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HomeMy WebLinkAbout010493 PC AgendaAGENDA TEMECULA PLANNING COMlV~SSION REGULAR MEJ~.TING Jam,gry 4, 1993 6:00 PM VAIL ~I,EM~:NTARY SCHOOL 29915 Mira Lore- Drive Temecula, CA 92390 CALL TO ORDER: Chairman Fahey ROLL C.ALI~ Bhlr, Ford, Hoagland, Chiniaeff, Fahey PUBLIC COMMENTS A total of 1S minutes is prodded so members of the public can address the commissioners on items that are not listed on the Agenda. Spe~rs 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 aRequest 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. COM1V!IgSION BUSINESS 1. Approval of Agenda 2. Approval of minutes of November 16, 1992 planning Comrni~ion meeting. PUBLIC HEARING Case No: Applicant: Location: Planner: Proposal: Recommendation: Vesting Tentative Tract Map No. 26941, Change of Zone No. 22 Taylor Woodrow Homes,CA L~l. Northerly of De Portola Road, southerly of Pauba Road, westerly of Via Del Monte, easterly of Butterfield Stage Road. Craig Ruiz To subdivide 133 acres into 28 single family lots and to change a portion of the site from Residential Agricultural 2.5 acre minimum lot size and Residential Agriculture 5 acre minimum 6 lot size to Residential Agricultural 2.5 acre minimum lot size and Residential Agricultural 5.0 acre minimum lot size. Recommend Approval 4. Case No: Applicant: Location: Planner: Proposal: Recommendation: Next meeting: General Plan City of Temecula City Wide John Meyer Consideration of Environmental Impact Report and the concluding testimony Certification of the Final Environmental Impact Report and Adoption of the Draft General Plan to the City Council Due to the holiday on January 18, 1993, the next meeting date will be discussed. PLANNING DIRECTOR REPORT PLANNING COMMISSION DISCUSSION OTFI~R BUSINESS ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, NOVEMBER 16, 1992 A regular meeting of the City of Temecula Planning Commission was called to order Monday, November 16, 1992, 6:10 P.M., 29915 Mira Loma Drive, Temecula, California, Chairman Linda Fahey presiding. PRESENT: 3 ABSENT: 2 COMMISSIONERS: Ford, Hoagland, Fahey COMMISSIONERS: Blair, Chiniaeff Also present were City Attorney Scott Field, Senior Planner Debbie Ubnoske, Planner Saied Naaseh and Minute Clerk Gall Zigler. PUBLIC COMMENTS None COMMISSION BUSINESS ADeroval of Aeenda It was moved by Commissioner Hoagland, seconded by Commissioner Ford to approve the agenda. The motion carried as follows: AYES: 3 COMMISSIONERS: Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Blair, Chiniaeff Commissioner Blair arrived at 6:13 P.M. 2. Minutes It was moved by Commissioner Ford, seconded by Commissioner Hoegland to continue approval of the minutes of October 19, 1992 to allow staff time to address the Commission's concerns regarding lack of dialogue which the Commission feels is . important to the approval of the General Plan. PLANNING COMMISSION MINUTES AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: I COMMISSIONERS: NOVEMBER 16. 1992 Blair, Ford, Hoagland, Fahey None Chiniaeff Transportation Demand ManaQement/Air Quality Ordinance Director of Public Works Tim Serlet presented the staff report. Tim stated that Jim Birckhead, Program Coordinator of the Air Quality Coordinating Committee, advised him that Section 7 of the Ordinance was rejected by the Air Quality Management District and new language was implemented as follows, "Section 7 - Compliance With AQMD Regulation 15: Trip reduction'. plans approved by the SCAQMD in accordance with provisions of Regulation 15 may be submitted to the City in lieu of plans required under the provisions of this ordinance. AQMD approved Regulation 15 trip reduction plans approved by the City shall be deemed to comply with trip reduction plan requirements of this ordinance." Jim Birckhead, Program Director for the Western Riverside Council of Governments, provided an overview of the Air Quality Implementation Program. Commissioner Hoagland made the following comments on the model ordinance: Section 1 (b) - He feels it does not make sense. Section 1 (c) Requested clarification of mobile sources. Section 1 (f). - Suggested a reference to business developments. Section 3 (a) - Should refer to 4/10 or 9/80 work schedules as examples. Section 3 (b) - Questioned why existing developments are not in the findings. Jim Birckhead advised that new development is addressed in the CMP provisions and the existing came out of the Air Quality Management Plan. Section 5 (a) - Does that refer to 100 or more persons at one site or within one company. Jim Birckhead stated that the reference was to 100 peo~01e at one site. Commissioner Hoagland expressed a concern regarding fees. PCMINI II16/92 -2- 11/31/92 PLANNING COMMISSION MINUTES NOVEMBER 16, 1992 Chairman Fahey suggested that the fee be incorporated in the business license fee. Commissioner Blair asked for clarification of Section 4 (c). Tim Serlet advised that the intent is to allow for 75% of the required parking and the other 25% would have to utilize some other form of transportation (i.e. carpools, etc.). It was moved by Commissioner Ford, seconded by Commissioner Hoagland to recommended the ordinance be re-written per the Planning Commission comments as follows: Clarify "congestion" or "traffic congestion" as detrimental. Section 1 (c) Definition of mobile sources. Section 3 (a) Alternate work schedules be used as examples and others may be considered. Page 3, 4 (a) Clarification of 100 or more persons per site. Page 5, No. 4 - clarify how the designation applies to employee parking area Clarification of fee and how the fee is determined. Substitute Section 7, "Compliance with AQMD". The motion carried as follows: AYES: 4 COMMISSIONERS: Blair, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Chiniaeff It was the consensus of the Planning Commission that staff bring this item back before the Commission on December 7, 1992 for review of changes. PUBLIC HEARING ITEMS Development AQreement No. 92-0013. Soecific Plan No. 219. Amendment No. 3, Vestino Tentative Tract Maps: No. 24182. Amendment No. 3.1st Extension of Time No. 24184. Amendment No. 3.1st Extension of Time PLANNING COMMISSION MINUTES NOVEMBER 16, 1992 No. 24185, Amendment No, 3, 1st Extension of Time No. 24186, Amendment No. 5, 1st Extension of Time No. 24187. Amendment No. 3, 1st Extension of Time No. 24188, Amendment No. 3.1st Extension of Time Addendure to Environmental Impact Reoort No. 235 Salad Naaseh presented the staff report. Scott Field advised on Page 27, Section 12.2, fourth line down, of the Development Agreement should read "...the cost incurred by owner for both of said parks...". Salad Naaseh advised of the following revisions to the Conditions of Approval: Vestino Tentative Tract MaDs No. 24182: Condition 36 and 38 combined. Conditions 47, 50 and 6(A.) modified per staff. Eliminated statement between Condition 7 and Condition 8. No. 24184: Condition 36 and 38 combined. Conditions 47, 50 and 6(A.) modified per staff. Eliminated statement between Condition 7 and Condition 8. No. 24185: COndition 37 and 39 combined. Conditions 48, 51 .and 6(A.) modified per staff. Eliminated statement between Condition 7 and Condition 8. Delete Condition No. 19. No. 24186: Condition 31 and 33 combined. Conditions 42, 45 and 6(A.) modified per staff. Eliminated statement between Condition 7 and Condition 8. Add Condition No. 48. No. 24187: Condition 30 and 32 combined. Conditions 41,43.n. and 6(A.) modified per staff. Eliminate the statement between Condition 7 and Condition 8. Amend Condition No. 14. No. 24188: Condition 45 and 47 combined. Conditions 56, 59 and 6(C) modified per staff. Add Condition 63. ' Amend Condition No. 6(A). Eliminate the statement between Condition 7 and Condition 8. FCMIN1 I/16/92 -4- 11131/g2 PLANNING COMMISSION MINUTES NOVEMBER 16, 1992 Revisions to the Development Agreement: Modifications to the following: Section 12.6.a, Section 12.8.b.c, Section 12.8.d., Lot 460, Lots 451,452 and 453, Lot 369 and Lot 352. Commissioner Ford expressed concern that there is no reference to specific improvements to the eight (8) acre park-site in the Development Agreement and requested that the requirements be clarified more specifically. Gary King advised that the applicant has been provided with a copy of the Parks Development Standards and in previous meetings, an agreement had been reached as to the improvements that were to be required. Commissioner Blair stated that she feels the language on Page 5, Item U (1) is inappropriate. Scott Field advised the finding can be deleted if the Commission does not agree with it. Chairman Fahey opened the public hearing at 7:55 P.M. Dennis O'Neil, 18881 Von Karman,//'1600, Irvine, CA, representing Bedford Development Corporation, expressed the applicant's concurrence with the staff report. Mr. O'Neil expressed that the applicant would agree to include a statement referencing the improvements to the eight (8) acre park site with the understanding that there may be further modifications as it goes through the review process. Mr. O'Neil expressed objection to the reference to Ordinance 460 in Section 12.6.a of the Development Agreement. Mr. O'Neil suggested that the condition be modified to read "developer will provide reasonable and primary and secondary access and drainage from De Portola and Campanula Way, subject to the approval of the City, and in accordance with reasonable standards". LeAnne Hamilton, 29845 Avenida Cima Del Sol, Temecula, expressed concern that staff look at adequate lighting, bike trails, storm water drainage and traffic safety in this area. Commissioner Hoagland stated he feels the density in Planning Area 6 is inappropriate and out of character for the City of Temecula and suggested that it remain 15.6 dwelling units per acre. Commissioner Ford concurred and suggested'that the Commission not take action on the Development Agreement until each map has been reviewed. Chairman Fahey declared a recess at 8:20 P.M. The meeting was reconvened at 8:35 'P.M. PLANNING COMMISSION MINUTES NOVEMBER 16, 1992 Commissioner Ford recommended the following modification to the Specific Plan Amendment, Page 5 of the staff report, second to last sentence "The addition of the park is a positive amenity to the area however, this addition may cause a higher density in planning area six...". Commissioner Hoagland stated that he could not support Finding I of the Specific Plan Amendment, which he feels is premature. Commissioner Hoagland added that regarding the language and changes related to densities, he would like to see the Planning Area Six target remain 15.6. Barry Brunnell, Turrini and Brink, 3242 Holliday Street, Santa Ana, provided information regarding the paseos. Mr. Brunnell stated that the densities in Planning Area 6 are consistent with Recital K (page 3 of the Development Agreement). Mr. Brunnell added that before any construction takes place in this Planning Area it will need to be reviewed and approved by the City. It was moved by Commissioner Hoagland, seconded by Commissioner Blair to change the Specific Plan Amendment to reflect a target density of 15.6 in Planning Area 6. AYES: 2 COMMISSIONERS: Blair, Hoagland NOES: 2 COMMISSIONERS: Ford, Fahey ABSENT: I COMMISSIONERS: Chiniaeff Commissioner Ford stated that the developer will have to show that the proposed density can be applied to the site by submittal of proper plans and open space amenides. Commissioner Hoagland stated that he feels the applicant's proposed density for Planning Area 6 is too dense for a very suburban, almost rural area. Commissioner Blair stated that she feels it is unfair to say one thing to the developer at a hearing and change directions when they come back to the Commission. It was moved by Commissioner Ford, seconded by Commissioner Fahey to approve all other changes to the Specific Plan reflected in the Amendment. The motion carried as follows: AYES: 4 COMMISSIONERS: BlaiY, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Chiniaeff PCMIN 11 / 16/92 -6,- 11131192 PLANNING COMMISSION MINUTES NOVEMBER 16, 1992 Commissioner Ford recommended the following modifications to the Extension of Time or1: VeStinQ Tentative Tract Mao No, 24182 Page 21, #9 "Provisions" changed to "provisions". Page 24, #38 control Page 26, #55 Page 26, #57(A)- New condition corrected to read "erosion planting". Referenced in 57 (A), delete. "should maintain" changed to "shall maintain" #57(B)- dBA.." Page 27, #67 Page 28, #70 #74 #75 Page 30, #86 Page 30, #88 Modified to state "constructed to maintain interior noise levels at 45 State which parks are to be or could be accepted for maintenance by the TCSD. Delete condition or delete "shall" and change to read "...may be maintained...". "will preclude" changed to "may preclude". Street and parkway landscape bonds should be kept separate. Amend to reed "or other devices as approved". Add in all other appropriate agencies. Robert Righetti, Senior Project Manager, land development, advised that the Conditions are staged so that the appropriate agencies are notified. Barry Brunnell stated that the applicant would concur with the modifications, however would request that Condition 88 remain as written. Commissioner Ford suggested that #139 on Page 36 be deleted. City Attorney Scott Field concurred. Commissioner Blair excused herself at 9:30 P.M. PCMIN 11/16/92 '7- 11/31/92 PLANNING COMMISSION MINUTES NOVEMBER 16, 1992 Vestino Tentative Tract Mao No. 24184 Commissioner Ford recommended the same changes above to the following Conditions: 9, 38, 62, 65, 69, 70, 81, and 132 in addition to the following: Page 40, #8 Add "parkways" after "open space,". Page 40, #10 Delete. Vestino Tentative Tract MaD NO. 24185 Commissioner Ford recommended the same changes as referenced for Map 24182 to the following Conditions: 9, 38, 63, 66, 70, 71, 82, and 135 with no other modifications. VestinQ Tentative Tract MaD No. 24186 Commissioner Ford recommended the same changes as referenced for Map 24182 to the following Conditions: 9, 33, .57, 60, 64, 65, 76, and 126 with no other modifications. VestinQ Tentative Tract Map No. 24187 Commissioner Ford recommended the same changes as referenced for Map 24182 to the following Conditions: 9, 32, 53, 56, 60, 61, 72, and 121 with no other modifications. VestinG Tentative Tract MaP No. 24188 Commissioner Ford recommended the same Changes as referenced for Map 24182 to the following Conditions: 9, 47, 72, 75, 79, 80, 91, and 145 with no other modifications. Barry Brunnell expressed concurrence with the modifications to the Vesting Tentative Tract Maps on behalf of the applicant. PLANNING COMMISSION MINUTES NOVEMBER 16, 1992 A straw vote was taken and the consensus of the Commission was to approve the Addendum to Environmental Impact Report No. 235. A straw vote was taken and the consensus of the Commission was to approve the Vesting Tentative Tract Maps, 1 st Extensions of Time with modifications. Commissioner Ford recommended the following modification to Item U (1) on Page 5 of the Development Agreement, "The opportunity for a residential/commercial project creating job opportunities, sales tax and tax revenues to the City", to address the Commissioner Blair's concerns. Dennis O'Neil, representing the applicant, advised they would agree to include language in the Development Agreement to describe the improvements to the eight (8) acre park site as the conceptual plan previously submitted to staff as recorded signed copy of listed improvements. Additionally, Mr. O'Neil stated the applicant would agree to the language in 12.6.a. as submitted by staff modified with the following statement "...or as otherwise approved by the City Engineer". Commissioner Hoagland suggested Section 12.1.1., Page 27, be modified by deleting the reference to "590". Dennis O'Neil indicated the applicant's concurrence. It was moved by Commissioner Hoagland, seconded by Commissioner Ford to close the public hearing at 10:00 P.M. and Adopt Resolution No. 92-037 approving Planning . Application No. 92-0013 (Development Agreement), Specific Plan No. 219, Amendment No. 3, The First Extensions of Time For Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, and Certifying the Addemdum to EIR No. 235, with the various changes as reflected in the minutes. The motion carried as follows: AYES: 4 COMMISSIONERS: Blair, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Chiniaeff PLANNING DIRECTOR REPORT None PCMIN11/16/92 -9- 11131/92 PLANNING COMMISSION MINUTES PLANNING COMMISSION REPORT None OTHER BUSINESS None ADJOURNMENT It was moved by Commissioner Hoagland, seconded by Commissioner Ford to adjourn to a special meeting on November 18, 1992, 6:30 P.M., Temecula City Hall Main Conference Room 43174 Business Park Drive, Temecula, California. The next regular meeting of the City of Temecula Planning Commission will be held on Monday, December 7, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Linda, Temecula, CA. NOVEMBER 16. 1992 Chairman Linda Fahey Secretary ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 4, 1993 Case No.: Change of Zone No. 22, Vesting Tentative Tract Map No. 26941 and Addendure to Environmental Impact Report No. 230. Prepared By: Craig D. Ruiz, Assistant Planner Saied NaaSeh, Associate Planner RECOMMENDATION: RECOMMEND Adoption of Resolution No. 93-__ recommending Approval of Change of Zone No. 22, Vesting Tentative Tract Map No. 26941 and the Addendum to Environmental Impact Report No. 230, based on the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Taylor Woodrow Homes,. California Limited REPRESENTATIVE: Trans-Pacific Consultants PROJECT NAME: Crowne Hill Estates PROPOSAL: A request for approval of a Change of Zone from Residential Agriculture, 5 acre minimum lot size (R-A-5) to Residential Agriculture, 2.5 acre minimum lot size (R-A-2~) for lots 6, 9, 12, 13, 17, 18, 26, 27, and 28 and from R-A-2 ~ to R-A-5 for a portion of lot 4 and a request for approval of a subdivision to include 28 custom single family lots on 133 acres. LOCATION: Northerly of De Portola Road, Southerly of Pauba Road, Easterly of Via Norte, and Westerly of Butterfield Stage Road. EXISTING ZONING: Residential Agriculture, 2.5 acre minimum lot size (R-A-2~) and Residential Agriculture, 5 acre minimum lot size (R-A-5) SURROUNDING ZONING: North: County South: Open Space Combining Zone (R-5) East: County West: One Family Dwellings (R-1) Residential Development (R-4) and Planned 1 ' R:~$%STAFFRPT~28941VTM.PC 12/30.i92 Idb PROPOSED ZONING: Residential Agriculture, 2.5 acre minimum lot size (R-A-2 ~) and Residential Agriculture, 5 acre minimum lot size (R-Ao5) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Vacant and Custom One Family Dwellings Vacant Vacant and Custom One Family Dwellings Vacant PROJECT STATISTICS Number of lots 28 Total Area 133.00 acres Average parcel size 4.75 acres Minimum lot size 2.50 acres Gross density 0.21 dwelling units per acre Excavation 196,800 cubic yards Import 1,200 cubic yards BACKGROUND Vesting Tentative Tract Map No. 26941 is a remapping of previously approved yet never recorded map. The previously approved Vesting Tentative Tract Map No. 23143, along with EIR No. 230, Development Agreement No. 26 and Design Guidelines were approved by the Riverside County Board of Supervisors in August of 1988. PROJECT DESCRIPTION The applicant is requesting approval to subdivide 133 acres into 28 custom single family lots. The lots will vary in size from 2.5 ecres to 10.6 acres. The project is zoned R-A-5 and R-A- 2~. Development Agreement No. 26 and the Design Guidelines that were previously approved with Vesting Tentative Tract Map No. 23143 apply to Vesting Tentative Tract Map No. 26941. The project site lies within two zoning districts, R-A-5 and R-A-2 ~. The request for zone change will change the zoning to conform with the design of the project. A portion of lots 8, 9, 12, 13, 17, 18, 26, 27 and 28 will change from R-A-5 to R-A-2~ and a portion of lot 4 will change from R-A~2 ~ to R-A-5. The eastern portion of the property is currently located within the 100-year flood plain and comprises approximately 9.5 acres. The 100 year flood plain runs through lots 4, 5, 6, 7, 8, and 10. The project has been conditioned to ensure that this portion of the property will be properly preserved as open space and no structures will be allowed (refer to Conditions No. 1 I and 16). 