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Home My WebLink About042092 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING April 20, 1992 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Tamecula, CA 92390 CALL TO ORDER: Chairman Hoagland ROLL CALL: Blair, Chiniaeff, Fahey, Ford, Hoagland 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 "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name 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 2.2 Approval of minutes of April 6, 1992, Planning Commission Meeting. NON PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Presenter: Slope Maintenance Easement Vacation "The Villages" The Villages Homeowner's Association, by David Michaels Easterly/Southerly Side of Margarita Road between 1100 feet Northerly and' 6500 feet Northwesterly of Rancho California Road. To vacate the slope maintenance easement over portions of Tract Nos. 20735-4, 20735-6, 21082-4 and 21082 effective July 1, 1992. Gary King Case No: Applicant: Location: Proposal: Case Planner: Adminbtrslive Plot Plan 328 Pep Boys Northerly of Winchester Road and Easterly of Ynez Road adjacent to Costco. A request for a 22,211 S.F. Automotive Retail Repair Center. Saied Naaseh PUBLIC HEARING ITEMS Case No. Applicant: Location: Proposal: Case Planner: Recommendation: Variance No, 10 Lou Kashmere 29115 Front Street Application for a Variance to exceed the maximum sign height allowed by Ordinance No. 348. Proposed 55 foot high freeway sign. Mark Rheades Recommend Denial Case No. Applicant Location: Proposal: Case Planner: Recommendation: Conditional Use Permit No. 2, Extension of Time J. Larry Gabele West Side of Ynez Road, East Side of I-15 approximately 200 feet North of Ynez & Solano Way. Construct an Automotive Service Center, 8,663 square foot Retail Area and 21,458 square foot Service Area. Mark Rheades Recommend Approval Case; Applicant: Location: Proposal: Case Planner: Recommendation: Tentative Parcel Map 27336 Rancho California Water District Northerly side of Winchester Road between Calle Empleado and Diaz Road. A request for approval of a Reversion to Acreage as required by Condition of Approval No. 39 of Plot Plan No. 239 Saied Naaseh Recommend Approval Case No. Applicant: Location: Proposal: Case Planner: Recommendation: Temporary Sign Ordinance City of Temecula Citywide Establish standards to allow Temporary Signs David Hogan Recommend Approval 2 NON PUBUC HEARING ITEM - WORKSHOP Applicant: Location: Proposal: Case Planner: Palores Del Sol East-Side Maps, Extension of Time. Tentative Tract Maps 24182, 24184, 24185, 24186, 24187, 24188 Bedford Properties; Mesa Homes. Bounded by Pauba Road on the North, on the East by Butterfield Stage Road, on the by West the Meadows Parkway and on the South by Highway 79. A request from the Planning Staff to receive direction from the Planning Commission on unresolved issues on the extensions of time for the East Side Maps. Debbie Ubnoske Next meeting: May 4, 1992, 6:00 p.m., Vail Elementan/School, 29915 Mira Loma Drive, Ternecula, California. Plannino Director RePort Planning Commission Discussion Other Business ADJOURNMENT Ib PC/AGN4120/92 3 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, APRIL 6, 1992 A regular meeting of the City of Temecula Planning Commission was called to order Monday, April 6, 1992, 6:05 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California, Chairman John E. Hoagland presiding. PRESENT: 4 ABSENT: I COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland COMMISSIONERS: Fahey Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske, Senior Planner John Meyer and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS APPROVAL OF AGENDA It was moved by Commissioner Blair, seconded by Commissioner Ford, to approve the agenda as mailed. The motion was carried unanimously with Commissioner Fahey absent. 2. MINUTES 2.1 Aoorove the minutes of March 16.1992. Plannine Commission MeetinQ as mailed. It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to approve the minutes of March 16, 1992 as mailed. The motion was carried unanimously with Commissioner Fahey absent. PUBLIC HEARING ITEMS OUTDOOR ADVERTISING DISPLAYS ORDINANCE 3.1 Interim ordinance establishinQ reeulations for Outdoor Advertisine Disolavs city wide. PLANNING COMMISSION MINUTES APRIL 6.1992 John Meyer summarized the staff report. Commissioner Fahey arrived at 6:15 P.M. Chairman Hoegland opened the public hearing at 6:15 P.M. Daniel Garff, 19081 Rocky Road, Santa Ana, California, representing Adams Advertising, expressed opposition to the Ordinance stating that it was Adams Advertising's understanding billboards would be allowed in certain areas of the City. Mr. Garff requested that the Planning Commission continue this item to allow industry input prior to any recommendation on the Ordinance. Chairman Hoagland advised Mr. Garth that the Commission's action on the Ordinance would be a recommendation to the City Council. It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to close the public hearing at 6:20 P.M. and Adoot Resolution No. 92-(next) recommending adoption of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO SIGN REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS." AYES: 4 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN: I COMMISSIONERS: Fahey MURDY RANCH SPECIFIC PLAN 4.1 Prooosal of 557 acre Murdv Ranch DeveloPment, orimarilv a residential develooment with supporting commercial and ooen soace uses. John Meyer recapped the progress of the general plan. Debbie Ubnoske described the difference between traditional planning concepts and the village center concept. Beau Kimble, Robert Bien, William Frost & Associates, representing the applicant, presented the project. John Andrew, Robert Bien, William Frost & Associates, reviewed the project design plan and land use plan. PCMIN41Oe192 -2- 4112~92 PLANNING COMMISSION MINUTES APRIL 6.1992 The Commission expressed the following concerns about the project: commercial uses being turned inward. pedestrian linkage from tracts to main roads. increased side yard setbacks for two story buildings. parking standards for multi-family. separating school sites from adjoining uses with walls and fences. multi-family uses incorporating more common open space. linking parks by greenbelt paseos instead of streets. including language in the Specific Plan that allows garages to be located in the side or rear of homes. re-visiting the Village Center concept. incorporating some civic buildings on site (i.e. fire station, police sub- station, library). Mike Gray, representing the County Fire Department, stated that the project proposes many ideas that are in opposition to what the fire department recommends in the way of standards and perhaps a neighborhood Fire Department may be a consideration. He added that there have been preliminary discussions of locating a Fire Station in Redhawk. Lettie Boggs, representing the Temecula Unified School District, stated that they have been working closely with the developer and are considering school facilities with multiple uses. PLANNING DIRECTOR REPORT Gary Thornhill reported the following: Planning Commission Institute begins ~Fhursday, April 9, 1992. Town Hall Meeting on the General Plan April 16, 1992 at the Community Center on Pujol Street. Approval Authority ordinance will go before the City Council April 14, 1992. City is considering an emergency ordinance for C.U.P.s. PCMIN4106/92 -3- 4112192 PLANNING COMMISSION MINUTES APRIL 6.1992 ADJOURNMENT It was moved by Commissioner Fahey, seconded by Commissioner Chiniaeff to adjourn at 7:40 P.M. The next regular meeting of the City of Temecula Planning Commission will be held Monday, April 20, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman John E. Hoagland Secretary PCMIN4106192 -4- 4112192 Case No.: STAFF REPORT - PUBLIC WORKS CITY OF TEMECULA PLANNING COMMISSION April 20, 1992 Vacations of Slope Maintenance Easements for portions of Tract Nos. 20735-0,, 20735-6, 21082-~ and 21082 Prepared By: Dana S. Robie Recommendation: Approve Resolution 92- APPLI CAT I ON I NFORMAT I ON: APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: BACKGROUND: "The Villages" Homeowners Association David Michaels To vacate slope maintenance easements over portions of Tract Nos. 20735-0,, 20735-6, 21082-0, and 21082 on July 1, 1992. Easterly/Southerly side of Margarita Road between 11001 N~ly and 6500' NWliy of Rancho California Road. R-2 ISingle Family Dwelling) North: R-1 (One-Family Dwelling) and Elementary School Palomar Village Shopping Center Graded-vacant ]and R-3 (Apartments) South: East: West: "The Villages" Homeowners Association has requested that the maintenance of the slopes specified herein and attached hereto as legal descriptions and plats - Exhibits ttAH through be vacated. Government Code Section 65360 requires that prior to any planning action, including easement vacation, a finding of consistency with the future General Plan must be made. DISCUSSION: At the present time, the maintenance of the slopes for the above-referenced tracts is under the auspices of the Temecula Community Services Department. The applicant has requested that the T.C.S.D. vacate the easements for slope maintenance on these tracts. Upon vacation by the T.C.S.D. on July 1, 1992, the applicant will assume all responsibility for said slope maintenance and will be free to enter into a contract with private forces to perform these services. The legal descriptions and plats for these easement areas have been prepared by Willdan Associates and have been reviewed for accuracy. The area encompassed by these easements totals approximately 3.23 acres. SUMMARY OF FINDINGS: Maintenance of the slopes by alternative forces will have no adverse affects on public health and safety. As the slopes will continue to be maintained, there will be no conflict with the proposed General Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission APPROVE Resolution 92- , finding that the VACATION of the SLOPE MAINTENANCE EASEMENTS Jspeclfi~'a'herein as attached Exhibits "A" through "H") for TRACT NOS. 20735-~,, 20735-6, 21082-4 and 21082 is CONSISTENT with the General Plan presently being developed by the City of Temecula. DSR: mph Attachments: Legal Descriptions and Plats - Exhibits "A" through Vicinity map STAFFRPT\TR20735. STF 2 Exhibit "A" Legal Description for Vacation of Slope Maintenance Easement Tract No. 20735-4 Those portions of Lots I through 15, Lot "A" (Margarita Road) and Lot "B" I Avenida Barca) of Tract No. 20;~3S-u,, as filed in Book 16~,, Pages 1 through 5 of Maps, in the Office of the County Recorder, County of Riverside, State of California, described as follows: Beginning at the Westerly terminus of that certain course in said Lot 15 shown as "N .7~720~00" W. 68 . 60~ "; thence North 2°47~22" West 73.30 feet along the Westerly line of said Lot 15 and the Northerly prolongation theroof, to the beginning of a non- tangent curve, concave Southerly, having a radius of 1951.00 feet and being concentric with and 6.00 feet Northerly from the Northerly line of said Tract No, 20735~4, a radial line to said curve at said point bearing North 19046'51'' West; thence Easterly 202.32 feet along said curve, through a central angle of 5056'30'' to the beginning of a reverse curve, concave Northerly, having a radius of 8049.00 feet, a radial line to said curve at said point bearing South 13°50'21" East; thence Easterly 377.57 feet along said curve, through a central angle of 2°41'16"; thence North 73028'23" East 397.72 feet to the beginning of a curve, concave Southwesterly and having a radius of 29.00 feet; thence Easterly, Southeasterly and Southerly u,6.00 feet along said curve, through a central angle of 90°52'~,1"; thence South 15038'55" East 61.62 feet; thence South 74°21'05'' West 13.56 feet; thence North 17053'30'' West 37.07 feet to the beginning of a curve concave Southwesterly and having a radius of 32.00 feet; thence Northerly, Northwesterly and Westerly 51.26 feet along said curve, through a central angle of 91 °1~7'08"; thence South 70019'22" West 268.26 feet to the Westerly line of Lot 5 of said tract; thence South 70009'57'' West 121.00 feet to the Westerly line of Lot 7 of said tract; thence South 71°0~,'46'' West 131.00 feet to the Westerly line of Lot 9 of said tract; thence South 72005'56'' West 375.81 feet to the beginning of a curve, concave Southerly and having a radius of 1200.00 feet; thence Westerly 79.5~, feet along said curve, through a central angle of 3047'52'' to the point of beginning. Together with those portions of Lot "A" (Margarita Road) and Lot "B" (Avenida Barca) of said tract, described as follows: Beginning at the most Northerly corner of said Lot "B" ; thence South 30Q09'00'' West 32.99 feet along the general Easterly llne of said tract to an angle point therein; thence South 15038'55'' East 67.3u, feet; thence South 74021'05'' West 5.00 feet to the beginning of a curve, concave Southeasterly and having a radius of 29.00 feet; thence Northerly, Northeasterly and Easterly 45.11 feet along said curve, through a central angle of 89°07'18"; thence South 16031'37'' East 6.00 feet to the point of beginning. Containing a combined area of 1.145 acres, more or less. See Exhibit "B" , attached hereto and by this reference made a part hereof. LEGL-OES\O01 Dana S. Robie, L.S. 59 EXHIBIT "B" ' A J (~ VENI~)A ~BARCA I 'f _ TRACT NO. 20735-4 SLOPE EASEMENT MAINTENANCE AREA Exhibit Legal Description for Vacation of Slope Maintenance Easement Tract No. 20735-6 Those portions of Lots 26 through 35, 37 through ~,0, 50, 51 and Lot "E" (Margarita Road) of'Tract No. 20735-6, as filed in Book 16/4, Pages 10 through 15 of Maps, in the Office of the County Recorder, County of Riverside, State of California, described as follows: Beginning at the Northeasterly terminus of that certain course in said Lot 26 shown as" N .30°09~00"E. 32.99~ "; thence North 16°31 t37" West 6.00 feet along the Westerly line of said Lot "E" to a point in a line parallel with and 6.00 feet Northerly from the Southerly right-of-way line of said Margarita Road ( 110.00 feet wide), as shown on said tract; thence North 73028~23" East 361.50 feet along said parallel llne to the beginning of a curve concave 5outherly, having a radius of 1151.00 feet and being concentric with and 6.00 feet Northerly from said Southerly right-d-way line; thence Easterly 1152.13 feet along said curve, through a central angle of 57°21 ~08", to the Southeasterly line of said Lot "E" ; thence South 1~0°49~31" West 6.00 feet to the most Easterly corner of said Lot 51; thence South 30°12100" West 13.32 feet along the Southeasterly line of said lot, to the beginning of a non-tangent curve, concave Southwesterly and having a radius of 880.00 feet, a radial line to said curve at said point bearing North 43°13~111" East; thence Northwesterly 332.72 feet along said curve through a central angle of 210391Lt8" to the Northwesterly line of said Lot 50, and the beginning of a non-tangent curve, concave Southerly and having a radius of 1131.00 feet, a radial line to said curve at said point bearing North 2~?08~27" East; thence Westerly 114~,.90 feet along said curve, through a central angle of 7°20~26"; thence North 16048~01" East 2.00 feet to the beginning of a non-tangent curve, concave Southerly and having a radius of 520.00 feet, a radial line to said curve at said point bearing North 19°39120" East; thence Westerly 231.81 feet along said curve, through a central angle of 25032t29" to the Northwesterly line of said Lot 37; thence North 31°~,7~00" West 20.00 feet to the beginning of a non-tangent curve, concave Southerly and having a radius of 840.00 feet, a radial line to said curve at said point bearing North 0°58~36" West; thence Westerly 93.38 feet along said curve, through a central angle of 6°22109" to the Westerly line of said Lot 35; thence North 37°58~30" West 9.82 feet; thence South 80°q~'42" West 86.28 feet to the Westerly line of Lot 34 of said tract; thence North 47°06~39" West 9.62 feet: thence South 75°40~52" West 87.99 feet to the Westerly line of Lot 33 of said tract; thence North 59°55~47" - West 10.20 feet; thence South 71 °57~39" West 75.10 feet to the Westerly line of Lot 32 of said tract; thence North 62054~29" West 10.74 feet: thence South 68°25~27" West 62.44 feet to the Westerly line of Lot 31 of said tract; thence North 65°30~56" West 10.98 feet; thence South 68005'55`` West 61.98 feet to the Westerly line of Lot 30 of said tract; thence North 63°30142" West 11.31 feet; thence South 67°40~01" West 62.04 feet to the Westerly line of Lot 29 of said tract; thenca North 62°03~05" West 11.1~, feet; thence South 68017~00" West 62.05 feet to the Westerly line of Lot 28 of said tract; thence North 61 °45'30" West ] 1.49 feet; thence South 69027'33" West 61.91 feet to the Westerly line of Lot 27 of said tract; thence North 61°15~08" West 10.48 feet; thence South 72°25~11" West 41.67 feet to the beginning of a curve concave Southeasterly and having a radius of 25.00 feet; thence Westerly, Southwesterly and Southerly 38.05 feet along said curve, through a central angle of 87°12111": thence South lu, ou,7~00- East 52.99 feet; thence South 74°21~05" West 12.5~ feet to the Westerly line of said Lot 26; thence North 15°38~55" West 67.34 feet along said Westerly line to the Northwesterly line of said lot; thence North 30°09~00" East 32.99 feet along said Northwesterly llne to the point of beginning. Containing an area ofO.833 acres, more or less. See Exhibit "D", attached hereto and by this reference made a part hereof. LEGL-DES\O02 Dana S. Robie, L.,' 5966 EXHIBIT "D" TRACT NO. 20735-6 SLOPE EASEMENT MAINTENANCE AREA Exhibit "E" Legal Description for Vacation of Slope Maintenance Easement Tract No. 21082-u, Those portions of Lots 31, 32, 52 and Lot "A" (Margarita Road) of Tract No. 21082- 4, as filed in Book 164, Pages 16 through 20 of Maps, in the Office of the County Recorder, County of Riverside, State of California, described as follows: Beginning at the most Northerly corner of said Lot 31; thence North 40°49'31'' East 6.00 feet along the Northwesterly line of said Lot "A" to the beginning of a non- tangent curve, concave Southwesterly, having a radius of 1151.00 feet and being concentric with and 6,00 feet Northeasterly from the Southwesterly right-of-way line of said Margarita Road {110.00 feet wide), as shown on said tract, a radial llne to said curve at said point bearing North ~0°49'31" East; thence Southeasterly 119.36 feet along said curve, through a central angle of 5°56'29"; thence South 43014'00'' East 219.21 feet to the beginning of a curve, concave Southwesterly, and having a radius of 1151.00 feet; thence Southeasterly 64.09 feet along said curve, through a central angle of 3°11'25'' to a point in the Easterly line of said Lot "A"; thence South 3°07'38'' West 19.13 feet along said Easterly llne and the Easterly line of said Lot 52; thence North 41°17'13" West 77.30 feet to a line parallel with and 7,00 feet Southwesterly from said Southwesterly right-of-way line; thence North 43014'00'' West 219.21 feet along said parallel line; thence North 45°02'31'' West 71.83 feet; thence North 55°54'12'' West 4~,.00 feet to the Northwesterly line of said Lot 31; thence North 30°12'00'' East 13.32 feet along said Northeasterly llne to the point of beginning. Containing an area of 0.127 acres, more or less. See Exhibit "F", attached hereto and by this reference made a part hereof, ~/2-~/-~2 EXHIBIT "F" ~V~T3M4D~ ~ N~ .:-. TYPICAL II)ILLPAH A~S, OClATE,~ /"= 200' 2'1{-,.~2 ~"'~ ' ~'~ R B F TRACT NO. 21082-4 SLOPE EASEMENT MAINTENANCE AREA Exhibit "G" Legal Description for Vacation of Slope Maintenance Easement Tract No. 21082 Those portions of Lots I through 2~4, Lot "A" IMargarita Road) and Lot {Margarita Road) of Tract No. 21082, as filed in Book 16~,, Pages 21 through 2~, of Maps, in the Office of the County Recorder of the County of Riverside, State of California, described as follows: Beginning at a point in the Easterly line of said Lot 1, distant thereon North 12°53'15" East 9.98 feet from the Southeast corner of said lot; thence North 77°06'~5" West 6.03 feet; thence North 15°1~0'00" East 51L 10 feet; thence North 30°~,0~00" West 5.51 feet to the Northerly line of said Lot 1; thence North 16°00'00" East 50.06 feet; thence North 27°30~00" West 13.15 feet to the Northerly line of Lot 2 of said tract; thence North 15°15~00" East 1~9.01 feet; thence North 27020~00" West 17.07 feet to the Northerly line of Lot 3 of said tract; thence North 16°10~00" East 52.10 feet; thence North 29°00~00" West 13.1~2 feet to the Northerly line of Lot ~, of said tract; thence North 16010'00'' East 52.08 feet; thence North 32°05~00" West 16.97 feet to the Northerly llne of Lot 5 of said tract; thence North 17°17~00" East 52.15 feet; thence North 28°17~00" West 21.26 feet to the Northerly line of Lot 6 of said tract; thence North 16°00~00" East 27.50 feet; thence North 59°25~00" East 25.50 feet; thence North 12°53~15" East 19.00 feet to the Northerly line of Lot 7 of said tract; thence North 59°00'00" East 26.01 feet; thence North 15°00~00" East 31.97 feet; thence North 28°~,0~00" West 8.05 feet to the Northerly line of Lot 8 of said tract; thence North 15°30'00" East 51.05 feet; thence North 33°20~00" West 7.23 feet to the Northerly line of Lot 9 of said tract; thence North 12°32~00" East 51.93 feet to the Northerly line of Lot 10 of said tract; thence North 10°00'00" East ~9.~,9 feet to the Northerly llne of Lot 11 of said tract; thence North 7°2~,~00" East ~,9.50 feet to the Northerly line of Lot 12 of said tract; thence North 6a00~00" East ~,9.59 feet to the Northerly line of Lot 13 of said tract; thence North l°~0~00" East l~9.63 feet to the Northerly line of Lot 1~ of said tract; thence North 2°00~00" West 1~9.6l~ feet to the Northerly line of Lot 15 of sa,d tract; thence North 2°50~00" West ~9.75 feet to the Northerly line of Lot 16 of said tract; thence North 6a30~00" West 1~9.82 feet to the Northerly line of Lot 17 of said tract; thence North 9°35~00" West ~9.90 feet to the Northerly line of Lot 18 of said tract; thence North 12030'00" West ~7.12 feet to the Northerly line of Lot 19 of said tract; thence North 16°33~00" West 1~5.86 feet to the Northerly line of Lot 20 of said tract; thence North 15°56~00" West 57. ~ feet; thence North 67°08~111" West 7.02 feet to the Northerly llne of Lot 21 of said tract; thence North 19°21 '43" West 67.69 feet; thence North 73°23~L~8" West 7.99 feet to the Northwesterly llne of Lot 22 of said tract; thence North 22°~6'25" West 66.09 feet; thence North 75°29~27" West 7.27 feet to the Northwesterly line of Lot 23 of said tract; thence North 27°00~59" West 75.27 feet; thence North 35°18~35" West 110.70 feet to the Westerly line of said tract; thence North 3007'38" East 16.80 feet along said Westerly line to the beginning of a non-tangent curve, concave Southwesterly, having a radius of 1151.00 feet and being concentric with and 6. OO feat Easterly from the Westerly right-of-way line of said Margarita Road {110.00 feet wide), as shown on said tract, a radial line to said curve at said point bearing North ~,9°57'25" East; thence Southerly 1063.31 feet along said curve, through a central angle of 52~55~50"; thence South 12°53'15" West 26.39 feet to a point in the Northeasterly prolongation of the Southeasterly llne of said Lot 7; thence South 57°1~0'08" West 79.50 feet along said prolongation and said southeasterly line to an angle point in the general Easterly llne of said tract; thence South 12°53~15" West 380.11 feet along said line to the point of beginning. Containing an area of 1.122 acres, more or less. See Exhibit "H", attached hereto and by this reference made a part hereof. EXHIBIT "H" TRACT NO. 21082 SLOPE EASEMENT MAINTENANCE AREA ~ INDICATES SdaJeCT TRACTS NOT TO ~C~Le. CA L I FOR V/ST4 Re4~ m "THE VILLAGES" VtCmN I TY MAP MEMORANDUM TO: FROM: DATB: SUBtCT: P],mnning Commission Gary ThornhllL Director of planning April 20, 1992 Administrative Plot Plan No. 328, Pep Boys This item has been brought before the planning Commi.~sion as an informational item. The Pep Boys pad was approved with the COSTCO Plot plan by City Council on July 7, 1991. The building elevations and landscaping plan for this project are admini.qrativo decisions by Staff. However, Staff is bringing the matter before the Commission for their review and input prior to Staff approvals. vgw STAFF I~v-PORT - PIANNING CITY OF TBMBCULA PLANNING COMMBSION April 20, 1992 Case No.: Variance No. 10 Prepared By: MarkRhoades RECOMMENDATION: ADO~ Resolution No. 92- denying Variance No. 10 based on the Analysis and Findings conMined in the Staff Report. APPLICATION INFORMATION APPLICANT: REPRBSENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USF:~: PROJBCT STATISTICS: Lou Kashmere Lou Kashmere A variance to increase the maximum freestanding freeway sign height from 45 to 55 feet in height. 29115 Front Street M-SC (Manufactm4_ng-Service Commercial) North: M-SC (Manufacturing-Service Commercial) South: M-5C (Manufacturing-Service Commercial) Bast: C-P-S {Scenic Highway Commercial) West: R-R (Rural-Residential) None Requested Vacant North: South: West: Concrete Facility Vacant Vacant Murrieta Creek Proposed Freeway Sign Height: PWposed Sign Square Footage: Approved Sign Height: 55 feet 150 square feet 45feet BACKGROUND Variance No. 10 was submitted to the City Of Temecula on February 18, 1992. The request is an application to increase the height of a 45 foot high freeway oriented sign which was approved by the City Council on February 11, 1991. The same sign (45 foot high) was denied by the p|anning Commi~iun on November 18, 1991. ~O~CTD~CR.WrI6N The proposed variance is an application to increase the height of an approved sign from 45 to 55 feet. Ordinance No. 348 allows that the maximum height of a freestanding freeway oriented sign is 45 feet. The proposed sign will be an ilhlminatnt box displaying the logo of the ~atlon's franchise. The sign will be mounted on a 48 inch wide single pylon. The location of the sign is the same as what was approved by the City Council in February. The sign location is in the southeast comer of the project site, on the noah side of the southerly driveway entrance. ANALYSIS The analysis of the flag test conducted for the 45 foot high sign determined visibility from all directions but one. Visibility of the sign was adequate from the southbound lanes of I- 15 and Front Street, and westbound on lower Highway 79. The sign at 45 feet is not visible from the noahbound lanes of 1-15. The findings required to gnmt a variance include compalibility with surrounding uses and special circumstances. As a result of the flag test, it is evident that the sign Will have freeway, highway, and street visibility at 45 feet. In addition, the topography of the site is similar to that of surrounding paneis. Therefore that no special circumstances exist. ff the proposed variance is granted, the sign will not be compatible with signs existing in the vicinity. The City has not to a~te approved any signs over 45 feet. ZONING, SWAP, AND FUTURE GENERAL PLAN CONSISTENCY As proposed, the request is not consistent with Ordinance No. 348 unless the valance is granted pursuant to the required fmdings. The height of the sign proposed by thi~ variance does not conform with the intent of the City's sign code which allows for 45 foot high signs, where they are permitted. The proposal is also inconsistent with SWAP relative to potential scenic highway corridors. SWAP states that on-site advertising shall be the minimum necessary for identification, and shall blend with the environment. As such, Staff finds that the requested variance will probably not be consistent with the goals, policies, and objectives that will be celltnined in the City's filmre adopted General Plan. SUMMARY/CONCLUSIONS Staff finds that the approved sign is of sufficient height for site identification. The proposed variance in not in conformance with Ordinance No. 348, or SWAP, and is likeiy to be inconsistent with the future adopted General Plan. In addition, the site does not exhibit unique qualities that would warrant the granting of a variance request. There are no exceptional circumstances applicable to the existing size and configuration of the subject property. The project site is afforded frontage on Front Street. The site therefore is allowed one free-standing sign per City ordinance. The approved 45 foot high sign provides adequate visibility for the proposed advertising. The granting of this variance will not be compatible with the general welfare of the public in that the proposed sign does not conform with Ordinance No. 348, and the policy guidelines in Section HI.8.f. of SWAP pertainm'g to scenic highway corridors. The approved sign allows the applicant to adequateAy identify the project site in a manner compatible with the intent of City sign regulations. Signage proposed is not consistent with design and construction types generally endorsed by the City. As such, the proposed use is not likely to be consistent with the City's future adopted General Plan, which is being conducted in a timely manner. RECOMlV~NDATION ~DOPT Resolution No. 92-__ denying Variance No. 10 based on the Analysis and Findings contained in the Staff Report. Attachments Resolution - blue page 4 Exhibits - blue page 8 ATTA~ NO. 1 RESOLUTION 4 m m AT'FA~ NO. 1 RESOLUTION NO. 92- A I~P-qOLUTION OF THE. PLANNING COMMISSION OF ~ CITY OF TI~MECULA DENYING VARIANCE NO. 10 TO CONSTRUCT A 55 FOOT HIGH FREE STANDING SIGN LOCATED AT AN AftROVED AUTOMOTIVE SERVICE FACH.rrY LOCATED AT 2911S FRONT STREET. WI:~-REAS, Lou Kashmere filed Variance No. 10 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; Wt~RFAS, said Variance apph'cation was processed in the time and manner prescribed by State and local law; ~, the Planning Commission conducted a public hearing pel'faining to said Variance on April 20, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Variance; and WF~REAS, the Planning Commission received a copy of the Staff Report r~garding the Variance; NOW, THEREFORE, T!:!'F, PLANNING COMMISSION OF TIff, CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOI-IOWS: Seaion I. ~ That the Temecula planning Commission hereby makes the following fmdings: 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, ff all of the following requirements axe met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in alproving projects and taking other actions, including the issuance of building permits~ each of the foilowing: 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. SXSTAFFRPTXlOVAKIAN.PC 5 b. There is littl~ 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 stat~ law and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Commulxity Phil, (hereinafter "SWAP") was adopted prior to the incorporation of Temecuh as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At thi,~ time, the City ha,~ adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. Pursuant to Sections 18.27(a) and 18.30 (c), no variance may be approved unless the following findings can be made: 1. Special circumstances exist applicable to a parcel of property, including size, shape, topography, location or surroundings, whereby the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity that is under the same zoning classification. 