are made: STAFFRPT\PM25~18 9 a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsectlon shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: a) The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. STAFFRPT\PM25~,18 10 b) c) d) e) f) g) h) i) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent and compatible with Specific Plan No. 219, Amendment No. 3. There is not a likely probability of substantial detriment to, or interference with, the future adopted Ceneral Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding land uses. The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, 5chedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that the project has access to public roads and a specific plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildllfe or their habitat as determined in the initial study. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Street "A" of the specific plan. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary STAFFRPT\PM25~18 to protect the public health, safety and general welfare. j) That said findings are supported by minutes. maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby recommended for adoption. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Tentative Parcel Map No. 25418 for the subdivision of a 36.4 acre parcel into 5 commercial parcels and 9 open space parcels located on the northeast side of Margarita Road and Highway 79 and known as Assessor's Parcel No. 926-013-012 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN STAFFRPT\PM25418 12 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PM25418 13 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Parcel Map No: 25418 Project Description: 5 Commercial and 9 Open Space Assessor's Parcel No.: 926-013-012 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request. if made 30 days prior to the expiration date. This condltionally approved tentative map will expire two years after the approval date by the City Council, unless extended as provided by Ordinance 460. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance ~,60 shall be provided from the parcel map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: a. Be limited to a maximum slope ratio of 2 to 1. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three {3) feet in height shall be landscaped and irrigated according to the City Development Code. An erosion control landscaping plan demonstrating methods of erosion protection for these slopes shall be prepared by a qualified professional; and shall be submitted to the City Planning ST A FF R PT\PM25418 14 10. 11. 12. 13. 14. 15. Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated November 13, 1990, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, PaiDmar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. This subdivision shall comply with Specific Plan No. 219, Amendment No. 1. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of Planning Area 1 as provided in Specific Plan No. 219, Amendment No. 1. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. The subdivider and all successors in interest shall comply with the provisions of Development Agreement No. 4 and Specific Plan No. 219, Amendment No. 1. Prior to recordation of the final map, an Environmental Constraints Sheet [ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet: This property is located within thirty {30) miles of Mount PaiDmar Observatory. All proposed outdoor lighting systems shall comply with the California I nstltute of Technology, PaiDmar Observatory recommendations. County Slope Stability Report No. 122 was prepared for this property and is on file at the Planning Department. Specific items of concern in the report are as follows: Slope Stability. STAFFRPT\PM25418 15 16. 17. The developer shall comply with the following parkway landscaping conditions: Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the City Engineering and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the City Engineering Department. The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. The developer, the developer*s successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance as taken over by the district. The developer shall comply with the standards and exhibits in Specific Plan No. 219, Amendment No. 1. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: If the project is to be phased, prior to the issuance of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentatlon during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain ant4 ~_xceeding ten {10) feet in vertical height shall be contour-graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. STAFFRPT\PM25418 16 18. 19. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: The project shall comply with the requirements of Development Agreement No. Prior to the issuance of building permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six ~6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. STAFFRPT\PM25418 17 20. 21. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betruing, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscapin9 plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Prior to the issuance of building permits for Lots 1-5, a piot plan shall be submitted to the Planning Department pursuant to Section 18.30 of Ordinance No. 348 accompanied by all applicable filing fees, as a plot plan that is subject to the California Environmental Quality Act and is transmitted to 9overnmentai agencies other than the City Planning Department. The plot plan shall ensure the conformance of the final site development with the Design Guidelines of Specific Plan No. 219, Amendment No. 1. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and empioyees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Parcel Map No. 25~,18, which action is brought within the time period provided for in California Government Code Section 66u,99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the STAFFRPT\PM25418 18 22. 