2 " R:%S~$TAFFRPT~26841VTM.PC 12/30/92 Idb The project's primary access will be provided from Crown Hill Drive. The construction and completion of this road will be required prior to Certificate of Occupancy for any of the lots with the project (refer to Condition No. 67). ANALYSIS One of the primary issues relating to the proposed project is grading. Grading for the site will involve approximately 198,000 cubic yards of cut and fill which will be primarily balanced on site. The project will require the import of approximately 1,200 cubic yards of fill. To minimize grading the project has been conditioned to insure that future grading and construction of pads will conform to the conceptual grading as shown on the Tentative Map (refer to Conditions No. 9 and 11 ). As this is an area of potential paleontological resources, a qualified paleontologist shall be required to monitor the grading of the site and supervise the recovery, cataloguing and curation of any fossil remains uncovered during grading (refer to Condition No. 20). When the Crowne Hill (Vesting Tentative Tract Map No. 23143) project was originally considered for approval, included within the 100-year flood plain was a proposed 8 acre Regional Biological Enhancement Area. The enhancement area was proposed to be used by Assessment District 159 for off-site mitigation for district's channelization of Temecula Creek project. Subsequent to the original approval of the Crowne Hill project, Assessment District 159 was required to provided on-site rather than off-site mitigation, thus eliminating the requirement for the enhancement area. The applicant will be required to remove all references to the enhancement area prior to the recordation of the final map (refer to Condition No. 18). Other environmental issues include the potential existence of Stephen's Kangaroo Rat and the California Gnatcatcher. The project has been conditioned to ensure these issues are properly . mitigated prior to any disturbance of the project site (refer to Conditions No. 7 and 18). The minimum lot size for the project will be 2~ acres and lot sizes for the project will vary from 2 ~ to 10 acres. The large lot design of the project is consistent with the neighboring lots to the north, south and east. The project will provide a buffer between the Crowne Hill Development which is composed of 5,000-6,000 square foot lots to the west and the large lots tO the east. ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The project is zoned Residential Agriculture, 5 acre minimum lot size (R-A-5) and Residential Agriculture, 2~ acre minimum lot size (R-A-2~). This project is proposing a zone change that will change 9 lots from R-A-5 to R-A-2~ and 1 lot from R-A-2~ to R-A-5. The total gross acreage of the site is 133 acres. The lot sizes for the project will range from 2.5 acres to 10.6 acres. The proposed project is consistent with the R-A development standards. The future General Plan Draft Preferred Land Use Map designates the site as Very Low Density Residential (0.2 to 0.4 dwelling units per acre) with a target density of 0.3 dwelling units per acre. The project density of .21 dwelling units per acre is compatible with the density and target density of the future General Plan. The proposed project is consistent with SWAP which designates the site as 2-4 dwelling units per 8cre. 3 R:~S~STAFFF~T~26941VTM.PC 12/30/92 Idb ENVIRONMENTAL DETERMINATION An Addendum to Environmental Impact Report No. 230 was prepared by Staff and no additional significant impacts were identified as a result of the filing of Vesting Tentative Tract Map No. 26941. Environmental Impact Report No. 230 included analysis of the area that comprises Vesting Tentative Tract Map No. 26941 along with Vesting .Tentative Tract Map No. 23143. Vesting Tentative Tract Map No. 26941 has not been changed significantly or altered the environmental impacts that were examined in Environmental Impact Report No. 230. The mitigation measures contained in the Conditions of Approval will be implemented in order to mitigate the impacts of the development. SUMMARY/CONCLUSIONS The proposed project meets the requirements of Ordinance 348, Ordinance 460 and the City's future General Plan. Conditions placed upon the project will insure that future development will not have excessive grading and will blend with the hillside topography. FINDINGS Change of Zone No. 22 There is a reasonable probability that Change of Zone No. 22 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the density of the project, .21 dwelling units/acre, is consistent with the Very Low Density Residential Land Use designation of tl~e future General Plan. Furthermore, the proposed R~A-2~ and R-A-5 zones will be consistent with the Very Low Density Residential Zoning District. There is not a likely probability of substantial detriment to, or interference, with the future General Plan if Change of Zone No. 22 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing large lot custom single family dwelling developments in the immediate vicinity and their underlying zones. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. The proposal will not have an adverse effect on the environment since mitigation measures of Environmental Impact Report No. 230 and the Addendum to Environmental Impact Report No. 230 have been incorporated to the project design and Conditions of Approval to reduce the impacts to a level of insignificance. Vesting Tentative Tract Map No. 26941 There is a reasonable probability that Vesting Tentative Tract Map No. 26941 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law, The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project, .21 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Very Low Density Residential. 4 " R:\$~$TAFF~T~26941VTM.PC 12/30/92 klb 10. 11. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are large lot custom single family dwellings and vacant land. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 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 welfare since all impacts have been mitigated to a level of insignificance. The project is compatible with surrounding land .uses since the proposed large lot custom single family dwellings are consistent with the existing large lot custom single family dwellings and the vacant land surrounding the project. The project as designed and conditioned will not adversely affect the built or natural environment as determined in Environmental Impact Report No. 230 and the subsequent Addendum for this project. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Impact Report, Environmental Impact Report Addendure and Conditions of Approval. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temacula. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water District's requirements. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1 ) by limiting the height of the future structures to 32 feet and requiring setbacks according to the Residential Agriculture (R-A) standards. The project has acceptable access by means Of dedicated right-of-way and has been conditioned to have secondary access from Vesting Tentative Tract Map No. 23143, Amendment No. 5 for the necessary right-of-way for access. 5 R:~S~STAFFRPT~26941VTM.pC 12/30/92 klb 12. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 23143 Amended No. 3 and Vesting Tentative Tract Map No. 22430. Vesting Tentative Tract Map No. 26941 and Change of Zone No. 22 will not result in any new or substantially increased environmental impacts. STAFF RECOMMENDATION: Attachments: RECOMMEND Adoption of Resolution No. 93- recommending Approval of Change of Zone No. 22, Vesting Tentative Tract Map No. 26941 and the Addendure to Environmental Impact Report No. 230, based on the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval. 5, 6. 7. Resolution No. 93- - blue page 7 Conditions of Approval - blue page 12 Exhibits - blue page 27 A. Vicinity Map B. SWAP C. Zoning D. Vesting Tentative Tract Map No. 26941 E. Zone Change No. 22 F. Tentative Tract Map 23143 Environmental Impact Report No. 230 - blue page 35 Addendum to Environmental' Impact Report No. 230 - blue page 36 Development Agreement No. 26 -blue page 38 Design Guidelines - blue page 39 6 R:~S~STAFFRPT~26941VTM.PC 12/30/92 klb ATTACHMENT NO. 1 RESOLUTION NO. 93- R:~S~STAFFI~T~26941VTM.pC 12/30/92 Idb RESOLUTION NO. 93- A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 22 TO CHANGE Tnv. ZONING PROM R-A-5 TO R-A-2% FOR FORTIONS OF LOTS 8, 9, 12, 13, 17, 18, 26, 27 AND 28 AND FROM R-A-2% TO R-A- 5 FOR A FORTION OF LOT 4 FOR VESTING TENTATIVE TRACT MAP NO. 26941, AND TO RECOMMEND APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 26941 TO SUBDIVH)E A 133 ACRE PARCEl. INTO 28 CUSTOM SINGLE FAMH.Y LOTS LOCATED SOUTH OF PAUBA ROAD, NORTH OF DE FORTOLA ROAD, EAST OF VIA NORTE AND WEST OF BLPITERFIt. I.D STAGE ROAD. WHI~.REAS, Taylor Woodrow Homes filed Change of Zone No. 22 and Vesting Tentative Tract Map No. 26941 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning COmmission considered said applications on January 4, 1993, at which time interested persons had an opportunity to testify sither in support or opposition; WHEREAS, at the conclusion of the Commission heaxing, the Commission recommended approval of said applications; NOW, THEREFORE, ~ PLANNING COMMISSION OF TffE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: 1. The city is proceeding in a timely fashion with the preparation of the general plan. 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. R:\S%STAFFI~T~26941VTM.PC 12/30/92 klb b. Them is little or no probability of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local OrdinanceS. B. The Riverside County General Pla~, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of said applications makes the foliowing findings, to wit: Change of Zone No. 22 1. Them is a reasonable probability that Change of Zone No. 22 will be consistent with the City' s future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the density of the project, .21 dwelling units/acre, is consistent with the Very Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-A-2~h and R-A-5 zones will be consistent with the Very Low Density Residential Zoning District. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan ff Change of Zone No. 22 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing large lot custom single family dwelling developments in the immediate vicinity and their underlying zones. 3. The project is compatible with surrounding land uses since the proposed large lot custom single family dwellings are consistent with the existing large lot custom single family dwellings and the vacant land surrounding the project. 4. The proposal will not have an adverse effect on the environment since mitigation measures of Environmental Impact Report No. 230 and the Addendum to Environmental Impact Report No. 230 have been incorporated to the project design and Conditions of Approval for Vesting Tentative Map 26941 to reduce the impacts to a level of insignificance. '- Vesting Tentative Tract Map No. 26941 1. There is a reasonable probability that Vesting Tentative Tract Map No. 26941 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the 9 +' RfiS~TAFFI~T~26941VTM.PC 12/30/92 ldb proposed density of the project, .21 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Very Low Density Residential. 2. Them is not a likely probability of substantial detriment to, or interference with the City' s future General Plan, fithe proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are large lot custom single family dwellings and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planaing and Zoning Law). 4. The project as designed and condition~d will not adversely affect the public health or weftare since all impacts have been mitigate. d to a level of insignificance. 5. The project is compatible with surrounding land uses since the proposed large lot custom single family dwellings are consistent with the existing large lot custom single family dwellings and the vacant land surrounding the project. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in Environmental Impact Report No. 230 and the Addendum for this project. 7. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Impact Report, and Conditions of Approval. 8. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and f'mds that the project density is consistent with SWAP and the future General Plan. AdditiOnally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 9. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water Distfict's requirements. 10. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures to 32 feet and requiting setbacks according to the Residential Agriculture (R~A) standards. 11. The project has acceptable access by means of dedicated fight-of-way and has been conditioned to have secondary access from Vesting Tentative Tract Map No. 23143, Amendment No. 5 for the necessary fight-of-way for secondary access. 10 R:%S\$TAFFRPT~26941VTM.PC 12/30/92 12. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified F_jR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 23143 Amended No. 3 and Vesting Tentative Tract Map No. 22430. Vesting Tentative Tract Map No. 26941 and Change of Zone No. 22 will not result in any new or substantially increased environmental impacts. F. As conditioned pursuant to Section 3, the Vesting Tract Map proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Addendure to Environmental Impact Report No. 230 was prepared for this project indicates that the proposed project will not have a significant impact on the environment with the incoq~oration of the mitigation measures into the project design. Section 3. Conditions. The City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 22 and Vesting Tentative Tract Map No. 26941, to subdivide a 133 acre parcel into 28 large lot custom single family lots located south of Pauba Road, north of De Portola Road, east of Via Norm and west of Butterfield Stage Road subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED this 4th day of January, 1993. LINDA FAHEY CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 4th day of January 4, 1993 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: * GARY THORNHILL SECRETLY 11 ' - R:~S~STAFFli°T~26941VTM,PC 12/30/92 Idb ATFACHMENT NO. 2 CONDITIONS OF APPROVAL 12 ' - R:~S~STAFFRPT~6941VllVI.PC 12/30/92 ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 26941 Project Description: To subdivide 133 acres into 28 Custom Single Family Residential Estate Lots. Assessor's Parcel No.: 952-030-002 952-030-003 952-030-007 952-030-010 Approval Date: Expiration Date: PLANNING DEPARTMENT GENERAL REQUIREMENTS: Within forty-eight (48) hours of the approval of this project the applicant/developer shall deliver to the Planning Department a cashiers Check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar (9850.00) fee, in compliance with AB 3158, re(~uired by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar (925.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460 unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the approval date. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The subdivider shall defend, indemnify, and I~old harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 26941, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the R:\S~STAFFRPT~26941VTM.PC 12/30/92 Idb 5. 6. 7. 10. 11. City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The development of this project shall be consistent with Development Agreement No. 26. The development of this shall project be consistent with the Design Guidelines prepared by Planning Design Solutions. All walls and fences shall be consistent with the approved Design Guidelines for location and materials. All monumentation within the project shall be consistent with the Planning Design Solutions Design Guidelines for location and materials. A biological assessment of the Gnatcatcher shall be required prior to issuance of grading permits, if the species is listed as endangered by the U.S. Fish and Wildlife and/or the California Department of Fish and Game. Necessary mitigation measures acceptable to these agencies shall be implemented prior to issuance of grading permits. Rough and precise grading plans shall be in substantial conformance with the approved Vesting Tentative Map Grading and Drainage Plan. Street trees shall be provided at approximately 60 foot intervals or a minimum of one tree per lot frontage as required in Section 13.1 or Ordinance 460. Covenants, Conditions and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Department. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. No lot or dwelling unit in the development shall be sold unless. a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 14 ' ' R:\S~STAFFRPT~26941VTM.PC 12/30/92 klb Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. The' CC&R's shall state that the developer of each individual lot shall develop in conformance with the building pad area as shown on the approved rough and precise grading plans. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. The CC&R's shall state that portions of lots 4-,5,6,7,8 and 10 are located within the 100-year flood plain and may not be disturb in any manner and no structures shall be constructed. An exhibit shall accompany the CC&R's to delineate this area. 12. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the Residential Agriculture (R-A-5 and R-A-2~) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. 13. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. PRIOR TO RECOROATION: 14. Subdivision phasing, if applicable, shall be subject to Planning Department approval. 15. Any delinquent property taxes shall be paid prior to recordati0n of the final map. 16. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: '- "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 230 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." 1 S R:~S~TAFFRPT~28841VTM,PC 12/30/92 "A portion of lots 4, 5, 6, 7, 8 and 10 are located within the 100-year flood plain and shall be maintained as permanent open space. This area shall not be disturbed in any manner and no structures shall be allowed." This area is to be identified on the ECS sheet. 17. A mitigation monitoring program shall be submitted to identify all environmental mitigation measures contained in the Conditions of Approval, Environmental Impact Report No. 230 and Addendure to Environmental Impact Report No. 230. This program shall identify the impacts, the mitigation measures, the stage of the development the mitigation measures are to be enforced and the resl~onsible party for monitoring the mitigation measures. All costs necessary to implement this program shall be the responsibility of the applicant. 18. The applicant shall delete all references to the Regional Biological Enhancement Area that are presently shown on the Tentative Map. PRIOR TO ISSUANCE OF GRADING PERMITS: 19. Necessary mitigation measures acceptable to the U.S, Fish and Wildlife and/or the California Department of Fish and Game shall be implemented prior to issuance of grading permits to reduce the impact of the project on K~Rats to a level of insignificance. If mitigation measures are unavailable, grading permits shall not be issued. A new K-Rat study may be re~luired if deemed necessary by the Planning Director. 20. A qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 21. An overall conceptual landscape plan shall be submitted to the Planning Department for approval prior to issuance of any grading permits. This plan shall highlight all the areas which will be landscaped including slopes within individual lots, common area slopes/open space, street trees, medians, etc. Construction landscape plans for each phase shall be submitted for approval to the Planning Department prior to issuance of any building permits for that phase. All common area landscaping for each phase shall be installed prior to issuance of the final for any house in that phase. All private parks within each individual phase shall be developed prior to issuance of the final for the first house on that phase. All graded slopes over three feet in height shall be landscaped and irrigated according to the City-Development Code. 22. An overall fencing plan shall be submitted to the Planning Department for approval prior to issuance of any grading permits which shall contain the following: A block, wrought iron, or a combination block and wrought iron wall shall be constructed along the westerly boundary of the project unless it has been previously constructed. 