2. The proposed use must confonn to all the General Plan requh~nents and with all applicable requirements of state hw and City ordinances. 3. The overall development of the land is designed for the protection of the public health, safety and general weftare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. D. The Planning Commission, in denying the pwposed Variance, makes the following fmdings, to wit: . 1. There are no exceptional circumstances applicable to the existing size and configuration of the subject property. The project site is afforded frontage on Fwnt SWeet, by City Ordinance, therefore, the site is allowed one free-standing sign. The approved 45 foot high sign provides adequate visibility for the proposed advertising. 2. The granting of this variance may not be compatible with the general welfare of the public in that the proposed sign does not conform with Ordinance No. 348, and the policy guidelines in Section IH.8.f. of SWAP reh~ve to scenic highway corridors. 3. The approved sign allows the applicant to adequat~..ly identify the project site in a mnnner compatible with the intent of City sign regulations. Signage proposed is not consistent with design and construction types generally endorsed by the City. As such, the proposed use is not likely to be consistent with the City's future adopted General Plan, which is being conducted in a timely mnnner. E. Pursuant to SECTION E, the Variance proposed does not conform to the logical development of its proposed site, and may not be compatible with the present and future development of the surrounding property. Section II. Environmental Compliance. The project is determined to be exempt from the provisions of the California Environmental Quality Act (CEQA). Section Hi. Conditions. ThattheCityofTemeculaPlanningCommissionherebydenies Variance No. 10 to construct a 55 foot high free ~anding sign located at an approved automotive service facility located at 29115 Front SU'eet, therefore no conditions of approval are proposed for this project. Section 1Y. PASSED, DENPin AND ADOFrED this 20th day of April, 1992. ]OLIN E. HOAGLAND CHAHtMAN I HERERy 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 20th day of April, 1992 by the foliowing vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: S~STAPPRFFXlOVARIAIq. I*C 7 ATTACHMENT NO. 2 EYmR~ CITY OF TEMECULA t,q# Tl~ 6 0 SITE VICINITY MAP #Of TO ,/'ftq~ CASE NO.: VARIANCE NO. 10 EXIHRIT: A P.C. DATE: API~H. 20, 1992 S%ST,O~IOVARIAN.PC CITY OF TEMECULA ~ $P. 180 mlT B ~on: "C" (COMJ~KKCIAL) ... // ~ ,!/ ZONING EXHIBIT C Case No.: Variance No. 10 P.C. Date: April 20, lgg2 Designation: M.-SC (MANUFACTURINCr-SERVICE COMMERCIAL) 5~TAPPRP~IOVAKIAN.PC CITY OF TEMECULA ~A~OId CASE NO.: VARIANCE NO. 10 EXIHBIT: D P.C. DATE: APRH. 20, 1992 SITE PLAN $\STAFFRF~IOVARIA~,PC · CITY OF TEMECULA CASE NO.: VARIANCE NO. 10 EXI-HRIT: E P.C. DATE: API~II. 20, 1992 SIGN ELEVATION STAFF REPORT - PLANNING CITY OF 'rkL~IECULA PLANNING COMMISSION April 20, 1992 Case No.: Conditional Use Permit No. 2, Revised No. 1, Extension of Time Pr=pared By: Matthew Fagan RECOMMENDATION: RRAFFIRM the previously adopted Negative Declaration for Conditionsi Use Permit No. 2, Revised No. 1 ADOPT Resolution 92- approving the Extension of Time for Conditional Use Permit No. 2, Revised No. 1 based on the Annlysis and Findings contslned in the staff ~10on and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: J. Larry Gabele/Cheryl C. Gabele REPRESENTATIVE: Colboum-Currier-Noll-Architecture, Inc. PROPOSAL: One year Extension of Time for Conditional Use Permit No. 2, Revised No. 1, a proposal to construct a multi-tenant automotive center with 8,663 square fee~ of retail area and 21,458 square feet of service area. Abutting the west side of Ynez Road and the east side of Interstate 15, approximately 200 feet north of the intersection of Ynez Road and Sohnn Way: C-P-S (Scenic Highway Commercial) LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: North: South: l~st: West: C-P-S (Scenic Highway Commercial) C-P (General Commercial) C-1/C-P (General Commercial) Interstate 15 Not requested Vacant S~STAFPRPT~-RI .CUP 1 SURROUNDING LAND USKS: North: South: West: Toyota Auto Dealership Jecp-~-ie Auto Dealership Retail Commercial Interstate 15 PROJECT STATISTICS No. of Acres: Budding Area: Proposed Use: Parking Provided: No. of Service Bays: 3 21,458 square foot auto sen, ices 8.663 square foot retail 30,121 square foot total Automotive retail and senrice center 171 spaces 29 BACKGROUND Conditional Use Permit No. 2 was appwved by the Planning Commission on September 17, 1990. Conditional Use Permit No. 2 was an approval for 21,117 square feet of service area and 8,224 square feet of retail area. On October 9, 1990, the City Council approved a motion to Receive and File Conditional Use Permit No. 2 The approval period for Conditional Use Permit No. 2 was valid until October 9, 1991. On June 17, 1991 the Planning Commission approved Conditional Use Permit No. 2, Revised No. 1 which was a request to revise the previously approved Conditional Use Permit No. 2 for 21,458 square feet of service area and 8,663 square feet of retail area. The revision to Conditional Use Permit No. 2 did not extend the life of the original approval. The applicant submitted an application for an Extension of Time on September 26, 1991, which was within the prescribed 30 day application period. PROJECT DESCRIFFION Conditional Use Permit No. 2, Revised No. 1, Extension of Time is a request for a one year extension to the original approved period for Conditional Use Permit No. 2. Conditional Use Permit No. 2, Revised No.1 modified the Original approval for an automotive center with 21, 458 square feet of service area and 8,663 square feet of retail area. ANALYSIS No new significant issues have developed between the time of the Original approval and the present. The applicant has ~quested that Condition of Appwval No. 24 for Conditional Use Permit No. 2 pertaining to the six (6) foot high decorative block wall be deleted. The applicant discussed the feasibility of removing the Condition for the walls along the southern, eastern and northern pertions of the site. It is Staffs op'mion that with adequate landscap'mg, the same screening effect could be achieved and therefore no block wall would be necessary. Staff proposes the following Condition of appwval which could replace Condition of Approval No. 24 for Conditional Use Permit No. 2: S~STAF~-RI .CUP 2 "Prior to issuance of building permits, the applicant shall submit a landscape screening plan for approval by the Planning Director. Said landscape plan shall contain a combination of shnlbs, trees and fences." EXISTING ZONING, SWAP AND FUTURE GENERAL PLAN CONSISTENCY The existing zoning of the site is C-P-S (Scenic Highway Commercial). The Southwest Area Community Plan (SWAP) designation for the site is Commercial (C). Conditional Use Permit No. 2, Revised No. 1, Extension of Time, as conditioned, is consistent with existing zoning and the SWAP designation for the site. As such, it is likely that Conditional Use Permit No. 2, Revised No. 1, Extension of Time wffi be consistent with the City's General Plan recommendations for the property, upon the Phn's final adoption. ENVIRONMENTAL DETERMINATION An Initial Study was completed for this site on August 10, 1990 and a Negative Declaration was adopted by the Planning Commission on September 17, 1990. At that time, environmental issues were mitigated for the project through Conditions of Approval. The proposed Extension of Time does not indicate any significant changes to the previously approved Conditional Use Permit No. 2, Revised No. 1. Staff therefore recommends that the planning Commission re- afFum the previously adopted Negative Declaration. SUMMARY A request for an Extension of Time was submitted to the Planning Depa2iment for Conditional Use Permit No. 2, Revised No. 1 prior to expiration date of its approval period. Staff's analysis of the request for an Extension of Time indicated that no new significant issues regarding Conditional Use Permit No. 2, Revised No. 1 had developed between the original approval period and the present. Staff supports the applicant's request to replace a six (6) foot high decorative block wall with adequate landscaping along the southern, eastern and northern portions of the site and has included the wording for a replaeement condition of approval within the analysis section of this staff report. FINDINGS No subsequent changes are proposed in the project which will require important revisions of the previous Negative Declaration due to the involvement of new significant environmental impacts not considered in a previous Negative Declaration on the project. No substatttial changes have occurred with respect to the circumstances under which the project was undertaken, such as a substantial deterioration in the air quality where the project will be located, which will .require important revisions in the previous Negative Declaration due to the involvement of new significant environmental impacts not covered in the previous Negative Declaration. 3. No new information of substantial importance to the project has become available. S~STAFFRFr~-RI,CUP 3 Said findings are suppoRed by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. This staff report contains mapping and conditions of approval which support the staff recommendation. The Commission, therefore, reaffirms the findings made at the time of the original apprgval for Conditional Use Permit No. 2, Revised No. 1. STAFF RECOMMENDATION: REAFFIRM the previously adopted Negative Declaration for Conditional Use Permit No. 2, Revised No. I ADO~ Resolution 92-__ approving the Extension of Time for Conditional Us~ Permit No. 2, Revised No. I based on the Analysis and Findings contained in the staff report and subject to the attached Conditions of Approval. vgw Attachments: 2. 3. 4. 5. 6. Resolution No. 92- - blue page 5 Conditions of Approval For Extension of Time - blue page 10 Conditions of Approval for Conditional Use Permit No. 2, Revised No. 1 - blue page 15 Conditions of Approval for Conditional Use Permit No. 2 - blue page 16 Initial Study/Discussion of Environmental Evaluation, page - blue- 17 Exhibits - blue page 18 Vicinity Map SWAP Map Zoning Map Site Plan Elevations Floor Plans Landscape Plan Letter requesting Extension of Time for Conditional Use Pertnit No. 2, Revised No. I dated April 14, 1992 - blue page 19 sxsrAffm, n2-m.cu~ 4 ATTA~ NO. 1 RESOLUTION NO. 92-__ ATTACHMENT NO. 1 RESOLUTION NO. ~.__ A RESOLUTION OF ~ PIANNING COMMISSION OF ~ CITY OF TEMECULA APPROVING EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2, REVISED NO. 1, ON A PARC!?.I. CONTAINING 3.0 ACRES LOCATED ON ~ WEST SIDE OF YN~.7. ROAD AND ~ EAST SIDE OF INTERSTATE 1~, APPROXIMATKLY 200 FgET NORTH OF ~ INTERSECTION OF YNEZ ROAD AND SOLANA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 921-080-054. WHEREAS, Colbourn-Currier-NoH-Architecture, Inc. filed an Extension of Time for Conditional Use Permit No. 2, Revised No. 1, in accordance with the Riverside County Land Use, Zoning, planning and Subdivision Ordinances, which the City has adopted by reference; W!~ff-REAS, said Conditional Use Permit application was approved by the Planning Commission on September 17, 1990 at which time interested panics had an opportunity to testify either in support or opposition. ~, the Planning Commission approved Revision No. I to Conditional Use Permit No. 2 on June 17, 1991 at which time interested parties bad an opportunity to testify either in support or opposition. Wlz~.REAS, said Extension of Time application was processed in the time and manner prescribed by State and local law; WFIEREAS, the Planning Commission conducted a public hearing pertaining to said Extension of Time on April 20, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Extension of Time; and WHW~REAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Extension of Time; NOW, THEREFORE, ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. ~ following findings: That the Temecula Planning Commission hereby makes the A. Pursuant to Government Code Section 65360, a newly incorporated city shatl adopt a general plan within thirty (30) months foliowing incorporation. During that 30-month period of time, the city is not subject to the nxluirement that a general plan be adopted or the rcquLrements of state law that its decisions be consistent with the general plan, if all of the following requh'cments are me.t: S\aTAFFRFr~-RI .CUP 1. The city is proceeding in a timely fashion with the preparation of the general plan. 2. The planning agency fin&, 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 considen~ 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 hw 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 Rivehide County, including the area now within the boundazies 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 plnn C. The proposed Extension of ~ime for Conditional Use Permit No. 2 is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, W wit: The City is proceeding in a timely fashion with a preparation of the general 2. The Planning Commission finds, in appwving of projects and taking other actions, including the issuance of building permits, pursuant to thi~ title, each of the following: a. There is reasonable probability that the Extension of Time proposed for Conditional Use Permit No. 2 will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time, because the project is consistent with Ordinance No. 348 and SWAP. b. There is little or no pwbability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimntely inconsistent with the plan, because the pwject is similar in use and intensity to adjacent development. c. The proposed use or action complies with all other applicable requirements of state hw and local ordinances. The pwject is consistent with Orrlinnnce No. 348 which conforms with State Laws. S~TAFFRPT~-R1.CUP 7 D. Pursuant to Section 18.27(f), no l~'tension of Time for Conditional Use Permit may be approved unless the following findings can be maria: 1. The proposed Extension of Time muff conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. 2. The oyerall development of the land is designed for the protection of the public health, safety and genera] welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. E. The planning Commission, in approving the proposed Extension of Time, makes the following fiBclings, to wit: ' 1. No subsequent changes a~e proposed in the project which will require important revisions of the previous Negative Declaration due to the involvement of new significant environmental impacts not considen~l in a previous Negative Deciamtion on the project. 2. No substantial changes have occurred with respect to the circumstances under which the projec~ was undert2ken, such as a substantial deterioration in the air quality where the project will be located, which will require important r~wisions in the previous Negative Declaration due to the involvement of new significant environmental impacts not covered in the previous Negative Declaration. No new information of substantial importance to the project has become available. 4. Said fwdings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. This staff report contains mapping and conditions of approval which support the staff recommendation. 5. The Commission, therefore, rcaffLrms the findings made at the time of the original approval for Conditional Use Permit No. 2, Revised No. 1. F. As conditioned pursuant to SECTION rn, the Extension of Time for Conditional Use Permit No. 2 proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. Section H. Environmental Compliance. That the City of Temecula planning Commission hereby determines that the previous environmental determination (Adoption of Negative Declax'ation for Conditional Use Permit No. 2, Revised No. 1,) still applies to Conditional Use Permit No. 2, Revised No. 1, Extension of Time. Section HI. Conditions. That the City of Temecula Planning Commission hereby approves the Bxtension of Time for Conditional Use Permit No. 2, Revised No. 1, extending the approval period for Conditional Use Permit No. 2, Revised No. l, on a parcel containing 3.0 acres located on the west side of Ynez Road and the east side of Interstate 1~, approximately 200 feet north of the intersection of Ynez Road and Solana Way and known as Assessor's Parcel No. 921-080-054 and subject to the following conditions: 1. Attachment No. 2, k-reto. Section IV. PASSED, APPROVED AND ADOFrED thi.~ 20th day of April 1992. JOHN B. HOAGLAND CHAIRMAN I m[Ry CERTWY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 20th day of April 1992 by the following vote of the Commission: AYF~: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: S~TAFFRPT~1-RI.CUP 9 ATTA~ NO. 2 CONDITIONS OF APPROVAL S~S'r^FFRPTU-R~.C~ 10 ATrACHIVHt~T NO.2 CITY OF 'l'l~!]~CUIA CONDITIONS OF APPROVAL Conditional Use Permit No. 2, Revised No. 1, tktension of Time Project Description: Extension of Time for Conditional Use Pemxit No. 2, Revised No. 1 an approved Conditional Use Permit for a multi-tenant automotive center with 8,663 square feet of Ix.tail area and 21,458 square feet of service area. Assessor's Parcel No.: 921-080-054 PLANNING DEPARTMENT The use hereby permitted by this Extension of Time for Conditions] Use Permit No. 2, Revised No. 1, is for a multi-tenant automotive center with 8,663 square feet of retail area and 21,458 square feet of service area. The permittee shall defend, indemnify, and hold harmless the City of Temeeula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temocula 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. 2, Revised No. 1 Extension of Time. The City of Temeeula will promptly notify the permittee of any such Claim, action, Or proceeding against'the City of Tomecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such Clalm~ action or procoeding or fails to cooperate fully in the defense, the permittoo shall not, thereafter, be responsible to defend, indemnify, Or hold harmless the City of Temecula. This approval shall be used within one (1) year 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 one (1) year period which is thereafter diligently pursued to completion, or the beginning Of substantial utiliTation contemplated by this approval. This approval shall expire on 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. The development of the premises shall conform substantially with that as shown on Conditional Use Permit No. 2, Revised No. 1 Extension of Time marked Exhibit D, or as amended by these conditions. s~r~-ax.ct~ 11 10. 11. 12. 13. 14. Conditional Use Permit No. 2, RBvised No. 1 Extension of Time shall comply with any and all Conditions of Approval for Conditional Use Permit No. 2, ~ No. 1 ~nd Conditional Use Permit No. 2 (unless superseded by these Conditions of Approval). Any outside lighting Shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. All meet lights and other outdoor lighting shall be shown on .ele~hi~l plans submi~e,~ to the Department of Building and Safety for plan chock approval and shall comply with the requirements of Riverside County Ordinance No. 655. (Condition No. 7 will supenede Condition No. 6 of the City of Temecuh Conditions of Approval for Conditional Use Permit No. 2, P.~vised No. I ). The applicant shah comply with the Public Works Depattment's Conditions of Approval which ~re included herein. The applicant mhnll comply with the fecommepaaHons set forth ill the Rancho California Water District transmittal dated November 14, 1991, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Depamnent of Transportation transmittal dated November 6, 1991, a copy of which is attached. The applicant shah comply with the recommandations set festh in the Riverside Transit Agency Wansmittal dated November 19, 1991, a copy of which is attached. Design and location of the turnout shall be as directed by the Depathuent of Public Works. Prior to the issuance of building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plan shall be suhinitted to the planning Dep~ttlnaents for approval. The location, number, genus, species, and container size of the plants Shall be shown. Plans shall meet atl requh~nents of Ordinance No. 348, Section 18.12, and shall be accompanied by the approprhte filing fee. (Condition No. 12 will supersede Condition No. 16 of the City of Temeeuh Conditions of Appwval for Conditional Use Penttit No. 2, Revised No. l). Prior to the issuance of building permits, the applicant shall obtain clearance and/or penits from the foilowing agencies: Planning Dep~tment Riverside County Flood Control Fire Department Public Works Depamnent Eavironmental Health Bastera Municipal Water District (Condition No. 13 will supersede Condition No. 19 of Conditions of Appwval for Conditional Use Permit No. 2). A Plot Plan application for a Sign Program shall be submitted and appwved by the PlanninE Director prior to occupancy. (Condition No. 14 will supersede Condition No. 21 of Conditions of Appwval for Conditional Use Permit No. 2). s~r^~-ru-Rt.ct~ 12 15. Budding elevations shall be in substantial conformance with that shown on Exhibit E. 16. Materials used in the consanction of all buildings shall be in substantial conformance with that shown on Exhibit E (Color Elevations). 17. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot .be preserved they shall be relocateaor replaced with spec'nncn trees as approved by the Planning ~. 18. Prior to the issuance of grading permits, the applicant shah comply with Oldinance No. 663 by paying the fee required by that ordinance which is based on (the gross acreage of the parcels proposed for development) (the number of single family residential units on lots which are a mlnlmuln of one-half (1/2) gross acre in size). Should Ordinance No. 663 be superseded by the provisions of a I4ahitat Conservation Plan prior to the payment of the fees required by Ordimmee No. 663, the applicant shall pay the fee requ'Lr~i under the Habitat Conservation Plan as implemented by County ordinance or resolution. (Condition No. 18 will supersede Condition No. 33 of Conditions of Approval for Conditional Use Permit No. 2). 19. Prior to the sale or lease of any sUucture as shown on Revised Exhibit D, a land division shall be recorded in accordance with Riverskle County Ordinance No. 460 and any other pertinent ordinance. 20. All of the forego'rag conditions shall be complied with prior to occupancy or any use allowed by this permit. 21. The developer shall make a good faith effort to acquire the requli~l off-site property interests, and ff 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 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 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. PUBLIC WORKS DEPARTMENT The foliowing are the Depamnent 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 shah be referred to the appropriate staff personnel of the Department of Public Works. All previous Conditions of Approval imposed against this project shall remain in effect except as superseded or amended by these requh'ements. s~r,mmm2-m.c~ 13 It i~ understood thai the Developer correctly shows on the tenlmive site plan all existing and proposed easements, Uaveled ways, improvement constraints and drainage courses, and their Omi~ien may require the project to be resubmitted for further review and ~vision PRIOR TO BU~.r~ING PERMIT ISSUANCE: Developer shall pay any capital fee for road improvements and public facililies imposed upon the property or project, including thnt for traffic and public facility mitigation as required under the t~l<]Negative Declaration for the project. The fee to be paid shah be in the an~ount in effect at the time of pay~nent of the fee. If an intefitn or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits forthe project or any phase thereof, the developer shah execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Coucurr~mtly, with executing this Agreement, developer shah post a bond to secure payment of the Public Facility fee. The amount of the bond shah be $2.00 per square foot, not to exceed $10,000. Developer understands thnt said Agreement may require the project in the amount of such fees). By execution of thi~ Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee d~ixlct, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its fight to protest the reasonableness of any Waffic impact fee, and the amount thereof. swrAmu, n2-wx.c~ 14 $TAI~ OF CAUFO~NIA--IUSINES5, TRANS~)RTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION D{STRICT 8, P.O. BOX 231 SAN BERNARDINO, CALIFORNIA 92402 1991 Development Review 08-Riv-15-5.96/6.0 Your Reference: C.U.P. No. 2 Planning Department City Hall City of Temecula Attention Mr. Mark A. Rhoades 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Rhoades: Thank you for the opportunity to review the proposed Conditional Use Permit No. 2 located at the northwest corner of Solana Way and Ynez Road in the city of Temecula. Please refer to the attached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mrs. Minerva Rodriquez of our Development Review Section at (714) 4384. 383- ~ery truly yours, AHMAD SALAH Development Review Engineer Riverside County Attachment CONSTRUCTION/]i)ENOLITION U/THIN PRESENT 0e PROPOSED STATE RIGHT OF WAY SHOULD BE INVESTIGATED FOR POTEN-~-, HAZARDOUS WASTE ( I, E,ASSESTOSt P~TROCHEHICAL$# ETC, ) AND HITIGATED AS PER RE~IREHENTS OF REGULATORy AGEN~ ,, WHEN PLANS ARE ~IJgMITTED~ PLEA$~ CONFORM TO THE REQ4JIRENEBTB OF THE ATTACHED SfX"E%ND0~ITIf. THIS WILL EXPEDITE THE REVIEW PROCESS AND TIME REGLIIRED FOR PLAN CHECK, PI:~0VZDE TO APPT,ZQ_-A1%~, ALTHOUGH THE TRAFFIC AND/OR DRAINAGE GENERATED BY THIS PROPOSAL DO NOT APPEAR TO HAVE A SIGMIFICANT EFFECT ON THE STATE HIGHWAY SYSTEM# CONSIDERATION flUST BE GIVEN TO THE CUHULATIVE EFFECT OF CONTINUED DEVELOPMENT IN THIS AREA. ~1%J4Y MEASURES NECESSARY TO MITIGATE THE CtlHULATIVE IMPACT OF TRAFFIC AND/OR DRAINAGE SHALL BE PROVIDED PRIOR TO OR WITH DEVELOPHEHT OF THE AREA THAT NECESSITATES THEN. __ Q, OHSIDERATION SHALL BE GIVEN TO THE PROVISION# OR FUTURE PROVISION# OF SlGNILIZATIQH AND LIGHTING OF TKE INTERSECTION OF AND THE STATE HIGHk~Y ~FEN $di, iUUHTS ARE I~"T~ TT APPEARS THAT THE TRAFFIC AND/OR DRAINAGE GENERATED BY THIS PROPOSAL COULD HAVE A SIGNIFICANT EFFECT OR THE STATE HIGHWAY SYSTEM OF THE AREA, ~I~aiY MEASURES TO HITIGATE THE TRAFFIC AND/OR DRAINAGE II~ACTS SHALL B~ INCLUDED WITH THE DEVELORMENT~ THIS PORTION OF THE STATE HIGHWAY I$ INCLLI)ED IN THE CALIFORNIA MASTER PLAN OF STATE HIGHWAYS ELIGIBLE FOR OFFICIAL SCENIC HIGHWAY DESIONATION AND IN THE FUTURE YQIJR AGENCY MAY WISH TO HAVE THIS RCI~TE OFFICIALLT DESIGNATED AS A STATE SCENIC I'~IGHWAY, THIS PONTION OF THE STATE HIGI~Y HAS BEEN OFFICIALLY DESIGNATED AS A STATE SCENIC H1GH~AY# AND DEVELQPlilrf IN THIS CORRIDOR SHOULD BE COMPATIBLE WITH THE SCENIC NIGHWAY COHC~PTo ZT IS RECOGNIZED THAT THERE IS CONSIDERABLE Pt~BLIC CONCERN ABOUT NOISE LEVELS ADJACENT TO HEAVILY TRAVELLED HIGHWAYS. LAND DEVI~LOPHENT# IN tersER TO BE C~I4PATIBLE WITH THIS CONCERN# RAY REQUIRE SPECIAL NOISE ATTENI' MEASURES, DEVELOPHENT OF THIS P~OPERTY SHOULD INCLOSE ANY NECESSARY NOISE ATTENUATION, CALTPJ~NS DISTRICT 8 DEVELOPMEHT P, EVIE~ BRANCH P.O. Box 231 SAN BERNAHDINO, CA 92402 A COPY OF AHY CONDITIONS OF APPROVAL OR REVISED APPROVAL. A COPY OF ANY DOCtJI4ENTS PROVIDING ADDITIONAL STATE HIGHWAY RIGHT OF WAY UPON REOOEDATIOR O~ THE MAP. ANY PROPOSALS TO FURTHER DEV~LOP THIS PROPERTY, A cOPY OF THE TRAFFIC OR ENVIRONMENTAL STUDY , A CHECK PRINT OF THE PARCEL m TRACT NAP. A CHECK PRINT OF THE PLANS FOR ANY IMPROVEMENTS WITHIN OR ADJACENT TO THE STATE HIGHMAY HIGMT OF A CHECK PRINT OF THE GRADING AND DRAINAGE PLANS FOR THIS PROPERTY VIIEN AVAILABLE. CALTR.A_NS DEVELOPM.ENT REVIEW YOUR REFERENCE PLAN CXECr, ER WE REQUEST THAT THE ITEMS APPROVAL FOR THIS PROJECT: CHECKED BELOW BE -15 - 5.9G/G,o ( Co RTE PM) INCLUDED IN THE CONDITIONS OF NORMAL RIGHT OF %JAY DEDICATION TO pROVIDE NORMAL STREET IMPROVEMENTS TO PROVIDE CURB AND QJTTERt STATE STANDARD HALF--VIDTH ON THE STATE HIGHgAY · HALF--glDTH OR THE STATE HIGHgAY · TYPE ALONG THE STATE HIGHWAY, PARKING SHALL BE PROHIBITED ALONG THE STATE HIGffiJAY BY PAINTING THE CURB RED AND/OR BY THE PROPER PLACERENT OF NO PARKING SIGNS. RADIUS CURS RETURNS SHALL BE PROVIDED AT INTERSECTIONS i/ITH THE STATE HIGHUAY, STATE STANDARD VHEELCHAIR RAMPS SHALL BE PROVIDED IN THE CURB RETURNS, A POSITIVE VEHICULAR BARRIER ALONG THE PROPERTY FRONTAGE SHALL BE pROVIDED TO LIMIT PHYSICAL ACCESS TO THE STATE HIGHgAY · VEHICULAR ACCESS SHALL NOT BE DEVELOPED DIRECTLY TO THE STATE HIGffiJAY~ VEHICULAR ACCESS TO THE STATE HIGHWAY SHALL BE PROVIDED BY EXISTING PUBLIC ROAD CUNNECTIONS- VEHICULAR ACCESS TO THE STATE HIGHgAY SHALL BE PROVIDED BY __ STANDARD __ DRIVBJATS, VEHICLL~ AC~S~ SMALL NOT B~ P~NIDS) gITHIN OF TIE INk'H~CTION AT VEHICULAR ACCESS TO THE STATE HIGffi4AY SHALL BE PROVIDED BY 'A ROAD--TYPE CONNECTION. VEHICULAR ACCESS CONNECTIONS SHALL BE PAVED AT LEAST BITHIM THE STATE HIGHgAY RIGHT OF gAY, ACCESS POINTS TO THE STATE HIGHgAY SHALL BE DEVELOPED IN A MANNER THAT gILL PROVIDE SIGHT DISTANC~ FOP __ MPH ALONG THE STATE HIGHUAY · IANDSCAPIHG ALONG THE STATE HIGHWAY SHALL PROVIDE FOR SAFE SIGHT DISTANCEt CCMPLY UITH FIXED ONJECT SET BAll[ AND BE TO STATE STANDARDS ~ __ A LEFT--TURN LAHE# IHCLUDIHG $HCULDERS AND ANY NECESSARY ~41DENINGi SHALL BE PROVIDED ON THE STATE HIGHVAT. A TRAFFIC STUDY IEDICATIHG ON AND OFF--SITE FLOV PATTERNS AND VOLUMES# PROMABLE IMPACTS AND PROPOnD HITIGATION MEASURES SHALL BE PREPARED · PARKING SHALL BE DEVELOPED tH A MANNER THAT gILL NOT CAUSE ANY VEHICULAR MOVEMENT CONFLICTS# IHCI. UDZHG PARKING STALL ENTRANCE AND EXIT# gITHIH __ OF THE ENTRANCE FROM THE STATE NIGHWAY. CARE SHALL BE TAKEN gHEH DEVELOPING THIS. PROPERTY TO PRESERVE AND PERPETUATE THE EXISTING DRAINAGE PATTERN OF THE STATE HIGHWAY, PARTICULAR CONSIDERATION SHOULD BE GIVEN TO CLI4ULATIVE INCREASED STORM RUMOFF TO INSURE THAT A HIGHWAY DRAINAGE PROBLEM IS HOT CREATED · PLEASE REFER TO ATTACHED ADDITIONAL C(3WqENTS. PROVIDE TO APPLIC4Z~J~TT- Date: November 19,1991 RIV-15-5.96/6.0 (Co-Rte-PM) C.U.P. No. 2 (Your Reference) ADDITIONAL COMMENTSf Our Hydraulics Engineers were unable to perform a complete review of the attached material because of insufficient data. Please provide the following information: Provide information on existing drainage facilities both upstream and downstream of proposal. 