23. 25. 26. 27, defense. If the City fails to promptly notify the subdivider of any such claim, action. or proceeding or fails to cooperate fully in the defense. the subdlvlder shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66~,62 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Prior to recordation of the Final Map, the developer or his assignee must conform to the park district Qulmby Ordinance, unless waived to time of issuance of a building permit. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. The Covenants, Conditions and Restrictions {CC&R's) shall be reviewed and approved by the Planning Department and the Public Works Department prior to final approval of the tract maps. The CCSR's shall include liability insurance and methods of maintaining the open space and private drainage system. No lot in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC~,R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this STAFFRPT\PM25418 19 requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 28. Every owner of a lot shall own as an appurtenance to such lot, either ~ 1 ) an undivided interest in the common areas and facilities, or {2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 29. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CCF, R's. 30. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars 151,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars {$1,250.00) fee in compliance with AB 3158, required by Fish and Game Code Section 711.4~d){2) plus the Twenty- Five Dollar 1525.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711 .~,{c). Department of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 31. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; STAFFRPT\PM25L~18 20 32. 33. 35. 36. 37. 38. 39. 40. 41. CalTrans; and Parks and Recreation Department. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Margarita Road shall be improved with ~,3 feet of half street improvement plus one 18' lane within a 55' dedicated right-of-way in accordance with County Standard No. 100 (110'/86'). In the event that full improvements of De Portola Road and Street "A" are not constructed by Assessment District 159 prior to the final map recordat/on, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 12 foot lane per Riverside County Standard No. 101 (100'/76'). The improvements shall be constructed prior to occupancy. In the event that full improvements for Meadows Parkway are not constructed by Assessment District 159 prior to the final map recordat/on, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 18 foot lane per Riverside County Standard No. 100 {110'/86' ). The improvements shall be constructed prior to occupancy. In the event that full improvements for Highway 79 are not constructed by Assessment District 159 prior tothe final map recordat/on, the developer shall construct or bond for the improvements to provide for one-half street improvements per CalTrans Standard 1142'/110' ). The improvements shall be constructed prior to occupancy. Curb and Gutter shall also be constructed per CalTrans standard for 8-inch curb face. Vehicular access shall be restricted on Highway 79, Meadows Parkway, Street "A", De Portola Road, and Margarita Road, and so noted on the final map with the exception of public street and driveway intersections as approved by the Department of Public Works and as is shown on the tentative map. One access shall be allowed on Highway 79 subject to CalTrans approval. One access shall be allowed on Margarlta Road subject to the approval of the Department of Public Works. Corner property llne cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage, when deemed necessary, shall be delineated or noticed on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements for joint use driveways shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first. STAFFRPT\PM25418 21 ~7. ~8. q.9. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an agreement shall be executed 9uaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscapin9 (street and parks). d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. f. Undergrounding of existing and proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~,61 and as approved by the Department of Public Works. Prior to recordatlon of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Department of Public Works. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. STAFFRPT\PM25~,18 22 50. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. 51. A minimum centerline street grade shall be 0.50 percent. 52. The subdivider shall submit two prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2~," x 36" mylar by a Registered Civil Engineer. 53. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The subdivider shall submit two copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. 55. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as directed by the Department of Public Works. 56. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 57. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District and the City of Temecula Department of Public Works for review. 58. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 59. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e. , concentration or diversion of flow. Protection shall be provided by constructin9 adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 60. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 61. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. STAFFRPT\PM25418 23 62. A grading permit shall be obtained from the Public Works Department prior to commencement of any grading outside of the City-maintained road right-of- way. 63. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property. no new charge needs to be paid. A permit shall be required from CalTrans for any work within the following right-of-way: Hiqhway 79 PRIOR TO BUILDING PERMIT: 65. A precise grading plan shall be submitted to the Public Works Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 66. Gradln9 of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 67. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigatlon fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executin9 this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated lassumin9 benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement. the formation of any traffic impact fee district, or the process. levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. STAFF RPT\PM25418 2~ PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 68. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement. sidewalk, drive approaches, parkway trees and street lights on all interior public streets. Secondary access shall be provided for any phasing as specified and approved by the Department of Public Works. 69. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 70° Asphaltic emulsion {fo9 seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9u, of the State Standard Specifications. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 71. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A", De Portola Road, Meadows Parkway, State Route 79, and Margarita Road. These and shall be included in the street improvement plans. 72. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. PRIOR TO THE iSSUANCE OF ANY ENCROACHMENT PERMITS: 73. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. 75. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Margarita Road with De Portola Road and Meadows Parkway with Street "A". All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. Prior to designing any traffic signal plans, contact the Department of Public Works for the design requirements. STAFFRPT\PM25418 25 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone Number of Proponent: 4. 5. 6. Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Bedford Properties 28765 Single Oak Drive, Suite 200 Temecula, CA 92390 (714) 676-7290 February 13, 1991 CITY OF TEMECULA Tentative Parcel Map No. 25418 Northeast of Nighway 79 and Marqarlta Road. I I. Project Description Tentative Parcel Map No. 25418 proposes to subdivide the subject 36.4 acre site, which is within Planning Area 1 of Specific Plan No. 219, Amendment No. 1, into 5 commercial lots and 9 open space lots. Discussion of the Environmental Evaluation The following environmental impacts associated with Specific Plan No. 219 are insignificant in that the design of the project as proposed includes the necessary mltigation measures which have been adopted within EIR 235: Water and Sewer: The project will have an average daily consumption of domestic water of 1,683,300 gallons at 300 9allons/d.u./day. The project will generation between 1.81 and 3.08 million gallons per day of sewage flow. Onsite wastewater collection facilities will be constructed to tie into Eastern Municipal Water District's master planned facilities being constructed through the Rancho Villages Assessment District. Construction of all structures within the project will conform to state laws requiring water efficient plumbing fixtures. STAFFRPT\PM25~,18 26 B. Utilities: Enerqy Resources: Parks and Recreation: Gas, electricity, and telephone service will be provided by respective purveyors of the service. Lines for electrical and telephone services, and mains for natural 9as are located alon9 the project boundaries. The project will increase consumption of energy for motor vehicle movement, space and water heating, air conditionin9, use of home appliances, and operation of construction equipment. The project will adhere to State Code Title 24 energy conservation standards and will employ site design, when possible, for additional ener9y conservation. Non vehicular pathways are included within, and adjacent to, the project site. Commercial and employment centers are in proximity to the project site. Project residents will create a demand for parks and recreation facilities, and for open space. The project design provides 242+/- acres of recreation areas, parkway greenbelts, and paseo open space. The followin9 environmental impacts associated with Specific Plan No. 219 are potentially significant, but will be avoided or substantially lessened by the identified mitigation measures which have been adopted within EIR 235: A. Seismic Safety 1. Impact: Although faults have been previously mapped on- site, they have been determined to be inactive and the risk of ground rupture due to faulting on the project is considered nil. Liquefaction potential exists along the entire flat alluviated area of Temecula Creek within the southern site boundary. 2. Mitiqation: Durin9 site development, additional geologic evaluation shall be continued in order to verify the extent and relative age of fault activity. Mitigation of the liquefaction potential within the southern portion of the site will occur as a result of project development, which will lower artificially high 9roundwater levels by removal of recharge ponds. as well as increase overburden as a result of site 9fading. B. Slopes and Erosion 1. Impact: The Meadows Specific Plan will unavoidably alter some of the existin9 landforms. Owing to the general granular nature of graded slopes, a moderate to severe erosion potential exists if slopes STAFFRPT\PM25418 27 2. Mitiqation: Flooding 1. Impact: 2. Mitiqation: Noise 1. Impact: 2. Mitiqation: are unprotected. Removal and recompaction of portions of alluvial/colluvial soils within fill areas and shallow cut areas will be necessary. Temporary groundcover shall be provided to prevent erosion during the construction phase. Permanent vegetation shall be planted as soon as possible after grading. Specific requirements for alluvial/colluvial soils removal shall be developed during