16 ' R:~S~$TAFFRPT~2e1941VTM.PC 12/30/92 klb For the easterly portion of the project that runs along the City boundary, the developer shall provide a block or wrought iron wall. At the applicants discretion, other materials, as approved by the Planning Director, can be provided along the property line. For the northerly area that borders the park site and the southerly area that borders the school and park site the developer shall provide a block, wrought iron, or a combination block and wrought iron wall. The placement of rear or side yard fencing on each individual lot is optional and is to be at the discretion of each individual home owner. If there is to be rear or side yard fencing, materials are to be approved by the Planning Director. PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 23. Individual homes on individual lots shall require Planning Department approval. 24. A detailed landscaping and irrigation plan, prepared by a licensed landscape architect, shall be submitted to the City Planning Department for review and approval prior to issuance of building permits. 25. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars (~100) per lot/unit shall be deposited with the City as mitigation for public library development. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 26. All landscaping and irrigation within each individual lot shall be installed in accordance with approved plans prior to the issuance of occupancy permit for that lot, If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. : 27. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. 28. All landscaping and irrigation outside individual lots shall be completed prior to issuance of the first occupancy permit. DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. 17 ' R:%S\STAFFRP'n26941VTM,PC 12/30/92 Idb It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may re~luire the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 29. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 30. An EncrOachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 31. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 32. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 33. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 34. All pad drainage shall be directed to appropriate drainage swales or devices. No concentrated drainage shall be conveyed over slopes except within concrete brow ditches or other approved drainage devices. 35. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 36. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; and U. S. Army Corps of Engineers; 37. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 18 ' R:~S~$TAFF~T~28941VTM,PC 12/30/92 klb 38. 39, 40. 41. 42. 43. 44. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. A permit from the U. S. Army Corps of Engineers is required prior to pulling any permits for construction, as outlined in the Department of the Army letter, dated December 4, 1991. 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 been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A hydrology/hydraulic study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage' and flood protection facilities which will protect all structures by diverting site runoff to streets or.approved storm drain facilities as directed by the Department of Public Works. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. The impact to the site from any flood zone as shown on the FEMA flood hazard map and any necessary mitigation to protect the site. D. Identify and mitigate impacts of grading to any adjacent floodway. The location of existing and post development lO0-year floodplain and floodway shall be shown on the improvement plan, Minimum flowline grade in earthen swales shall be 1.0% unless otherwise approved by the Department of Public Works. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 1 g R:\S~STAFFRPT~28941VTM.PC 12/30/92 kJb 45. 46. 47. 48. PRIOR 49. 50. 51. Concrete lined drainage swales with energy dissipaters will be required to protect all slopes and structures. Runoff to streets or to storm drains shall be kept substantially free of all rocks and debris. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. Prior to issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for im pact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, utilities, street lights, driveways and drainage facilities shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles for improvements within public right of way) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207 and 401 (curb and sidewalk). Street lights shall be installed along Via Del Monte, Cee Cee Lane and Castell Way adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works~ Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. 20 " R:~,S\STAFFRPT~26941VTM.PC 12/30/92 klb 52. 53. 54. 55. 56. 57. 58. 59. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. Private driveways from street to residence shall be a minimum width of 16 feet of A.C, Paving or P.C.C. Concrete, H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. I. All fire truck turnarounds shall be fully paved with material consistent with the driveway improvements. J. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. K. A minimum of 150 feet of traffic stacking area shall be provided between any gated entry and intersecting streets. A Turnaround with a minimum 38-foot radius shall be provided before the gated entry. I. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department 'of Public Works. Improvement plans per City Standards for the private streets shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans. All driveways shall be located a minimum of two (2) feet from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any lane closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 21 '- R:~S%STAFFRPT%28941VTM.pC 12/30192 klb PRIOR TO RECORDATION OF FINAL MAP: 60. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 61. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Parks and Recreation Department; General Telephone; Southern California Edison Company; Southern California Gas Company; and U. S. Army Corps of Engineers 62. Legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 63. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 22 ' - R:%$\STAFFRPl'~26941VTM.PC 12/30/92 Idb 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. Cee Cee Lane from Orlinda Drive to Lisa Road and Via Del Monte shall be improved with 20 feet of asphalt concrete pavement plus one 12-foot lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Castell Way shall be improved with 22 feet of asphalt concrete pavement plus one 12- foot lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). All interior private streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated easements in accordance with Ordinance 460 and City Standard No. 104, Section A (60'/40'). Sidewalks shall be constructed on a minimum of one side of the street as directed by the Department of Public Works, In the event that Crowne Hill Drive is not constructed by Assessment District No. 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for a minimum of 32' of street improvements within a 60- foot right-of-way per City Standard No. 106, Section B (60'/32'). The improvements shall be constructed prior to occupancy. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the of.f-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Castell Way and shall be included in the street improvement plans. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. A 60 foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets. Corner property line cut off shall be required I~er Riverside County Standard No. 805. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. Easements for sidewalks for public uses shall be dedicated where sidewalks meander through private property. 23 '- R:~S~STAFFRPT~28941VTM.PC 12130/92 kJb 75. 76. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: A. The delineation of the area within the 100 - year floodplain. B. Special Study Zones. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded witl~ any underlying maps related to the subject property. 78. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works e cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 79. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR 80. 81. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 24 R:\S\$TAFFRPT~26841VTM.PC 12/30/92 82. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2,00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 83. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all public streets. 84. All signing and striping shall be installed per the approved signing and striping plan. 85. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 86. Landscaping shall be installed in place in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. OTHER AGENCIES: 87. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittal dated October 31, 1991, a copy of which is attached. 88. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated February 22, 1988, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 89. The applicant shall comply with the fire improvement recommendations outlined in the County of Riverside Fire Department's letter dated August 31,1992, a copy of which is attached. 25 " R:\S\STAFFRPT~28941VTM.PC 12/30/92 kJb 90. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated October 31, 1991, a copy of which is attached. 91. The applicant shall comply with the recommendations outlined in the Army Corps of Engineers transmittal dated December 2, 1991, a copy of which is attached. 92. Applicant shall comply with the recommendations outlined in the Temecula Valley Unified School District transmittal dated December 3, 1992. TEMECULA COMMUNITY SERVICES DEPARTMENT 93. Prior to recordation of the Final Map, the applicant or his assignee shall pay the fair market value of .36 acres of parkland to comply with City Ordinance No. 460.93 (Quimby). The amount to be paid shall be determined by TCSD staff within thirty (30) days prior to the recordation of said map. 94. Exterior slopes (as defined as: Those slopes contiguous to residential streets that have a width of 66' or greater), shall be offered for dedication to the City of Temecula for maintenance purposes following compliance to TCSD standards and completion of the application process. All other slopes and open space shall be maintained by an established Home Owners' Association (HOA). 95. All proposed slopes and open space intended for dedication to the City of Temecula shall be identified on the Final Map by numbered lot, with the square footage of said lot number indexed as proposed City Maintenance area. 96. Prior to the recordation of the final map, the subdivider shall construct or post security and an agreement shall be executed, guaranteeing the construction of all proposed TCSD landscape maintenance areas. Landscape construction drawings for project areas identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff. 97. Construction of proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and City Maintenance Superintendent, Failure to comply with the TCSD review process will preclude acceptance of these areas into the TCSD maintenance program. 98. It shall be the developer's or assignee's responsibility to disclose the existence of the Temecula Community Services District and its service level assessments to all prospective purchasers. This disclosure shall be in the form acceptable to the TCSD and made available to staff for their review, as set forth acceptable to the TCSD and made available to staff for their review, as set forth in Section 2795.1 of the regulations of the Real Estate Commissioner.'- 99. Prior to the issuance of any building permit, the developer shall submit the current list of Assessor's Parcel Numbers (APN) to the assigned tract. 26 ' R:%S%STAFFRPT~26941VTM.PC 12/30/92 klb DEPARTMENT OF HEALTH COUNTY OF RIVERSIDE 4065 COUNTY CIRCLE DR. RIVERSIDE, CA. 92505 (Mailin9 Address - P.O. BDX 7600 92513-7600) October 31, 1991 CITY 0FTEMECULA Planning Department 49174 Business Park Drive Temecula, CA 92590 ATTN: Richard Ayala: RE: VESTING TENTATIVE TRACT MAP N0. 26941: BEING A RESUBDIVISION OF PARCEL MAP 22429 AS SHOWN IN BOOK 17 PAGES 14 THROUGH 19 RESPECTIVELY ON FILE IN THE 0~P-ICE OF COUNTY RECORDER, COUNTY OF RIV~2~SIDE, STATE OF CALIFORNIA. (28 lots) Dear Gentlemen: The Department of Public Health has reviewed Vesting Tentative Tract Map No. 26941 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate. with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the City of Temecula. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5. Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code. Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered englneer and water company with the following certification: "I certify that the design of the water system in Vesting Tentative Tract Map 26941, is in accordance with the water system expansion plans of the Rancho California Water District and that the water s~rvices, storage, and distribution system will be adequate to provide water service to such Vesting Tentative Tract Map." City of Temecula Planning Dept. Page Two Attn: Richard Ayala October 31, 1991 This certification does not constitute a guarantee that it will supply water to such Vesting Tentative Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company. The plans must be submitted to The City of Temecula's Office to review at least two weeks Drier to the request for the recordation of the final maD. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made prior to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate. along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Vesting Tentative Tract Map No. 26941 is in Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Vesting Tentative Tract Map. City of Temecula Page Three Attn: Richard Ayala October 31, 1991 The plans must be submitted to the City of Temecula's Office to review at least two weeks prior to the request for the recordation of the final map. It will be necessary for financial arrangements to be completely finalized prior to recordation of the final map. Sincerely, Sam Martinez.~.E.H.S. IV Environmental Health Services SM:dr RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT February 22, 1988 Riverside County Planning Department County Administrative Center Riverside, California Attention: Specific Plans Ron Goldman Ladies and Gentlemen: Re: Vesting Tract 23143 Amended No. 1 Tentative Tract 23143 is a proposal to subdivide approximately q83 acres into 1,09~ residential lots; 2 open space lots and 1 park site in the Rancho California area. The property is on the east side of Butterfield Stage Road between Pauba Road and De Portola Road. Well defined natural watercourses carry storm runoff off of the property. The developer proposes to carry onsite runoff in the tract streets and storm drains. The onsite runoff would be out- letted into the natural watercourses. Following are the District's recommendations: 1. Part o~ this tract is located within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth'under the provi- sions of the "Rules and Regulations for Administration of Area Drainage Plans",. amended July 3, 198q:' 'a. Drainage fees shall be paid to the Road Commissioner as part of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waiyed, drainage fees shall be paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map; or At the option of the land divider, upon filing a re- quired affidavit requesting defermerit of the payment of fees, the drainage fees shall be paid to the Building.Director at the time of issuanoe of a grad- ing permit'or building permit for each approved par- cel, whichever may be first obtained after the recording of the subdivision final map or parcel map; however, '- Riverside County -2- February 22, 1988 Planning Department Re: Vesting Tract 23143 Drainage fees shall be paid to the Road Commissioner as a part of the filing for record of the subdiviaion final map or parcel map, or before receiving a waiver to record a land division, for each lot within the land division where construction activity as evi- denced by one of the following actions has occurred since May 26, 1981: (a) A grading permit or building permit has been obtained. (b) GradinS or structures have been initiated· Onsite storm runoff should be returned to existing flow conditions offsite. If storm runoff is diverted or con- centrated, a drainage easement should be obtained from the affected property owner. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordatiOn of the final map. Channels constructed along lot lines and brow ditches should be concrete lined. Graded slopes should be protected from erosion as needed. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. Onsite drainage facilities 'loCated outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". Offsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owner(S). The document(s) should be recorded and a copy submitted to the District prior to recordation of the final map. Riverside County Planning Department Re: Vesting Tract 231q3 -3- February 22, 1988 9. All lots should be graded to drain to the adjacent street or an adequate outlet. The 10 year storm flow should be contained within the curb and ~he 100 year storm flow should be contained within the street right of way. %(hen either of these criteria is exceeded, additional.drainage facilities should be installed. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided· A copy of the improvement plans, grading plans and final map'along with supporting hydrologln and hydraulic cal- culations should be submitted to the District for review and approval prior to retardation of the final map. Grading plans should be approved prior to issuance Of grading permits. A registered engineer must sign, seal and note his expiration date on plans and calculations submitted'. Questions concerning this matter may be referred to Ed Lotz of this office at 714/787-2333. Very truly yours, cc: Rancho Pacific Engineering KENNETH L. EDWARDS EWL:bab 210 WEST SAN JACINTO AVENUE · PERRIS, CALIFORNIA 923'70 C/I4) 657-3183 August 31, 1992 TO: CITY OF TEMECULA ATTN: PLANNING DEPT RE: TRACT NO: 26941 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: Schedule "B" fire protection approved standard fire hydrants, (6"x4"x2½") located one at each street intersection and spaced no more than 660 feet apart in any direction, with no portion of any lot frontage more than 330 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be installed and accepted. by the appropriate water agency prior to any combustible building material being placed on an individual lot. All buildings shall be constructed with fire retardant roofing material as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "B" rating and shall be approved by the Fire Department prior to installation. Prior to the recordation of the final map, the developer shall deposit vith the City of Temecula, a cash sum of $400.00 per lot/unit as miti~ation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring said payment to the time of issuance of th~ first building permit. /g.133 Commzv ~.~ ~ ~ F. ~ C.A 9ZZO: ~-in aooroved Knox Key Ooerated Switch shall be ine~alled it: the control oanel of each of the roadway access mates along McMahon Dr. Plans and soeclflcat~ons for the electric gate anm control oanel shall be submittec! arid aooreved bv t~,e Fire Demartment Ai ~ o ~estz. n s re,mardin~ the meanin~ of conditions shal i be f.~_rred to the Flanning and Engineering Staff. .RAYMOND H. REGIS Chief F~re Department Planner M~cr, aei c Gray. Fire Ca0tain SOecial ist ht r October 31, 1991 RECEIVED NOV ! 3 1991 Ans'd ............ John F. Hennigsr Mr. Richard Ayala City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92590 Water Availability Vesting Tract Map 26941 Dear Mr. Ayala: 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 signing an Agency Agreement which assigns water management fights, if any, to If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineedng SB:SD:ajth269 cc: Senga Doherty, Engineering Technician office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY December 4, 1991 Taylor Woodrow Homes 4921 Birch Street #110 Newport Beach, California 92660 Gentlemen: It has come to our attention =that you plan to construct a housing development, South of Paube Road and West of Via Del Monte in the City of Temecula, Riverside County, California. A grading and drainage plan for the Crowne Hill Estates site (Tentative Tract #26941) prepared by Ranpac Engineering Corporation indicates several possible "waters of the US" which will be impacted by your proposed development. This activity may require a U.S. Army Corps of Engineers permit. A Corps of Engineers permit is required for: 1. Work or structures in or affecting the "navigable waters of the United States", including adjacent wetlands; construction of a pier, wharf, bulkhead or jetty, dredging, dredge disposal, filling and excavation are examples of work or structures affecting navigable waters; 2. The discharge of dredged or fill material into the "waters of the United States", including adjacent wetlands; placing bank protection, temporary or permanent stock-piling of excavated material, grading roads, any grading (including vegetative clearing operations) involving filling 10w areas or leveling the land, and construction of weirs, diversions, approach fills or other structures involving the placement of fill material are examples of activities involving the discharge of dredged or fill material; 3. The transportation of dredged or fill material for the purpose of dumping it into ocean waters; 4. Any combination of the abo~e.- . Enclosed you will find a permit application form and a pamphlet that describes our regulatory program. If you have any questions, please contact Antal Szijj of my staff at (213) 894- 5606. Please refer to this letter in your reply. Sincerely, Jonathan R. Freedman Chief, Southern Section Enclosures cf: David James, Ranpac Eng. Corp. Saied Nasseh, City of Temecula, Planning Dept. TEMECULA VALLEY Unified School District SUPERINTENDENT Pitrlcia B. Novomey. Ed.O.. December 3, 1992 RECEIVED DEC 0 1992 CiTY O; TEMECUL/& BOARD OF EDUCATION Dr. David Eurich City of Temecula 43172 Business Park Drive Temecula, CA 92390 Attention: Mr. Craig Ruiz Re: Tentative Tract Map 26941, CZ No. 22 Dear Mr. Ruiz, Thank you for the opportunity to comment on the above referenced tentative tract map. We would like to provide the following information concerning the Crowne Hills Estate Lots. It has been brought to our attention that the private roads contain sidewalks only on one side of the street. Since the safety of school children walking to and from school is a primary concern of the school district, we therefore request that sidewalks be provided for both sides of the street. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula Valley Unified School District ySt~ 31350 Rancho Vista Road / Temecula, CA 92592 / (714) 676-2661 ATTACHMENT NO. 3 EXHIBITS R:%S%STAFFRPT%26941VTM.pC 12/30/82 klb CITY OF TEMECULA N · ' . . PROJECT SITE N.T.S. CASE NO.: Vesting Tentative Tract Map No. 26941 EXHIRIT: A P.C. DATE: January 4, 1993 R:~S~TAFFRPT~26941VTM.PC 12129/92 CITY OF TEMECULA 1 ,\ CASE NO.: Vesting Tentative Tract Map No. 26941 EXBTRIT: B DRAFT GENERAL PLAN LAND USE DESIGNATION P.C. DATE: January 4, 1993 R:XS\STAFFRPT~26941VTM.PC 12/29/92 kJb CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 26941 EXHIBIT: C P.C. DATE: January 4, 1993 SWAP MAP R:XSXSTAFFRPTX28941V'rM.PC 12129192 klb CITY OF TEMECULA 2W SITE // - CASE NO.: Vesting Tentative Tract Map No. 26941 EXttlRIT: D P.C. DATE: January 4, 1993 \ \ ~ R-A-2 / ~,~ ZONING MAP R:\S',STAFFRPT~2694,1VTM.PC 12129/92 klb CITY OF TEMECULA VESTING TENTATIVE TRACT MAP NO. 26941 / ~ l ........ ..~ ....1 - CASE NO.: Vesting Tentative Tract Map No. 26941 EX~mIT: E VESTING TENTATIVE TRACT MAP NO. 26941 P.C. DATE: January 4, 1993 R:\SXSTAFFRPT~26941VTM.pC 12/29/92 Idb CITY OF TEMECULA CHANGE OF ZONE NO. 22 CASE NO.: Vesting Tentative Tract Map No. 26941 EXHIBIT: F CHANGE OF ZONE NO. 22 P.C. DATE: January 4, 1993 '~ R:~S\STAFFRPT~26941VTM.PC 12/29/92 klb CITY OF TEMECULA REVISi~D VESTING TENTATIVE TRACT MAP NO. 23143 '! ,,.-.-...:- _ ; ..-...-. Hill CASE NO.: Vesting Tentative Tract Map No. 26941 EXHIBIT: G VESTING TENTATIVE TRACT MAP NO. 23143 P.C. DATE: January 4, 1993 R:~S~STAFFRPT~26941VTM.PC 12129192 klb ATTACHMENT NO. 4 ENVIRONMENTAL IMPACT REPORT. NO. 230 R:\S~STAFFRPT~26941VTM,PC 12/30/92 Idb A'R'ACHMENT NO. 5 ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 230 36 R:~S~STAFFRPT~26941VTM.PC 12/30/92 klb ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 230 The Riverside County Board of Supervisors certified Environmental Impact Report (EIR) No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 23143. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Environmental Impact Report No. 230 was originally prepared for Specific Plan No. 229, Vesting Tentative Tract Map No. 23143 (Crowne Hill) and Vesting Tentative Tract Map No. 22430. Subsequently Specific Plan No. 229 and Vesting Tentative Tract Map No. 22430 were withdrawn from consideration. Vesting Tentative Tract Map 23143 and an Addendure to EIR No. 230 were approved by the Temecula City Council in August of 1990. The area that comprises Vesting Tentative Tract Map N0. 26941 (Crowne Hill Estates) is a remainder parcel of Vesting Ten1~ative Tract Map No. 23143. Vesting Tentative Tract Map No. 26941, with minor exceptions to the circulation pattern and the removal of six acres from the northeast corner of the map, is unchanged from the original project that was approved by the Riverside County Board of Supervisors. The modified circulation pattern and removal of the northeast corner of the map will not result in any new or increased significant impacts. The Conditions of Approval are adequate to mitigate any potential significant impacts to levels of insignificance. Pursuant to Section 15164 of the California Environmental Quality Act, this addendure has been prepared to demonstrate that the changes resulting from the proposed Change of Zone No. 22 and Vesting Tentative Tract Map No. 26941 will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. By modifying the proposed circulation and removing six acres from the northeast corner of the map the revised project will not increase the level of impacts on the environment and on public facilities and services. 37 R:%S~STAFFRP~28841VTM,pC 12/30/92 klb ATTACHMENT NO. 6 DEVELOPMENT AGREEMENT NO. 26 38 R:~S~$TAFFRPT~26941VTM.PC 12/30/92 Idb Recorded at request of Clerk. Board of Supervisors County of Riverside When recorded return to Riverside County Planning Director 4080 Lemon Street. 9th Floor Hiverside. CA 92501 DEVELOPMENT AGREEMENT NO. 26 A DEVELOPMENT AGREEMENT BETWEEN COUNTY OF .RIVERSIDE and TAYLOR WOODROW HOMES CALIFORNIA. LIMITED Butterfield Stage Ranch VESTING TENTATIVE TRACT MAPS NO. 22430 AND NO. 23143 Development Agreement No. 26 TABLE OF CONTENTS SECTION 1,1 1,1,1 1,1,2 1,1,3 1,1,4 1,1,5 1,1,6 1,1,7 1,1,8 1,1,9 1,1,10 1,1,11 1,1,12 1,1,13 1;1,14 1,1,15 1,1,16 1,1.17 1,2 2.1 2,2 2,3 2,4 2,4,1 2,4,2 2,4,3 2,4,4 2.4.5 2.5 2,6 2,7 HEADING RECITALS DEFINITIONS AND EXHIBITS Definitions Agreement COUNTY Development Development Approvals Development Exaction , Development Plan , Effective Date Existing Development Approvall Existinq Land Use Regulations Land Use Regulations , ~ OWNER Mortgagee Project , Property Reservations o[ Authority Subsequent Development Approvals Subsequent Land Use Regulations Exhibits GENERAL PROVISIONS Binding E[fect of Agreement OWnership of Property Term , Assignment .... ~ Right to Assign ...... Release o[ Transferrin~ Owner Subsequent Assignment Partial Release of Purchaser, Trans[eree, or Assignee of InduStrial or Commercial Lot , Termination of Agreement With Respect to.Individual Lots Upon Sale to Public and Completion PAGE 5 6 6 6 6 7 1 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 5' 7 oZ Construction , , 7 Amendment or Cancellation or Agreement 8 Termination 8 Notices 8 SECTION HEADING PAGE 3.1 3.2 3.3 3.4 3.5 3.6 3.6.1 3.6.2 3.6.3 3.6.4 3.7 3.8 3.9 3.10 3.11 4.1 4.2 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.3 6.2 6.3 6.4 6.5 6.6 7.2 7.3 DEVELOPMENT OF THE PROPERTY 10 Rights to DeVelop ~0 Effect of Agreement on Land Use Regulations 10 Timing of Development ...... 10 Phasing Plan Changes and Amendments . . Reservations of Authority ll ll Limitations. Reservations and ExceptionS. 11 Subsequent Development Approvals Modification or Suspension by State or Federal Law . 13 Intent 13 Public Works 13 Provision of Reel Property Interests by COUNTY .... 13 Regulation by Other PGb~iG Agencies 14 Tentative Tract Map Extension 14 Vesting Tentative Maps 14 PUBLIC BENEFITS 14 Intent ............ Public Facilities and Services Mitigation Fee Amount and Components of Fee Time .of' Payment Reduction for Low-Occupancy Annual Fee Adjustment Credits Continuation of Fees 14 15 15 15 15 16 16 16 FINANCING OF PUBLIC IMPROVEMENTS 17 REVIEW FOR COMPLIANCE Periodic Review 17 Special Review '.-. . 17 Procsdure ........ 17 Proceedings'U~on Modification or Termination ............ 18 Hearing on Modification or Termination 18 Certificate of Agreement Compliance INCORPORATION AND ANNEXATION . 19 Intent .... Incorporation Annexation 19 19 19 SECTION HEADING PAGE 8.1 8.2 8.3 8.4 8.5 9.3 9.4 9.5 9.6 10. 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 DEFAULT AND REMEDIES . Remedies in General Specific Performance · Release Termination or Modification of Agreement for Default of OWNER Termination of Agreement for Default of COUNTY THIRD PARTY LITIGATION . General Plan Litigation . . Third Party Ligitation Concerning Agreement Indemnity . Environment Assurances Reservation of Rights Survival . MORTGAGEE PROTECTION MISCELLANEOUS PROVISIONS Recordation of Agreement Entire Agreement Severability Interpretation and Governing Law Section Headings Singular and Flur~l Joint and Several Obligations Time of Essence Waiver No Third Party Beneficiaries Force Majeure Mutual Covenants Successors in Interest Counterparts Jurisdiction and Venue Project as a Private Undertaking Further Actions and Instruments Eminent Domain . . Agent for Service of Process Authority to Execute Signatures 19 19 20 20 20 21 21 21 22 22 22 22 23 23 24 24 24 24 24 25 25 25 25 25 25 25 25 26 26 26 26 26 26 27 27 27 iii DEVELOPMENT AGREEMENT NO. 26 This Development Agreement (hereinafter "Agreement") is entered into effective on the date it is recorded with the Riverside County Recorder (hereinafter the "Effective Date") by and among the COUNTY OF RIVERSIDE (hereinafter "COUNTY")° and the persons and entities listed below (hereinafter "OWNER"): TAYLOR WOODROW HOMES CALIFORNIA. LIMITED. a California corporation. RECITALS WHEREAS. COUNTY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. pursuant to Section 65864. et seo. of the Government Code: and. WHEREAS. COUNTY has adopted rules and regulations for consideration of development agreements, pursuant to Section 65865 of the Government Code: and. WHEREAS, OWNER has development agreement and accordance with the rules requested' COUNTY to enter into a proceedings have been taken in and regulations of COUNTY: and. WHEREAS, by electing to enter.into this Agreement, COUNTY shall bind future Boards of Supervisors of COUNTY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of COUNTY: and. WHEREAS, the undergone extensive and have been found terms and conditions of this Agreement have review by COUNTY and the Board of Supervisors to be fair. just and reasonable: and, WHEREAS. the. best interests of the citizens of Riverside County and the public health. safety and welfare_will be served bt entering into this Agreement: and. WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement: and, WHEREAS, this Agreement and the Project are consistent with the Riverside County Comprehensive General Plan and any Specific Plan applicable thereto; and, -1- WHEREAS, all actions taken and approvals given by COUNTY have been duly taken or approved in accordance with all applicable legal requirements for notice. public hearings. findings. votes. and other procedural matters; and. WHEREAS. development of the Property in accordance with this Agreement will provide substantial benefits to COUNTY and will further important policies and goals of COUNTY: and. WHEREAS. this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property. ensure progressive installation of necessary improvements. provide for public services appropriate to the development of the Pro)err, and generally serve the purposes for which development agreements under Sections 65864. et seq. of the Government Code are intended; and. WHEREAS. on June 28. 1988. Special Assessment District No. 159 (Rancho Villages) was formed by County Resolution No. 88-192 pursuant to a petition. executed by OWNER. requesting the District to be formed and consenting to said District being formed to provide a financing mechanism to pay for the construction of certain public facilities that would benefit the · Property and OWNER advanced those monies needed to pay all costs associated with forming said District and retained and paid civil engineers to design and engineer the public facilities to be constructed. and said public facilities were designed to benefit the Property and certain of the facilities may have been oversized to benefit adjacent properties and the public at large; and. WHEREAS. OWNER has incurred and will in the future incur substantial costs in ord6r to assure development of the Property in accordance with this Agreement; and. WHEREAS. OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. /// /// III III III III III III -2- COVENANTS NOW, TIiEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 Agreement. "Agreement" means this Development 1.1.2 "COUNTY" means the County of Riverside. a political subdivision of the State of California. 1.1.3 "Development" means the improvement of the Property for the purposes of completing the structures. improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property: the construction of buildings and structures: and the installation of landscaping. "Development" does not include the maintenance, repair. · reconstruction or redevelopment of any building, structure. improvement or facility after the construction and completion thereof. 1.1.4 "Development Approvals" means all permits and other entitlements for use subject to approval or issuance by COUNTY in connection with development of the Property including. but not limited to: (a) Specific plans and specific plan amendments: (b) Tentative and final subdivision and parcel maps: ., (c) Conditional use permits. public use permits and plot plans: (d) Zoning: (e) Grading and building permits. 1.1.5 "Development Exaction" means any requirement of COUNTY in connection with or pursuant to. any Land Use Regulation or'Development Approval for the dedication of land. the construction of improvements or public facilities. or the payment of fees in order -3- to lessen. offset. of development on interests. mitigate or compensate for the impacts the environment or other public 1.1.6 ,'Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.7 "Effective Date" means the date this Agreement is recorded with the County Recorder. 1.1.8 "Existing Development Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals which are a matter of public record on the Effective Date. 1.1.9 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit "D" and all other Regulations which are a matter o= public record on the Effective Date. 1.1.10 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of COUNTY governing the development and use of.land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property. "Land Use Regulations" does not include any COUNTY ordinance. resolution, code, rule, regulation or o~ficial policy, governing: (a) The conduct of businesses. professions. and occupations: (b) Taxes and assessments';' (c) The control and abatement of nuisances: (d) The granting or encroachment permits and the conveyance of rights and interests which provide for the use o~ or the entry upon public property: (e) The exercise of the power of eminent domain. 1.1.11 "OWNER" means the persons and entities listed as OWNER on page 1 oi this Agreement and their successors in interest to all or any part of the Property. -4- 1.1.12 '*Mortgagee*' means a mortgagee of a mortgage. a.beneficiary under a deed of trust or any other security-device lender. and their successors and assigns. 1.1.13 .'Project" means the development of the Property contemplated by the Development Plan as such Plan may be further defined. enhanced or modified pursuant to the provisions of this Agreement. 1.1.14 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to Agreement. this 1.1.15 "Reservations of Authority" means the rights and authority excepted ~rom the assurances and rights provided to OWNER under this Agreement and reserved to COUNTY under Section 3.6 of this Agreement. 1.1.16 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. 1.1.17 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to. and by this reference made a part of. this Agreement: Exhibit "A" -- Legal Description of the Property. Exhibit "B" -- Map showing Property and its location. Exhibit "C" -- Existing Development Approvals. Exhibit "D" -- Existing Land Use Regulations. Exhibit "E" -- Fee Credits. 2. GENERAL PROVISIONS. 2.1 Bindina Effect of Aareement. The Property is hereby made sub)err to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 OwnerShip of PropertY. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof. 2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of lO (ten) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. 2.4 Assianment. 2.4.1 Riaht to Assist. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, e~ seq.. or Riverside County Ordinance No. 460) to any person, partners.hip, joint venture, firm or corporation at any time during the term of this Agreement: provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arisinq under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale. transfer or assignment of any right or interest under this Agreement shall be made unless made together w~th the sale. transfer or assignment of all or a part o~ the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify COUNTY, in writing. · of such sale. transfer or assignment and shall provide COUNTY with an executed agreement, in a form reasonably acceptable to COUNTY. by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure. o~ any purchaser. trans[eree or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens o= this Agreement shall be binding upon such purchaser, transferee or assignee. but the benefits oZ this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 2.4.2 Release o~ Trans~errinQ Owner. Notwithstanding any sale. transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by COUNTY, which release shall be provided by COUNTY upon the full satisfaction by such transferring OWNER of the following conditions: -6r (a) OWNER no longer has a legal or equitable interest in all or any part of the Property. (b) OWNER is not then in default under this Agreement. (c) OWNER has provided COUNTY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser. transferee or assignee provides COUNTY with security equivalent to any security previously provided by OWNER to secure performance o[ its obligations hereunder. 2.4.3 Subsequent AssiGnment. Any subsequent sale. transfer or assignment alter an initial sale. transfer or assignment' shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Partial Release o[ Purchaser. Transferee or Assignee of Industrial or Commercial Lot. A purchaser. transferee or assignee o[ a lot. which has been finally subdivided as provided for in the. Development Plan and for which a commercial or industrial plot plan for development o= the lot has been finally approved pursuant to the Development Plan. may submit a request. in writing. to COUNTY to release said lot from the obligations under this Agreement relating to all other portions of the property. Within thirty (30) days o~ such request. COUNTY shall review. and if the above conditions are satis=led shall approve the requ-~st for release and notify the purchaser. transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause. or otherwise affect. a release o= OWNER from its duties and obligations under this Agreement. 2.4.5 Termination o[ Aareement With Respect to Individual Lots UPOn Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease ([ora period longer than one year) oZ any lot which has been [inally subdivided and is individually (and not in "bul~") sold or leased to a member oZ the public or other ultimate user. Notwithstanding any other provisions oZ this Agreement. this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation o= any further document upon satis=action oZ both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased -7- (for a period longer than one year) to a member of the public or other ultimate user: and, (b) A Certificate of Occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid. 2.5 Amendment or Cancellation of Aareement. This Agreement may be amended or cancelled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of COUNTY or OWNER as provided by this Agreement. 