2. Provide proposed drainage plan of property to be developed. Include analysis of impacts of proposed drainage plan on existing facilities, if any. R rA ¢RIVERSIDE TRANSI.T AGENCY 1825 THIRD STREET" RIVERSIDE, CA 92507-3484 * BUS. [714) 684-0850 FAX (714} 884-1007 November 19, 1991 Mr. Mark Rhoades - Temecula Planning Department City of Temecula 43174 Business Park Drive Temecula, CA 92590 Re: CLIP if 2 Dear Mark: We currently provide service to the site mentioned above via Route 23 and we are requesting that a bus turnout or a pad for a bus stop be incorporated into the general design as the size of the planned project will negatively impact our level of service unless this amenity is constructed. An ideal location for the bus turnout would be on westside corner of Ynez Road midblock Ynez Auto Center, past the monument sign. If possible, we would also like to request that pedestrian walkway and wheelchair curb be provided near the turnout location specified above. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please let us know when this project will be completed. Should you require additional information or specifications, please don't hesitate to contact me. Sincerely, Transit Planner BB:jsc PDEV#120 November 14, 1991 Mr. Mark Rhoades City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 Water Availability APN 921-080-054 CUP No. 2 Extension of Time~ Auto Service Center Dear Mr. Rhoades: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner si~c~ning an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:SD:ajw217 SOUTHERN CALIFORNIA g!S COMPANY 1~11 LUGONIA AVENUe REDLANDS, CALIFORNIA MAILING ADDRESS: P.O. BOX 30G], REDLANDS, CALIFORNIA 92373-0306 November 18, 1991 City of Temecula 43174 Business Park Drive Temecula, CA 92590 ATTENTION, Planning Department RE~ ,~.U.P. No~ 2, Extension of Time In response to your request for a Letter of Non-Interference, the Southern California Gas Company maintains no facilities or easements in the area of the above-described project. Therefore, we have no interest or comments relative to the project in question. ~rn~ ~echnical Supervisor JA/blh ATTACHMENT NO. 3 CONDITIONS OF APPROVAL CONDITIONAL USE PF_.R_.'~HT NO. 2, REVISED NO. 1 5~TAI~-RI .CUP 15 ATTACHMENT 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Conditional Use Permit No. 2 Formerly Plot Plan No. 11694 Council Approval Date: Expiration Date: October 9, 1990 October 9, 1991 Plannincl Department The use hereby permitted by this Conditional Use Permit is for an automotive center with 21 ,~,58 square feet of service area and 8,663 square feet of retail area. 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 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 User Permit No. 2. 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 one ( 1 ) year 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 one (1) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit 3, or as amended by these conditions. 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. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way, The applicant shall comply with the street improvement recommendations outlined in the Conditions of the City Division of Transportation Engineering contained herein. STAFFRPT\CUP2 1 10. 11, 12. 15. 16. 17. The applicant shall comply with the conditions of approval of the City Engineering Department contained I~erein. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated January 19, 1990, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control DistrictBs transmittal dated April 11, 1990, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 5u,6 and the County Fire WardenJs transmittal dated March 30, 1990. a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County GeologistBs transmittal dated March 7o 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittal dated January u,, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the San Bernardino County Museum transmittal dated December 22, 1989, a copy of which is attached. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. 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. Prior to the issuance of grading or .building permits, nine (9) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval. The location, number, genus, species, and cqntainer size of the plants shall be shown. Plans shall meet all requirements of OrdinanceNo. 3u,8, Section 18.12, and shall be accompanied by a filing fee as set forth in Section 18.12, and shall be accompanied by a filing fee as set forth in Section 18.37 of Ordinance No. 3u,8. A minimum of 171 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3u,8. 171 parking spaces shall be provided as shown on the Approved Exhibit No. 3. The parking area shall be surfaced with (aspbaltic concrete paving to a minimum depth of 3 inches on t4 inches of Class II base. ) {decomposed granite compacted to a minimum thickness of three (3| inches treated with not less than 1/2 gallon per square yard of penetration coat oil; followed within six months by an application of llu, gallon per square yard of seal coat oil. ) STAFFRPT\CUP2 ATTA~ NO. 4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2 s~nu, r~-~.eu~ 16 ATTACHMEI~T 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Conditional Use Permit No. 2 Formerly Plot Plan No. 1169u, Council Approval Date: Expiration Date: October 9, 1990 October 9, 1991 Planninq Department The use hereby permitted by this Conditional Use Permit is for an automotive center with 21,117 square feet of service area and 8,82u, square feet of retail area. 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 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 User Permit No. 2. 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 dafend, indemnify, or hold harmless the City of Temecula. This approval shall be used within one ~ 1 ) year 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 one {1 ) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit 3, or as amended by these conditions. 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. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public righta-of-way. The applicant shall comply with the street improvement recommendations outlined in the Conditions of the City Division of Transportation Engineering contained herein. STAFFRPT\CUP2 I 10. 11. 12. 15. 16. 17. The applicant shall comply with the conditions of approval of the City Engineering Department contained herein. Water and sewerag.- disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmlttal dated January 19, 1990, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control District~s transmittal dated April 11, 1990, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No, 50,6 and the County Fire Warden's transmittal dated March 30, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County Geologiet~s transmittal deted March 7, 1990, a copy of which is attached, The applicant shall comply with the recommendetions set forth in the Department of Transportetion transmittal dated January 0,, 1990, a copy of which is attached. The applicant shall comply with the recommendetions set forth in the San Bernardino County Museum transmittal dated December 22, 1989, a copy of which is attached. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. 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 130) inches. Prlor to the issuance of grading or building permits, nine (9) copies of a Parking, Landscaping, irrigation, and Shading Plans shall be submitted to the Planning Departmerrt for approval'. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 30,8, Section 18.12, and shall be accompanied by a filing fee as sat forth in Section 18.12, and shall be a._;.~,panied by a filing fee as set forth in Section 18.37 of Ordinance No. 3q8. A minimum of 172 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 30,8. 172 parking spaces shall be provided as shown on the Approved Exhibit No. 3. The parking area shall be surfaced with (asphaltic concrete paving to a minimum depth of 3 inches on 0, inches of Class I I base. ) ( decomposed granite compacted to a minimum thickness of three (3) inches treated with not less than 112 gallon per square yard of penet, aLion coat oil, followed within six months by an application of l/l& gallon per square yard of seal coat oil. ) STAFFRPT\CUP2 2 18. A minimum of 5 handicapped parking spaces shall be provided as shown on Exhibit No. 3. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place. at each entrance to the off-street parking facility, not less than 17 inches by 22 inches. clearly and conspicuously steting the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at ownerrs expense. Towed vehicles may be reclaimed st __ or by telephoning In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicsting the symbol of accessibility in blue paint of at least 3 square feet in size. 19. Prior to the issuance of building permits. the applicant shall obtain clearance and/or permits from the following agencies: City Engineering Environmental Health Riverside County Flood Control Fire Department Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. 20. Prior to the issuance of building permits, the following additional and/or revised plans shall be submitted for Planning Department approval: Landscaping, Irrigetion, and Shading Plans Parking and Circuletion Plans 20. a. The applicant shall submi~ a signing program prior to occupancy. 21. Building elevations shall be in substantial conformance with that shown on Exhibit No. 2. 22. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit No. 1 I Color Board). Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. Prior to the final building inspection approval by the Building and Safety Department, a six foot high decorative block wall or combination landsr-~p, ed earthen berm and de~,, ~Live block wall shall be constructed along the STAFFRPT\CUP2 25. 26. 27. 28. 29. 30. 31. 32. easterly 120 feet of the north property llne and the entire length of the south property line. The required wall and/or berm shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. If the owner of the property south of the subject property submits a discretionary application within two years of the approval of this application or prior to occupancy of the project in question, and said application shows a building located on the south property line shall not be required to construct said wall where the building on the adjacent property abuts the property line. The trash enclosures which are adequate to enclose a total of u, bins shall be centrally located within the project, and shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feat in height and shall be screened from external view. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. Any oak trees removed with four {~) inch or larger trunk diameters shall be placed on a ten (10) to one ( 1 ) basis as approved by the Planning Director, All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Depae-tment of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. This project may be located within a subsidence or liquefaction zone. Prior to issuance of any building permit by the City of Temecula, a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for subsidenc~ or liquefaction. Where hazard of subsidence or liquefaction is determined to exist, appropriate mitigation measures must be demonstrated. Prior to the issuance of a grading permit, the applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this permit and its initial Study which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to the Planning Director of the City of Temecula demonstrating compliance with those conditions of approval and mitigation measures of this permit and its Initial Study which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of an occupancy permit, the applicant shall prepare and submit a written report to the Planning Director of the City of Temecula demonstrating compliance with all remaining conditions of approval and mitigation measures of the permit and its Initial Study. STAFFRPT\CUP2 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 Ithe gross acreage of the parcels proposed for development) Ithe number of single family residential units on lots which are a minimum of one- half ~1/2) gross acre in size). Should Ordinance No. 663 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 resol ution. 1 Class I I I bicycle racks shall be provided in convenient locations to facilitate bicycle access to the project area. 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 plantinge, walls, and fences in ac~n- ~=nce with the approved plan, and adequate maintenance of the planting for one year, shall be filed with the Department of Building and Safaty. 36. Prior to the issuance of occupancy permits, all required landscape plantlng 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 peets. The irrigation syatem shall be properly constructed and in good working order. 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. Engine repair or body work services shall be prohibited. Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no coet t.o any Government Agency, All questions regarding the true meaning of the conditions shall be raferred to the Engineering Department. It is understood that the Developer correctly shows all exiating easements, traveled ways, and drainage courses, and their omission may Fequire the project to be resubmitted for further consideration, PRIOR TO ISSUANCE OF CRADING PERMITS: A detailed Drainage Study will be required to be submitted to the City Engineer for review and approval. The Study shall be prepared by a Registered Civil Engineer and shall include exiating, interim, and proposed conditions, including hydrology and hydraulic calculetlons. STAFFRPT\CUP2 5 41. ~,2. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City ~tandards. A permit shall be required from C~lTrans for any work within their right-of- way. The developer shall submit two ( 2 ~ copies of a soils report to the Engineering I Department. The report shal address the soils stability and geological conditions of the site. 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 21&"x36" mylar by a Registered Civil Engineer. 45. The final grading plans shall be Completed and approved prior to issuance of building permits. 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 grading permit shall be obtainqd from the Engineering Department prior to commencement of any grading outside of the City-maintained road right- of-way. 48. 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. 50. The developer shall comply with the requirements of the City Engineer based on the recommendations of the Riverside County Flood Control District. 51. The developer shall accept and properly dispose of all off-site drainage flowing onto or through the site, 52. The applicant shall obtain clearance and/or permits from the following agencies: - Eastern Municipal Water. District - City Engineer - Environmental Health Fire Department Planning Department - Riverside County Flood Control STAFFRPT\CUP2 6 Rancho California Water District Riverside Transit Agency PRIOR TO BUILDING PERMIT: All work done within the City right-d-way shall have an encroachment p~rmit. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans. 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. 56. The design and construction of improvements for Ynez Road shall be bonded for in the event that the Mello Roos does not construct the required public improvements in accordancs with County Standard No. 100A ( 110~ 113u,~ ). Dedication shall be made of the following right-of-way on the following streets: DEDICATE YNEZ ROAD TO 67' FEET FROM STREET CENTERLINE 58. Non-vehicular access righta shall be dedicated to the City for Ynez Road except for one driveway located at the north property line. 59. The developer shall obtain an easement for ingress and egress over the adjacent property. 60. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for t, ~F;ic 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 mitigstion 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 treffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any treffic impact fee, and the amount thereof. 61. Prior to building permit, the subdivider shall notify the City~s C.A.T.V. STAFFRPT\CUP2 7 .1: FIll: IE: County of Riverside DEPARTMENT OF HEALTH P!VEPSiDE COUNTY PLANNING DEPT. BITE: ATTN: Jonn Ristow I~~ENTAL HEALTH SPECIALIST IV PLOT PLAN 11694 The Environmental Health Services ha~ reviewed Flct Plan 11894 and has no ob.~ectlons, Sanitary sewer and water services are available in this area, Prior first L.D,C meetlno, the followlnu Items will be submitted: "WIll-serve" letters from the water and sewsrime aQemcles, If there are to be any hazardous materials, a clearance le~r from the F, nvlronmental Health $ervlces Hazardous Materials Manaaement B~anch {Jon Hohoroskl, 358-5058), will ~e re~ulreU lndlcat~nu that the oro~ect ha~ ~een cleared for: a. Underuround storaue tanks, b, Mazardotjs Waste Generator Services, Hazardous Waste Disclosure (In accordance with AB 2185), d, Waste reduction manaoement, SM:tac co: Jon Hohoroskx. Hazardous Materials Branch RIVER61DE COUNTY PLANNING D[,PARTMENT April 25, 1990 7 RiVerside County DMsion of Environmental Health Land Use Section Post Office Box 1370 Riverside, California 92502 S~: Water Availability Reference: Parcel Map 23960, Lot 2 (Ynez Auto Center) Gentlemen: Please be advised that the above-referenced property is located wkhin the boundaries of Rancho California Water Dist~ct. Water service, therefore. would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management fights, if any, to RCWD. If you have any questions, please contact Senga Doher~ at (714) 676- 4101. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. En~neering Manager F012A/dpw76f cc: Senga DoherW .) TO: FROM: RE: MEMORANDUM RIVERSIDE COUNTY FLOOD CONTROL AtTD WATER CONSERVATION DISTRICT We have reviewed this case and ask that the following items be addressed on an amended map. Topography should be shown Or corrected. Show proposed grading and drainage. Show how the project would be protected from storm flows. Move structures/pads out of low area. Proposed diversions should be corrected. Show existing and proposed channels, culverts, drain pipes and other such facilities. Show existing watercourses. c. AppLicant ~o. P~an,i,g Dep~. d0A^ ~.'¢~0..., PI, ANNING &L ENGINEERING 46-209 OASIS ~*RI~ET. SUIT~ ~O5 ' ~DIO. ~ 9220~ (6~9) 342~6 RIVERSIDE COUNTY FIRE DEPARTStENT iN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NE%VMAN FIRE CHIEF 3-B0-90 TO: ATTN: RE: PLANNING DEPARTMENT JOHN RISTOW PLOT PLAN 11694 - AMENDED PLANNING & ENGINEERING 3760 I2TH STREET RIVERSIDL CA 92501 (714) 787-6606 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: : 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. Provide or show there exists a water system capable of delivering 2500 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. A combination of on-site and off-site super fire hydrants, on a looped system (6"x6"x2tx2~), 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. 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." 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. Ins=all a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, withi~ 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. Subject: Plot Plan 11694 Page 2 Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Firs Department for approval prior to installation, as required by the Uniform Building Code. In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505 (e) of the Uniform Building Code. 9. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 10. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 11. Certain designated areas will bs required to he maintained as fire lanes. 12. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 13. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $413.00 to the Riverside County Fire Department for plan check fees. 14. Prior to the issuance of building permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 25¢ per square foot as mitigation for fire protection impacts. This amount muse be submitted separately from the plan check review fee. 15. 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 the Planning and Engineering staff. RAXMOND R. REGIS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist ama :liViq)iDi COUfiC.U PLArI irK DEP :k'ITIERC Narch 7, %990 {RQvtsed Juno 15. lgg0) Gad $otlo, %no. 24890 Jef~orson Avonul P.O. Box 4g0 Hurttare, CA 92362 AI'rEHTION= ;ohn P. Franklin Albert R. Kletet SUBJECT: Alquist*Prtolo Special Studies Zone/Ltque,actton Hazard VI.0, 27B-A-RC Plot Plan No. 11694 A.P.N.: County ~eologtc Report Nos. 691 and 692 Temecula Area Gentlemen: we have revlewe~ the setsmtc/geol~tc aspects of your report entitled "Prellm!nary Soils and eealog!c Update Report, Pmrcel 4 of Parcel Map No, Z3960, Off Of YneZ Road, Temecula, Ca," dated duly 28, 1gag, and your addannum ~at~ February ZT, 1990. ; Your report deCarm1 ne<l that: 1. NO evidence for foulring was found in the area of the previously established fault setback zone on this si re. The potential for ground rupture at t~e site is Considered low. The Wlldomar fault has been m~pped dust westerly of the tubJect property, Peak horizontal ground acceleration from a maximum Credible earthquake of 7.5 magnitude on this fault could exceed 0.789. ~eak horizontal Ground acceleration from a maximum probable earthquake on thlS fault could exceed 0.749. Secondary earthquake effKts of lurching and/or locmltzed ground cracking could occur at this site. The potential for ts~naml or niche is not considered pertinent to site development. 44380 LEMON STREET, 9TH FLOOR RfVEIRSIDE, CALIFORNIA 92501 ! .=. 79133 COUNTRY CLUB DRIVE, QUI~ BERMUDA DUNES. CALIFC)RtdlA {619) 342-8271 County Geologt; Repcrt Nag. 691 and 692 Revised June 15, ~SeO Page Z The potential for surface flooding at the site, although considered low, cannot be entlrely precluaed. Indications o~ ma~or mass movement or major landsliding have not been observed cr reported on the site. Boring 8-3 have · a liquefaction. SubSidence aue to 1 iquefactton would be localized to rill and no manifestation of liquefaction is likely to Occur at or near the ground surface. Your report recommended that: Structural setbacks for faults are not warrentea on this site. The potential for surface flooding should be further evaluated by the design ergineer. Geologic inspections should be perfamed during site grading to verify geologtc conditions relative to faulting encountere~ both within or f 1 outside o the Alqulst-Priolo Spec al Studies Zone, 4. In order to ~lttgate liquefaction potential and/or seismically induced dynamic settlement, all existing fill one topsoil over the entire site within areas of settl~ert senst tire tn~rovements shall be removed. The average depth of removal is estimated at 3 to 4 feet, however localized deeper removals may be necessary. ~. The exploratory trench backfill Should be cleaned out inspected by the soils engineer, processed and replaced with fil( which has been moisture condttioned tO at least optimum mOisture content and compacted to a t least gO percent of laboratory standard. It is our opirto~ that the'report was prepared tn a competent manner consistent with the present "state-of-the-art" and satisfies the requirements of the Alquist-Priolo Spectal Studies Zones ~ct, the associated Riverside County Ordinance No. 547. Final approval of this report is hereby given, Coun:y Geologic Report No~. 69Z and 692 ReYised ~jne 1~, Z990 P~ge 3 It should ~e ncted that the re:om~endations mldl in Sour report nov supersede the ,ecmndetion$ made tn County leologic Report No. 27B hr this specific parcel. This revision {ppltcs to both the fault setback Zone and liquefaction mitigation ~easures, The recon~en~tion$ made in your report shall be adhered to tn the design and construction of thts project. Very truly yOUrs, RIVSRSIDE COUNTY PLANNZ DEPARTHENT A. Rl'hards, Plan trig Direct arkham ~nd A*~sociates - ida Sanchez CDNG - Earl Hart Building & Safety - Nom Lestbom t Planning Team 5 - John R stow January 4, z~o JAN 0 8 7990 evelo.ment m.~ie, 08-Riv-15-5.9~/~,O Your Reference: RIVE~IOECOLiNT~- pp liar4 Planning Department Attention Mr. .1ohn Ristow County of Riverside 4080 Lemon Street Riverside, CA ~2501 Dear Mr. Pistow: Thank you for the opportunity to review the proposed Plot Plan No. 11694 located between Route 1-15 and Ynez Road, nort~ of Solana Way in the Temecula area. Please refer to the attached material on which our comments have been indicated by the items checked and/or used by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Calftans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mr, Thomas .1. Neville at (714) 585-4584, Very truly H. N. LEWANDOWSKI District Permits Engineer Art (Your Reference) Plan checker Date Rte WE WOULD LIKE TO NOTE: ~xi Ccr~tj. cr/l]m~l iti~n witi'U,n preset or proposed State nSht of way should be investl~ated for ~en p]arLs ~re su~aitted. p)-=~- crnform to the reqtnz~m,=,es of the attached '14andout". lkia will expedite the review pr~---- and time required for Plan Check. this a. Any mamzas nece~ to mu~ate the c~m~lattve ~mmct of traffic and drainage stall be provided prior to or ~=th developmint of r. he area tkmt necessitates r. hen. __ It appears that U~ traffic and draUmge 8ererated ~/r_his prop-==l could have a st~tficant effect on w~e state hi4~y syste~ of the arm. Any =estn-es neces~ to mitigate the traffic and draina&~ ThU portion of state ~t~mey is included in the c~i~orma [%ster Plan of State Hi~me~s ~ni.~ble for Official _~-=,~lc ~i)y ~.mation. and in the future )~r a.Nancy amy wish to [lave ~/lls rlXxte Offir~-~y desi~ated as a state ~---ttc hidre, my. __ ~ portion of state ,~i~h~ay has ~ off~e~a~!y a~retsd as a state relic hiEMy, and de~t in Utis corridor should be culmtible wir_h the ~'enic hiSMy concept. It is rec~ t~lat there is considerable public ccn:ern about noise lm adjacent to heavily traveled hiEMys. [and de~o~fn,nt, in order to be cc,~m,tible with this ccrt. ern, my requ=e .spmf~nl nol_ie at~untion ~es, Pev~.t Of prolmrty should l~c',ude any ne~ noise atral~/rJ. al. W% REQUEST ~IAT THE IT[,i5 CHECKED BELOW BE INCLUDED IN THE CONDITIONS OF APPROVAL FOR THIS PROJECT: Normal right of way dedication to provide ,. half-width on the state highway. Normal street improvements to provide half-width on the state highway. Curb a~d gutter, State Standard along the state highway. Parking shall be prohibited along the state highway by painting the curb red and/or by the proper placement of "no parking" signs. radius curb returns be provided at intersections with the state hi;hway. A standard wheelchair ramp must be provlded in the returns. A positive vehicular barrier along the property frontage shall be provided to limit physical access to the state highway. Vehicular access shall not be developed directly to the state highway. Vehicular access to the state hi=hway shall be provided by existin= public road connections Vehicular access to the state highway shall b: provided by driveways. standard P!~mse refer :o a~ur;~: ami:icral c~rsnu. REQUEST: e~L A cow of ~'~ a:r~t4ms of apFo~al or revise~ a~roval. A copy d v/clmu-,mu pro~i. cLi.~ 8dcLi. U~i. sut~ h~l'Msy n,Mac of ~ey utxm r~corclau. m of t, he REQUEST Tile OPPO~,TU.IITY TO REvIEw DURING THE APPROVAL PROCESS: __ A ~ ~: of ~ ~ ~ T~: ~. A ~ ~t d ~ ~ f~ ~y ~ ~ ~ ~ ~y ~ of ~y. Date: January 4, !990 (Co-R~e-PM; PP 11694 (Your Reference; ADDITIONAL COMMENTS: The Transmlttai letter, dated 12/22/89, Indlcates an Assessor's Parcel number which does not agree wlth the AP numDer shown on zhe subm!tted size plan. The CalTrans RIght-of-Way (R/W) shall be delineated wzzh the "NO ACCESS" symbcl (see State R/W maps). ?~e requlred cross-seczlons {see attached "HANDOUT": ~all a mlnlmum of 15 ft. beyond both sldes of zhe R/W line. exzend qATE: December 22, 1989 TO: Assessor Butldtng and Safety - Land Use Butldtng and Safety -Gradtng Surveyor - Ken Tetch Road Department Health - Rolph Luchs FIre Protection Flood Control Dtstrtct Fish & Game U.S. Postal Servtce- Ruth E. Devtdson U,S, Fish & ttldllfe hrYtces County Superintendent of Schools Rancho California Hater Dtstrtct Eastern HunTdpal Hater District California EdJton - Oaoug Daytel Southern California Gas Generel Te~iphone Callruns t8 Ctty of Temecula Temecula Unton School Dtstrtct RiVER DE COUN u, PLArlrlirl¢3 DEPARailEpr Con~isstoner Turner San Bernardfro Coanty Noseum Comuntty Plans JAN 1 G 1990 ~ COUNTY PLANNING DEPARTMENT PLOT PLAN 11694 - (Tm S) - E.A. 34633 - Colbourn-Currter-No11 Architecture, Peter Noll - Runcho California Area - F~rst SupervisortEl DIstrict - t stde of Ynez Rd., between Hlnchester Rd. & Solana Hay - C-1/C-P Zone - 3 Acres - REQUEST: Automotive retail and servtce - Nod 119 - A,P, 921-08N. 53,54 Please review the case described above, along with the attached case map. A Land Division Comittee meeting has ben l~,ntativel.v scheduled for January 18, 1990. If it clears, it will then go to public hearing;' Your comments and recommendations are requested prior to January 18, 1990 tn order thatwe may include the in the staff repor~ for this particular case. Should you have any questions regarding thts ttem, please do not hesitate to contact John Ristw at 787-6356, Planner CORqENTS: The parcel is located on the fossillferous Paub8 Formation. Construction excavation will impact nonrenewable paleontologlc resources. The aeveloper must retain 8 Qualifted vertebrate paleontologist to develop 8 site-specific program to mitigate impacts to p81eontoZogic resources. This program should include: D~]~-' rnnnitnpir~ nf ~NqV~I4q hy a Qualified Daleontolonlc monitor: (2) preparation of recovered specimens, Including sediment processing for smaZZ vertebrate fossils; (3) P I~k~lil~r at ellelNtisttltte an estat;)llshed repository; and (z~) a report of findings with r~omplete specimen inventory. 1/7/90 ~'~ ~ Dr. AZZan D. Grlesemer, Museums DIrector RIVERSIDE, CALIFORNIA 92501 (7141787-6181 46-209 OASIS STREET, ROOM 304. INDIO, CALIFORNIA 92201 (6191 342-6277 :liVE:l)ii COUrKv PL mrK DEPA:t m .n Gee Soils, InC. 24890 ~effecaon Avenue P,O. Box 4~0 Harriers, CA ~Z352 John P. Franklin Albert ~. Klels~ Alqu~st-P~tolo Special Plot Plan 11694 A.P.N.~ 949-210-004 we have revieved the seismic/gcolcqlc aspects of your report n;~ticled sPreliminar Soils sad Geologic Updste Report, Psrcel 4 of Fsrcel Hap No, 2t960, off of Ynez Road, Tamecola, CA,~ dated J~ly 28, 1989, and your addsedum dated February 2~, 1990. · our report dc~,ermined thatl evidence for faulting yes found in the ares of the prevlculy established fault setback zone on this s~te. Tee Fotcntial for g~cund rupture at the site is considered lov. The Wildsmar fault has been mapped Just westerly of the 8ubJect proper~y. Peak horizontal ground 8ccelere~ion fr~ · maximum credible earthquake of ?.$ magnitude C~ this fsul~ c~uld e.~cecd 0.Te g. Peek horizontal ground accalera~io~ rto~ a maximumprobable earthquake on this fault could exceed 0.