tentative map studies and incorporated into project grading. The three small possible landslide areas shall be investigated during design level studies and all mitigation measures identified as a result of that investigation will be incorporated into future development approvals. Remedial grading recommendations to provide for the long term stability will be provided based upon a finalized grading design. Development of the Vall Meadows Specific Plan will alter the existing drainage patterns and will increase runoff to Temecula Creek and, to a lesser extent, Murrleta Creek. A master drainage plan has been developed to respond to the hydrologica) constraints of the site. A more in-depth assessment of the Temecula floodplaln shall be conducted during the final design and preparation of the tentative tract maps, and all mitigation measures identified as a result of that assessment will be incorporated into future development approvals. Erosion control devices shall be utilized in hillside development areas to mitigate the effect of increased runoff at points of discharge. If required, the project applicant will contribute Drainage Improvement Fees as appropriate. Noise generated from the project will derive from two sources, construction and vehicular traffic, but is not anticipated to result in unacceptable noise levels to existing or proposed off-site uses. Onsite areas adjacent to high volume roadways may be subject to noise impacts. A noise analysis shall be required in planning areas adjacent to high volume perimeter roads. If indicated, noise attenuation will be incorporated into project design. STAFFRPT\PM25~,18 28 Water Quality 1. ) rapact: 2. Mitiqation: Wildlife/Veqetation 1. Impact: 2. Mitlqation: Historic and Prehistoric 1. Impact: 2. Mitiqation: Circulation 1. Impact: 2. Mitiqation: Implementation of the project will alter the composition of surface runoff by grading the site surfaces; by construction of impervious streets, roofs and parking facilities; and by the irrigation of landscaped areas. Runoff conveyed to Temecula and Mutt/eta Creeks will contain minor amounts of pollutants. The project will employ erosion control devices during grading, such as temporary betins, culverts, sand bagging or desilting basins. Urban runoff will be mitigated through implementation of a street cleaning program. As a consequence of grassland and coastal sage scrub vegetation removal, existing wildllfe will either be destroyed or displaced. impacts upon habitat containing a population of the Stephens Kangaroo Rat will result. The project applicant will participate in any in-place County program which provides for off-site mitigation of impacts to the Stephens Kangaroo Rat, or enter into a Memorandum of Understanding wit the California Department of Fish and Game. Sites Without proper mitigation, implementation of the Vail Meadows Specific Plan could potentially destroy archaeological/historical sites on the property. Prior to the approval of any additional implementing processes, the applicant/developer will meet with the County Historical Commission to determine appropriate measures to mitigate potential impacts to archaeological/historical sites; all mitigation measures identified as a result of the meeting( s ) will be incorporated into future development approvals. The Vail Meadows Specific Plan is anticipated to generate u,7,600 vehicle trips per day at project completion. Approximately L~0,000 of these trips would be external to the site. Construction of the proposed circulation network will adequately service future on-site traffic STAFFRPT\PM25418 29 Fire Protection 1. Impact: 2. Mitigation: Sheriff 1. Impact: 2. Mitigation: Schools 1. Impact: 2. Mitigation: Solid Waste 1. Impact: ~. Mitlqation: volumes. Off-site improvements will be constructed as required by the County Road Department and CalTrans. The project site would be subject to Category II urban development requirements with regard to fire protection services. The project site will be served by a proposed fire station, to be constructed near Highway 79. The developer will pay mitigation fees as required by the Board of Supervisors. Project residents will impose increased demands on law enforcement and sheriff services. Project design will incorporate appropriate lighting, site design, security hardware and such design features as will promote optimal security. The developer will pay mitigation fees as required by the Board of Supervisors. The project will generate an estimated 3,109 students in grades K-8 and 1,187 students in grades 9-12, impactin9 the Temecula Union School District. The project has designated four elementary school sites and one junior high school site. The developer will pay school mitigation fees as required. Project residents, estimated at 14,587, will generate approximately 58 tons per day of solid waste, incrementally shortening the llfe of County landfill sites. The County Solid Waste Management Plan includes programs for reducing the quantity of wastes being landfilled, including source reduction and business and residential separation of recoverables. These programs may be implemented by project residents and businesses. STAFFRPT\PM25418 30 Libraries 1. Impact: 2. Mitiqation: The project's population will increase demand for library facilities and services. The developer will pay library mitigation fees as required by the Board of Supervisors. The followin9 environmental impact associated with Specific Plan No. 219 cannot be fully mitigated and a statement of overridin9 findings has been adopted within EIR 235: Air Quality 1. Impact: At project build-out, daily motor vehicle emissions for the project will total approximately 7,75u, Ibs/day. Power plant emissions for electrical energy consumed on-site will total 175 Ibs/day. Natural gas emissions for project consumption will total 163.6 Ibs per day. Approximately 100 Ibs of dust per acre will be generated each day of construction in addition to an undetermined amount of motor emissions during site preparation an construction. 