2,6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approvinq this Agreement. (c) overriding Agreement. The adoption of a referendum measure or repealing the ordinance approving this (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by COUNTY or · applicable public agency of all required dedications. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to COUNTY for residential units on which construction has not yet begun shall be refunded co OWNER by COUNTY. 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited co, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. -8- (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postaqe and postal charges prepaid. and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to COUNTY: Clerk of the Board of Supervisors County of Riverside 4080 Lemon St.. 14th Floor Riverside, CA 92501 with copies to: County Administrative Officer County of Riverside 4080 Lemon St., 12th Floor Riverside. CA 92501 and Director Planning Department County o= Riverside 4080 Lemon St., 9th Floor Riverside, CA 92501 County Counsel County of Riverside 3535 Tenth St.. Suite Riverside. CA 92501 300 If to OWNER: Taylor Woodrow Homes Cali~rnia Limited 4921 Birch Street, Suite 110' Newport Beach, CA. 92660 Attn: Richard Pope with a copy and Dennis D. O'Neil. Esq. Pettis, Tester. Kruse & Krinsky 18881 Von Karman, 16th. Floor Xrvine, CA. 92715 Timothy L. Randall, Esq. Meserve, Mumper & Hughes 18500 Von Karman, Suite 600 Irvine, CA 92713 -9- , / (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the chanqs. 3. DEVELOPI~ENT OF THE PROPERTY. 3.1 RiQhts to DeveloP. Subject to the terms of this Aqreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain sxxbject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 3.2 Effect o~ Aqreement on Land Use Reaulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules. regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to'development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval. COUNTY Shall exercise its discretion in accordance with the Development Plan, and as provided by this. Agreement includinq. but not limited to, the Reservations of Authority. COUNTY shall accept for processing, review and action all applications.for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. 3.3 Timing of Develonment. The parties acknowledge that OWNER cannot at this time predict when or the'rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the gontrol of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems. appropriate within the exercise of its subjective business judgment, subject only to any timing or phaeinq requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4. -10- 3.4 Phasina Plan. Development of the Property shall be subject to all timing and phasinq requirements established by the Development Plan. 3.5 thansee and Amendments. The parties acknowledge that refinement and ~urther development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER ~inds that a chan~e in the Existing Development Approvals is necessary or appropriate. OWNER shall apply ~or a Subsequent Development Approval to e~ectuate such change and COUNTY shall process and act on such application in accordance with the Existing Land Use ReVulationso except as otherwise provided by this Aqreement includinq the Reservations of Authority. If approvedo any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit "C". and may be further changed ~rom time to time as provided in this Section. Unless otherwise required by law. as determined in COUNTY's reasonable discretion. a chanqe to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole: or, (b) Increase the density or intensity o~ use of the Property as a whole: or. -(c) Increase the maximum height and size permitted buildings: or. (d) Delete a requirement for the reservation or dedication o~ land for public purposes within the Property as a whole: or. (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. 3.6 Reservations of Authority. 3.6.i Limitations. Reservations and ExcePtions. Notwithstanding any other provision of ~his Agreement. the ~ollowing Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and. charges of every kind and nature imposed by COUNTY to cover the estimated actual costs to COUNTY of processing applications for Development Approvals or ~or monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records. hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the County's Building Code. Plumbing Code. Mechanical Code, Electrical Code. Fire Code and Grading Code. (d) Regulations imposing Development Exactions: provided, however. that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development ExactiOn is applied uniformly to development, either throughout the COUNTY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part. as the fees set forth in Section 4 of this Agreement. COUNTY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to .provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which areanot in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations which are in conflict with the Development Plan provided OWNER has given written consent to the application of such regulations to development of the Property. -12- 3.6.2 Subseauent DeveloPment APProvals. This Agreement shall not prevent COUNTY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent COUNTY from denying or conditionally approvinq any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 3.6.3 Modification or Suspension bY State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided~ however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that COUNTY is restricted in its authority to limit its police power by contract and that the foregoing limitations. reservations and exceptions are intended to reserve to COUNTY all of its police power which cannot be. so limited. This Agreement shall be construed. contrary to its stated terms if necessary. to reserve to COUNTY all such power and authority which cannot be restricted by contract. 3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to COUNTY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such Wor~ in the same manner and sub)ect to the same requirements as would be applicable to COUNTY or such other public agency should it have undertaken such construction. 3.8 Provision of Real Property Interests by COUNTY. In any instance where OWNER is require~ to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide or cause to be provided. the real property interests necessary for the construction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER'S provision of adequate security for costs COUNTY may reasonably incur. COUNTY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if -13- necessary, in accordance with the procedures established by law. use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8' is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER. except to the extent that the OWNER elects to proceed with the development of the Project. and then only in accordance with valid conditions imposed by the COUNTY upon the development of the Project under the Subdivision Map Act or other legal authority. 3.9 Reaulation bY Other Public Aaencies. It is acknowledged by the parties that other public agencies not within the control of COUNTY possess authority to regulate aspects of the development of the Property separately from or jointly with COUNTY and this Agreement does not limit the authority of such other public agencies. For example. pursuant to Government Code Section 66477 and Section 10.3S of Riverside County Ordinance No. 460. another local public agency may provide local park and recreation services and facilities and in that event. it is permitted, and therefore shall be permitted by the parties. to participate jointly with COUNTY to determine the location of land 'to be dedicated or in lieu fees to be paid for local park purposes. provided that COUNTY shall exercise its authority subject to the terms of this Agreement. 3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 664S2.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 Vestina Tentative Maps. If any tentative or final subdivision map. or tentative or final parcel map. heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seo.) and Riverside County Ordinance No. 460 and if this Agreement is determined by a final judgment to be invalid or unenforceable insolaf as it grants a vested right to develop to OWNER. then and ~ that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above. development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public -14- needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced commensurate public benefits. Accordingly. the parties intend provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. by 4.2 Public Facilities and Services Mitigation Fee. 4.2.1 Amount and Components of Fee. OWNER shall pay to COUNTY a public facilities and services mitigation fee in the total amount of $4277.00 for each residential unit constructed on the Property. which fee shall be comprised of.the following components: (a) Public Facilities Fee $1891 per Residential Unit (b) Regional Parkland Fee $350.00 per Residential Unit with $50.00 allocated for recreational trails (c) Habitat Conservation and Open Space Land Bank Fee $260.00 per Residential Unit (d) Public Services Offset Fee $1776.00 per Residential Unit The amount of the public facilities and services mitigation fee shall be adjusted annually as provided Subsection 4.2.4. in 4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be ~aid to COUNTY prior to the issuance of building permits for each residential unit. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement. but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re-issuance or extension of any building permit for a residential unit for which such fees have not previously been paid. 4.2.3 Reduction for Low-Occupancy Residential Units. The fees required pursuant to Subsection 4.2.1 shall be reduced by 33.3 percent for low-occupancy residential units. For the purposes of this Subset=ion. low-occupancy residential units shall be limited to the' following: .(a) One bedroom and studio apartments (family (b) Mobilehomes: (c) Residential units in developments that are legally restricted to occupancy by senior citizens pursuant tO Riverside County ordinance No. 348 Or state law. 4.2.4 Annual Fee Adjustment. The fees required pursuant to Subsection 4.2.1 shall be adjusted annually durin~ the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (a) Divide the CPI for month and year of the Effective Date into the CPI for the month ,immediately preceding the anniversary in which said fees are to be adjusted. (b) Multiply the quotient obtained by the calculation in Paragraph (a) above times said fees. (c). The result of the multiplication obtained in Paragraph (b) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement. such other government index or computation with which it is replaced shall be used in orderto obtain substantially the same result as would have been obtained if the CPI had not been discontinued. In no event shall the fees be less than the fees set forth in Subsection 4.2.1. 4,2,5 CreditS, OWNER shall be entitled to credit against the fees required pursuant to Subsection 4.2,1 for the dedication of land, the-construction of improvements or the p~yment of fees as Specifically set forth in Exhibit "E". To the extent that Subsection 4,2,4 results in an increase in the fees payable pursuant to 4,2,1(a), then the credit provided in this Subsection for Public Facilities as specified in Exhibit "E" shall be likewise increased by the same percentage. No increase in-the credits set forth in Exhibit "E" shall be allowed for any item which is not specifically identified as a Public Facility Credit on Exhibit "E". 4.3 Continuation of Fees. Should all or any portion of Property become part of a' city or another county. the fees payable pursuant to Section 4.2 shall remain and still be payable to COUNTY on the following basis: -16- (a) Fees under 4.2.1(a) shall be payable at the rate of five and three tenths percent (5.3%) thereof to COUNTY and the remainder to such city or other county. (b) Fees payable under Subsections 4.2.1(b) and (c)' shall be fully payable to COUNTY. (c) Fees under Subsection 4.2.1(d) shall be payable at the rate of one-third (1/3) thereof to such city or other county and the remainder to COUNTY. FINANCING OF PUBLIC IMPROVEMENTS. If deemed appropriate. COUNTY and OWNER will cooperate in the formation of any special assessmeEt district. community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. COUNTY also agrees that. to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements. OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoinq. it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring COUNTY or the COUNTY Board of Supervisors to form any such district or to issue and sell bonds. 6. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The Planning Director shall review this Agreement annually. on or before the anniversary of the Effective Date. in order to ascertain the good faith compliance by OWNEB with the terms of the Agreement. OWNER shall submit an Annual Monitoring Beport. in a form acceptable no the Planning Director. within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the Board of Supervisors. 6.2 Special Review. The Board of Supervisors may order a special review of compliance with this Agreement at any time. The Planning Director shall conduct such special reviews. Procedure. (a) During either a periodic review or a special review. OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on OWNER. (b) Upon completion of a periodic review or a special review, the Planning Director shall submit a report to the Board of Supervisors setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his recommended finding on that issue. (c) If the Board · evidence that OWNER has terms and conditions of be concluded. finds on the basis of substantial complied in good faith with the this Agreement, the review shall (d) If the Board makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement. the Board may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 8.4 of this Agreement shall be given to OWNER prior to or concurrent with. proceedings under Section 6.4 and Section 6.4 ProceedinuS UDOn Modification or Termination. upon a finding under Section 6.3. COUNTY determines to proceed with modification or termination of this Agreement. COUNTY shall give written notice to OWNEB of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing andshall contain: (a) The time and place of the hearing: (b) A statement as to whether or not COUNTY proposes to terminate or to modify the Agreement: and. (c) Such other information as is reasonably necessary to inform OWNEB of the nature of the proceeding. 6.5 Hearinn on Modification or Termination. At the time and place set for the hearing on modification or termination. OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Aqreement. The burden of proof on this issue shall be on OWNER. If the Board of Supervisors finds. based upon substantial evidence. that OWNER has not complied in good faith with the terms or conditions of the Agreement. the Board may terminate this Agreement or modify this Aqreement and impose such condi~ions as are reasonably necessary to protect the interests of the County. The decision of the Board of Supervisors shall be final. subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 6.6 CertifiCate of Aareement Compliance. If. at the conclusion of a Periodic or Special Beview. OWNER is found to 'be in compliance with this Agreement. COUNTY shall. upon request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent -18- Periodic or Special Review and based upon the information known or made known to the Planning Director and Board of Supervisors that (1) this Agreement remains in effect and (2) OWNER is not in default. The Cernificate shall be in recordable form. shall contain information necessary to communicate constructive record notice of the finding of compliance. shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the CountF Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER. COUNTY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review. but was concealed from or otherwise not known to the Planning Director or Board of Supervisors. 7. INCORPORATION AND ANNEXATION. 7.1 Intent. If all or any portion of the Property is annexed to or otherwise becomes a part of a city or another 9ounty. it is the intent of the parties that this Agreement shall survive and be binding upon such other jurisdiction. 7.2 Incorporation. If at any time during the term of this Agreement. a city is incorporated comprising all or any portion of the Property. the validity and effect of this Agreement shall be governed by Section 65865.3 of the Government Code. 7.3 Annexation. OWNER and COUNTY shall oppose. accordance with the procedures provided by law. the annexation to any city of all or any portion of the Property unless both OWNER and COUNTY give written consent to such annexation. 8. DEFAULT AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that COUNTY would not have entered into this Agreement if it were to be liable in damages under this ~reement. or with respect to this AgreemQnt or the application thereof. In general. each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement. except that COUNTY shall not be liable in damages to OWNER. or to any successor in interest of OWNER. or to any other person. and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement: or -19- (b) For the taking. impairment or restriction any right or interest conveyed or Provided under or pursuant to this Agreement: or (c) Arising out of or connected with any dispute. controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against COUNTY as provided in Section 8.1 above. (b) Due to the size. nature and scope of the project. it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. A=ter such implementation. OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the, Project in agreeing to the terms of this Agreement and will be i-nvesting even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement. and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. 8.3 Release. Except for nondamage remedies. including the remedy of specific performance and judicial review as provided for in Section 6.5. OWNER. for itself. its successors and assignees. hereby releases the COUNTY. its o=ficers. agents and employees from any and all claims. demands. actions. or suits o~ any kind or nature arising out o~ any liability. known or unknown. present or future. including. but not limited to. any claim or liability. based or asserted. pursuant to Article I. Section 19 o~ the California Constitution. the Fi~th Amendment of the United States Constitution. or any other law or ordinance which seeks to impose any other liability or damage. whatsoever. upon the COUNTY. because it entered into this Agreement or because of the terms of this Agreement. 8.4 Termination or Modification of Aareement for Default o~ OWNER. Subject to the provisions contained in Subsection 6.5 herein. COUNTY may terminate or modify this Agreement for any failure o= OWNER to perform any material duty or obligation of OWNER under this Agreement. or to comply in good fai.th with the terms of this Agreement (hereinafter referred to as "default"): provided. however. COUNTY may terminate or modify -20- this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions. if any. required by OWNER to cure such default and. where the default can be cured. OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or. in the event than such default cannot be cured within such 60 day period but can be cured within a longer time. has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8.5 Termination of A~reement for Default of COUNTY. OWNER may terminate this Agreement onlV in the event of a default by COUNTY in the performance of a material term of this Agreement and only after providing written notice to COUNTY of default setting forth the nature of the default and the actions. if any. required by COUNTY to cure such default and. where the default can be cured. COUNTY has failed to take such actions and cure such default within 60 days after the effective date of such notice or. in the event that such default cannot be cured within such 60 day period but can be cured within a longer time. has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 9. THIRD PARTY LITIGATION. 