~4 Secondary elrthq~ake e~euts ef hrehing and/or localized ground cracking could occur st this site. 4. The potential nor tsunami or eelthe is sot considered pertinent to site development, 5, The potential for earrose floodLe~ st the alto, ellhough coeeidered low, aanno~ ~e entirely proeluded, ZndLoaZions of major moo moment or major leodmlid/n9 have not been observed o= reported on the otto, 4020 LEMON STREET, ITH FLCX)R RIVEI~qIDE, CALIFORNIA ~2~01 ~Id~ ~IITJ~IR1 7wxs COUNTRY CCUS DR~VE. SurrE S ~ERMUI)A DUNES, CAUleORNIA ~2201 'tiH IHIHHU~J ~L~ ~[I 101J Gee Soils. InC. J4arch 7, lug0 Wage -2- Sc~e o{ the sandy soil lenses present in the vicinity o{ 20 feet at Boring B-3 have · potential {or li~efaction. Subsidence due to liquefac4:ion would be localized to nix and no manifmststion of Liquefaction is Likely to occur at or near the ground surface. Your report recosaended thatx structural setbacks for faults are not warranted on this site. The potential for mur~ace flooding should be further evaluated by the design engineer. Geologic inspections should be performed during site grading to veri~y geologic conditions ~elatlve to faulting encountered both within or outside of the Alquist-lriolo Special Studies gone. In order to mitigate 1iq~e~actionpoten~iul and/or seismically induced d~nsmic settlements all existing fill and topsoil over the entire site within areas of settlement sensitive ~mprovements shall be removed. The average depth o~ removal ie estimated at 3 to 4 £met, however localized deeper removals may be necessary. The e~Flcratozy trench hickfill should be cleaned out, inspected by the moils engineer, processed and replaced with fill which bee Men s~lstuse oonditlocod to It least optimum' moisture sontent end c~mpaoted to at least 90 percent 0f laboratory s~snderd. Zt is our ~Flnion ~hat the repose eel prepared in · competent manner consLsten~ eith the present "stste-of-~he-scte and satisfies the re~uireeents of the A~q~iet-priolo Spasial Studies Zones Act. the sea~c~stedJtiveseide Cc~tn~y Or~nsn~ ~. 147. Fill s~roul o~ th~s se, t~ is he~y give. ShOuld be noted that the rec~mMadstione made in your report now superce~e the recommendations mode tn County ~oLogic Sspox~ ~e. 3?8 for this specific parcel· This rQvisioa applies to ~h fsu~t se~ct Bone an~ liCefaction mitigation ~ssuxee. design mad ¢on$tr~mction o~ this Very truly yours, c.~. arkhem end Assoc. - Ida V%anning Teem S - ~ohn gXetov ATTACHMENT NO. 5 INITIAL STUDY/DISCUSSION OF ENVIRONMF, NTAL EVALUATION SXSTA~-m.C~ 17 ATTACHMENT A CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. t~se of Proponent: Larry Gabele Address and Phone ~mber of Pz~nent: Date of ZnvLr~n~ent~l Asselement: 4725 Executive Square, Ste. La Jolla, California 92307 (619) 587-1985 August lO, lggO 1040 4. /~ency R~.i.ring Asses2eent: Name of Fz,~sal, if applicable: Location of Prq~sal: Conditional Use Permit No. 2 (Formerly PlOt Plan 11694) Thp West side of Ynez Road, approx. 200 feet North of Solana Way. Environmental ImPacts (Explanations of all "yes" and "maybe" answers are provided on attached sheets. ) Ye__s Maybe N_9 1. Earth. Will the proposal result in: Unstable mmrth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? de Substantial change in topography or ground surface relief features? The destruction, covering or modi- timion of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or or off site? X Changes in deposition or erosion of beach ·ands, or changes in silt·lion, deposition or erosion which may modify the channel of · river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property ta geologic hazards such as earth quakes. landslides. mud·lid·s. ground failure. or similar hazards? 2. Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality7 The creation of objectionable odors? Alteration of sir movement, moi·ture, or temperature, or any change in climate, whether locally or regionally? 3. Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either mrine or fresh waters? be Substantial changes in absorption rates, drainage patterns, or the rate end amount of surface runofP. c. 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 n~t limited ta, temperature. diu, lved oxygen or turbidity? Alteration of the direction or me of flow of ground waters? Yes Maybe N_9o X X X X X X X X X RI ANKTI:~IF(~RM~ -}- Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through - interception of an aquifer by cuts or excavations? he 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? Ye~ Maybe N_,9 X X X X _ Noise. Will the proposal result a. Increases in existing noise levels? b. Exposure of people to severe noise levels? : Light and Clare. 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 usa 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 nee limited to, oil, poeticides, 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 rata of the human population of In Iral? Housing. Will the proposal affect existing housing or create m demand for 8ciditionsl housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular meresent? Yes Maybe N_,9 X X X X !~1 ANKIEEP-IFORM-q 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 andlot 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 mitered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: Us.e d substantial amounts of fuel cr energy? Substantial increase in demand upon existing ~eurr4~ of energy, or require the development of new sources of energy? Utilities. Will the proposal result in · ne~l for now systems. or substantial miterations to the following utilities: Ye._.~s X x Maybe m No a. Power or natural gas? 18. 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 m 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? de Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes m ,Maybe X X X X X No x 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of m fish or wildlife species, cause m 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 prohistory? be 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, ) c. Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's ifoplct on two or more separate resources may be relatively small, but where the effect of the total of these impacts on the environment. is significant, ) d, Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yes Maybe X No I I I. Environmental Evaluation 1 .a,b. 1 .c,d. 3,a,c, d,f, Yes. Fill and topsoil replacement to a depth of 3 to u, feet will occur. Topsoil replacement is necessary to mitigate the potential for liquefaction and subsidence. This is not considered a significant impact. No. The project will not result in substantial changes in topography or destruction of unique geologic features. The site is flat, and substantial changes in topography will not be required. Maybe. The potential for wind and water erosion will increase during construction. Wind erosion will be mitigated by the use of watering trucks and planting vegetation after grading. increased water runoff due to the addition of impermeable surfaces will be accommodated by drainage facilities as approved by the Engineering Department. No. The site is not located near any body of water which would be impacted by siltalien or deposition. No. County Geelogic Reports No. 691 and No. 692 were prepared for: the underlying parcel map which includes the subject property. The County Engineering Geologist reviewed the Geologic Reports with regard to the project in questions. Although the site is located in an AIquist-Priolo zone, no evidence for faulting was found on the site, The geologic report stated that structural setbacks for faults are not warranted on this site. Secondary earthquake affects af lurching or localized ground cracking can be adequately mitigated by proper structural design. The report also states that the potential for liquefaction and/or seismically induced ground subsidence can be mitigated by replacement of topsoil and fill to a depth of 3 to u, feet. Localized deeper removals may be necessary, The County Engineering Geologist found that the report satisfies the requirements of the AIqulst-Prlolo Special Studies Act. The recommendations of the report shall be Conditions of Approval for this project. No, The project will not result in an increase in vehicle trips or an increase in auto emissions. The nature of the project is not such that it will attract substantial volumes of new traffic to the region. No. The project will not involve any process which would create objectionable odors or cause any alterations in the cllmate. No. The site is not located near any streams or bodies of water. Drainage will be directed to streets or to drainage facilities. The project does not include any structure or excavation which would alter the flow of direction of ground water. STAFFRPT\CUP2 8 Yes. Increased runoff due to the addition of impermeable surfaces will be accommodated by drainage facilities as approved by the Engineering Department. Yes. During construction, the proposed project will increase turbidity in local surface water. This impact is temporary and is not considered significant. 3.g. No. The project will be served by the Rancho Water District and will not involve any direct withdrawals or additions to ground water. Due to the limited depth of excavation for soil replacement and compaction, it is unlikely that ground water will be encountered. 3.i. No. The site is not located in a flood zone. u,.a-d. No. No unique, rare, or endangered plant species have been identified in the area in which the site is located. The possible introduction of new species of plants to the site as part of the required landscaping is not considered a significant impact. The site is not used for any agricultural crops. Yes. The subject site is located within the area designated by Riverside County as habitat for the endangered Stephen~s Kangaroo Rat. The impact of development within the Kangaroo Rates habitat will be mitigated by paying fees which will contribute to the implementation of Riverside Courtryes Habitat Conservation Plan. Yes. On-site noise levels will increase temporarily during construction and in the long term due to increased traffic volumes. This is not considered a significant impact because the surrounding land uses are not noise sensitive and noise levels are unlikely to exceed State daily average noise level standards. 6.b. No. The proposed project and existing and future surrounding land uses are commercial in nature and will not create severe noise levels. Yes. The proposed project is located within the Mt. PaiDmar Observatory Street Lighting Policy Area. In order to prevent "skyglow" interference with the Mt. PaiDmar telescope, low pressure sodium vapor lighting shall be used. No. The proposed project is consistent with the designation of the site and its vicinity for commercial land uses. 9.a.b. No. The project will not result in a substantial increase in the rate of consumption of any natural or non-renewable natural resource. 10.a. Yes. The proposed automotive center will involve the use of motor oil and mey involve the use of other hazardous aubsta~,'-t. The applicant shall provide a list of hazardous substances which will or may be used on the site end a submit a plan for their disposal to the' County Health Department. STAFFRPT\CUP2 9 lO.b. Maybe. If closure of a lane on Ynez Road during construction is necessary, emergency vehicle response may be inhibited. Any street or lane closures during construction shall be coordinated with the Police and Fire Departments. 11,12. Maybe. The project will provide additional jobs and could attract more population to the area, However, the number of new jobs created will probably not exceed 100, and at least some of the jobs will be taken by current residents of the area, The increase in population and demand for housing in the area due to this project are unlikely to be a significant impact. 13.a. No. The on-site parking provided is adequate to meet the needs of the proposed land uses. 13.b. 13.c,d,e. Yes. The proposed automotive center is required by Ordinance 3~8 to provide 230 parking spaces. The proposed site plan shows 171 parking spaces and no loading zones. The potential for on-site peak hour circulation and parking impaction is high and could cause retail customers to attempt to park on adjacent properties. No. The project will not impact public transportation systems, air' water, or rail traffic, or alter present patterns of circulation. l~.aob, e,f. Yes. The proposed project will require public services in the areas of police, fire, road maintenance, and public facilities, Fire impact mitigation fees and property taxes will provide adequate mitigation for the additional need for public services generated by the project. Maybe. Any impact on schools or recreational facilities resulting from an increase in population due to new employment opportunities will be mitigated by Conditions of Approval upon new housing. 15.a,b. No. The proposed project will not result in a substantial use or increase in demand for fuel or cther energy sources. 16.a-f. No. The proposed project will not result in a need for substantial alterations of existing utility systems. 17 .a,b. Maybe, The project will involve the use of mr oli and may involve the use of other hazardous substances. A list of hazardous materials which will or may be used at the site and a disposal plan shall be submitted to the City and to the County Department of Environmental Health Services. 18. Maybe. The proposed project will nct obstruct any scenic view currently available to the public, However, the site is located adjacent to the 1-15 scenic highway corridor. Building materials, colors, and free-standing signage shall be compatible with the natural environment and existing development. Free-standing signs shall be the minimum size necessary for identification, The landscaping adjacent to the 1-15 STAFFRPT\CUP2 10 19. 20.a-d. 21 .a, 21 .b. 21 .c. 21 .d. right-ot-way shall be substantial and shall provide significant screening of the site from view from the freeway. No. The site is not currently used for recreational purposes and is not located in or near a potential recreational trail alignment, Maybe. The site is located in an area of paleontologlcal sensitivity and near an area of sensitivity for archaeological resources. The developer shall retain a qualified vertebrate paleontologist to develop a site- specific program to mitigate potential impacts to paleontologic resources. The program shall include monitoring of excavation, preparation and curation of specimens, and a report of findings with a complete specimen inventory. Maybe. The project will not degrade the environment. Any potential reduction in StephenIs Kangaroo Rat habitat would be compensated by participation in the Kangaroo Rat habitat conservation program. No. Long term project generated traffic impacts will be mitigated by planned street improvements. Maybe. The project could contribute to the existing poor level of. service at the intersection of Ynez Road and Solana Way if it is occupiecj prior to construction of street improvements at the intersection. The project would increase southbound through traffic by 10% and southbound traffic turning left on Solana Way by 13%. These are relatively small impacts, but will aggravate the poor level of service due to existing traffic and projected traffic due to other projects and growth in the area. The poor level of service will be mitigated by construction of street improvements which will probably occur in approximately 12 months. Maybe. The project will involve the disposal of used motor oil. Used oll will be recycled and will not be disposed in a manner which will pollute soil or ground water. The use of any other hazardous materials will require a clearance from the County Department of I-lealth. S~AFFRPT\CUP2 11 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the prel~sed project COULD NOT have I significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project c~uld have a signi- ticant effect on the environment, there will not be a signi- ficant effect in this case because the mitigation measures described on attached sheeta 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. For CITY OF TEMECULA BLANK I ~IFORM~ , - ATTACHMENT NO. 6 EX~rmITS S~TAFFRPT~-RI.CUP 18 CITY OF TEMECULA '~ RANCHO CALIFORNIA -- SITE CASE NO.: Conditional Use Permit No. 2, Revised No. 1, Extension of Time EXHIBIT: A VICINITY MAP P.C. DATE: April ~0, 1992 SWAP- Exhibit B SITE A Designation: Commercial ZONING - Exhibit C Designation: Scenic Highway Commavial Case No.: Conditional Use Permit No. 2, Revised No. I, Extension of Time P.C. Date: April 20, 1992 CITY OF TEMECULA -/ CASE NO.: Condition Use Permit No. 2~ Revised No. 1, Extension of Time EXIHRIT: D SITE PLAN P.C. DATE: April 20, 199:Z ~CITY OF TEMECULA /- · ZLEVATIONS BUILDING A ELEVATIONS BUILDING B CASE NO.: Conditional Use Fr~:mit No. 2, Revised No. 1, Extension of Time Ex~mrr: E ELEVATIONS P.C. DATE: April 20, 1992 CITY OF TEMECULA '.-.-- ,_.,,,; ...... . ELEVATIONS'BUILDING C/D ;, .... CASE NO.: Conditional Use Pe~:udt No. 2, Revised No. 1, Extension of Time ExHmrr: E ELEVATIONS P.C. DATE: April 20, 1992 CITY OF TEMECULA ELEVATIONS BUILDING CASE NO.: Conditional Use Pe~-udt No. 2, Revised No.l, Ex~sion of Time Exnmrr: E ELEVATIONS P.C. DATE: April 20, 1992 CITY OF TEMECULA CASE NO.: Condifionnl Use Pra-mit No. 2, Revised No. 1, Extension of Time EXIIIBIT: F FLOOR PLAN P.C. DATE: April 20, 1992 CITY OF TEMECULA :FLOOR PLAN CASE NO.: Conditional Use Permit No.'2, Revised No. 1, Extension of Time EXnrnlT: F FLOOR PLAN P.C. DATE: April 20, 1992 · CITY OF TEMECULA , B :FLOOR PLAN CASE NO.: Conditional Use Pe~-mit No. 2, Revised No. 1, Extension of Time Exmnff: F FLOOR PLAN P.C. DATE: April 20, 1992 · CITY OF TEMECULA CASE NO.: Conditional Use Permit No. 2, Revised No. 1, Extension of Time EXHIBIT: G LANDSCAPE PLAN P.C. DATE: April :~0, 1992 ATTA~ NO. 7 LETTER REQUESTING EXTENSION OF TIME CONDITIONAL USE PERMIT NO. 2, REVISED NO. 1 DATED: APRIL 14, 1992 GABBE & OMN , CPA'S April 14, 1992 City of Temecula Planning Department Attn: Matthew Fagen REz CUP #2, THE YNES CAR CARE C~NTER Dear Matthew= As you know, we have been w~rking on this project since Aprll of 1989. In October of 1990 we received our plot plen approval £or ~he project and in February of 1991 we received a loan commitment from our bank to fund the pro~eet. Subsequently/ in approximately July of 1991 we determined that the bank could not meet its commitment for our financing. I~ appeered that wa were to become one more casualty of this almost impossible fir~ancing marka~. However since that time we reetructured our project, infused more capital into it and have, as of March 1992, received a new loan commitment from North County Bank. Since we were aware of this financing p=oblem in September of 1991 we applied for an extensio~ of time for our conditional use permit #2 which was to expire on October 10, 1991. After filing this request for extension we were under the impression that our request had been approved for another twelve month period. However. upon visiting your office in March you informed us tha~ our request for extension of time had not been approved since ~his request had ~ot been noticed. I pointed out that I was not aware that the notice was required since no one on the staff had informed uS Of this requirement. Since you have made us aware of this requirement we are now preparing the documents necessary to attend a public hearing to request an extension of time for our plot plan permit. I understand that the require~ 10 da~ public notice has been served and we'll be attending a meeting on April 20th to formally request this extension. Should you need any further information please feel free to contact me at (519) 587-1~85. Ver~ tru you s, a Gabale JLG:ck 4275 EXECUTIVE ,SQUAF4E, SUITE '1040, LA JOLLA GNJFOI' IA 92037 (619) 587-1985 ITEM #7 STAFF I~RPORT - PIANNING crrY OF TEMECULA PLANNING COMMISSION April 20, 1992 Case No.: Tentative Parcel Map No. 27336 Prepared By: Saied Naas~h RECOMMENDATION: 1. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: REAFFIRM the previously adopted Negative Declaration for Plot Plan No. 239; and ADOPT Resolution 92- recommending approval of Tentative Parcel Map No. 27336; based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. Rancho California Water District Same as above A request for approval of a Reversion to Acreage as required by Condition of Approval No. 39 of Plot Plan No. 239. Nonhefty side of Winchester Road between Calle Empleado and DiazRoad Manufacturing-Service Commercial OVI-SC) North: South: West: PROPOSED ZONING: N/A EXISTING LAND USE: Vacant Manufacturing-Service Commercial (M-SC) Manufacturing-Service Commercial (IVI-SC) Manufacturing-Service Commercial CIVI-SC) Manufacturing-Service Commercial CM-SC) ENVIRONMENTAL DETERMINATION Pursuant to applicable portions of the California Envinmmental Qua/ity Act (CBQA), an Initial Study was prepared for Plot Plan No. 239 which determined the project in question will not have a significant impact on the built or natural environment; a Negative Declantion was adopted for the project. A reaf~n~ation of this Negative Declaration is recommended for Tentative Parcel Map No. 27336. There is a reasonable probability that Tentative Parcel Map No. 27336 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State hw. The project, as condi~oned, conforms with existing applicable city zoning o~dinances and development standards. Further, the proposal is charactel4jstic of similar development approved by the City to date and anticipated in it's vicinity based on current development trends. There is not a likely pwbability of substavtial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan. The project is compatible with existing development standards which will likely be included in the City's future General Plan. The proposed use or action as conditioned complies with State planning and zoning hws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The project as designed and conditioned will not adversely affect the public health or weftare. The proposal will not have an adverse effect on surrounding properties which are vacant now. It does not represent a significant change to the present or planned land use of the area and the SWAP designation of Light Industrial. As conditioned, the project conforms with applicable land use and development reguhtions. The pwject hag acceptable access to dedicated rights-of-way which are open W, and useable by, vehicular traffic. The project draws access from Winchester Road and Avenida de Ventas, improved dedicated City rights-of-way. Project access, as designed and conditioned, 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 Environmental Analysis for this project. SURROUNDING LAND USES: North: Vacant South: Vacant ~t: Vacant West: Vacant PROJECT STATISTICS Site area: 11.5 acres Number of existing parcels: 11 BACKGROUND This R~version to Acreage was a Condition of Approval for Plot Plan No. 239. This condition required the applicant to record a parcel map prior to issuanc~ of building permits for the plot plan in order to ensure that no builaings crossed property lines. Plot Plan No. 239 was approved by the City Council on November 26, 1991. This approval allowed conslxuction of a 40,000 square foot two (2) story office building, a 13,000 square foot single story warehouse structure, a 20,000 sq. are foot single story operations maintellallce Mildillg, a service vehicle storage yard with 250 parking spaces and an employee and visitorparklng area with 287 spaces. PROJECT DESION Parcel No. 27336 will combine 11 parcels into one (1) parcel. The approval of this project will satisfy Condition No. 39 for Plot Plan No. 239. ANALYSIS Pursuant to Section 504 of the Uniform Building Code (UBC), the applicant is required to eliminate the property lines curren~y existing on the project site to prohibit single structures from creossing preperty lines. The Sub4:h'vision Map Act refers to this procedure as Reversion to Acreage and it ¢nmii~ redescription of the propony reflecting the project site as a single parcel. EXISTING ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The project, as conditioned, conforms with existing zoning and subdivision ordinances affecting the subject property, and is compatible with the Southwest Area Plan (SWAP) land use designations of Light Industrial. The proposal is also compatible with existing and anticipated development in its immediate vicinity. As such, Tentative Parcel Map No. 27336 will likely be consistent with the City's General Plan recommendations for the property in question, upon the Plan' s final adoption. S~T~.T~M 2 ATTACHMENT NO. 1 RESOLUTION NO. Said findings are suppoRed by minutes, maps, e~hihits and ollvironm~lltld documents associated with these applications and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Ellvironmental Assessment, and Conditions of Approval. STAFF RECOMMENDATION: 1. 1H?.AI~'IRM the previously adopted Negative Declaration for Plot Plan No. 239; and ~ Resolution 92- recommending approval of Tentative Parcel Map No. 27336; based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. vgw Attachments: 2. 3. 4. Resolution 92- - blue page 5 Conditions of Approval - blue page 11 Initial Study - blue page 15 Exhibits - blue page 16 Vicinity Map SWAP Map Zoning Map Tentative Parcel Maps No. 27336 Plot Plan NO. 239 S~TA~36.TPM 4 A'rrA~ NO. 1 ]~Y-QOLUTION NO. 92- A ItF-~OLUTION OF ~ PIANNING COMI~,~SION OF TI~,CITY OF ~RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 27336 FOR REVERSION TO ACREAGE OF !~J.v. VEN (11) PARCgI -~ ON APPROXIMATELY 11.$ ACRES LOCATED NORTffERLY OF WINClc~-~TER ROAD BETW'gEN C~,T.T.I~. EMI~,I~-ADO AND DIAZ ROAD AND KNOWN AS ASSESSOR'S PARC~T, NO. 909-310-024 THROUGH 28 AND 41 THROUGH 46 ~, Rancho California Water District fried TeDthrive Parcel Map No. 27336 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHERY_,AS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local hw; VIrffEREAS, the Planning Commission considered said Tentative Parcel Map on April 20, 1992 at which time interested persons had an oppommity to testify either in support or opposition; WffEREAS, at the conclusion Of the Commission hearing, the Commission recommended appwval of said Tentative Parcel Map; NOW, Ti~,RI~.!~ORE, ~ PLANNING COMMISSION OF Tin?. CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOllOWS: Section I. Findings. following findings: That the Temecuh planning Commission hereby makes the 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 genera/plan be adopted or the requirements of state hw that its decisions be consistent with the general plan, if all of the following requirements axe met: general plan. 1. The city is proceeding in a timely fashion with the pn~cnration of the 2. The planning agency finds, in appwving projects and taking other actions, including the issuance of building permits, each of the following: 2. That thc design or improvement of the proposed land division is consistent with applicable general and specific pinn.~: 3. That the site of the proposed land division is physically suitable for the type of development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. That the design of the proposed hnd division or proposed improvements are not likely to cause substantial environmental damage or substavtlnlly and unavoidably injure fish or wildllfe or their habitat. 6. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 7. 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 lnnd division. A land division may be approved if it is found that alternnte easements for access or for use will be provided and that they will be substavtinlly equivalent to ones previously acquired by the public. This subsection shnll apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. E. The pinnnln~ Commission in recommending appwval of the proposed Tentative Parcel Map, makes the following findings, to wit: 1. There is a reasonable pwbability that Tentative Parcel Map No. 27336 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State hw. The pwject, as conditioned, confonns with existing applicable city ZOning ordinances and development standards. Further, the proposal-is chaxacteristic of Simihr development approved by the City to date and anticipated in it's vicinity based on current development trends. 2. There is not a likely pwbability of substantial detriment to, or intexference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan. The project is compatible with existing development standards which will likely be included in the City's future General Plan. 3. The proposed use or action as cunditioned complies with State planning and ZOning hws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 CPhnnin~ and Zoning Law). health or weifax~. The project as designed and condi~oned will not adversely affect the public a. Them is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considcred 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 ultlmately inconsistent' with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local oralnnnce5. B. The Riverside County General Plan~ as mended by the Southwest Area Community Plan, Cnerolnaetcr "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 lime, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the prcpanxtion of its General Plan. C. The proposed Tevtntive I'arcel Map is consistent with the SWAP end meets the requirements set forth in Section 65360 of the Government Code, to wit: The city is proceeding in a timely fashion with a preparation of the general 2. The planning Commission fmds, in recommending approval of projects end taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a. There is reasonable probability that Tentative Parcel Map No. 27336 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a ~easonable lime because the project is consistent with the existing SWAP end Zoning Designations will have minimal impact on the surrounding propellies. b. There is little or no pwbability of substantial detriment to or interference with the future adopted general plan if the pwposed use or action is ulrimately inconsistent with the plan because the projects will have minimal impact on the surrounding properties; c. The proposed use or action complies with all other applicable requirements of state hw end local ordinances because it is consistent with the development standards of Ordinance No. 460, which conforms with State Laws. D. Pursuant to Section 7.1 of County Ordinance NO. 460, no subdivision may be approved unless the following findings are made: specific plans. That the proposed land division is consistent with applicable general end I minis, By CERTIlv/that the fo~going Resolution was duly adopted by the Planning Comm~,~sion of the City of Temecula at a regular meeting thereof, held on the 20th day of April, 1992 by the following vote of the Commission: AYES: NO~S: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONI~<S: PLANNING COMMISSIONE~: S~TaP~XPTU'n~.TPM 10 5. The proposal will not have an adverse effect on surrounding property. It does not represent a significant Chnnge tO tl~ present or planned land use of the area. As conditioned, the project conforms with applicable land use and development reg.lntions. 6. The project h~.