2. Mitiqation: Because most of the project-related air pollution emissions are generated by automobiles, effective mitigation is limited. On-site provisions for schools, shopping, and recreation has been incorporatedintoprojectdesign. Sufficientacreage has been zoned for industrial use in the Rancho California/Temecula area to provide employment opportunities. project design includes a circulation plan designed for efficient and direct traffic flows and alternative transit modes including pedestrian, bicycle, and equestrian trails. The Rancho Villages Policy Plan, to which this project is subject, requires pedestrian and bus stop facilities for commercial areas. These requirements will be implemented at the development application stage. Particulate matter and other pollutants generated during grading and construction will be reduced through compliance with County Ordinance No. b,57 which specifies watering durin9 construction, and plantin9 of ground cover. IV. Conclusion The Riverside County Board of Supervisors certified Environmental Impact Report I EIR ) No. 230 in conjunction with the approval of Specific Plan No. 219 and Change of Zone No. 51~,0. The EIR included mitigation measures to reduce environmental STAFFRPT\PM25418 31 impacts to levels of insignificance. The Board of Supervisors also adopted statements of overriding considerations for theair quality impacts. Tentative Parcel Map No. 25418 proposes a commercial subdivision that is consistent with the guidelines and requirements of Planning Area 1 of Specific Plan No. 219, Amendment No. 1; and will not result in impacts to the environment. The Conditions of Approval are adequate to mitigate any potential significant impacts to levels of insignificance. Pursuant to the California Environmental Quality Act and Condition of Approval No. 12 of Specific Plan No. 219, this Initial Study has been prepared to demonstrate that the proposed Tentative Parcel Map will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the El R due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. STAFFRPT\PM25418 32 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets, which were adopted for EIR 235 and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X February 13, 1991 Date Oliver Mujica, Senior Planner For CITY OF TEMECULA STAFF R PT\ PM25418 33 U a. rT1 ~< ~ JL z ~,~ < ~Z~, 0 )< F- <~ 1. Planning Area i a. Descriptive Summary Planning Area 1, as depicted on Figure 15A, provides for development of 36.4 acres with Community/Neighborhood Commercial use. A typical site plan is depicted in the Design Guidelines, Sec. IV. b. Land Use and Development Standards Please refer to Zone Ordinance No. 91-13 Ordinance Tab.) (See S.P. Zone c. Planninq Standards Access to the Planning Area will be provided from Margarita Road, State Route 79 and a secondary roadway ("H" Street) to the northeast. Access points, as depicted, are conceptual. Access to the individual planning areas shall be determined when tract maps or plot plans are submitted. A Minor Community entry statement will be provided at the intersection of Highway 79 and Margarita Road at the southwest boundary of the Planning Area. (See Figure 32.) A Community Intersection statement will be provided at the intersection of "H" Street and Meadows Parkway at the northeastern boundary of the Planning Area. (See Figure 34.) A Major Community entry statement will be provided at the intersection of Highway 79 and Meadows Parkway at the southeastern boundary of the Planning Area. (See Figure 32 and 33). Roadway landscape treatments, such as those depicted on Figures 25, 23, 23 and 27 respectively shall be provided along Highway 79, Margarita Road, Meadows · Parkway, De Portola Road, and "H" Street. A bicycle trail will be located in Meadows Parkway, De Portola Road and "H" Street to the north and east of the Planning Area as shown on Figure 6. A Project Figure 38, Street. Intersection statement, as depicted on will be provided at De Portola Road and "H" Please refer to Section III.A.1. through III.A.8. for the following Development Plans and Standards that apply site-wide: 59 , III. A. 1 . III.A.2. III.A.3. III.A.4. III. A. 5 . III. A. 6. III.A.7. III.A.8. Specific Land Use Plan Circulation Plan Drainage Plan Water and Sewer Plans Public Facility Sites Phasing Plan Grading Plan Open Space and Recreation Plan Landscaping Plan Please see Design Guidelines, Section IV., for related criteria. The commercial land uses permitted within this Plan- ning Area are designated in the Specific Plan Zoning Ordinance. A Plot Plan will be required for definition form and uses of each commercial area. Waste disposal containers will be limited to desig- nated, confined areas set aside for solid waste col- lection. A minimum of one Neighborhood entry statements will be provided along "H" Street (See Figure 37). 60 Commercial/Neighborhood Commercial Planning Areas 1 and 27 Commercial/Neighborhood Commercial Zone The following regulations shall apply in all Commercial/Neighborhood Commercial Zones: SECTION 9. L USES PERMITTED. The following uses arc permitted, only in enclosed buildings with not more than 200 square feet of outside storage or display of materials appurten~nt to such use, provided a plot plan shall have been approved pursuant to provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991). (1) Ambulance services. (2) Antique Shops. (3) Appliance stores, household- (4) Art supply shops and studios. (5) Auction houses. (6) Auditoriums and conference rooms. (7) Automobile repair garages, not including body and fender shops or spray painting. (8) Automobile pans and supply stores. (9) Bakery goods distributors. (10) Bakenj shops, including baking only when incidental to ~tail sales on the pr~mises. (11) Banks and financial