9.1 General Plan Litiaation. COUNTY has determined that this Agreement is consistent with its Comprehensive General Plan. herein called General Plan. and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with COUNTY's determination. The parties acknowledge that: (a) Litigation is now pending challenging the legality. validity and adequacy of certain provisions of the General Plan: and. (b) In the future there may be other similar challenges.to the General Plan: and. (c) If successful. such challenges could delay or prevent the performance of this Agreement and the development of the Property. COUNTY shall have no liability in damages under this Agreement for any failure of'COUNTY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date. at any time thereafter. the General Plan. or portions thereof. are invalid or inadequate or not in compliance with law. or -21- 9.2 Third Party Litiaation Concerninn Aareement. OWNER shall defend, at its expense, including attorneys, fees, indemnify, and hold harmless COUNTY, its agents, o~ficers and employees from any claim, action or proceeding against COUNTY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. COUNTY shall promptly notify OWNER of any such claim, action or proceeding, and COUNTY shall cooperate in the defense. If COUNTY fails to promptl~ notify OWNER of any such claim, action or proceeding, or if COUNTY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnif~, or hold harmless COUNTY. COUNTY may in its discretion participate in the defense of any such claim, action or proceeding. 9.3 Indemnity. In addition to the provisions of 9.2 above, OWNER shall indemnify and hold COUNTY, its oificers, agents, employees and independent contractors free and harmless irom any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER's employees included) oc any other elementof damage of any kind or nature, =elating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of COUNTY. OWNER shall defend, at its expense, including attorneys' fees, COUNTY, its officers, agents, employees and independent c0n~ractors in any legal action based upon such alleged acts or omissions. COUNTY may in its discretion participate in the defense of any such legal action. 9.4 Environment Assurances. OWNER shall indemnif~ and hold COUNTY. its officers. agents. and employees free and harmless from any liability. based or asserted. upon any act or omission of OWNER. its officers. agents. employees. subcontractors. predecessors in interest. successors. assigns and independent contractors for any violation of any federal. state or local law. ordinance or regulation relating to industrial hygiene or to environmental conditions on. under or about the Property. including. but not limited to. soil and groundwater conditions. and OWNER shall de[end. at its expense. including attorneys' fees. COUNTY. its officers. agents and employees in an~ action based or asserted upon an~ such alleged act or omission. COUNTY may in its discretion participate in the defense of any such action. 9.5 Reservation of Riahts. With respect to Sections 9.2.9.3 and 9.4 herein. COUNTY reserves the right to either (1) approve the attorneF(s) which OWNER selects. hires or otherwise engages to defend COUNTY hereunder. which approval shall not be unreasonably withheld. or (2) conduct i~s own defense. provided. however. that OWNER shall reimburse COUNTY forthwith [or any and -22- all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 9.6 through 9.6. Aqreement. Survival. inclusive. The provisions of this Sections 9.1 shall survive the termination of this 10. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER. in any manner. at OWNER's sole discretion. from encumbering the Property or any portion thereof or any improvement thereon by any mortgage. deed of trust or other security device securing financing with respect to the Property. COUNTY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request. from time to time. to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. COUNTY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat. render invalid. diminish or impair the lien of any mortgage on the Property made in good faith and for value. unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property. or any part thereof. which Mortgagee. has submitted a request in writing to the COUNTY in the manner specified herein for giving notices. shall be entitled no receive written notification from COUNTY of any default by OWNER in the performance of OWNER's obligations under this Agreement. (c) If COUNTY rimely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement. COUNTY shall provide a copy of than notice no the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right. but not the obligation. to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession. of the Property. or any part thereof. pursuant to foreclosure of the mortgage or deed of trust. or deed in lieu of such foreclosure. shall take the Property. or part thereof. subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary. no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER'S obligations or other a=firmative covenants of OWNER hereunder, or to guarantee such performance: provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by COUNTY , the performance thereof shall continue to be a condition precedent to COUNTY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 11. MISCEt.LANEOUS PROVISIONS. 11.1 Recordation of A~reement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the Clerk of the Board of Supervisors within the period required by Section 65868.5 of the Government Code. 11.2 Entire AQreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written. representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding o= any kind or nature to interpret or determine the terms or conditions of this Agreement. 11.3 Severability. If any term, provision, covenant or condition of this Agreement' shall be determined invalid, void or unenforceable, the remainder of this Agreement shall aot be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements or this Agreement and COUNTY would not have entered into this Agreement but for such. provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatBoever. 11.4 Interpretation and Governina Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes o~ the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel.in the negotiation and preparation hereof. -24- 11.5 Section Headinas. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 11.6 Sinaular and Plurals of any word includes the plural. As used herein. the singular 11.7 Joint and Several Obltcations. If at any time during the term of this Agreement the Property is owned. in whole or in part. by more than one OWNER. all obligations of such OWNERS under this Agreement shall be }oint and several. and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing. no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 11.8. Time o~ Essence. Time is o~ the essence in the performance of the provisions o~ this Agreement as to which time is an element. 11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party. or the failure by a party to exercise its rights upon the default o= the other party. shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with'the terms of this Agreement thereafter. 11.10 No Third Party Bene=iciaries. This Agreement is. made and entered into =orthe sole protection and benefit of the parties and their successors and assigns. No other perso.n shall have any right of action based upon any provision o= this Agreement. 11.11 Force Ma~eure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods. earthquakes. other Acts o~ God. ~ires. wars. riots or similar hostilities. strikes and other labor difficulties beyond the party's control. (including the party's empl'o~ment force). government regulations. court actions (such as restraining orders or injunctions). or other causes beyond the party's control. If any such events shall occur. the term of this Agreement and the time for performance by either party of any o= its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance. provided that the term of this Agreement shall not be extended under any circumstances for more than rive (5) years. 11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. -25- 11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property: (b) runs with the Property and each portion thereof: and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 11.14 Counterparts. This Agreement may be executed the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. by 11.15 Jurisdiction and Venus. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determininq the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 11.16 Pro~ect as a Private Undertakina. It is specifically understood and agreed by and between the parties hereto that the development of the Project ~s a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity With respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between COUNTY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 11.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereundeZ in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time. the other party shall promptly execute. with acknowledgement or affidavit if reasonably required. and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.18 Eminent Domain. shall be construed to limit or its power of eminent domain. No provision of this Agreement restrict the exercise by COUNTY of 11.19 Anent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 11.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they. has/have the authority to bind Ok~IER to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. COUNTY OF RIVERSIDE RE Ire /41PLAN 10-2-88 Dated: ATTEST: GERALD A. MALONEY Cler~ of the Board By Deputy (SEAL) By Chairman. Board of Supervisors OWNER: Dated: Dated: TAYLOE WOODROW HOMES CALIFORNIA. LIMITED. a California corporation ItS: V~C e ~C~ ~'~ Its: (ALL SIGNATURES SHALL BE ACKNOWLEDGED BY A NOTARY PUBLIC~ EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) 't litlilt It III VIIIMill Ill dill Iltll I, Xm, lell &, C Development Agreement No. 26 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO BELOW IS SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCELS 1 THROUGH 6, INCLUSIVE, TOGETHER WITH LETTERED LOTS A THROUGH G, INCLUSIVE, AS SHOWN BY PARCEL MAP 22429. ON FILE IN BOOK 147 PAGES 14 THROUGH 19, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY. CALIFORNIA. (* tIM, iZll&fllll 11114, II I', ' If · IO'lllff IIICIIICII I ~ cl' lift ~al!cl&"tlcII ~ II If 210 cl, fl~ll · ) ..e .~VTR 23143/VTR 22430/CZ 4814 . EXHIBIT B MAP SHOWING PROPERTY AND ITS LOCATION ] LAND USE ,"2' .....4]-,' m ,./' 'k FAR ,~ · . Tt ._ LD~ATIO~AL MAP Development Agreement No. 26 EXHIBIT C EXISTING DEVELOPMENT APPROVALS ZONING Ordinance No. 348.2936 (Zone Change No. 4814) LAND DIVISIONS 1. ~ing Tentative Tract Map No. 2.. k"V~FE~ng Tentative Trac= Map No. 23143. 22430. The development approvals listed above include the approved maps and all conditions of approval. COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ABE ON FILE IN TH~ RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE INCORPORATED HEREIN BY REFERENCE. Development Agreement No. 26 EXHIBIT D EXISTING LAND USE REGULATIONS Riverside County Comprehensive General Plan as amended through Resolution No. 88-485. 2. Ordinance No. 3. Ordinance No. 348.2857. 340. 348 as amended through Ordinance No. Ordinance No. 448 as amended through Ordinance No. 448.a. ordinance No. 458 as amended through Ordinance No. 458.8. Ordinance No. 460 as amended through Ordinance No. 460.92. Ordinance No. 461 as amended through Ordinance No. 461.6. Ordinance No. 509. aS amended through Ordinance No. 509.2. ordinance No. 546 as amended through ordinance No. 546.7a. 10. Ordinance No. 547.5. 11. Ordinance No. 555.15. 12. Ordinance No. 617.1. 547 as amended through Ordinance No. 555 as amended 617 as amended through ordinance No. through Ordinance No. 13. Ordinance No. 6S0. 14. Resolution No. 87-~25 Establishing Procedures and Requirements for the Consideration of Development Agreements. as amended by Resolution No. 88-39'and Resolution N6.88-119. COPIES OF THE EXISTING LAND USE REGULATIONS LISTED ABOVE ARE ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE INCORPORATED HEREIN BY REFERENCE. Development Agreement No. EXHIBIT E FEE CREDITS None. 26 Recorded at request of ClerK, Board of Supervisors County of Riverside When recorded return to Riverside County Planning Director 4080 Lemon ~treet, 9tb Floor Riverside. CA 92501 DEVELOPMENT AGREEMENT N0. 37 A development agreement between COUNTY OF RIVERSIDE and DAV BA~ I and others Specific Plan No. 164 - Roripaugh It,0 OCT 4 1988 Development Agreement No. TABLE OF CONTENTS 37 SECTION 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 119 1110 1111 1112 1113 1114 11..15 11.16 11.17 1.2 2.1 2.2 2.3 2.4 2.4.1 2.4.2 2.4.3 2.4.4 2.4.5 2.5 2.6 2.7 HEADING P~GE RECITALS ................ 1 DEFINITIONS AND EXHIBITS ..... Definitions Agreement .......... COUNTY Development ....... Development Approvals Development Exaction Development Plan Effective Date Existing Development Approvals Existing Land Use Regulations Land Use Regulations OWNT~R Mortgagee Project Property .... Reservations of Authority Subsequent Development Approvals Subsequent Land Use Regulations Exhibits . GENERAL PROVISIONS . Binding Effect of Agreement O~nership of Property ...... Term . Assignment .... Right to Assign . Release of Transferring Owner Subsequent Assignment Partial Release of Purchaser. Transferee. or Assignee of Industrial or Commercial Lot . Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction Amendment or Cancellation of Agreement Termination Notices 3 3 3 3 3 3 4 4 4 , 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 7 7 7 8 8 8 i SECTION 3.1 3.2 3.3 3.4 3.5 3.6 3.6.1 3.6.2 3.6.3 3.6.4 3.7 3.8 3.9 3.10 4.1 4.2 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.3 6.1 6.2 6.3 6.4 6.5 6.6 7.1 7.2 7.3 HEADINq PAGE DEVELOPMENT OF THE PROPERTY ..... 10 Rights to Develop ........ 10 Effect of Agreement on Land Use Regulations ........ 10 Timing of DevelopmeAt ..... 10 Phasing Plan .... .. . . 11 Changes and Amendments ..... ll Reservations of Authority . 11 Limitations, Reservations and Exceptions '. ......... 11 Subsequent Development Approvals 13 Modification or Suspension by State or Federal Law . 13 Intent · ..... 13 Public Works 13 Provision of Re~l Property Interests by COUNTY ......... 13 Regulation by Other Public Agencies 14 Tennative Tract Map Extension 14 Vesting Tentative Maps 14 PUBLIC BENEFITS 14 lntent Public Facilities'and Services Mitigation Fee . Amount and Components of Fee Time of Payment Reduction for Low-Occupancy Annual Fee Adjustment Credits . . Continuation of Fees 14 15 15 15 16 16 16 FINANCING OF PUBLIC IMPROVEMENTS . 17 REVIEW FOR CO!eLIANCE 17 Periodic Review . . Special Review . 17 Procedure ......... 17 Proceedings Upon Modification or Termination ........... Hearing on Modification or Termination 18 Certificate of Agreement Compliance 18 INCORPORATION AND ANNEXATION . 19 Intent . . Incorporation Annexation . 19 19 19 ii SECTION HEADING PAGE 8.1 8.2 8.3 8.4 8.5 9.1 9.2 9.3 9.4 9.5 9.6 10. 11. 11.1 11.2 11.3 11.4 11.5 11.6 11.7 ll.S 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 DEFAULT AND REMEDIES 19 Remedies in General 19 Specific Performance 20 Release 20 Termination or Modification of Agreement for Default of OWNER .... 20 Termination of Agreement for Default of COUNTY ...... 21 THIRD PARTY LITIGATION . 21 General Plan Litigation . 21 Third Party Ligitation Concerning Agreement 22 Indemnity ....... 21 Environment Assurances 22 Reservation of Rights 22 Survival 23 MORTGAGEE PROTECTION 23 MISCELLANEOUS PROVISIONS 24 Recordation of Agreement Entire Agreement Severability ...... Interpretation and Governing Law Section Headings Singular .and Plural Joint and Several Obligations Time of Essence . . Waiver ........ No Third Party Beneficiaries Force Majeure Mutual Covenants Successors in Interest Counterparts Jurisdiction and Venus Project as a Private Undertakim Further Actions and Instruments Eminent Domain . . Agent for Service of Process Authority to Execute Signatures 24 24 24 24 25 25 25 25 25 25 25 25 26 26 26 26 26 26 27 27 27 iii DEveLOPMENT AGREEMENT NO. 37 Th~s Development Agreement (hereinafter "Agreement") is entered into effective on the date it is recorded with the Riverside County Recorder (hereinafter the "Effective Date") by and among the COUNTY OF RIVERSIDE (hereinafter "COUNTY"), and the persons and entities listed below (hereinafter "OWNER"): DAV BAR I, a California General Partnership; JOHN E. RORIPAUGH; JUNE RORIPAUGH TULL: LEO E. RORIPAUGH and MARlAN E. RORIPAUGH, Trustees of the Leo E. Rocipaugh and Marinn E. Roripaugh 1975 Trust: LEO E, RORIPAUGH and MARlANE. RORIPAUGH 1975 TRUST: and LEO E. RORIPAUGH and MARlAN E. BORIPAUGH BAR-DAV, a California Partnership DAY-BAR ~I, a California General Partnership RECITALS WHEREAS, COUNTY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to. Section 65864, et seq. of the Government Code; and, WHEREAS, COUNTY has adopted rules and regulations for consideration of development agreements, pursuant to Section 65865 of the Government Code: and, WHEREAS, OWNER has requested COUNTY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of COUNTY: and, WHEREAS, by electing to enter into this Agreement, COUNTY shall bind future Boards of Supervisors of COUNTY.by the obligations speci[ied herein and limit the future exercise of certain governmental and proprietary powers of COUNTY: and, WHEREAS, the terms and conditions of this Agreement have undergone extensive review by COUNTY and the Board of Supervisors and have been found to be fair, just and reasonable; and,' WHEREAS, the best interests of the citizens of Riverside County and the public health, safety and welfare will be served by entering into this Agreement: and, WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement; and, WHEREAS, this Agreement and the Project are consistent with the Riverside County Comprehensive General Plan and any Specific Plan applicable thereto; and, -1- WHEREAS. all actions taken and approvals given by COUNTY have been duly taken or approved in accordance with all applicable legal requirements for notice. public hearings. findings. votes. and other procedural matters: and. WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to COUNTY and will further important policies and goals of COUNTY: and. WHEREAS. this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property. ensure progressive installation of necessary improvements. provide for public services appropriate to the development of the Project, and generally serve the purposes for Which development agreements under Sections 65864. e__~ seq. o~ the Government Code are intended~ and. WHEREAS. on July 26, 1988. Speci'al Assessment District No. 161 was formed by County Resolution No. 88-347 pursuant to a petition. executed by OWNER. requesting the District to be formed and consenting to said District being formed to provide a financing mechanism to pay for the construction of certain public facilities that would benefit the Property and OWNER advanced those monies needed to pay all costs associated with forming said District and retained and paid civil engineers to design and engineer the public facilities to be constructed. and said public facilities were designed to benefit the Property and certain of the facilities may have been oversized to benefit adjacent properties and the public at large: and. WHEREAS. OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement: and. WHEREAS. OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. III III III III III III III III -2- COVENANTS NOW. THEREFORE. in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is here4)y acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 ,,Agreement" means this Development Agreement. 1.1.2 "COUNTY" means the County of Riverside. a political subdivision of the State of California. 