~ acceptable access to dedicated rights-of-way which are open to, and useable by, vehicular Iraffic. The project draws access from Winchester Road and Avertida de Ventas, improyed dedicated City rights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. 7. The pwject as designed and conditioned will not adversely affect the built or natural environment as determined in the Envil'onm~nta] Annlysis for this project. F. As conditioned pursuant to SECTION llI, the Tevtntlve Parcel Map is compatible with the health, safety and weftare of the community. SECTION H. Environmental Compliance. An Initial Study prepared for Plot Plan No. 239 indicated thnt nlthough the proposed project could have a significant impact on the environment, there would not be a significant effect in thig case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, was granted. Parcel 27336 reaffirms the Negative Declaration for Plot Plan No. 239. SECTION IH. Conditions. That the City of Temeeula Planning Commission hereby approves Tentative Parcel Map No. 27336 for Reversion to Acreage of eleven (11) parcels on approximately 11.15 acres located northerly of Winchester Road between Carte Empleado and Diaz Road and known as Assessor's Parcel No. 909-310024 through 028 and 41 through 46 subject to the following conditions: 1. Reference Attachment No. 2. SECTION IV. PASSED, APPROVEI) AND ADOPTED this 20th day of April, 1992. JOHN E. HOAGLAND CHAIRMAN ATTACHMENT NO. 2 CONDITIONS OF APPROVAL S~ST,~rX~6.TPM 11 CONDITIONS OF APPROVAL Tentative Parcel Map NO. 27336 Project Description: Reversion to Acreage of eleven (11) parcels Assessor's Parcel No.: 909-310-024 through 28 and 41 through 46 The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of OrdinanC~ 460, Article XVI, UnleSS modified by the conditions listed below. A time extension may be approved in accordance with the State Ma~ Act and City OrdlnanC, O, lipOH writtell l~quost, if mado 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 3. Any delinquent property taxes shall be paid prior to recordation of the fmal map. The applicant Shall COmply with the environmental health recommendations outlined in the County Health Department's transmittal dated March 25, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Rancho Water District Ixansmittal dated March 12, 1992, a copy of which is attached. 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 Plnnning ~r. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be propaxed in conjunction with the finnl map to delineate identified environmental concerns and shall be pennanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for r~view 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. 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 shah be pre-wired in the residence. S~ST~UUU'mU'rSS6..M 12 15. 16. Prior to final map, the subdivider shall notify the Ci~'s CATV Franchises of the Intent to Develop. Conduit slall be installed to CATV Standards at ~me of street improvements. A flood mitigation charge shall be paid. The Charge shall equal the prewliling ~ D!mlns~ Plan fee rate multiplied by the area of new development. The cha~ge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage pinn fee or mitigation charge has already credited to this propen'y, no new charge needs to be paid. s~nyTxrr33~.~u 14 9. All utilities, except electrical lines rated 33kv or greater, shah be installed underground. DEPARTMENT OF PUBLIC WO]HCg The following are th~ Depa~talent of Public Works Conditions of Approval for this Paxcel Map, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions Shall be referred to th~ appropIiaI~ staff pea'son of the Del}amncnt of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvements constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 10. Purs, mnt to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the req~ents of said section. 11. As deemed necessary by the Depafiment of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water Di~ixlct; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Detcmrtmgnt; Department of Public Works; Riverside County Health Depamnent; CATV Franchise; Parks and Recreation Det~nment; G~neral T~le~hon~; Southern Califomia Edison Company; and Southern California Gas Company. 12. l~ements for sidewalks for public uses shall be dedicated to the City where sidewalkn meander through private property. 13. The boundary and easements as shown on this map shall be consistent and shall be coordinated with adjoining developments, and be consistent with the conditions of approval for Plot Plan 239. 14. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the fmal map. A note shah be added to the final map stating "Drainage easements shah be kept free of buildings and obstructions." 13 ATTACHMENT NO. INITIAL STUDY 5\5TAFFRFI~7335.TPM 15 II Background 1. 2. ATTACHMENT NO. 3 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Name of Proponent: Rancho California Water District Address and Phone Number of Proponent: 28061 Diaz Road, Temecula. CA (714) 676-4101 Date of Environmental Assessment: August 26, 1991 Agency Requiring Assessment: CiTY OF TEMECULA Name of Proposal, if applicable: Plot Plan No. 239 (PP 239)-Rancho California Water District Headouarters Complex Location of Proposal: Between Avenida De Ventas and Winchester Road, approximately 3/4 mile west of Diaz Road Environmental ImPacts (Explanations of all answers are provided on attached sheets.) Yes 1. Earth. Will the proposal result in: Maybe NO 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 S\$TAZ=FRPT~239'PP 27 Plant a. Ce Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation,, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? ..YES Maybe No X X X X X X X X X X S\$TAFFRPT~239.PP 29 Any substantial increase in wind or · water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Yes Maybe NO X X X X X X X X X S\STAFFRPT~23~ .PP 2 8 10. 11. 12. 13. Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes Maybe No X X X X X X X X X S~STAFFRPT~239.PP 31 Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals '(birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Y;gs Meybe NO X X X X X X X S\STAFFRP'T%239.PP 30 17. 18. 19. Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding - 'mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yq$ Maybe NO X X X __ __ X X X X 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? b. Police protection? c. Schools? Parks or other recreational facilities? Maintenance of public facilities, inc. luding roads? f. Other governmental services: 15. Energy. Will the proposal result in: 16. Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? ~/es Maybe NO X X X X X X X X X X __ X __ X S\STAFFRPT%239 ."P 3 2 III Discussion of the Environmental Evaluation Earth 1.a. 1.b. 1.C, 1.d. 1.e. 1.f. 1.g. Air 2.a,b,c. No. Construction is not proposed at depths sufficient to adversely affect geologic substructures of the site. Similarly significant grading/fill activities are not proposed - no significant impacts. Yes. Compaction and overcovering of soil is necessary to implement the proposal. The relatively nominal scale of this project does not indicate likelihood of significant impacts on regional topography or soil characteristics. No. Reference Items 1 .a and 1 .b. The subject site is essentially level at present. Further, fill activities of significance are not proposed. No. No unique geologic or topographic features currently exist on the subject site. N0. Nominal alterations in regional surface erosion patterns can be expected if this project is eventually realized. Proposed additional on-site structures and paving will likely reduce erosion at the project site; resulting in additional off-site drainage discharge volumes. Impacts on regional drainage characteristics are insignificant as mitigated by project specific drainage conveyances. (Reference City of Temecula Engineering Department Conditions of Approval.) No. Construction is not proposed that would logically affect distant beach sands. Neither should the project produce deposition/erosion potentially modifying stream channels or lake beds. No. The subject sits is. not affected by known earthquake, landslide, mudslide or ground failure hazards. Further, all proposed fill/compaction and subsurface construction shall conform to applicable City and Uniform Building Code standards. No. Addition of localized air pollutants will result from increased vehicle traffic accessing the project site with little or no noticeable regional impacts. Short term increases in localized pollutants and associated noxious odors are likely during construction activities. Impacts are not considered significant regionally. $\STAFFRP"i'%239.PP 3 5 Y~ 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 S\STAFFRPT~23S,PP 34 Animal Life 5.8'C, No. Minor losses of common urban specieS, e.g., small lizards, insects, rodents, and their habitats may result from this project. Numerically and qualitatively, these losses are considered environmentally insignificant. Further, if not previously paid, the applicant is required to submit Stephen's Kangaroo Rat habitat procurement fees in the 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 proposal contributes incrementally to regional displacement of the Kangaroo Rat. Noise 6.a. Maybe. Minor increases in local ambient noise levels will occur. No. subsequent to project implementation and commercial/industrial occupancy of the project site. Area-wide noise impacts will be insignificant. Proposed hours of operation shall conform with normal business hours of operations, generally considered to be between 7:00 A.M. and 8:00 P.M. Short term construction noise levels generated may · result in temporary localized disturbances considered insignificant as adjacent properties are currently vacant. Liaht 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 Mr. 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 in conjunction with this project; no anticipated impacts. Natural Resources 9.a,b. No. The proposal is of limited scale and will not logically deplete substantial amounts of renewable or non-renewable natural resources. S\$TAFFRPT~23S.PI~ 37 Water 3.a. 3.b. 3.c. 3.d,e. 3.f,g. 3.h. 3.i. Plant Life 4,a-d. No. The proposed structure is not located within defined marine or fresh water flows. No. Currently permeable ground will be rendered impervious as a result of this proposal. Consequently, surface runoff and absorption rates on the proje~jt site itself will 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 attached drainage plans and project conditions of approval. No significant impacts on drainage patterns are anticipated. Reference also Item 1 .e. NO. Plans proposed at this time indicate no potential 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 with no impacts of significance. NO. Reduced permeation at the project site may eventually affect underlying groundwater. Impacts of this project individually are considered insignificant. NO, Water consumption rates typical of small commercial/industrial projects is proposed. All water consumption activities are subject to monitoring and allowances specified by the applicable purveyor. Proposed vehicle washing activities shall utilize recycled water per applicable local and state requirements, Landscaping and irrigation shall respect current drought conditions affecting the City as specified in the project Conditions of Approval and exhibited by the proposed project landscape and irrigation plan concepts. NQ, Reference Item No. 3.c. No. The project site is currently barren of all vegetation, new plant species which may be introduced as a result of required site landscaping cannot be considered invasive because of the referenced lack of existing on-site vegetation. Similarly, no impacts are anticipated on agricultural assets. S\$TAFFRP"T'%239 .PP 3 6 13.f. Maybe. Increases in traffic generated by this proposai may consequently increase the possibility of traffic accidents. Impacts are likely to be unnoticeable in view of the proposal's limited scope and proposed infrastructure improvements supporting the project. Public Services 14. a-c. Maybe. New commercial/industrial development may generate at least nominal increased demands for police and fire protection services, utility I~rovisions and, indirectly, schools. Mitigation is realized through project- specific building permit fees, assessment districts, property taxes, and similar funding mechanisms. 14.d. Maybe. Construction is not proposed which will 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 the commercial/industrial development proposed. 14.e. Yes. Construction of new roads and associated increases in road maintenance activities in the immediate vicinity of the proposal will be required due to proportionate increases in traffic generated locally. Mitigation of such impacts are as specified by the City Public Works Department in the project's Conditions of Approval, attached. 14.f. No. Impacts on other governmental services have not been identified at this time. Energy 15.a,b. N0. Reference Item Nos. 9.a. and b. Utilities 16.a-f. N0. Service line extensions and increased demands can be expected for the utilities referenced. The facility itself supports regional water acquisition and distribution activities. No significant impacts are anticipated. Human Health 17.a,b. Nq. The project does not include introduction of potential health hazards of significance to the region; nor are there existing identified health hazards at the project site. Potential hazards associated-with use and storage of toxic materials on the subject site are mitigated per the attached project Conditions of Approval. S~STAFFRPT~239.PP 39 Risk of UPSet lO.a,b. N0. Use and storage of hazardous substances e.g. waste oil/petroleum products proposed has been reviewed and approved in concept by the Riverside County Fire Department and the Riverside County Department of Environmental Health Services. Potential risk of upset involving hazardous substances e.g. fuel, oil, petroleum wastes, is reduced to insignificance through compliance with the attached project Conditions of Approval. Population 11. No. The project does not contain population relocation elements. Housing 12. No. No housing is proposed to be added nor deleted. Transportation/Circulation 13.a,c. No. Commercial/industrial construction of relatively limited scale is proposed, generating similarly limited amounts of destination traffic. Traffic generated will consist primarily of daily Rancho California Water District operations vehicles and commuting employees. Nominal amounts of visitor traffic can also be expected. Regionally, traffic impacts of this individual project are determined to be insignificant. Further, the project is required to contribute monies to area-wide, as well as localized public improvements {e.g., signalization mitigation) proportionate to the proposal's anticipated impacts as determined by the City Public Works Department. 13.b. Yes. In compliance. with City ordinance and project specific requirements,the project provides a total of 537 additional off-street,- improved parking spaces as referenced in the proposal's Conditions of Approval (attached), and as indicated on Staff Report Exhibit D. 13.d. No. The project will attract additional destination traffic, primarily employees and service vehicles, to the subject site upon its implementation. Impacts on regional circulation patterns 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 will logically affect waterborne, rail or air traffic, nor does it propose addition-3r deletion of such facilities. S\STAFFRPT~239.PP 38 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- ticant 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. Aueust 26. 1991 Date For CITY OF TEMECULA S\STAFFF~PT%23S.PP 41 Aesthetics 18. NO. The application has been reviewed for architectural quality and compatibility by the City, and is considered appropriate in the context of existing and proposed development in its vicinity. Recreation 19. 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. N0. Reference Item Nos. 1-20. S',STAFFRPT~239 ,PP 40 ATTACHlV[ENT NO. 4 ~ITS S~$TAFFRPT~'/336.TPM 16 · CITY OF TEMECULA ./ SITE CASE NO.: Tentative Parcel Map No. 1733~ EXtlIRIT: A P.C. DATE: April 20, 1991 VICINITY MAP CITY OF TEMECULA TENTATIVE IN THE CITY CF TEMEI~%,A,COUNT~ OF 1~4fIIII.ITATE ~F CAJ,FOfiNIA PARCEL MAP NO. 27556 WINCHESTER CASE NO.: Tentative Parch Map No. 2733~ EXmnlT: D TENTATIVE PARCEL MAP NO. 27336 P,C. DATE: April 20, 1992 S~TAFFIFT~7336.TPM SWAP - Exhibit B CITY OF TEMECULA SITE Designation: Light Industrial (LI) ZONING - Exhibit C Case No.: Tentative Parcel Map No. 27336 P.C. Date: April 20, 1992 Designation: MnntLfactufiug-Se!Mce Commoxchl S~I'AFF!~TXI7336.TPM ITEM # 8 CITY OF TEMECULA CASE NO.: Tentative Parcel Map No. 27336 EXHIBIT: E P.C. DATE: April 20, 1992 PLOT PLAN NO. 239 S',STAFFRFrX27336.TPM RECOMMRNDATION: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 20, 1992 Case No.: Temporary Sign Ordinance Prepared By: David Hogan ADOPT Resolution No. 92- ordinance entified: recommending adoption of an "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AIvIENDING PORTIONS OF ORDINANCE NO. 348 PERTAINING TO THE REGULATION OF TEMPORARY SIGNS." APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: An Ordinance establishing standards to allow Temporary Signs. LOCATION: Citywide BACKGROUND Beginning in early August, 1991, City Staff conducted enforcement activities against illegal signs in commercial areas of the City. The enforcement campaign resulted in letters of violation being sent to a large number of business owners who had erected banners, sandwich boards, and other illegal temporary signs. Under Section 19.2 of Ordinance 348, these types of signs are not allowed. Because of the large number of businesses affected by the enforcement action, the City Council received a number of complaints from local business owners about the City's decision to enforce the Sign Ordinance. To respond to the concerns raised by the business community, the City Manager invited members of the business community to discuss the issues of temporary signage on September 30, 1991. At that meeting, a number of business repeated the concerns raised before the City Council. As a result of this meeting, the City Manager agreed to establish a Temporary Sign Committee, composed of business people and members of the City's Planning and Building Departments, to develop appropriate standards for temporary signs. The representatives of the business community included realtors, property managers, business owners, a sign manufacturer, and a representative of the Chamber of Commerce. SXSTAFFRP'D, TEMPSIGN.PC Following this discussion, the Committee began to identify which type of temporary signs were appropriate and inappropriate. As a result of this discussion, the Committee arrived at a consensus which provided the foundation for the item discussed at the January 24th Committee meeting. The following Table contains a summary of the Committee consensus from December 5th meeting. TYPES OF TEIVIPORARY SIGNS ALLOWED? WHEN? A-Frames No Banners- Interim (until a permanent sign is av~filable) Yes Opening Y~ Promotional Yes On a limited basis for a limited time Pennants, Company Hags, and Yes Balloons Field Mounted- Onsite Not discussed Of f site No With special events, for a limited time Vehicle Mounted No Window- Painted Yes Paper, cardboard Yes Electric Yes Up to I0 and 25 % of the window area Based upon the Temporary Sign Committee's preliminary consensus, and with the guidance and direction from the Temporary Sign Committee, City Staff developed draft temporary sign standards for the January 24, 1992, meeting. Listed below are the lists of appropriate and inappropriate temporay signs. Appropriate Temporary Signs are: 1. Interim signs: for new businesses until a permanent sign is available; 2. Promotional signs: for special sales events and promotions; 3. Grand opening signs: to announce a business grand opening; and, 4. Special event signs: for temporary, seasonal, or community events. Inappropriate Temporary Signs are: 1. A-Frames and other portable signs; 2. Off-site signs; and, 3. Vehicle mounted signs. 3 DISCUSSION The Temporax~ Sign Committee met three times, on December 5, 1991, lanuary 24, 1992, and April 8, 1992, to formulate appropriate standards for temporary signs. Throughout the process, the Committee worked to arrive at a consensus of what were the most reasonable approaches and standards to regulate temporary signage. The December 5th meeting was instrumental in formulating the direction and approach to temporary signs. The Committee members that were present discussed a wide range of issues and concerns. The Committee's consensus provided the direction for subsequent meetings and the draft ordinance. The following is a summary of the issues, concerns, ideas, and opportunities that represent the consensus of the Committee. 1. The differences between business identification and advertising. 2. That temporary signs can provide unfair competition. 3. That all businesses must be equally treated. 4. That temporary signs obstruct the visibility of other business and signs. 5. That temporaxy signage is not an intended to compensate for a cheap, low visibility location, or for poor marketing or business decisions. 6. That too much signage gives the impression the image of a "low quality" community, and creates visual blight and clutter. 7. That special standards are needed for old town. 8. The permitting process for temporary signs should be an easy, reasonable, and ideally, an over-the-counter approval. 9. That enforcement could be made easier through the use of a stick-on temporary permit with an easy-m-read expiration date. 10. That the City could provide signs for new businesses, such as "GRAND OPENING" or "TH]~ CITY OF TEMECULA WELCOMES " 11. That color or style preferences should only be guidelines. 12. That seasonal displays (eg. Christmas, Thanksgiving, etc.) should not be regulated if they do not contain any advertising, sale or business information. 13. That the standards need to provide specific requirements and to be flexible enough to allow reasonable extensions. CONCLUSION The proposed Temporary Sign Ordinance that is attached to this Staff Report represents the consensus of the members of the Temporary Sign Committee who artended the meetings. Because the proposed Ordinance represents a consensus, not all the Committee members were in complete agreement with every provision. However, when taken as a whole, the members of the members of the Committee, except as noted above, were satisfied with the provisions and requirements contained in the draft Ordinance. The process of developing has been time consuming and lengthy. It would have been faster for the City Manager to request that staff prepare the Ordinance without outside input. Instead a committee composed of business people and City Staff was created to work together to develop these standards. This collaboration between representatives of the public and private sectors has resulted in regulations that are both reasonable and implementable. The proposed amendment to the Sign Ordinance will provide uniform standards to regulate temporary signs within the City. These uniform standards will: Enhance the image of Temecula as a high-quality community; Prevent visual blight and clutter and promote tourism; and, Enhance the property values in commercial and service districts. The proposed Temporary Sign Ordinance will provide the City with the standards to allow appropriate types of temporary signs, allow for a simplified and streamlined permitting, and establish for a minimal fee for Temporary Signs Permits. The Ordinance as proposed, includes the requirement that promotional, grand opening, and interim temporary sign be attached to the building. The proposed Ordinance will not apply to For Sale, Lease or For Rent Signs allowed pursuant to by Section 19.5. The Temporary Sign Ordinance amends the City's current Sign Ordinance and would serve as interim regulations until the City's Zoning Development Code is prepared and adopted, at which time this Ordinance could be incorporated and/or modified into the final Zoning Development Code. ENVIRONMENTAL DETERMINATION This Ordinance will allow for the use of temporary signs for limited periods in existing commercial areas. The proposed Ordinance does not have the potential to cause a significant affect on the environment. Therefore, Staff has determined that the project is exempt from CEQA under Section 15061 (b) (3). FINDINGS That the proposed Temporary Sign Ordinance will enhance the image of Temecula as a high quality community. At the January 24th meeting, the Committee reviewed and discussed the draft standards and arrived at a consensus that represented general agreement among the Committee members present. It was stated at both the lanuary 24th and April 8th meetings, that the regulation of legal For Sale, Lease or For Rent (real estate) Signs were regulated by Section 19.5 of Ordinance 348, and therefore are not intended to be part of this Ordinance. The Committee's consensus included increasing the number of allowable promotional and grand opening signs for businesses with frontage on two or more arterial streets up to 2 signs, simplifying the S'LT.e requirements for promotional and grand opening signs, and a number of other minor corrections and adjustments. At the end of the meeting of January 24, 1992, the Committee requested that City Staff revise the matrix based upon the consensus of the Committee, draft written descriptions of the Committee' s consensus, and fmalize the definitions for Temporary Signs. With this direction, City Staff revised the matrix and prepared written definitions and standards for the Temporary Sign Committee. The Temporary Sign Committee met on April 8th and discussed the written descriptions and definitions prepared by City Staff. The written descriptions and definitions are shown in Attachment 3. At the meeting, the Committee arrived at a consensus that the revised standards and definitions were acceptable and represented reasonable temporary sign regulations. The one area of disagreement concerned the requirement that promotional, grand opening, and interim signs must be attached to the building where the business activity or use occurs. The requirement for temporary signs to be attached, resulted in a "split consensus" within the Committee. The Committee members in favor of the requirement felt that prohibiting detached temporary signs would limit the opportunities for blocking the view of other businesses and their signs, reduce the visual clutter, simplify the permitting process, and make temporary (as well as permanent signage) more effective. The Committee members which were opposed to the requirement stated that they felt that detached temporary signs would be more effective and could be located closer to the street. It is Staffs opinion that detached temporary signs could increase visual clutter along the streetscapes in commercial areas of the City. In addition requiring signs to be attached to the buildings should simplify and streamline the permit approval process by enabling staff to conduct mostly over-the-counter approvals and by allowing most business owners to receive permits with only a single visit to City Hall. In contrast, the permitting process .for the detached temporary signs would require precise plotting of temporary sign locations, create additional work for applicants, and result in need for additional inspections and permit processing. A minimal foelow cost) fee is proposed for temporary sign permits to improve the ease of obtaining a temporary sign permit. The concept for proposing a minimal fee for Temporary Sign Permits is based upon the assumption that Promotional, Grand Opening, and Interim Signs will always be attached to the building. ATTACIIMi~,NT NO. 1 P,F_~OLUTION S\STAFFRFI1T~--M!mSlGi~,IK~ 7 2. That the Temporary Sign Ordinance, as proposed, will not result in visual blight and clutter. That the proposed Temporary Sign Ordinance will enhance and maintain property values in commercial areas of the City. There is reasonable probability that the proposed Temporary Sign Ordinance will be consistent with the Ci~y's future General Plan, which will be completed in a reasonable time and in accordance with the goals and/or policies of the City' s future General Plan. There is not a likely probability of substantial detriment to, or interference with the future General Plan, if the proposed policies are ultimately inconsistent with the plan, due to the fact that policies will be adopted for the new General Plan. Therefore, it is likely that the City will consider these policies during their preparation of the General Plan. FUTURE GENERAL PLAN CONSISTENCY Staff finds it probable that the proposed Temporary Sign Ordinance will be consistent with the General Plan when it is adopted since the Community Design Element will address community design and aesthetic issues, including axchitecture, landscaping and signage. STAFF RECOMMINDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. P.C. 92- adoption of an ordinance entitled: recommending "AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF ~ A1VI~NDING PORTIONS OF ORDINANCE NO. 348 PERTAINING TO THE REGULATION OF TEMI'ORARY SIGNS." vgw Attachments: Resolution - blue page 7 Ordinance - blue page 10 Ordinance No. 348, Article XIX (Advertising Regulations) - blue page - 18 ATTACHNIF~NT NO. 1 RE~OLUTION NO. P.C. 92- AN ORDINANCE OF ~ CITY COUNCIL OF Twit. CITY OF TEMECULA A1Vrlr~NDING PORTIONS OF ORDINANCE NO. 348 PERTAINING TO ~ REGULATION OF TEMPORARY SIGNS. W'HIr. REAS, City Ordinance No. 90-04 adopted by reference certain portions of the non- codi~ed Riverside County Ordinances, including Ordinance No. 348 ("Land Use Code"); and WIW~REAS, such regulations do not contain adequate provisions for the use of temporary signs; and WF~REAS, the City of Temecula desires to reguhte the use of temporary signs and to pwtect the health, quality of life, and the environment of the residents of Temecula; and WI~F~REAS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; WI~.REAS, public hearing was conducted on April 20, 1992, at which time interested persons had an opportunity to testify either in support or opposition; and NOW, TFIF~REFORE, ~ PLANNING CO1VIMISSION OF TI{E CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the Planning Commission of the City of Temecula hereby fmds that the proposed Temporary Sign Ordinance will provide for the establishment of regulations for temporary signs in a fair and equitable manner. Section 2. That the Planning Commission of the City of Temecula further finds that the proposed TemporaW Sign Ordinance wffi probably be consistent with the General Plan when it is adopted. Section 3. That the Planning Commission of the City of Temecula hereby finds that this Ordinance does not have the potential to cause a significant affect on the environment. Therefore, Staff has determined that the pwject is exempt from California Environmental Quality Act, as mended, pursuant to Section 15061 (b) (3). ATTACHlV~-NT NO. 2 ORDINANCE NO. 92-__ S\STAFFP, Fr\TEMPSIGN.PC 10 Section 4. That the Planning Commission of the City of Temecula hereby recommends to the City Council that the Council adopts the proposed Temporary Sign Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Attachment "2" for identification. PASSED APPROVED AND ADOPTIn~ this 20th day of April, 1992. JOHN 1~. HOAGLAND CHAIRMAN I It~REBY CERTI~ that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 20th day of April, 1992 by the following vote of the Commission: COMMISSIONERS: NOES: COMMISSIONERS: COMMISSIONERS: AFrACH~VIENT NO. 2 ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF 'ORDINANCE NO. 348 PERTAINING TO THE REGULATION OF TEMPORARY SIGNS The City Council of the City of Temecula does hereby ordain as follows: Section 1. Findings. The City Council for the City of Temecula hereby makes the following riDclings: A. The City Council is authorized by Section 65850Co) of State planning and Zoning Law, to adopt ordinances regulating signs and billboards. B. That them is a need to improve the competitivehess of service and commercial businesses and maintain the aesthetic quality commercial axeas in the City. C. That the regulation of temporary signs is an effective method to improve the compotitiveness of these businesses in the City. D. The Planning Commission f'mds that the City is proceeding in a timely fashion with the preparation of the general plan and that: 1. Them is a reasonable probability that the action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. 