institutions. (12) Barber and beauty shops. (13) Bars and cocktail lounges. (14) Billlard and pool halls. (15) Blueprint and duplicating services. (16) Book stuns and binders. (17) Bowling alleys. (18) Catering services. (19) Cleaning and dyeing shops. (20) Clothing ston:s. (21) Confectionery or candy stores. (22) Costume design studios. (23) Dance halls. (24) Delicatessens. (25) Department stores. (26) Drug stores. (27) D~ goods stores. ~9- (28) Employment agencies, (29) Escort bureaus. (30) Feed and grain sales. (31) Florists shops. (32) Food markets and frozen food lockers (33) Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption. (34) Gift shops. (35) Hotels, resort hotels and motels. (36) Household goods sales, including but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios and television sets, including repair thereof. (37) Hobby shops. (38) Ice cream shops. (39) Ice sales, not including ice plants. (40) Interior decorating shops. (41) Jewelry stores, including incidental repairs. (42) Labor temples. (43) Laboratories, film, dental, medical, research or testing. (4~) Laundries and laundromats. (45) Leather goods stores. (46) Liquor stores. (47) Locksmith shops. (48) Mail order businesses. (49) Manufacturer's agent (50) Market, food, wholesale or jobber. (51) Massage parlors, turkish baths, health centers and similar pesonal service establishments. (52) Meat markets, not including slaughtering. (53) Mimeographing and addressograph services. (54) Mortuaries. (55) Music stores. (56) News stores. (57) Notions or novelty stores. (58) Offices, including business, law, medical, dental chimpractic, architectural, engineering, community planning and teal estate. (59) One on-site operator' s residence, which may be located in a commercial building. (60) Paint and wallpaper stores, not including paint conwactors. (61) Pawn shops. (62) Pet shops and pet supply shops. (63) Photography shops and studios and photo engraving. {64) Plumbing shops, not including plumbing contractors. (65) Poultry markets, not including slaughtering or live sales. (66) Printers or publishers. (67) Produce markets. (68) Radio and rolevision bmadt-asting studios. (69) Recording studios. (70) Refreshment stands. (71) Restaurants and other eating establishments. (72) Schools, business and professional, including art, barber, beauty, ctance, drama, music and switnming. (73) Shoe stores and repair shops. (74) Shoeshine stands. (75) Signs, on-site advertising. (76) Sporting goods stores. (77) Stained glass assembly. (78) Stationer stores. (79) Stations, bus, railroad and taxi. (80) Taxidermist. (81) Tailor shops. (82) Telephone exchanges. (83) Theaters, not including drive-ins. (84) Tire sales and service, not including recapping. (85) Tobacco shops. (86) Tourist information centers. (87) Toy shops. (88) Travel agencies. (89) Typewriter sales and rental, including incidental repairs. (90) Watch repair shops. (91) Wholesale businesses with samples on the premises but not including storage. (92) Car washes. (93) Fortune telling, spiritualism, or similar activity. (94) Recycling collection facilities. (95) Convenience stores, not including the sale of motor vehicle fuel. (96) Day care centers. The following uses a~ permitted provided a conditional use permit has been granted pursuant to City Ordinance. (1) Convenience stores, including the sale of motor vehicle fuel. (2) Gasoline service stations with the concurrent sale of beer and wine for off- premises consumption. (3) Liquid petroleum service stations with the concurrent sale of beer and wine for off-premises consumption, pmvid~cl the total capacity of all tanks shall not exceed 10,000 gallons. Any use that is not specifically listed in Subsections a, and b. may be considered a pertained or conditionally permitted use pmvicled that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the c~signated subsections. Such a use is subject to the permit process which governs the category in which it falls. -11- SECTION 9.2. PLANNED COMMERCIAL DEVELOPMENTS. Planned Commercial Developments axe petmiued provided a land division is appmved pursuant to the provision of Riverside County Ordinance No, 460 .(1991), SECTION 9.3, (DELETED,) SECTION 9.4. DEVELOPMENT STANDARDS, The following standaxds of development are required in the Commercial/Neighborhood Commercial Zones: There is no mlrdmum lot area requ'trement, unless specifically required by zone classification for a particular area. Them axe no yard requirements for buildings which do not exceed 35 feet in height except as required for specific plans. Any portion of a building which exceeds 35 feet in height shall be setback from the front, rear and side lot lines not less than 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing public fight-of-way su'ect line unless a specific plan has been adopted in which case it will be measu~l from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a sucet, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line, or from an existing adjacent public fight-of-way sucet line unless a specific plan has been adopted, in which case it will be measured from the specific plan street line. c. All buildings and slructttres shall not exceed 50 feet in height. d. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All roof mounted mechanical equipment shall be screened from the Found elevation view to a minimum sight distance of 1,320 feet. -12- ITEM #17 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Steve Jiannino, Senior Planner August 5, 1991 Variance No. 6 The applicant is requesting a continuance of the above referenced project to the August 19, 1991 Planning Commission meeting. The applicant is working with Staff on the proposed variance and Staff concurs with the applicant's request for a continuance. RECOMMENDATION: Staff Recommends that the Planning Commission: Continue Variance No. 6 to August 19, 1991. SJ: ks A:VAR6-B.MEM