1.1.3 "Development" means the improvement of the Property for the purposes of completing the structures. improvements and facilities comprising the Project including. but not limited to: grading: the construction of infrastructure and public facilities related to the Pro]err whether located within or outside the Property: the construction of buildings and structures: and the installation of landscaping. "Development, does not include the maintenance. repair. reconstruction or redevelopment of any building. structure. improvement or facility after the construction and completion thereof. 1.1.4 "Development Approvals" means all permits and other entitlements for use subject to approval or issuance by COUNTY in connection with development of the Property including, but not limited to: (a) Specific plans and specific plan amendments: (b) Tentative and final subdivision and parcel maps: (c) Conditional use permits. public use permits and plot plans: (d) Zoning: (e) Grading and building permits. 1.1.S "Development Exaction" means any reguirement of COUNTY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land. the construction of improvements or public facilities. or the payment of fees in order -3- to lessen, offset, mitigate or compensate for the impacts of development on the environment or ocher public interests. 1.1.6 "Development Plan" means the Existing Develppment Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.7 "Effective Date" means the date this Agreement is recorded with the County Recorder. 1.1.8 "Existing Developmen~ Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals which are a matter of public record on the Effective Date. 1.1.9 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit "D" and all other Regulations which are a ma~er of public record on the Effective Date. 1.1.10 *'Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of COUNTY governing the development and use of land, including, without limi~ation, the permitted useof land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction s~andards and specifications applicable to the development of the property. "Land Use Regulations*' does not include any COUNTY ordinance, resolution, code, rule, regulation or official policy, governing: (a) The conduct of businesses, and occupations; (b) Taxes and assessments: professions, (c) The control and abatement of nuisances: (d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public proper~y~ (e) The exercise of the power of eminent domain. 1.1.11 "OWNER" means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property. -4- 1.1.12 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.13 "Project" means the development of the Property contemplated by the Development Plan as such Plan may be further defined. enhanced or modified pursuant to the provisions of this Agreement. 1.1.14 "Property" means the real property described on Exhibit "A" and .shown on Exhibit "B" to this Agreement. 1.1.15 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to COUNTY under Section 3.6 of this Agreement. 1.1.16 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. 1.1.17 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of. this Agreement: Exhibit "A" -- Legal Description of the Property. Exhibit "B" -- Map showing Property and its location. Exhibit "C" -- Existing Development Approvals. Exhibit "D" -- Existing Land Use Regulations, Exhibit "E" -- Fee Credits. 2. GENERAL PROVISIONS. 2.1 Bindina Effect of Aareement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership of PropertY. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof. -5- 2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of 10 (ten) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. 2.4 Assignment. 2.4.1 Riaht to Assjan. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq., or Riverside County Ordinance No. 460) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer- or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify COUNTY, in writing. of such sale, transfer Or assignment and shall provide COUNTY with an executed agreement, in a form reasonably acceptable to COUNTY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the =oregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsetscion 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 2.4.2 Release o~ Trans[errina Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by COUNTY, which release shall be provided by COUNTY upon the full satisfaction by such transferring OWNER of the following conditions: (a) OWNER no longer has a legal or equitable interest in all or any part of the Property. (b) OWNER is not then in default under this Agreement. (c) OWNER has provided COUNTY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides COUNTY with securi-ty equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder. 2.4.3 SubseQuent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Partial Release o[ Purchaser. Transferee or Assiunee of Xndustrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to COUNTY to release said lot from the'obligations under this Agreement relating to all other portions of the property. Within thirty (30) days of such request, COUNTY shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause, or otherwise affect, a release of OWNER from its duties and obligations under this Agreement. 2.4.5 Termination of Aureement With Respect-to Individual Lots Upon Sale to Public and COmpletion of Construction. The provisions of Subsection 2.4.1 shall not &'pp1y to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and non in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in ~bulk") sold or leased -7- ([oca period longer than one year) to a member of the public or other ultimate user; and. (b) A Certificate of Occupancy has been issued for a building on the lot. and the fees set forth under Section 4 of this Agreement have been paid. 2.5 Amendment or Cancellation of Aareement. This Agreement may be amended or cancelled in whole or in pact only by written consent of all parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of COUNTY or OWNER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upo~ the occurrence of the following events: any of (a) Expiration of the stated term of this Agreement as set forth in Section (b) Entry of a final )udgment voiding or annulling the adoption of approving this Agreement. setting aside. the ordinance (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms o~ this Agreement including issuance of all required occupancy permits and acceptance by COUNTY or applicable public agency of all required dedications. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement. no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically ~et forth as surviving this Agreement. Upon such termination. any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to COUNTY for residential units on which construction has not yet begun · shall be refunded to OWNER by COUNTY. 2.7 Notices. (a) As used in this Agreement. "notice" includes. but is not limited to. the communication of notice. request. demand. approval. statement. report. acceptance. consent. waiver. appointment or other communication required or permitted hereunder. -8- ~ime, (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below: or (ii) on the date of delivery shown on the return receipt. after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested. and postage and postal charges prepaid. and addressed to the recipient named below: or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to COUNTY: Clerk of the Board of Supervisors County of Riverside 4080 Lemon St.. 14th Floor Riverside. CA 92501 with copies to: County Administrative Officer County of Riverside 4080 Lemon St.. 12th Floor Riverside. CA 92501 and Director Planning Department County of Riverside 4080 Lemon St.. 9th Floor Riverside. CA 92501 County Counsel County of Riverside 3535 Tenth St., Suite 300 Riverside. CA 92501 If to OWNER: Davidson Communities 12520 High Bluff Drive Suite 300 San Diego. CA. 92130 with a copy Dennis D. O'Neil. Esq. Perils. Tester. Kcuse & Krinsky 18881 Von Karman. 16th. Floor Irvine. CA. 92715 (c) Either party may. by notice given at any require subsequent notices to be given to another person or -9- entity. whether a party or an officer or representative of a party. or to a different address. or both. Notices g{ven before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 RiUhts to Develop. Subject to the terms of this Agreement including the Reservations of Authority. OWNER shall have a vested right to develop the Property in accordance with. and to the extent of. the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement. the permitted uses of the Property. the density and intensity of use. the maximum height and size of proposed buildings. and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 3.2 Effect of Aareement on Land Use Reaulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority. the rules. regulations- and official policies governing permitted uses of the Property. the density and intensity of use of the Property. the maximum height and size of proposed buildings. and the design. improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval. COUNTY shall exercise its discretion in accordance with the Development Plan. and as provided by this Agreement including. but not limited to. the Reservations of Authority. COUNTY shall accept for processing. review and action all applications for Subsequent Development Approvals. and such applications shall be processed in the normal manner for processing such matters. 3.3 'Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER. such as market orientation and demand. interest rates. absorption. cempletion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465. that the failure of the parties therein to provide for the timing of.development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement. it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate Within the exercise of its subjective business judgment. subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forthin Section 3.4. -10- 3.4 Phasina Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Chan~es and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing DeVelopment Approvals. In the event OWNER finds thata change in the Existing Development Approvals is necessary or appropriate. OWNER shall apply for a Subsequent Development Approval to effectuate such change and COUNTY shall process and act on such application in accordance with the Existing Land Use Regulations. except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in COUNTY's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density Or intensity of use of the Property as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. 3.6 Reservations of Authority. 3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by COUNTY to cover the estimated actual costs to COUNTY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. -11- (b) Procedural regulations relating to hearing bodies, petitions, applications, notices. findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the County's Building Code, Plumbing Code, Mechanical Code, Electrical Code. Fire Code and Grading Code. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the COUNTY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, COUNTY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (r) Regulations which are not in conflict ~with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations which are in conflict with the Development Plan provided OWNER has given written consent to the application of such regulations to development of the Property. -12- 3.6.2 SubseQuent Development AODrovals. This Agreement shall not prevent COUNTy, in acting on Subsequent Development Approvals. from applying Subsequent Land Use Regulations which do not conflict with the Development Plan. nor shall this Agreement prevent COUNTY from denying or conditionally approving any Shbsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent ~and Use Regulation not in conflict with the Development Plan. 3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations. enacted after the Effective Date of this Agreement. prevent or preclude compliance with one or more of the provisions of this Agreement. such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remai~ in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that COUNTY is restricted in its authority to limit its police power by contract and that the foregoing limitations.. reservations and exceptions are intended to reserve to COUNTY all of its police power which cannot be so limited. This Agreement shall be construed. contrary to 'its stated terms if necessary, to reserve to COUNTY all such power and authority which cannot be restricted by contract. 3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to COUNTY or any other public agency upon completion. and if required by applicable laws to do so, OWNER shall perform such work. in the same manner and subject to the same requirements as would be applicable to COUNTY or such other public agency should it have undertaken such construction.' 3.8 Provision of Real Pronetry Interests by COUNTY. In any instanceS}here OWNER is required to.construct any public ~mprovement on land not owned by OWNER. OWNER shall at its sole cost and expense provide or cause to he provided. the real property interests necessary for the construction of such public improvements. In the event OWNER is unable. after exercising reasonable efforts. including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code. to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER'S provision of adequate security for costs COUNTY may reasonably incur. COUNTY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if -13- necessary, in accordance with the procedures established by law. use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable'd~ty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Pro)erE, and then only in accordance with valid conditions imposed by the COUNTY upon the development of the Project under the Subdivision Map Act or other legal authority. 3.9 Reaulation by Other Public A~encies. It is acknowledged by the parties that other public agencies not within the control of COUNTY possess authority to regulate aspects of the development of the Property separately from or jointly with COUNTY and this Agreement does not limit the authority of such other public agencies. For example, pursuant to Government Code Section 66477 and Section 10.3S of Riverside County Ordinance No. 460, another local public agency may provide local park and recreation services and facilities and in that event, it is permitted, and therefore shall be permitted by the parties, to participate )ointly with COUNTY to determine the location of land to be dedicated or in lieu fees to be paid for local park purposes, provided that COUNTY shall exercise its authority sub)err to the terms of this Agreement. 3.10 Tentative Tract MaD Extension. Notwithstanding the provisions of Section 66452.6 Of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall begranted an extension of time except in accordance With the Existing Land Use Regulations. 3.11 Vestin~ Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, e_!t seq.) and Riverside County Ordinance No. 460 and if this Agreement is determined by a final judgment to be invalid or unenforceable insolaf as it grants a vested right ~o develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public -14- needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly. the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction ~f the public needs resulting from the Pro)err. 4.2 Public Facilities and Services Mitiaation Fee. 4.2.1 Amount and Components of Fee. OWNER shall pay to COUNTY a public facilities and services mitigation fee in the total amount of $4277.00 for each residentialunit Constructed on the Property. which fee shall be comprised of the following components: (a) Public Facilities Fee $1891 per Residential Unit (b) Regional Parkland Fee $350.00 per Residential Unit with 250.00 allocated for recreational trails' (c) Habitat Conservation and Open Space Land Bank Fee S260.00 per Residential Unit (d) Public Services Offset Fee $1776.00 per Residential Unit The amount of the public facilities and services mitigation fee shall be adjusted annually as provided Subsection 4.2.4. in 4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid to COUNTY prior to the issuance of building permits for each residential unit. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement. but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re-issuance or extension of any building permit for a residential unit for which such fees have not previously been paid. 4.2.3 Reduction for Low-OccupancY Residential Units. The fees required pursuant. to Subsection 4.2.1 shall be reduced by 33.31percent for low-occupancy residential units. For the purposes of this Subsection. low-occupancy residential units shall be limited to the following: (a) One bedroom and studio apartments rooms, dens. and any similar room shall be considered to be bedrooms): Cfamily (b) Mobilehomes: (c) Residential units in developments that are legally restricted to occupancy by senior citizens pursuant to Riverside County Ordinance No. 348 Or state law. 4.2.4 Annual Fee Adjustment. The fees required pursuant to Subsection 4.2.1 shall beadjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (bereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (a) Divide the CPI for month and Fear of the Effective Date into the CPI for the month immediately preceding the anniversary in which said fees are to be adjusted. (b) Multiply the quotient obtained by the calculation in Paragraph (a) above times said fees. (c) The result of the multiplication obtained in Paragraph (b) above shall constitute the fees payable during the succeeding year. If the CPI specified herein iS discontinued or revised during the term of this Agreement. such ocher government index or computation wi~h which i~ is replaced shall be used in order Co obtain substantially the same result as would have been.obtained if the CPI had non been discontinued. In no event shall the fees be less Chat the fees set forth'in Subsection 4.2.1. 4.2.5 Credits. OWNER shall be entitled to credit against the fees required pursuant to Subsection 4.2.1 for Che dedication of land. the consCruction of improaxemenCs or the payment of fees as specifically set forth in Exhibit "E". To Che extent that Subsection 4.2.4 results in an increase in the fees payable pursuant Co 4.2.1(a)# then the credit provided in this Subsection for Public Facilities as specified in Exhibit "E" shall be likewise increased by the same percentage. No increase in the credits see forth in Exhibit "E" shall be allowed for any item which is not specifically identified as a Public Facility Credit on Exhibit "E". 4.3 Continuation of Fees. Should all or any portion of Property become part of a city or another county. the fees payable pursuant Co Section 4.2 shall remain and still be payable to COUNTY on the following basis: (a) Fees under 4.2.1(a) shall be payable at the rate o[ five and three tenths percent (5.3%) thereof to COUNTY and the remainder to such city or other county. (b) Fees payable under Subsections 4.2.1(b) and (c) shall be fully payable to COUNTY. (c) Fees under Subsection4.2.1(d) shall be payable at the rate of one-third (1/3) thereof to such city or other county and the remainder to COUNTY. 5. FINANCING OF PUBLIC IMPROVEMENT$. If deemed appropriate. COUNTY and OWNER will cooperate the formation of any special assessment district. community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. COUNTY also agrees that. to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements. OWNER may be reimbursed to the extent that OWNER spends funds or dedicates l~nd for the establishment of public facilities. Notwithstanding the foregoing. it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring COUNTY or the COUNTY Board of Supervisors to form any such district or to issue and sell bonds. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The Planning Director shall review this Agreement annually. on or before the anniversary of the Effective Date. in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. OWNER shall submit an Annual Monitoring Report. in a form acceptable to the Planning Director. within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the Board of Supervisors. 