2. Them is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed action is ultimately inconsistent with the plan, 3. The proposed action complies with all the applicable requirements of State law and local ordinances. 4. The City Council finds that the City is proceeding in a timely fashion with the preparation of the general plan and that: a. Them is a reasonable probability that the action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. SXSTAFFRPT~TF. MPSI(JN.PC 11 aa. "Vehicle Mounted Sign" means any temporary sign attached or mounted on any vehicle or trailer, whether or not the tires and wheels axe still attached." Section 3. as follows: Section 19.9 is added to Article XIX of Ordinance No. 348 and shall read "Section 19.9. TEMPORARY SIGNS. No person shall erect or place an temporary sign that is in violation of the provisions of this ordinance. For the purpose of the Ordinance, temporary signs do not include For Sale, Lease or For Rent Signs, which are regulated by Section 19.5, and seasonal window displays than contain traditional holiday characters and messages, axe intended to create or enhance holiday character of an area, and do not reference or display the service available or rendered, or goods produced, sold or available for sale. A. Permit Required. A Temporary Sign Permit shall be required prior to the placing or erecting of any Promotional, Special Event, Grand Opening, or Interim Sign. All temporary signs shall comply with the provisions of this Ordinance and all other applicable laws and ordinances. An application for a permit shall be made on the forms and in the manner specified by the Planning Director and shall be accompanied by the required fees or removal bonds. After receipt of a complete application for a temporary sign permit, the Planning Director, or his designee shall render a decision to approve, approve with modifications, or deny any request for a Temporary Sign Permit within 10 working days. B. Prohibitions. All Temporary Signs not expressly permitted by this Ordinance are prohibited. The list of prohibited Temporary Signs includes, but is not limited to, the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Portable signs. Vehicle mounted signs. Pennants and streamers. Promotional signs, except as permitted by this Section. Interim signs, except as permitted by this Section. Special event signs, except as permitted by this Section. Grand opening signs, except as permitted by this Section. Flashing or rotating signs. Off-site temporary signs. Temporary roof signs. Temporary signs on public property. C. Promotional Signs. Promotional Signs are permitted in the C-I, C-P, C-P-S, C-T, and M-SC zones and shall comply with the foliowing requirements: 1. For each use or business activity; one (1) promotional sign may be allowed. For a use or business activity with frontage on two or more arterial streets, up to two (2) promotional signs may be allowed. 2. The maximum height of the top of any promotional sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. sxs~AFn~nrs~sxos.~c 13 b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed action is ultimately inconsistent with the plan. c. The proposed action complies with all the applicable requirements of State law and local ordinanCeS. Section 2. read as follows: Section 19.2 of Article XIX of Ordinance No. 348 is hereby mended to "t. "Temporary Sign" means a sign which is made of cloth, bunting, plastic, vinyl, painted windows, or other similar materials, is located on the site of the business use or activity, and is erected or placed for a sho~ period of time to promote, advertise, announce, or provides the following information: (1) Designates, identifies, orhidicatesthenameofthebusiness, owner, or occupant of the premises where the sign is located; or, (2) Advertises the business conducted, the serviCes available or rendered, or goods produced, sold, or available for sale upon the premises where the sign is located. u. "Promotional Sign" means a temporary sign intended to attract attention to a use or activity for a limited number of events as identified in this ordinance. Promotional signs must be attached to the building where the use or activity is located. v. "Interim Sign" means a temporary sign intended to provide interim signage while the permanent signage is being fabricated, x~paired, or prepared for installation. An interim sign may contain only the business name and logo. Interim signs must be located in close proximity to the business use or activity and must be attached to the building where the use or activity is located. w. "Special Event Sign" means a temporary sign for special community activities or seasonal ovenIs, including but not limited to: charitable and community fund raising events, Christmas tree sales, the tractor races, or the wine and balloon festival. Special event signs must be located in close proximity to the event. x. "Grand Opening Sign" means a temporary sign, bearing the words "Grand Opening", or some similar message to announce the opening of a new business. Grand opening signs must be attached to the building or structure where the use or activity is located. y. "Temporary S~gn Event" means any number of consecutive days of display of a promotional sign, not to exceed fifteen (15) days. z. "Portable Sign" means a sign not designed to be attached to a building or permanent structure. Examples of portable signs include, but are not limited to: A- Frames, also known as sandwich boards, and T-Frames, also known as spring-loaded signs. S\STAFFRPT~TEMI~IGN.PC 12 E. Grand Opening Signs. Grand Opening Signs are permitted in the C-l, C-P, C-P-S, C-T, and M-SC zones and shall comply with the following requirements: 1. For each use or business activity; one (1) grand opening sign may be allowed. For a use or business activity with frontage on two or more arterial streets, up to two (2) grand opening signs may be allowed. 2. The maximum height of the top of any grand opening sign shall not exceed the top of the eave line or parapet wall of the building where the use or activity is located. 3. The dimensions of any grand opening sign shall not exceed the following requirements: (30) square feet. a. The surface area for a grand opening sign shah not exceed thirty b. The height (vertical dimension) shall not exceed three (3) feet. c. The width (horizontal dimension) shall not exceed fifty percent (50%) of the business or store frontage, whichever is smaller. 4. Grand opening signs may be permitted for any period up to thirty-five (35) days, during the fast 90 days of business operation. F. Interim Signs. Interim signs are intended to provide sho~-term emergency signage for permanent businesses and shall comply with the following requirements: 1. Interim signs shall meet the following requirements: a. Should be located in the same general location as the permanent signage. b. Shall not be used concurrently with the permanent signage. c. Shall not be used concurrently with promotional signs. 2. The maximum number of interim signs for any business use or activity shall not exceed the number of permanent signs allowed by Section 19.4 of this Ordinance. 3. The maximum height of the top of any interim sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. 4. The dimensions of any interim sign shall not exceed the following requirements: a. The surface area for a sign shall not exceed thirty (30) square feet. S\3TAFFRPTXTE.MPSIGN.PC 15 requirements: 3. The dimensions of any promotional sign shall not exceed any the following The surface area shall not exceed fifty (50) square feet. The height (vertical dimension) shall not exceed three (3) feet. The width (horizontal dimension) Shall not exceed sixty percent (60%) of the business or store frontage, whichever is smaller. 4. The maximum duration for a promotional sign, for any business use or activity, shall not exceed any of the following standards: a. Four (4) Temporary Sign Events per calendar year; b. Thirty (30) consecutive days; or, c. Sixty (60) days per calendar year. Special Event Signs. Special Event Signs shall comply with the following requirements: 1. For each use or business activity; one (1) special event sign may be allowed. For a use or business activity with frontage on two or more arterial streets, up to two (2) special event signs may be allowed. Except that for special community activities, such as the Tractor Races or the Wine and Balloon Festival, the Director may allow up to four (4) special event signs ff appropriate. eight (8) feet. requirements: consecutive days. 2. The maximum height to the top of any special event sign shall not exceed 3. The dimensions of any special evem sign shall not exceed the following a. The surface area of any sign shall not exceed thirty (30) squaxe feet. b. The height (vertical dimension) shall not exceed three (3) feet. c. The width (horizontal dimension) shall not exceed twenty (20) feet. Special event signs may be permitted for any poried up to forty-five (45) 5. The Planning Director may attach any approval conditions deemed necessary to ensure the compatibility with the surrounding area and to protect the public health, safety or weftare. s~s~Amumr~vu,s~6..~ 14 PASSED, APPROVED, AND ADOPTED, this day __. day of , 1992. PATRICIA H. BIRDSALL MAYOR ATTEST: lunc S. Greek, City Clerk [SEAL] sxsTAmu, nm,~sxas .Pc 17 b. The height (vertical dimension) shall not exceed three (3) feet. c. The width (horizontal dimension) shall not exceed fifty pement (50%) of the business or store frontage, whichever is smaller. 5. Interim signs may be allowed for any period up to forty-five (45) days. With good cause, the Director of Planning may allow one time extension, for any period up to thirty (30) days." Section 4. follows: Paragraph A of Section 2 of Ordinance 671.4 is hereby mended to read as "(37) Temporary Sign Permit a. General Fund i. PlanningDepartment 46119" Section 5. 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 6. CEOA Compliance The City Council finds that the regulation of temporary signs in existing commercial, industrial, and retail zones has no possibility of having a significant impact on the environment. As a result, the adoption of these regulations is exempt from environmental review pursuant to the provisions of Section 15061Co)(3) of the State CEQA Guidelines prepared pursuant to Section 21083 of the California Environmental Quality Act, as amended. Section 7. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. s~rA~r~,~s~o..~c 16 ATTACHMENT NO. 3 ORDINANCE NO. 348, ARTICLE XIX (ADVERTISING REGULATIONS) SECTION 19.1. PURPOSE AND INTENT. Because Riverside County is a large, diverse and rapidly expan¢ing jurisdiction the Board of SuperviSors fin~s t~at proper~control is necessary t~ provide for the preservation an~ protection of open space and scenic a~eas, the many natural and man--ma~e reso~r:eS, and established rural C~n~nities within RiverSide County. It is the intent of this ordinance to provide standards to safeguard life, health, property ant public welfare, to provide the means for adequate identification of bjsinesses an~ other sign uSerS by prohibiting, regulating and controlling the c~sign, loc~tion and maintenance Of Signs, and to provide for the rm~oval anC limitation of use of signs wl thin the unincorporated area of Riverside County. All outdoor advertising ~isplays and On-site advertising Structures ant Signs in the unincorporated area of the County of Riverside shall conform to t~e applicable provisiOnS Of this article, If any specific zoning Classification within this ordinance shall impose more Stringent requirements than are set forth within this article, the more stringent prOviSionS Shall prevail. A~ended Effective: 07-I6-85 (Ord. 34B.2496} SESTION lg.2. DEFINiTiONS. For purposes of this Ordinance, the foltowln.: words Or phrases shall have the following definitions. "Outdoor Adve-tising Display" means outdoor a~vertising structures an~ out~c~r advertising sig~s used for outdoor advertising purposes, not i nCld di ng on-site advertisi ng signs as hereinafter defined. An outdoor advertising display may be c~only known or referre~ to as an "off-site" or an off-pr~nises" billbOard. "Outdoor Advertising Structure" means a structure of any kind Or character erected or maintained for outdoor advertising purposes, upcn which any pOSter, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for outdoor a~vertising purposes. Such structure shall be constructed or ereere~. upon a permanent foundation or shall be attaci~ed to a structure having a permanent foundation. 'Outdoor Advertising Sign' means any card, cloth, paper, metal, pal nted, plastic or wooden si gn of any character placed for outdoDr advertising purposes, On Or tO the ground Or any tree, wall, bush, rock, fence, building, structur~ or thing, either privately or publicly owne~, other than an advertising structure. The words 'Outdoor Advertising Structure" and 'Outdoor Advertising Sign" as define~ in subsections (b} and (c) do not include: I. Official notices issued by any Court or public body or officer; 2. NOticeS posted by any public officer in perfon~ance of a puDlic duty or by any person in giving legal notice; 3. Directional, warning or information structures required by or authorized by law or by Federal, State or County authority; including signs necessary for the operation and safety of public utility uses. 4. A structure erected near a city or county boundary, which contains the neme of such city Or county and the na~es of, or any other information regarding, CiviC, fraternal Or religious organizations located therein. "On-~i te Advertising Structure and Signs" means any structure, housing, sign device, figure, statuary, painting, display, message ~ placard, or other contrivance, or any part thereof, which is Oesigne~,- COnStructed, created, engineered, intended, or used to advertise, or tO provide data or information in the nature of advertising, for any of the ~ollowing purposes: {1) To c)esignate, identify, or indicate the n~e of the business of the Owner Or occupant of the praises upon which the Structure or Sign is located. {2) To advertise the business conducted, services availa)le or rendered, or the goods produced, sold, or available for sale, upon the premises where the structure or sign is locate~. "Freeway" means a divided arterial highway for through traffic with full control of access and with grade separations at intersections. "Highway" means roads, streets, boulevards, lanes, courts, places, comm..ons, trails, ways or other rightS-of-way or eas~ents use~ f~r or laid out and intended for the public passage of vehicles or of vehicles and persons. "Edge of a Right-of-way" means a measurement from the edge of a right-of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway. 'Haximum Height" means the highest point of the structure or sign ' measured from the average natural ground level at the base of t~e supporting structure· "Free Standing Sign" means any sign which iS supported by one or more columns or uprights tmbedded in the ground, and which is not attached to any builtSing or structure. 'Surface Area" means that area of outdoor advertising signs and on-site advertising signs as measured by the smallest geometric fo~ such as a square, rectangle, tri angle, or ci role, or Combination thereof, which will encompass the face of the sign on which the message is ~ splayed· 243 (5) An outdoor advertising Structure or outdoor advertising sign which is a danger to the public or is unsafe as may be OetermineC by the Director of the Building and Safety Department. (6) An outdoor advertising structure or outdoor advertising sign which is a traffic hazard as may be determined by the Director of the Building and Safety Department provided said traffic hazard was not created by the relocation of streets or highways or by acts of the County. "Illegal On-Site Advertising Structure or Sign" means any of the foll Owl ng. (1) An on-site advertising Structure Or Sign erected without first complying with all applicable County ordinances and regulations in effect at the time of its construction, erection Or use. (2} An on-Site advertising Structure or sign that was legally erected, but whose uses has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used to identify or advertise an ongoing business for a period of not less than ninety {gO} days. {3} An on-site advertising Structure or sign that was legally erected which later bec~me nonconforming as a result of the aOoption of an ordinance; the a~ortization period for the display providec~ by the ordinance rendering the display nonconforming has expire~; and conformante has not been accomplished. {4} An on-site advertising structure or sign which is a danger to the public or is unsafe as may be determined by the Director of the Bull di ng and Safety Department. {5} An on-site advertising structure or sign which is a traffic hazard as may be determined by the Director of tt~e BuilOin~ an~ Safety Department provided said traffic )~azard was not createo ~y the relocation of streets or highways Or by acts of the County. "Abancioned" means either: Any outdoor advertising display that is allowed to continue for more than one {1) year without a poster, bill, printing, painting, or other form of advertis~ent or message; or Any outdoor advertising d~splay that does not appear on the inventory required by Section 19.3.a.(15); or Any on-Site advertising structure or sign that is allowed to continue for more than ninety (90} days without a poster, bill, printing, painting, or other form of advertising or message for the purposes set forth in Section 19.2.e hereof. mended Effective: 07-16-B5 (Ord. 348.2496) 06-20-89 (Ord. 348.2989) SECTION 19.3. OUTDOOR ADVERTISING DISPLAYS. No person shall erect or maintain an outdoor advertising display in the unincorporated area of the County of Riverside, except in accordance with the following provisions. 245 "For Sale, Lease or Rent Sign" means a sign advertising that the property or structure upon which the sign is located is for sale, lease, or rent. "Shopping Center" means a parcel of land not less than 3 acres in size, on which there exists 4 or more separate business uses that have mutual parking facilities. "Directional Sign" means a sign used to ·rect and control or pedestri an traffic that is located upon the s~ne parcel the use that it is intended to serve· vehicular of land as O. 'Signi ticant Resources" means any county, state or federal site which has Significant or potentially significant social, cultural, historical, archaeological, recreational Or scenic resources, or which plays or potentially could play a significant role in promoting tourism. For the purposes of this article, the tom significant resources shall include, but not be limited to, the following: 1. Riverside National Csnetery. A strip, 660 feet in width, measured from the edge of the right-of-way line on both sides of 1-215 fr~: the intersection of Van Buren Boulevard southerly to Nance Road, and on both sides of Van Burart Boulevard fr~ the intersection of 1-215 westerly to Wood Road. 2. Scenic Highways· 3. A corridor 500 feet in width adjacent to both sides of all highways within three-tenths (3/10) of a mile of any Regional, State or Federal park or recreation area. "Scenic Highway" means any officially designated state or county scenic highway as defined in Streets and Highway Co~e Sections 154 an~ 251 et $eq. q. "Illegal Outdoor Advertising Display" means any of the following: An outdoor advertising structure or outdoor advertisin; sign erected without first cornplying with all applicable county ordinances and regulations in effect at the time of its construction, erection or use. (2} An outdoor advertising structure or outdoor advertising sign that was legally erected but whose use has ceased, or the structure upon which the advertising ~splay is placed has been abandoned by its owner, and not maintained or used for a period of not less than one (I) year. (3} An outdoor advertising structure or outdoor advertising sign that was 1 egally erected which 1 ater became nonconfomi ng as a result of the adoption of an ordinance; the amortization perio~ for the display provided by the ordinance rendering the display nonconfoming has expire~; and conformante has not been accomplished. (4) An outdoor advertising structure or outdoor advertising sign which does not comply with the Notice of Decision or the approved plot plan· 244 displa~ have a separation between display faces of not :nora than twenty-five {25) feet. 9. Lighting and Ill~lnatlon of Displays. An outdoor advertSsinS display may be illsSnared, unless otherwise specified, provided that the displays are so constructed that no light bulb, t~be, filbertS, or similar source of ill~ination is visible beyond the display face. Display making use of lights to convey the effect of moves~ent Or flashing, intermittent, or variable intensity snail not be permitted, Display shall use the most advanced methods to insure the most energy efficient methods of display illumination, Within the Polomar Observatory Special Lighting Area, all displays shall c~ply with the requireants Of RIverSide County Ordinance No. 655. I0. Display Movment. No outdoor advertising displays shall move or rotate, to display any moving and/or rotating parts. I4o propellers, flags, or Other noise creating ~evices, and no architectural ~nbelltsh~ents which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent or moving light or lights iS prohibited, provided, however, that electronic message boards displaying only time and/or temperature for periods of not less than thirty seconds Is permitted. 11. Display Face Size, No outdoor advertising display shall have a total surface area of more than three hundred {)DO} square fe-.t. 12. Outdoor Advertising Display Permit Required. No person Shall erect, alter, repair, or relocate any outdoor advertising display without first obtaining an outdoor advertSsin display petit pursuant to Riverside County Ordinance NO. 451. No out:Dot advertising display pemit shall be issued unless and until the Building Director determines that the proposed activity is in accordance with this Article and Riverside is in accordance wit~ this Article and Riverside County Ordinance No. 457, and that the applicant has obtained a valid 5tare Outdoor Advertising permit. IdentificatiOn. NO person shall place, erect, or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erect, or maintaining anywhere within the unincorporated area of RiverSide County unless there is securely fastened thereto and On the front display face thereof, the n&.~e of the Outdoor advertising display owner in Such a manner that the nane is visible fro~ the highway, Any display placed, eretree, or maintained without this identification Shall be 6ee~ed to be placed, erected, and maintained in violation of this Section. 14. Hobale Displays, No person shall place maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground, as ~efined in Section 19.2.b. of this ordinance, to be used as an outdoor advertising Display. 15. Display Inventory. In order to evaluat, and assess outdoor advertising displays within the untncorporated area of Riverside COunty, within one hundred eighty (iBO) days of the effective Date 247 The changing of an advertising message or cust~nary maintenance of a legal ly existing outdoor adverts sing di splay shal 1 not requi re a pe~i t pursuant tO this section. Standards. 1. Zoning. Outdoor advertising display are permitted only in the C-l/C-P, N-SC, M-M and M-H zones and providing only that the display meets all of the other requirments of the zoning classification and this article. Outdoor advertising displays are expressly prohibited in all other zones. 2. Spacing. NO outdoor advertising display shall be located within five hundred (500) feet in any direction fr~ any other outdoor advertising display on the sme side of the highway; provided, however, that if in a particular zone a different interval shall be stated, the spacing interval of the particular. zone Shall prevail. No outdoor advertising display shall be erected within the boundary of any significant resource as defined in Section 19.2.0. Of this ordinance. No outdoor advertising display shall be located within one hundred fifty (150} feet of property for which the zoning does not allow advertising displays provided; however, that an outdoor advertising display may be placed ,~thin one hundred {150} feet of property for which zoning does not allow displays, if at the time an application for an Outdoor advertising display permit ts applied for, there is no existing residential structure Or an approved building permit for a residential structure within one hundred fifty (150) feet of the location of the proposed outdoor advertising display. 3. Height. The maximum height of an outdoor advertising display shall not exceed a height of twenty-five (25} feet fr~ the roadbed of the adjacent freeway or highway to which the display is oriented, or a maxim~ height of twenty-five (25} feet fr~n the grade on which it iS constructed, whichever is greater. 4. Poles. A maximum of two (2) steel poles are allowed for support of an outdoor advertising display. 5. Roof Mounts. No outdoor advertising display shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. 6. Number of Displa s. NO more than one (1) proposed outdoor adverts sing di spYay on per appliceti shall be permitted. 7. Setbacks. No outdoor advertising display shall be erected within an established setback or building line, or within road right-of-way lines or future road right-of-way lines as shown on any 5pacific Plan of Highways. A mtntmm setback fr~n the property line of one (1) foot shall be required. 8. Number of Display Faces. No more than two {2) display faces per outdoor advertising display shall be permitted. BaCk-tO-back and V-type displays shall be allowed provided that they are on the S~ne outdoor advertising structure and provided that the V-type 245 (b) within a five hundred (500) foot radius of the exterior boundaries of the parcel upon which the proposed outdoor advertising display is to be located. Notice of the propose: outdoor advertising display shall also be given by publication in a newspaper of general circulation within Riverside County. The Notice shall include the statement that no public hearing will be held unless a hearing is requested, in writing, and delivered to the Planning Director at least two (2) days before the date scheduled for the decision is to be made. No public hearing on the application for an outdoor advertising display shall be held before a decision iS made by the Planning Director, unless a hearing iS requested, in writing, by the applicant or other interested person, Or if the Planning Director determines that a public hearing should be required. If no public hearing is requested or required, the Planning Director shall give the Notice of Decision to the applicant and any other person who has made a written request for a copy of the Notice of Decision. The decision of the Planning Director shall be considered final unless within ten {10) days of the date of mailing of the Notice Of Decision to the applicant, an appeal therefrom iS filed. If a public hearing is required under the provision of this subsection, notice of the time, date, and place of the hearing before the Planning Director and a general description of the location of the real property which is the subject of the hearing, shall be given at least ten (10) days prior to the hearing as follows: {1} Mailing or delivering to all owners of real property which is located within a 500-foot radius of the exterior boundaries of the parcel upon which the proposed outdoor advertising display is to be locate~ as, such owners are shown on the last equalized assessment roll and any updates. {2) The Planning Director may require that additional notice be gi yen in any other matter the Di rector ~e~s necessary or desirable. If a public hearing is required, the Planning Director shall hear relevant testimony frm interested persons and make a decision within a reasonable time after the close of the public hearing. A Notice of DeciSion shall be filed by the Planning Director with the Clerk of the Board of Supervisors, not more than fifteen {15) days after the decision. A copy of the Notice of Decision shall be mailed to the applicant and to any person who has made a wrttten request for a copy of the decision. The Clerk of the Board of $upervisors shall pl ace the Notice of DeCision on the next agenda of the Board of Supervisors held five (5) or more days after the Clerk receives the NOtice Of Decision from the Planning Director. 249 of this ordinance and on each fifth {5} anniversary after the effective date of this ordinance, each display company with outdoor advertising displays within the uninCorporated area of Riverside County shall submit to the Department of Buil¢ing anq Safety, a current Inventory of the outdoor advertising ~isplays they currently own and/or maintain within the unincorporated area of Riverside County. Failure to submit a current or accurate inventor-y shall be deerned to be a separate violation of this ordi hence. Processing Procedure. 1. Application. In addition to all other applicable Federal, State, and local laws, rules, regulations and ordinances, no outdoor advertising display shall be placed or erected until a permit therefore has been issued by the Riverside County Planning Director, on the form provided by the Planning Depar~nent accompanied by the filing fee set fort)~ in Ordinance No. 671 and meeting the requirenents of Section 18.30 of this ordinance. Sai~ application shall also consist of ten (10) copies of a Plot Plan drawn to scale, containing the name, address or telephone number Of the applicant, a copy of the current valid State Outdoor Advertising Permit, and a general description of the property upon which the outdoor advertising display is proposed to be placed. In addition, the applicant shall provide sufficient number of address labels as dee.~ed appropriate by the Planning Director for all property owners within a five hundred foot (500') raCius of any proposed outdoor advertising display. The Plot Plan shall show the precise location, type, and size of the prOposeO outCoot advertising displays, all property lines, zoning, and the dimensions, location of and distance to the nearest aCreteasing displays, building, business districts, significant resources as determined by the ordinance, public and private roads, an~ other rightS-Of-way, building setback lines, and specifically planned future road right-of-way lines, and any and all other information required by the Planning Director in such a manner that the proposed display may be readily ascertained, identified, and evaluated. 2. Hearing and Notice of Decision. Upon acceptance of an application for an outdoor advertising display aS complete, the Planning Director shall transmit a copy of the application to the ;I.r ini.;fs .uil ng .nd s.f.,y ,or r. .nd co=.nt. f than thirty (30) days a ter acceptance of the a plication for outdoor advertising display as complete, the P~anni ng Di rector shal 1 h schedule the time and date on w i:n the Planning Director's decision on the application is to be made. Not less than ten (10) days prior to the date on which the decision is to be made, the Planning Director shall give notice of the proposed outdoor advertising display, by mail or delivery, to all owners shown on the last equalized assessment roll, and any updates, as owning real property 248 (30} days following the close of the hearing on the appeal. The decision of the Board of SuperviSors shall be final, Revocation. Any outdoor advertising display permit which has been issued as a result of a material misrepresentation of fact by the applicant or his agent, whether or not a criminal prosecution is initiated therefor, may be summarily revoked by the Planning Director who shall forthwith give written Notice of Revocation to the applicant. Within thirty {)0} days after notice-is given, any outdoor advertising display authorized by said outdoor advertising display permit shall be r~nove~ at the applicant's expense. Failure to r~ove the display within sai~ thirty {)0} days shall be decried a separate violation of this ordinance. Nothing in this ordinance shall authorize the installation or maintenance of any outdoor advertising display which is in violation of any State or Federal law or regulation. Enforcement. Wherever the officials responsible for the enforcement of administration of the Land Use Ordinance or their designated agents, have cause to suspect a violation of this article, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an outdoor advertising display permit, or whenever necessary tO investigate a possible violation, said agents may lawfully gain access to the appropriate parcel of land upon which said violation is believe~ to exist. The following provisions shall apply to the violations of this article: 1. All violations of this article ccm~itted by any person, whether as agent, ~ployee, officer, principal, or otherwise, shall be a InS sde-neanor. 2. Every person who knowingly provides false information on an outdoor advertising display permit application shall be guilty of a mi sde~eanor. 3. Every person who fails to stop work on an outdoor advertising display, when so ordered by the Director of Building and Safety or the Planning Director, shall be guilty of a misdemeanor. 4 Every person who, having received Notice to Appear in court to answer a related Charge, wi;lfully fails to appear, shall be guilty of a mi sde~eanor. 5 A misdemeanor may be prosecuted by the County in the n~e of t~e People of the State of California, or may be redresseO by civil action. Each violation is punishable by a fine of not more than one thousand dollars {1,OO0.O0), or by imprisorrnent in the County Jail for a term of not more than six {6} months, or by both fine and impri son~ent. 6. Every person found guilty of a violation shall be de~ed guilty of a separate offense for every day during a portion of which the violation is committed, continued, or permitted by such person. 7. Every illegal outdoor advertising display and every abandoned Outdoor advertising display is hereby declared to be a public nuisance and shall be subject to abat~ent by repair, rehabilitation, or rm~oval in accordance with the procedures contained in Section 3 of Riverside County Ordinance No. 45?. 251 Appeals. The decision of the Planning Director shall be considered final unless an appeal therefrom is filed. (a) Appeals to Planning Commission. The applicant or any · interest person may file an appeal, accompanied by the fee set forth in Ordinance No. 671 of this ordinance, and on the form provided by the Planning Department within ten {10) ~ays after the Notice of Decision is mailed for those matters where a public hearing was not requested or required or within ten {10} days after the Notice of Decision appears on the Board of -~upervisor's ageride. The appeal shall state the reasons why it is believed the action of the Planning Director is improper. UpOn receipt of a completed appeal and fee, the Planning Director shall set the matter for hearin~ before the Planning Commission. Notice of the hearing on t~e appeal shall be given in the same manner that notice was i.n th, s.. mann,r that .otic, .as giv,. u.der ) The Planning Commission shall render its decision on the appeal within ten {10] days of the closing of the hearing. A Notice of the Decision of the Planning Cmmission shal-1 be filed by the Planning Director with the Board of SupervisorS, not more than fifteen (15} days after the decision. A copy of the Notice of Decision shall be mailea tO the applicant, appellant and to any person who has made a written request for a Copy of the ~ecision. The Cle~'k of the Board of Supervisors, Shall place the Notice of Decision on the next agenda of the Board of Supervisors, held five (5) or more days after the Clerk receives the Notice of Decision from the Planning Director. The c[cision of the Plannin~ Commission shall be considered final unless an appeal therefrom is filed. (b) Appeals to Board of Supervisors. The ~cision of the Planning Commission shall be considered final unless an appeal therefrcm is filed. The applicant or an interested person may file an appeal, accompanied by the fee set forth in Ordinance NO. 671 of this ordinance, and on the fore provided by the Planning Department within ten {10} days after the Notice of Decision of the Planning CommiSsion appears on the Board of Supervisors's agenda. The appeal shall state the reasons why it is believed the action of the Planning C~ission is improper. Upon receipt of a completed appeal and fee, or if the Boar~ of Supervisors assumes JurisdictiOn by ordering the matter set for public hearing, the Clerk of the Board of Supervisors shall set the matter for public hearing before the Board of SuperviSors, not less than five (5) days nor more than thirty ()0) days thereafter, and shall give notice of the time and place of the hearing in the Same manner as notice of the time and place of the hearing in the same manner as notice was given for the hearing before the Planning Commission. The Board of Supervisors shall renaer its decision within thirty 250 SECTION lg.4. 'ON-SITE ADVERTISING STRUCTURES ~D SIGNS. No person Shall erect an on-site advertising structure or sign in the unincorporated area of the County of Riverside that ts in violation of the provisions COntained within any specific zoning classification in this ordinance or that iS in violation of the following provisions. Free-standing Signs 1. Located within 660 feet of the nearest edge of a freeway right of way line. la) The maximum height of a sign shall not exceed 45 feet. b The maximum surface area of a sign shall not excee~ 153 square feet. 2. All Other Locations. (a} The maximum height of a Sign shall not exceed 20 feet. (b) The maximum surface area of a sign shall not exceed 50 square feet. 3. Shopping Centers - All Locations. Notwithstanding the provisions of Sub-paragraphs 1 an~ 2, an alternate Standard for free Standing on-site advertising signs shopping centers is established as follows: {a) the maximum surface area of e sign shall not exceed 50 square feet of .25 percent (1/4 of 1%) of the total existing building floor area in a shopping center, whichever is greater, except that in any event. no Sign shall excee~ 203 Square feet in surface area. b. The maxim~m~ height of a sign shall not exceed 20 feet. 4. Number of Free-standing Signs - All Locations. Not more than one free-standing sign shall be permitted on a parcel of lan~, exce:t that if a Shopping center has frontage on 2 or more streets, t~e Shopping Center shall be permitted 2 free-standing signs, pr}vic~c that the 2 Signs are not located on the sane street; are at least 100 feet apart and the second sign does not exceed iS~ square fe~t in surface area an~ 2D feet in height. Signs Affixed to buildings - All Areas 1, No on-site advertising sign shall be affixed on, above or over the roof Of any building, and no on-site advertising sign shall be affixed tO the wall of a building so that it projects aOove the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. 2. The maximum surface area of signs affixed to a building shall be as follows: Ca) Front wall of bull di The surface area of surface area of the {b) Side walls of a bull ng - the sign shall not exceed 10% of the front face of the building. ding - The surface area of the sign Shall not exceed 10% of the Surface area of the side face of the building. Rear wall of a building - The surface area of the sign shall not exceed 5% of the surface area of the rear face of the building. 253 Nonconforming Signs. Every outdoor advertising display which does not confOm tO this ordinance shall be Oes~ed to be a nonconfoming sign and Shall be rs~noved or altered in accordance with this Ordinance as follows: 1. Any outdoor advertising display which was lawfully in existence prior to the effective date of the enactment of Ordinance Iio. 34B.2496 {July 16, lgBS) shall be abated or brought into ConromanCe with these provisions by July 17, 1990. 2. Any outdoor advertising display which was lawfully in existence prior to the effective date of the enactment of Ordinance ~o. 348.2856 {June 30, lgBB) but after the effective date of the enaci~ent of Ordinance No. )48.249G {july 16, lg85) shall be abated or brought into conformante with these proviSionS ~y July 1, 1993. 3. Any outdoor advertising display which was lawfully in existence prior to the effective date of Ordinance No. D48.2gBg but after the effective date of the enactment Of Ordinance NO. 348.2856 {June 30, igBB} shall be abated or brought into conromance with these provisions within eleven {11} years Of the effective aate of Ordinance No. 348.2gBg. 4. If federal or state law requires the County of Riverside tO pay just cc~pensation for the rmoval of any such lawfully erectec but nOnConfOrming outdoor advertising display, it may renain in place until just compensation as defined in the Eminent Domain Law {Title 7, of Part 3 of the Code of Civil Procedure) is pale. Illegal and Abandoned Outdoor Advertising Displays. All illegal outdoor advertising displays and all abandoned outdoor advertising displays shall be r~noved or brought into conformante with this ordinance immediately. knended Effective: 07-15-85 {Ord. 3~B.2496} 05-30-88 (Ord. 348.2856) O6-20-Bg (Ord. 348 2989) 252 2. No sign shall be t~in .00 feet of any existing residence. 3. No more than two silns shall be pemi tted for each subdi vision. \ 4. The maximum period of tine a sign may rmain in place shall ~e yea;s. ~~ i 5. No sign shall artill=Sally lighted. 6. An agrement, ecured by a $100 cash ~nd, shall be executed with the County fo each s gn, assuring the rmoval of the Sian ~tnin e ~ui n f Added: 09-13-73 {Ord, 348,1201) ~ended Effective: 01-20-77 {Ord. 348.1540) 06-27-78 (Ord. 348.1658} 09-25-80 (Ord. 348.1855) 07-16-85 {Ord. 348.249~) SECTION 19.7· TEMPORARY POLITICAL SIGNS. For the purpose of this ordinance, a t~porary political sign shall mean a Sign, not OtherwiSe pen,~itted by this Ordinance, w~icn encourages a particJlar vote in a scheduled election. Notwithstanding any other provision of this ordinance, temporary political signs are per. nitted in all zoning classifications su~ect ts the following limitations: 1. No SuCh sign shall exceed 16 square feet in surface area. 2. ~o free-standing tsnporary political sign shall exceed 5 feet in height. 3. No lot shall contain t~porary political signs having an aggregate surface area in excess of 80 square feet. 4. No such sign shall be artificially lighted. 5. No such sign shall be erected or placed more than 90 days prior to the scheduled election to which it pertains. 6. All such signs shall be r~oved wi thin 10 days after the schedul eC election to w~ich they.pertain, except that a sign erecte~ or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final election. 7. No Such sign shall be erected, placed or mai ntai ned upon any private property without the consent of the owner, lessee, or person in lawful possession of such property. 8. No tmporary poll tical sign shall be erected, placed, or maintaine~ on any publicly owned tree or shrub or upon the improved portion of any street or highway right of way which is used for traffic or parking. 9. No t~porary political sign shall be erected, placed or maintained so that it does any of the following: (a} Mars, ~efaces, disfigures Or damages any public building, structure or other property. (b)Endangers the safety of perSOnS Or property. 255 Directional Signs - Directtonal signs to/advise patrons of location, distance or purpose shall be permitted On a parcel of land as follows: 1. The maxim~ height of such Signs shall not exceed 3 feet. 2~ The maximum surface area of such signs shall not exceed 6 square feet. On-site Identification Signs - On-site identification signs affixe~ to the Surface of walls, windows, and doors of pemanent structures, which do not exceed 4 inches in letter height and do not exceeO 4 square feet in area are permitted in addition to any other sign permitted in this ordinance. SECTION 19.5. FOR SALE, LEASE OR RENT SIGNS. For sale, lease Or rent signs shall be permitted to be placed in all zone classifications subject to the following regulations. 1. For one and two f~nily residential uses - one sign not exceeoin5 square feet in surface area and not more than 4 feet in height. 2. For multiple family residential uses - one sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than B feet in height. 3. For conmartial uses - one sign for each separate frontage on a street, each sign not to exceed 24 square feet in surface area an~ not ~ore than B feet in height. 4. For industrial uses - one sign for each separate frontage on a street, each sign not to exceed 32 square feet in sJrface area a~d not more than 10 feet in height. 5. FOr agriculture uses - one sign for each Separate frontage on a street, each sign not to exceed 16 square feet in surface area not more than 8 feet in height. SE:TION 19.6 SUBDIVISION SIGNS. On-site subdivision signs, advertising the original sale of a subdivision are permitted within the boundaries of a subdivision, upon approval of and subject 1. No sign 2. No Sign outside a plot plan pursuant to Section 18.30 of this Ordinance tO the following minimum standards: shall exceed 100 square feet in area. shall be ~thtn 100 feet of any existing residence that is of the subdivision boundaries. No more than two such signs shall be permitted for each suball vision. No Sign shall be artificially lighted. Off-site subdivision signs advertising the original sale of a subdivision, shall be permitted in all'zone classifications, except the C-P-S, N-A, and W-1 Zones, provided a conditional use permit is granted pursuant to the provisions of Section IB.ZB of this orOinance, and subject to the following minimum standards: 1. No sign shall exceed lO0 square feet J n area. 254 CITY OF TEMECULA /- L TOWN HALL MEETING AGENDA Thursday, April 16, 1992 7:00 P.M. Town l:lall Association General Plan Program L IV. Update on the General Plan Process The Planning Center, the primary consultant for the General Plan will present a brief update on the progress of the General Plan. Presentation of the Draft Preferred Land Use Plan Randy Jackson, Principal of The Planning Center, will present the Draft Preferred Land Use Plan. The Draft Plan is the result of previous community meetings and a series of Joint Planning Commission/City Council Workshops and General Plan Technical Subcommittee Meetings. Public Review and Input on the Draft Preferred Land Use Plan Public comments will be solicited on the Draft Preferred Land Use Plan and any other components of the General Plan. Adjournment The City staff and consultants will be available to answer questions. We wish to thank you for your continued participation in this important planning process. Your ideas, comments and suggestions are welcome at any time. With your help, the General Plan process will lead to a creative and effective plan for the future of Temecula. THE PLANNING CENTER 1 (c) Obscures the v~ew of any fire hydrant, traffic sign, traffic signal, street sign, or public informational sign. (d) Blocks motorists' lines of sight to areas of vehicular or pedestrian traffic. Any t~porary political sign erected, placed or maintained in violation of any provisions of this section may be r~oved by the County 5 days after notice of t~e ~ olation is given to the concerne~ candidate or $ponsorm and to t~e owner, lessee or person in lawful possession of the property. Any t~porary political sign which constitutes an immediate danger to the safety or persons or property, or which has not been r~mOved within 10 days after the schedule~ election as provided in subsection (b}{6}, may be r~noved by the County Summarily and without notice. The County may bring as action to recover the reasonable cost of sign r~oval un~r this subsection. Added Effective: 04-21~83 (0rd. 3~8.2126) ITEM # 09 MEMORANDUlVl TO: FROM: DATE: SUBJECT: Planning Commission Gary T~ornhi11, Dimemr of Planning April 20, 1992 Paloma Del Sol, m~t Side Maps, Extensions of Time, Vesting Tentative Tract Maps 24182, 24184, 24185, 24186, 24187, 24188 This item has been brought forward for Planning Commission review and discussion as an informational item and requires no action at this time. Staff is requesting input and direction from the Planning Commission on issues that the applicant and Staff have not come to an agreement on. After receiving input from the plnnning Commission, Staff will work with the applicant on these issues and the tentative maps will be revised and the Extensions of Time will be brought back to Planning Commission as Public Hearing items for further consideration. BACKGROUND The Riverside County Board of Supervisors approved the east side maps on September 26, 1989. These maps were due to expire on September 26, 1991 and the applicant fried timely extension of time requests with the City on August 27, 1991. Since that time the applicant and Staff have been negotiating on parks and open space issues and a Memorandum of Understanding (IViOU) was approved by the City Council on January 31, 1992 to address those issues (refer to Attachment No. 1 ). A Development lt_eview Committee (DRC) was held on January 30, 1992 and Sis comments were mailed to the applicant on February 25, 1992 at the DRC meeting, the applicant was informed of inconsistencies between the maps and the Specific Plan. The applicant responded to Sis comments on March 9, 1992 at a meeting at City Hall. In that meeting the applicant agreed to comply with most of the issues raised by Staff. However, some issues remain unsolved and Staff and the applicant have not come to an agreement on how to resolve these issues to bring the maps into conformance with the Specific Plan. As a result, this item has been brought forward to planning Commission to identify the issues that remain unsolved. Staff requests direction on how to solve the remaining issues. Staff has contacted the School District on this issue and they have indicate~ that Mesa Homes has signed an agreement with the School District to provide ten (10) net acres for these school sites. Staff Recommendation The tentative maps need to be redcsigned by eliminating some lots to provide the school district with two ten (10) net acre sites. AppHcant's Position The applicant wishes to waive this requirement by amending the Specific Plan. Landscape Develonment Zone (LDZ's) The LDZ's are defined as a landscaped area extending from face of the curb outward; therefore, they include a portion of the fight-of-way. The LDZ's are required along all axterials (66 feet ROW) and larger streets. Most of the maps approved by the County did not meet the Specific Plan requirement for LDZ's; however, the applicant has agreed to revise all of the maps to comply with the Specific Plan requirements with the exception of the LDZ for Butterfield Stage Road on Tract 24188. The required LDZ for Butterfield Stage Road is thirty two (32) feet (refer to Exhibk C) which includes twelve (12) feet in the ROW and twenty (20) feet outside the ROW. The minimum LDZ shown outside the ROW on Tract 24188 is ten (10) feet which consistently accrues all along the west side of Butterfield Stage Road. (Refer to Exhibit D). The Cwwnhill Map (Tract 23143) had the same requirement for the LDZ along Butterfield Stage Road. Their map which is in review for a Second Extension of Time did not meet this requirement either. They have agreed to redesign their map to bring it into conformance with the required thirty two (32) feet of LDZ. It should be noted that the Paioma Del Sol maps ~ further along in the plan check process than the Crownhill Map. Staff Recommendation The Butterfield Stage Road LDZ (32 feet) needs to be reflected on the tentative maps as required by the Specific Plan. AppHcant's Position Twenty two (22) feet of landscaping is sufficient along Butterfield Stage Road. The ten (10) foot increase in the LDZ will not ereate a noticeable difference in the street scape. The cost of re- engineering the map will not be economically feasible. Therefore, the Specific Plan will need to be amended to allow the reduction of the LDZ to twenty two (22) feet. DISCUSSION While reviewing these maps, it was brought to Staff's attention that fmal maps had already been engineered and are almost ready to be recorded. It should be stressed that staffs review was a result of the direct interpretation of the Specific Plan and was not an objective review and did not reflect Staff's personal preferences. The following section identifies the inconsistencies of these maps with the Specific Plan and it also points out Staff recommendations and the applicant's position on each issue. INCONSISTENCIES OF ~ MAPS AND TYIY, SPECWIC PLAN. Acoustical Study All the tracts were conditioned by the County to submit an Acoustical Study prior to issuance of building permits and mitigate interior noise levels to 45 Ldn. The certified EIR indicates that in addition to interior noise level mitigation, further mitigation is necessary to reduce the exterior noise levels to 65 Ldn. The laIR indicates the requirement of this study at a more detailed stage of development if it is deemed necessa_nj by the County (refer to Attachment No. 2). Staff feels the study should be done prior to approval of the extensions of time for these maps, since the ~ indicates the 65 Lcln contours lines extend approximately one hundred and fifty (150) feet from the ROW. This requirement might result in redesigning the tract maps or making some lots unbuildable. On the other hand, ff the study is required prior to issuance of building permits the mitigation measure could include substantially higher wails than is desirable in the City. Staff Recommendation An Acoustical Study needs to be prepared prior to approval of the Extensions of Time and the mitigation measures need to be incorporated in the project design to reduce the exterior noise levels to 65 Ldn and the interior noise levels to 45 Ldn. Applicant's Position The applicant wishes to submit the study prior to issuance of building permits. School Sites The School District requires a minimum of ten (10) net acres for school sites. There are two (2) school sites on Tracts 24186 and 24188 (refer to Exhibit B). These sites are ten (10) acres net; however, the LDZ's on beth sites have not been shown on the maps. When the area of these LDZ's are deducted from the sites, sites become unacceptable to the school district. There is specific language in the Specific Plan that ff the school sites are not accepted by the school district the sites will be developed as Single Family Dwellings. S\3TAFFRFI~24181VTM.lK: 2 ATTACHMENT NO. 1 MEMORANDUM OF UNDERSTANDING Traffic Signals The Public Works Department is requesting twelve (12) traffic lights throughout the maps (refer to Exhibit E). The applicant has not agreed to this requirement. The requested signal locations are at non-regional intersections and will not qualify for any signal mitigation fees paid by developer. Staff Recommendation Traffic signals need to be histailed at locations specified on Exhibit "E" . Applicant's Position The MOU signed by the City and Bedford Properties states that no new conditions would be imposed on these Maps. The requirements of traffic signals is a new condition which would not be hi conformance with the MOU. vgw Attachment: Memorandum of Understanding - blue page 5 Noise Analysis - blue page 6 Exhibits - blue page 7 Vicinity Map School Sites Butterfield Stage Road LDZ cross section Butterfield Stage Road LDZ Traffic signals S\STAFFRFI~24182VTM.PC 4 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF TEMECULA and BEDFORD DEVELOPMENT COMPANY and MESA HOMES (Park Fees) 2. 3. 4. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 17a. 18. .~NDEX Amend Development Agreement Eastside Tract Maps Cost of Litigation . Public Facilities Fees Shortfall Reimbursement of Fees Parks, Greenbelts and Paseos . Timing of Park Improvements and Transfer to City Fee Credits Standstill Agreement . Park Fee Obligation Jurisdiction and Attorneys' Fees Severability . Entire Agreement . Construction . Amendment of Agreement Time of the Essence No Precommitment . Pay Under Protest. Counterparts . Paqe 4 6 6 7 7 7 9 10 10 11 11 11 11 12 12 12 12 12 13 EXHIBIT "A" EXHIBIT "B" - EXHIBITS MAPS OF PARKS, PASEOS, GREENBELTS LEGAL DESCRIPTION OF ASSOCIATION PROPERTY MEMORANDUM OF UNDERSTANDING (Quimby Park Fees) This Memorandum of Understanding ("MOU") is entered into by and between the City of Temecula ("City") and Bedford Development Company and Mesa Homes (collectively "Bedford") to be effective on January 31, 1992, with reference to the following: RECITALS A. Pursuant to California Government Code Section 65864, et seq. ("Development Agreement Statutes"), Bedford and the County of Riverside ("County") entered into Development Agreement No. 4 recorded in the Official Records of Riverside County on November 7, 1988, as Instrument No. 325513 ("Development Agreement"). B. The Development Agreement encompasses a project formerly located within County approved Specific Plan No. 219 known as "Paloma Del Sol", a mixed use subdivision project to be developed on property owned by Bedford which became a part of the municipal boundaries of the City when the City incorporated on December l, 1989. C. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under the Development Agreement upon incorporation of the City. D. A dispute has arisen between the City and Bedford over the amount of fees or land dedication for park or recreational purposes Bedford is required to provide to City as allowed under Section 66477 of the California Government Code ("Quimby Park Fees"). 01-]0-9"Z 12221-00049 G:"4)OC\152\92010026,M02 E. On May 20, 1987, the County amended Ordinance No. 460 authorizing the imposition of Quimby Park Fees. Ordinance No. 460 required adoption of an implementation resolution designating a recipient of the Quimby Park Fees. On June 28, 1988, pursuant to Resolution No. 88-218, the County designated CSA 143 as the recipient of Quimby Park Fees subject to the adoption of a master plan. On June 27, 1989, pursuant to Resolution No. 89-331, the County adopted a master plan for CSA 143, establishing the Quimby Park Fees at three (3) acres per 1,000 new residents ("County Park Fee Standard"). F. Pursuant to Resolution No. 99-53, adopted on May 8, 1990, City has adopted Quimby Park Fees of five (5) acres of land for parks and recreational purposes, or payment of fees in lieu thereof, for every 1,000 people to reside in the proposed subdivision ("City Park Fee Standard"). G. The City interprets the Development Agreement to permit the imposition of increased Quimby Park Fees computed on the City Park Fee Standard and has required Bedford to pay Quimby Park Fees based on the City Park Fee Standard as a condition of issuance of building permits for Paloma Del Sol. Bedford disagrees with this position and interprets the provisions of the Development Agreement to limit the City's authority to impose Quimby Park Fees based on the park and open space .requirements of Specific Plan No. 219.as approved by the County and incorporated into the Development Agreement. H. In order to avoid a legal challenge to the Quimby Park Fees and to prevent the running of any relevant statutes of limitation while attempts are being made to resolve this dispute, Bedford and City have entered into a Standstill Agreement effective on April 9, 1991, as amended ("Standstill Agreement"). 01-30-92 12221-00049 G:"4)OC\152\92010026,H02 2 I. City and Bedford acknowledge that development of Paloma Del Sol will result in a generation of significant municipal revenue, public infrastructure facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Bedford contemplated by Paloma Del Sol include: the opportunity for a high quality residential-commercial project creating significant job opportunities, sales tax and ad valorem tax revenues for the City (2) payment of substantial impact fees to be used to solve City and regional traffic infrastructure demands (3) a payment of public facilities fees (4) participation in special assessment and/or community facilities districts to finance City and regional infrastructure improvements the creation of significant park, recreation and open space dedications for public use and the protection of significant natural resources The City and Bedford acknowledge that due to the present recession, none of these benefits to the City are possible unless the Paloma Del Sol project goes forward. The parties further acknowledge and agree that the present structure of fees and private recreation and open space creates substantial impediments to development of Paloma Del Sol. 01-30-rZ 12221-0004,~ G:'~OOC\152\92010026,M)2 3 J. Without admitting or determining any rights or obligations as between City and Bedford, each to the other, with respect to the amount of the Quimby Park Fees, and solely to avoid the potential expense and inconvenience of protracted litigation, and to balance the needs of the City to provide adequate parks and recreational facilities with the difficulty of land development in today's economy, City and Bedford agree to settle this matter based on the terms and conditions of this Memorandum of Understanding. AGREEMENT 1. Amend Development AGreement. In accordance with the procedures set forth in the Development Agreement Statutes, City and Bedford shall commence the necessary proceedings to consider amending the Development Agreement to: eliminate the County Public Facilities and Services Mitigation Fee and replace it with a City Public Facilities Fee; provide that for a period of two (2) years from the date of recording the amendment to the Development Agreement, the City Public Facilities Fee shall be paid in lieu of the Regional Statistical Area Fee ("RSA Fee") establlshed by County Ordinance No. 659 adopted by the City; provide that for a period of two (2) years from the date of recording the amendment to the Development Agreement, the City Public Facilities Fee shall be Three Thousand Dollars ($3,000.00) per each residential unit ("Interim Public Facilities Fee") exclusive 01-30-92 1222.1-000z,9 G:~d)OC\lSZ\~201002b.lq02 4 of all other fees, including but not limited to K-Rat, fire, traffic signal, and drainage mitigation fees as appliedto the development of Paloma Del Sol whether constructed by Bedford or any other merchant builder purchasing Paloma Del Sol tracts from Bedford; provide that after said two year period the amount of the Interim Public Facilities Fee shall be increased up to the amount of the City's Public Facilities Fee imposed on all projects in the City at that time. In the event the City has not adopted a City Public Facility Fee by the end of said two year period, Bedford shall continue to pay the Interim Public Facilities Fee until such time as the City adopts a City Public Facilities Fee. provide that Bedford will be subject to paying a City Public Facilities Fee for non- residential development in the Paloma Del Sol project in accordance with the provisions of the City's non-residential Public Facilities Fee ordinance. In the event the City has not adopted a Public Facilities Fee for non- residential development at the time of issuance of building permits for commercial construction, Bedford agrees to abide by the City's procedures relating to payment of future non-residential Public Facilities Fees applicable to all projects in the City in effect at that time. 01-]0-92 122.21-000/,9 G:%DOC\152\~201002.6.1~02. 5 .+ provide that the park land and recreation facilities to be dedicated to the City as contemplated by this MOU shall fully satisfy Bedford's obligation to pay Quimby Park Fees and to provide parks and recreational facilities for the Paloma Del Sol project consistent with Specific Plan No. 219 and this MOU. 2. Eastside Tract MAPS. City shall commence the necessary proceedings in accordance with the Subdivision Map Act to extend the Paloma Del Sol "Eastside" Tentative Tract Maps Nos. 24182, 24184, 24185, 24186, 24187 and 24188 with no new conditions inconsistent with the terms of Specific Plan No. 219 and this MOU. Neither party waives its rights as to what constitutes "consistency" with Specific Plan No. 219. 3. Cost of LitiGation. In the event the County seeks to challenge the right of City and Bedford to enter into this MOU or to amend the Development Agreement and institutes an action, suit or proceeding to challenge this MOU or invalidate and/or enjoin the enforcement of this MOU or the amendment to the Development Agreement or take such other action(s) which result in unreasonable delays in the development of the Paloma Del Sol project, the parties agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents and employees, from any and all such obligations, liability, suit, claim, loss, judgment, lien, resulting from such action(s) brought by County (but excluding actions to expunge any lis pendens) and to share equally the costs associated with attorneys' fees, costs and damages that the parties may incur as a result of any such actions or lawsuit to challenge City and/or Bedford's legal authority to enter into this MOU and/or amend the Development Agreement. In the event the County prevails in any such litigation after exhaustion of any procedural appeals, the 01-30-~ 12221-000~9 G:'~)OC\152\92010026,N02 6 provisions relating to the payment of Interim Public Facilities Fees as set forth in this MOU and/or the amendment to the Development Agreement shall terminate. 4. Public Facilities Fees Shortfall. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of the amendment to the Development Agreement and a court or other tribunal having jurisdiction over the matter after all appeals are taken, determines that Bedford and/or the City is liable to make up any shortfall in the amount of the Public Facilities and Services Mitigation fees owned by City and/or Bedford to County, then City and Bedford shall each share equally in paying any such shortfall. 5. Reimbursement of Fees. If prior to the amendment to the Development Agreement and in the event Bedford is required to pay public facilities fees and/or RSA fees in an amount greater than the amount set forth in the amendment to the Development Agreement, Bedford shall be entitled to reimbursement of the difference in the amount of the fees paid within thirty (30) days of the date of recordation of the Amendment to the Development Agreement. 6. Parks. Greenbelts and Paseos. As additional consideration for entering into this MOU, Bedford agrees to dedicate, or cause to be dedicated, and City agrees to accept, park land, greenbelts, slopes and paseos to the City equalling approximately one hundred eighty six (186) acres subject to the approval of the Paloma Del Sol Association ("Association") and the California Department of Real Estate ("DRE") only as to those parcels within the 186 acres shown on Exhibit "B" attached and made a part hereof by this reference which are owned by the Association or subject to an irrevocable escrow in favor of the Association. If the Association and/or the DRE fail to approve the transfer of the Phase I Parcels shown on Exhibit B to the 01-30-92 12221-0004.9 G:',,DOC\IS~\g2010026J~02 7 City and therefore such property is not conveyed to the City, such failure to convey shall not prevent Bedford from satisfying its Quimby Park Fee obligation nor affect any' other provision of this MOU. The 186 acres are made up of the following five major recreation areas as well as fifty five (55) acres of smaller in- tract greenbelt paseos and eighty seven (87) acres of roadway paseos, public parkway and slope landscaping. These areas are shown on the attached Exhibit "A" incorporated herein and described as follows: (a) A seven and seventy-four hundredths (7.74) acre park located in Tract 24133-2, Lot 114 ("7.74 Acre Park") which consists of two baseball diamonds/soccer field combination with lights, restroom and concession building, group picnic area, drinking fountains, trash receptacles, parking lot. (b) A thirteen and eighty-four hundredths (13.84) acre paseo park located in Tract 24133-3, Lot 106 ("13.84 Acre Paseo Park") which consists of tot lots, basketball courts, tennis court, picnic areas with tables and barbecues, walkways/bikeways with lighting. (c) An approximate five and nine tenths (5.9) acre paseo park located in Tract 24134-3, Lots 68, 69, 70, 71 and a portion of Lot 83 of Tract 24134-F-("5.9 Acre Paseo Park") which consists of a tot lot, basketball court, picnic areas with tables and barbecue, walkways/bikeways with lighting. (d) A seven and forty-four hundredths (7.44) acre park located in the Eastside (future) Tract 24186-4, Lot 1 ("7.44 Acre Park") which will consist of a combination soccer/baseball field with lights, restrooms and concession building, group picnic area, drinking fountains, trash receptacles, parking lot. 01-30-9Z 12221-00049 G:'~,DOC\152\gZO100?_6.1q02 8 (e) A nine and thirty-five hundredths (9.35) acre paseo park located in the Eastside (future) Tracts including: Lots 159 and 160 of (future) Tract 24186-1; Lots 121 and 129 of (future) Tract 24186-2 and Lot 121 of (future) Tract 24187-F ("9.35 Acre Paseo Park") which will consist of a basketball court, tot lot, picnic area, walkway/bikeways with lighting landscaping and irrigation. (f) The remaining 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both east and west sides of Paloma Del Sol. (g) All perimeter and interior greenbelt paseos, roadway paseos, parks and slopes will be maintained by the Temecula Community Services District ("TCSD"). All assessments for maintenance shall be in compliance with the standards and formulas imposed by the TCSD on a city-wide basis. (h) The approximately one hundred eighty six (186) acres of parks, greenbelts and paseos shall be transferred to the City by grant deeds from Bedford and the Association, depending on ownership. The City shall be responsible for establishing any maintenance obligations with the TCSD associated with the parks, paseos and greenbelt areas described in this MOU. 7. Timinq of Park Improvements and Transfer to City. (a) The 7.74-Acre Park shall be fully improved and transferred to the City after July 1, 1992 and before October 31, 1992. (b) The 13.84-Acre Paseo Park shall be fully improved within sixty (60) days of the effective date of the amendment to the Development Agreement and the 5.9-Acre Paseo Park within sixty (60) days after approval of the DRE and the Association. Both of these parks will be transferred to the City after July 1, 1992 and included in the TCSD in accordance with the dedication process, the procedures for providing notice and establishing the fiscal year budgeting requirements for funding the maintenance of newly annexed property to the TCSD ("TCSD Funding Procedures"). 02-28-~ 1222,1-00049 G:~J)O(:\15Z\gZOZOO~O.MO~ 9 (c) Improvement to the 7.44-Acre Park shall commence at the time of development of the adjoining tracts (Tract Nos. 24186-1, 2, 3, 4 and Final). Improvements to the 9.35-Acre Paseo Park shall commence at the time of development of the adjoining tracts (Tract Nos. 24186-1, 2 and Final). Improvements to the 7.44 Acre Park and the 9.35-Acre Paseo Park shall be completed on or before the issuance of 50% of the certificates of occupancy for the dwelling units constructed in the adjoining tracts. Both of these parks shall be transferred to the City in accordance with the TCSD Funding Procedures. (d) Improvement to and transfer of the remaining 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both East and West sides of Paloma Del Sol shall occur with the completion of development of the adjoining tracts and in accordance with the TCSD Funding Procedures. (e) Bedford may extend the improvement completion and park transfer dates as set forth in this MOU with written consent from the City. (f) City shall receive and approve all park and recreation facilities improvement plans in accordance with the City's park standards, procedures and specifications except the City shall accept without any modifications the improvements to the 13.84-Acre Paseo Park and the 5.9-Acre Paseo Park as currently constructed and installed. 8. Fee Credits, At the time of completion of the improvements and transfer of the 7.74-Acre Park and the 7.44-Acre Park, respectively, Bedford shall receive a credit against payment of the future Public Facilities Fees based on the actual improvement cost incurred by Bedford for each of said parks up a maximum credit of One Million Dollars ($1,000,000) for each park for a maximum total of Two Million Dollars ($2,000,000). city shall have a right to review, audit and verify all costs associated with said park improvements under procedures to be mutually agreed upon between the parties. 9. Standstill AGreement. Until the Development Agreement is amended as contemplated by this MOU, the Standstill Agreement shall govern the rights and obligations of the parties with regards to Quimby Park Fees associated with the Paloma Del Sol project, except that it shall be amended to remain in full force and effect until a certificate of occupancy is issued by the City for the 500th residential dwelling unit in the Paloma Del Sol project. 10. Park Fee Obliaation. Upon execution of this MOU by the parties, regardless of undue delays or the outcome of any lawsuit or action brought by County or terms of settlement of any action or proceeding which may be instituted by the County against City and/or Bedford relating to this MOU or the amendment to the Development Agreement, Bedford's Quimby Park Fee obligation for the Paloma Del Sol project shall be satisfied based on the requirements provided in Specific Plan No. 219, and Sections 6, 7 and 8 of this MOU. 11. Jurisdiction and Attorneys' Fees. This MOU is made and entered into in the State of California, and this MOU, and any rights, remedies, or obligations provided for herein shall be construed and enforced in accordance with the laws of the State of California. 12. Severability. If any portion, provision or part of this MOU is held, determined, or adjudicated to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions, or parts of this MOU and shall not affect the validity or enforceability of such remaining portions, provisions, or parts. 13. Entire Aareement. This MOU contains the entire understanding and agreement between the parties hereto with respect to the matters referred to herein. No other representations, covenants, undertakings or other prior to contemporaneous agreements, oral or written, respecting such 01-]0-92 1222.1-000,r,.9 G:~d)OC\152\f20100Z6,1q02 11 matters, which are not specifically incorporated herein, shall be deemed in any way to exist or bind any of the parties hereto. The parties hereto acknowledge that each party has not executed this MOU in reliance on any such promise, representation, or warranty. 14. Construction. This MOU shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this MOU and any uncertainty and ambiguity shall not be interpreted against any one party. 15. Amendment of AGreement. This MOU shall not be modified by either party by oral representation made before or after the execution of this MOU. All modifications must be in writing and signed by the parties, and each of them. 16. Time of the Essence. Time is Of the the performance of each and every covenants and the of each and every condition contained in this MOU. essence for satisfaction 17. No Precommitment. City and Bedford understand and agree that certain actions of the City contemplated by this MOU will require compliance with legal procedures regulations and public hearings accompanied by discretionary decisions. The parties acknowledge that nothing contained in this MOU shall be construed as a precommitment or requiring the City Planning Commission or City Council to approve any discretionary actions contemplated by this MOU. 17a. Pav Under Protest. Bedford agrees to withdraw its notices of payment of permit fees under protest and will terminate the standstill Agreement relating to said fees upon execution of this MOU. 01-30-92 12221-000/,.9 G: '4)0C\152\92010026, NO2 12 18. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be deemed an original. ATTEST: ~ne jr~ek, City Clerk CITY r TEMECULA By: \ Patricia H. Birdsall, Mayor APPROVED AS TO FORM: Scott Field, city Attorney BEDFORD DEVELOPMENT COMPANY, MESA HOMES, a California c ation ( By: 01-]0-92 12221-0004~ G:~M)C\152\~O10026.MOU 13 ATTAC~ NO. NOISE ANALYSIS EXHIBIT B LEGAL DESCRIPTION Association Property PARCEL 1: PARCEL 2: PARCEL 3: PARCEL 4: Lots 67 to 71, inclusive, of Tract Map No, 24134-3, as per map filed in Book 231, Pages to 8, inclusive, of Maps, Records of Riverside County, California. Lot 83 of Tract Map No. 24134, as per map filed in Book 232, Pages ,,2 to ,,9, inclusive, of Maps, Records of said County. 'Lots 86 to 88, inclusive, of Tract Map No. 24134-1, as per map filed in Book 230, Pages 84 to 92, inclusive, of Maps, Records of said County. l:a~ements for the maintenance of the landscaping and any irrigation facilities appunenant thereto over that real propen depicted on Exhibit F of the Declaration of Covenants, Conditions and Restrictions ~r Palores del Sol recorded on August 5, 1991, as Instrument No. 91-267231 and re-recorded on September 5, 1991, as Instrument No. 91-307877, all of the Officiai Records of said County. PARCEL 1: PARCEL 2: phase II Lot 106 of Tract Map No. 24133-3, as per map filed in Book 230, Pages 48 to 54, inclusive, of Maps, Records of said County. F~ments for the maintenance of the landscaping and any irrigation facilities appunenant thereto over that real property depicted on Exhibit F of the Supplementary Declaration of Covenants, Conditions and Restrictions for Palores del Sol Phase II recorded on August 5, 1991, as Instrument No. 91-267232 and r~-recorded on September 5, 1991, as Instrument No. 91-307878, all of the Official Records of said County. lb11-~1 12221~(XX)&& -25- Air Quality a. Existina Conditions/General Plan policies A predominant wind direction from the coast (near Oceanside and southern Orange County) gives the vicinity of the site relatively clean air. Two sources of air fill the Perris plain: a source originating over Orange and southern Los Angeles Counties (the harbor area) which flows through SantaAna Canyon and disperses into its peripheral canyons (e.g., Temescal) by way of Riverside; and, a source origi- nating along the coastline midway between Los Angeles and San Diego which flows up the Santa Margarita River Canyon (Temecula Canyon). Both are influenced by differences in temperature and area sea breezes. The former, however, possesses considerable air contaminants, while the latter is relatively clean. These air masses meet in a zone, trending approximately NNE-SSW, north of Sun city that forms a visible discontinuity in air mass quality. While the project area remains clear, cool and moist, areas less than ten miles to the north may be inundated by smog. Inversions of temperature commonly associated with air pollution exist inland, but should not be compared on the same terms with inversions in coastal areas where a heavy marine layer is overlain by a subsiding, warm high pressure air mass. A more critical air pollution problem exists in the after- noon hours when the sea breeze under-runs warmer air and forces it aloft. If areas near the source of this mass (northern San Diego, southern Orange County) become indus- trialized, this flow will degenerate and infuse the Murrieta Valley with air of low quality. When winds are present, the inversion layer does not form, and atmospheric mixing is sufficient to dissipate pollutants that can occur when creating certain types of smog. The project site lies within the South Coast Air Quality Management District (SCAQMD), which maintains monitoring stations throughout the County. The monitoring station nearest the site with published data available is Perris Air Quality Monitoring Station. Only quantities of oxidant (ozone) are measured at that facility. At present, oxidant is the most serious problem in the project area. As oxi- dant is formed by a multi-step photochemical reaction between oxides of nitrogen and reactive hydrocarbons, extended periods of intense sunlight, which are charac- teristic of the project area, contribute to the high 325 The Meadows a= Rancho California Specific Plan proposes an expanded parkway system adjacent to all collector and higher volume roadways. These parkways, which will vary in width will provide landscaping, sidewalks, and community "theme" walls. The parkways will serve as setbacks between proposed uses and the vehicular noise occurring on project roadways. Relationship to General Plan Policies l) Due to the potential for on-site areas adjacent to roadways to possess noise levels in excess of 65 CNEL, a noise analysis may be required at a more detailed stage of project development in order to insure that all residences will comply with the County's require- ment of a maximum interior noise level of 45 dBA. (See "Mitigation".) 2) See No. i above. 3) The proposed project is not a significant noise pro- ducer. In accordance with the Rancho Villages Development Crite- ria, dense sound absorbing walls, berms, and/or sethacks to achieve exterior noise levels of 65 dB(A) Ldn and interior noise levels of 45 dB(A) Ldn will be incorporated into the project design, if necessary. c. MitiGation As discussed above, a noise analysis should be prepared by an acoustical engineer at a more detailed stage of project development, if deemed necessary by the County of River- side. 324 Highway/Traffic/Noise The most significant source of noise resulting from imple- mentation of The Meadows at Rancho California Specific Plan will be that associated with traffic. As discussed in Section V.D.i., Ciroulation, an estimated 47,600 vehicle trips per day will be generated at project build-out. These trips will be primarily destined for State Route 79 to the south or will head north on Margarita Road and Kaiser Parkway to reach Rancho California Road, which has an interchange with Interstate 15. These.roadways will, therefore, experience the greatest off-site noise impacts due to project traffic. Projected noise levels on Arterial Roads (Margarita Road, De Portola Road and Butterfield Stage Road), Major Roads (Kaiser Road) and Secondary Roads (Pauba Road) are indi- cated in Table VI, Preliminary Noise Contours. These contours are generated from the typical noise contours as presented in the Comprehensive General Plan. Highway 79 to the south Of the site is designated as a "Highway"; the General Plan presents no noise contours for this classifi- cation of roadway. The General Plan contour calculations are based upon assumptions and estimates which, in all probability, will be refined as more detailed information becomes available. Moreover, these noise contour calcula- tions assume no physical attenuation measures. TABLE VI PRFT.TMINARy NOISE CONTOURS Roadway Distance in Feet from Centerline to: Roadway Classification 60 dBA 65 dBA 70 dBA Arterial 315' 155' 70' Major 310' 150' 65' Secondary 270' 130' 45' The Meadows at Rancho california Specific Plan does not cause any of the above roadways to exceed the capacity of their current designations per the Riverside County General Plan Circulation Element. It is assumed that existing and future land uses adjacent to these roadways have been planned in consideration of the Preliminary Noise Contours presented above; therefore, noise generated by project traffic should not result in the creation of unacceptable noise levels to existing or proposed off-site uses. 323 prepared by a qualified acoustical engineer and may be required to provide mitigation from existing noise. 3) Proposed projects which are noise producers shall be required to have an acoustical engineer prepare a noise analysis including recommendations for design mitiga- tion, if the project is to be located within close proximity to a noise sensitive land use or land zoned for noise sensitive land uses. The Rancho Villages Development Criteria states that, "In order to protect residential areas from ground based noise generated by highways and commercial or industrial activi- ties, dense sound absorbing walls, berms, and/or setbacks to achieve axterior noise levels of 65 dB(A) Ldn are re- quired. All new residential structures shall ensure a maximum interior noise level of 45 dB(A) Ldn." In addition, bo~/1 Policy Plan Areas C and D are shown as possessing "Noise potential - 65 CNEL" along Pauba Road, Rancho Vista Road, Butterfield Stage Road, Santiago Road, De Portold Road and Margarita Road. b. Pro~ect Immacts/Relationshim to General Plan Policies Implementation of The Meadows at Rancho California Specific Plan will result in increased noise levels due to construction equipment, motor vehicle traffic and statichal%, sources. The ambient noise levels on the site would be increased to levels which characterize most suburban areas. The various noise impacts resulting from project development are discussed below: Construction Noise Construction noise represents a short-term impact on ambi- ent noise levels. Noise generated by construction equip- ment, including trucks, graders, bulldozers, concrete mixers and portable generators can reach high levels. Construction equipment noise comes under the control of the Environmental Protection Agency's Noise Control Program (Part 204 of Title 40, Code of Federal Regulations). Presently, air compressors are the only equipment under strict regulations, and no new regulations are currently under consideration. Noise levels for equipment which might be used for the excavation and construction of the proposed project range from approximately 65 to 105 dBA at a distance of 50 feet. The noise levels decrease at a rate of approximately 6 dBA per doubling of the distance. Therefore, at 100 feet the noise levels will be about 6 dBA less. Intervening struc~ totes or topography will act as a noise barrier and reduce noise levels further. 322 shed and detailed floodplain mapping of the Temecula Creek adjacent to the project site. All improvements will be constructed in accordance with the standards of the Riverside County Flood Control District. Erosion control devices will be utilized in hillside devel- opment areas to mitigate the effect of increased runoff at points of discharge. Possible devices may include tempo- rary berms, culverts, sandbagging or desilting basins. The configuration of the major storm drain outlet at Margarita Road will be a concrete energy dissipation/flow spreading device in order to mitigate higher pipe exit velocities and provide a non-erosive velocity into the existing stream. 5. Noise The issue of "Noise" was addressed in the "Draft Environ- mental Impact Report for Rancho Villages General Plan Amendment", sponsored by Kacor Realty and submitted to the County of Riverside in August, 1980. A Noise Assessment was performed as part of that General Plan Amendment EIR by the firm of Hilliard and Bricken. As The Meadows at Rancho California Specific Plan is being proposed in accordance with that GPA, that Noise Assessment is hereby incorporated by refer-once into this Draft EIR document. However, specific policies and development criteria related to noise are included in the following discussion. a. Existing Conditions/General Plan Policies As the project site is presently undeveloped, it generates little noise. Primary existing noise sources in the pro- ject area include vehicular noise along State Route 79, Margarita Road, De Portola Road, and Pauba Road. General Plan Policies The project site is not shown as noise impacted, per the County of Riverside Airport Noise Impact Area Map. The Environmental Hazards and Resources Element of the Compre- hensive General Plan includes Land Use Standards addressing Noise. Those which are relative to the proposal are listed below: 1) The following uses shall be considered noise sensitive and shall be discouraged in areas excess of 65 CNEL (dBA): Single and multiple family residential, group homes, hospitals, schools and other learning institu- tions, and parks and Open space lands where quiet is a basis for use. 2) Proposed noise sensitive projects within noise i~pacted areas shall be required to have acoustical studies 321 increased-runoff. In order to mitigate the increase in runoff at Margarita Road outlet, the larger east/west storm drain could be re~ligned to discharge directly into Temecula Creek. Three storm drain systems are proposed along the southern project boundary to outlet directly into Temecula Creek. The precise discharge locations would have to be determined by off-site owners. These three storm drains generally run in a north to south direction, generally following the existing drainage pattern. The proposed storm drain system in Butterfield Stage Road will intercept two proposed storm drains by the adjacent development to the east. All of the storm drain outlets will be higher pipe outlet velocities. Relationship to General Plan Policies The Meadows at Rancho california Specific Plan responds to The Land Use Standards for Flooding, as follows: 1) Flood Hazard Mitigation - In accordance with these standards, a drainage study has been prepared, resulting in the Figure 57, Drainage Plan. This study is included as Section D, Technical Appendices. Due to the site's location within a "Dam Inundation Area" of the Vail Dam, the development proposal will be reviewed for siting constraints by the County Flood Control District and the County Planning Department. Floodplains - The site does not lie within the identi- fied floodplain area, though additional study of the Temecula floodplain is recommended. (See "Mitiga- tions".) Drainage Improvement Fees - If required, the developer will contribute $932 per acre for the approximately 142 acres of the site which lie within the Temecula Valley Drainage Area. A portion of the project site may also be subject to fees associated with the Murrieta Creek Area Drainage Plan. In accordance with the Rancho Villages Development Crite- ria, development will not result in increased flood hazards to adjacent or downstream properties. As discussed above, drainage fees will be paid for those portions of the site located within the Temecula Valley or Murrieta Creek Area Drainage Plans. c. MitiGations A more in-depth assessment of the Temecula floodplain should be conducted during the final design and preparation of the tentative tract maps. The study will require a regional hydrologic analysis of the Temecula Creek water- 320 ATTACHMENT NO. :J EJ'FIIRITS CITY OF TEMECULA Road Pauba · PiO R Road ( ~oad J ,9 10 6 CASE NO.: Paloma Del Sol EXl~IRIT: A P.C. DATE: April 20, 1992 VICINITY MAP CITY OF TEMECULA 'E SITE CASE NO.: Paloma Del Sol EXItlRIT: B P.C. DATE: April 20, 1992 SCHOOL SITES CITY OF TEMECULA 5'-'6' SDEWALK MEANDERS FROM 5' MI~I.TO 20'-6' MAX. FROM FACE OF CURE INFORMAL STREET TREE GROUPINGS *~IRF PARKWAY EVERGREEN BACKGROUND GROVE TRB-'WITH DECIDUOUS ACCENT TREES LANOSCAPE~SLOPE OR EASEMENT COMMUNITY THEME COMBINATION SOLID WALL AND TUBULAR STEEL FENCE STREE REAR YARD SETBACK TO TOE OF ~1SLOP~ 4:1 SLOPE MAX. SEE TYPICAL COMMUNITY STREET SCENE TRANSITION SLOPE PLAN CASE NO.: Paloma Del Sol EXRIRIT: C BUTTERFIELD STAGE ROAD LDZ CROSS SECTION P.C. DATE: April 20, 1992 CITY OF TEMECULA CASE NO.: Paloma Del Sol EXHIRIT: D P.C. DATE: April 20, 1992 BUTTERFIELD STAGE ROAD LDZ CITY OF TEMECULA CASE NO.: Paloma Del Sol EXIIIRIT: E P.C. DATE: April 20, 1992 TRAFFIC SIGNAI,S