6.2 Special Review. The Board of Supervisors may order a special review of compliance with this Agreement at any time. The Planning Director shall conduct such special reviews. 6.3 Procedure. (a) During either a periodic review or a special review. OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on OWNER. -17- (b) Upon completion of a periodic review or a special review, the Planning Director shall submit a report to the Board of Supervisors setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his recommended finding on that issue. (c) If the Board finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the Board makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Board may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 8.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5. 6.4 Proceedinns Upon Modification or Termination. If. upon a finding under Section 6.3. COUNTY determines to proceed ' with modification or termination of this Agreement. COUNTY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing: (b) A statement as to whether or not COUNTY proposes to terminate or to modify the Agreement: and, (c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding. 6.5 . Hearino on Modification or Termination. At the time and place set for the hearing on modification or termination. OWNER shall begiven an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance wit~ the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the Board of Supervisors · ba ~ finds sed upon substantial evidence. that OWNER has not complied in good faith with the terms or conditions of the Agreement. the Board may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the County. The decision of the Board of Supervisors shall be final. subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 6.6 Certificate of Aareement Compliance. If. at the conclusion of a Periodic or Special Review. OWNER is found to be in compliance with this Agreement. COUNTY shall. upon request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent -18- Periodic or Special Review and based upon the information known or made Known to the Planning Director and Board of Supervisors that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the. finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, COUNTY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or Board of Supervisors. 7. INCORPORATION AND ANNEXATION. 7.1 Intent. If all or any portion of the Property is annexed to or otherwise becomes a part of a city or another county, it is the intent of the parties that this Agreement shail survive and be binding upon such other jurisdiction. 7.2 Incorporation. If at any time during the term of this Agreement, a city is incorporated comprising all or any portion of the Property, the validity and effect of this Agreement shall be governed by Section 65865.3 of the Government Code. 7.3 Annexation.. OWNER and COUNTY shall oppose, in accordance with the procedures provided by law, the annexation to any city of all or any portion of the Property unless both OWNER and COUNTY give written consent to such annexation. 8. DEFAULT AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the-. parties that COUNTY would not have entered into this Agreement it were to b~liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that COUNTY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement: or -19- (b) For the taking. impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement: or (c) Arising out of or connected with any dispute. controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against COUNTY as provided in Section 8.1 above. (b) Due to the size. nature and scope of the project. it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation. OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement. and it is not possible to determine the sum of money which would'adequately compensate OWNER for such efforts. 8.3 Release. Except for nondamage remedies. including the remedy of specific performance and judicial review as provided for in Section 6.5. OWNER. for itself. its successors and assignees. hereby releases the COUNTY. its officers. agents and employees from any and all claims. demands. actions. or suits of any kind or nature arising out of any liability. known or unknown. present or future. including. but not limited to. any claim or liability. based or asserted. pursuant to Article I. Section 19 of the California Constitution. the Fifth Amendment of the United States Constitution. or any other law or ordinance which seeks to impose any other liability or damage. whatsoever. upon the COUNTY because it entered into this Agreement or because of the terms of this Agreement. 8.4 Termination or Modification of AGreement for Default of OWNER. SubSect to the provisions contained in Subsection 6.5 herein. COUNTY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement. or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"): provided, however. COUNTY may terminate or modify -20- this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions. if any, required by OWNER to cure such default and, where the default can be cured. OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event than such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8.5 Termination of Aareement for Default of COUNTY. OWNER may terminate this Agreement only in the event of a default by COUNTY in the performance of a material term of this Agreement and only after providing written notice to COUNTY of default setting forth the nature of the default and the actions. if any. required by COUNTY to cure such default and. where the default can be cured. COUNTY has failed to take such actions and cure such default within 60 days after the effective date of such notice or. in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 9. THIRD PARTY LITIGATION. 9.1 General Plan Litiaation. COUNTY has determined that this Agreement is consistent with its Comprehensive General Plan. herein called General Plan, and that the General Plan meets all requirements of law. 'OWNER has reviewed the General Plan and concurs with COUNTY's determination. The parties acknowledge that: (a) Litigation is now pending challenging the legality. validity and adequacy of certain provisions of the General Plan: and, (b) In the future there may .he other similar - challenges to the General Plan; and, (c) If successful, such challenges could delay or prevent the performance of this Agreement and the development of the Property. COUNTY shall have no liability in damages under this Agreement for any failure of COUNTY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date. or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. -21- 9.2 Third Party Litiaation Concerning Aareement. OWNER shall defend. at its expense. including attorneys, fees. indemnify. and hold harmless COUNTY. its agents. officers and employees from any claim. action or proceeding against COUNTY. its agents. officers. or employees to attac~. set aside. void. or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. COUNTY shall promptly notify OWNER of any such claim. action oc proceeding. and COUNTY shall cooperate in the defense. If COUNTY fails to promptly notify OWNER of any such claim. action or proceeding. or if COUNTY fails to cooperate in the defense. OWNER shall not thereafter be responsible to defend. indemnify. or hold harmless COUNTY. COUNTY may in its discretion participate in the defense of any such claim. action or proceeding. 9.3 Indemnity. In addition to the provisions of 9.2 above. OWNER shall indemnify and hold COUNTY. its officers. agents. e-ployees and independent contractors free and harmless from any ~iability whatsoever. based or asserted upon any act or omission of OWNER. its officers. ~gents. employees. subcontractors and independent contractors. for property damage. bodily injury. or death (OWNER's employees included) or any other element of damage of any kind or nature. relating to or in any way connected with or arising ~rom the activities contemplated hereunder. including. but not limited to. the study. design. engineering. construction. completion. failure and conveyance of the public improvements. save and except claims for damages arising through the sole active negligence or sole willful misconduct of COUNTY. OWNER shall defend, at its expense. including attorneys' fees. COUNTY. its officers. agents. employees and independent contractors in any legal action based upon such alleged acts or omissions. COUNTY may in its discretion participate in the defense of any such legal action. 9.4 Environment Assurances. OWNER shall indemnify and hold COUNTY. its officers. agents. and employees free and harmless from'any liability. based or asserted. upon any act or omission of OWNER. its officers. agents. employees. subcontractors. predecessors in interest. successors. assigns and independent contractors for any violation of any federal. state or local law. ordinance or regulation relating to industrial hygiene or tq, environmental conditions on. under or about the Property. including. but not limited to. soil and groundwater conditions. and OWNER shall defend. at its expense. including attorneys' fees. COUNTY. its officers. agents and employees in any action based or asserted upon any such alleged act or omission. COUNTY may in its discretion participate in the defense of any such action. 9.5 Reservation or Riahts. With respect to Sections 9.2.9.3 and 9.4 herein. COUNTY reserves the right to either (1) approve the attorney(s) which OWNER selects. hires or otherwise engages to defend COUNTY hereunder. which approval shall not be unreasonably withheld. or (2) conduct ins own defense. provided. however. that OWNER shall reimburse COUNTY forthwith for any and all reasonable expenses incurred for such defense. including attorneys' fees. upon billing and accounting therefor. 9.6 through 9.6, Agreement. Survival. inclusive. The provisions of this Sections 9.1 shall survive the termination of this 10. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion. from encumbering the Property or any portion thereof or any improvement thereon by any mortgage. deed of trust or other security device securing financing with respect to the Property. COUNTY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request. from time to time. to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. COUNTY will not unreasonably Withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes'of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and.privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat. render invalid. diminish or impair the lien of any mortgage on the Property made in good faith and for value. unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property. or any part thereof. which Mortgagee. has submitted a request in writing to the COUNTY in the manner specified heroin for giving notices. shall be entitled to receive written notification from COUNTY of any default by .OWNER in the performance of OWNER's obligations under this Agreement. (c) If COUNTY timely receives a request from a Mortgagee requesting a copy of any notice of default give~'to OWNER under the terms of this Agreement. COUNTY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right. but not the obligation. to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property. or any part thereof. pursuant to foreclosure of the mortgage or deed of trust. or deed in lieu of such foreclosure. shall take the Property. or part thereof. subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary. no -23- Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER'S obligations or other affirmative covenants of OWNER hereunder, or co guarantee such performance; provided, however, that Co the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by COUNTY , the performance thereof shall continue to be a condition precedent to COUNTY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject Co the provisions of Section 2.4 of this Agreement. 11. MISCELLANEOUS PROVISIONS. 11.1 Recordation of AQreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the Clerk of the Board Supervisors within the period required by Section 65868.5 of the Government Code. 11.2 Entire A~reement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are non contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature Co interpret or determine the terms or conditions of this Agreement. 11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing. the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and COUNTY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 11.4 Interpretation and Governinu Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereCo, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. -2¢- 11.5 Section Headinas. All section headings and subheadinqs are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 11.6 Sinaular and Plural. As used herein. the singular of any word includes the plural. 11.7 Joint and Several Obliaations. If at any time during the term of this Agreement the Property is owned, in whole or in part. by more than one OWNER. all obligations of such OWNERS under this Agreement shall be joint and several. and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing. no OWNER of a single lot · which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 11.8 Time of Essence. Time is of the essence in the performanc.e of the provisions of this Agreement as to which time is an element. 11.9 Waiver[ Failure by a party to insist u~on the strict performance of any of the provisions of this Agreement by the other party. or the failure by a party to exercise its rights upon the default of the other party. shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 11.11 Force Ma%eure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods. earthquakes. other Acts of God. fires. wars. riots or similar hostilities. strikes and other labor difficulties beyond the party's contr,~l. (including the party's employment force). government regulations. court actions (such as restraining orders or injunctions). or other causes beyond the party's control. any such events shall occur. the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance. provided that the term of this Agreement shall not be extended under any circumstances for more than five (S) years. 11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party bensifted thereby of the covenants to be performed hereunder by such bonefired party. 11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain [:om doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 11.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California. and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other COUrt. 11.16 Pro~ect as a Private Undertakino. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between COUNTY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 11.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by COUNTY of its power of eminent domain. 11.19 AGent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California. or it is a foreign corporation. then in any such event, OWNER snail file with the Planning Director, upon its execution of this Agreement, a ~esignation of a natural person residing in the State of California, giving his or her name. residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement. and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible. then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served. submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 11.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation. partnership or business entity and warrants and represents that he/they has/have the authority to bind OWNER to the performance of its obligations hereunder. IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the day and year set forth below. 3B07LIT 9-23-88 ATTEST: GERALD A. MALONEY (SEAL) COUN OF~ RIVERBID ' rman BO lsors -27- OCT 4 ~l OWNER: Darted: Dated: DAV BAR I. a California General Its: By: '.7 - / ,//' - _ -"/, .... ItS: "' "' (ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) -28- COl NTY OF San Diego ~' n. October 12, 1988 -..,..,at, ,I Davidson Communities. Inc.. _ _D_A___V BAR I . t|,e parmt. r4, ip Eliza~ J~ Willi:qm A. D.qv{d{:nn known m me t, he the COUNTYOF San Dielo on Oc=ober 19, 1988 said State, ;ersonally appeared Joseph E. Tracy an,~ Tncorpora=ed known to me to be one ot the Pafiners of DAV BAR T, a California General Partnership OFFICIAL SEAL PATRICIA L. BEVIL Notan/Pu~ic-Calilomia SAN DIEGO COUNTY My Cornre. Exo. Mar. 31,199 (This area tor official notllr/I IIIB Da ~ed: ./ STATE OF CALIFORNIA , } ?~ On this the I~L'L~L. day Of Notar'/Puj~c in and for said ,~COunty. and State. personally apesred " to me or proved to me on th~ ioa,~s of salisfactory ev~lence to ioe me person -- whose name |~ subscribedtothewithininstrument > and acknowledged that h ~-- exec~ed ~qe same. ~-- ~, ~ ~gnmure of ._~ o 19~;-1 , before me the unders;gned. a FOR NOTARY SEAL OR STAMP (ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) -29- POWER OF ATTORNEY KNOW ALL ~EN BY THESE PRESENTS: THAT JUNE R. TULL has made, constituted, and appointed, and by these presents does make, constitute, and appoint LEO E. RORIPAUGH, of Temecula, California, her true and lawful attorney for her and in her name, place, and stead, and for her use and benefit in all matters pertaining to any interest she may have in and to any and all real property located in Riverside County, State of California. GIVING AND GRANTING unto LEO E. RORIPAUGH, full power and authority to do and perform all and every act and thing. whatsoever requisite and necessary. to be done in and about the premises, as fully to all intents and purposes as she might or could do if personally present, and hereby ratifying and confirming all that her said attorney, LEO R. RORIPAUGH, shall lawfully do or cause to be done by virtue of these presents as above stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal the /4/ day'of octo r, gSS. STATE OF ALASKA ) ) ss. TNIRD JD~DICIAL DISTRICT THIS IS TO CERTIFY that on the /~day of October, 1988. before me, the undersigned Notary PUblic, in and for Alaska, duly coE~issioned and sworn as such, personally appeared JUNE R. TULL, who is known to ma and to me known to be the individual nned in and who executed the above and foregoing Power of Attorney, and she acknowledged to me the execution thereof as her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set n~ hand and affixed my notarial seal the day and year in this certificate first above written. Dated: ' -.,, JUNE RORIPAUGH TULL STATE OF CALIFORNIA ~, .,~L,:.~,._ S.S. COUNTY OF , · me und~signM, a ~ L<- ;.,'.. "..' ._' subscn~ to ~ ~in ~ andack~wl~mf ]/~' /~- i s,~..,.,. "'-,,.'.,.', r _-'.~ FOR NOTARY SEA~ OR STAMP (ALL SIGNAUTRES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) -30- Dated: Dated: =MARIAN E. RO~IPAUGH 7 Trustees of the Leo E. Roripi and Marian E. Roripaugh 1975 Trust '~9S~ , befoe me the uf~ers,gne~l. a FOR NOTARY SEAL OR STAMP (ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) -31- Dated: Dated: Ic -Ic/ ,/E'-/L/ ,j 19 ~'~ . I~ef~-e me ~e un~efsign~l, a FOR NOTARY SEAL OR STAMP (ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFOEE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) -32- Dated: Dated: '/~R lJ!N E. ROR I PAUGH "., ,~ STATE OF CALIFORNIA . } On this the I q ~'~ day of Nom~ Pu~ic in a~ ~r ~ ~unW ~ S~e, ~ ~o me or proved to m on ~ am of ~m ~ pe~ .~ w~oH name ~ ~ r~uo~ to ~ e~n 19 ~ , beforeroe the underSigned. a FOR NOTARY SEAL OR STAMP (ALL SIGNATURES SKIALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE 'OFFICERS.) -33- BAR-DAV. a Cali[ornia Partnership Dated: Dated: By: Its: Its: -T~TE OF C ~[_IFORNIA COt NTY OF San DieSo ,, October 12, 1988 Pre~i.l.nL and n/a -.,.~..ry ,,~ Davidson Cobunities. Inc. _'_j~AR-DAV ______ . the plrlner,hip ,izabet~ Speer ' Name ITyped or Primeda befnre me. the under.igned. a Nntary Public in and for William A. Davidson k.o.. to me to be the COUNTY OF San DieSo On October 19, 1988 sasd State. ~onally apesred Joseph E. Tracy and Incorporated known tO me tO be one of the partnem Of DAV RAR a California General Partnership WITNESS my hind and o~ic~l le?l. ./? PATRICIA L. 8EVIL Notary Pu~ic-Callfomi99~ SAN DIEGO COUNTY My Cornre. Esp. Mar. 31, 't (ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) -34- Dated: ,"" ' - / DAV-BAR II. a California General Partnership Its: Dated: ,'c/;r,/,~ By: · ItS: ~TATE OF C%I.IFORN'I% ~S. COL NTY OF San Diego On October 12. 1988 bef,,re me. ti~e underslgned. a Nola~ Publle in and ~uid Staee. per, naH~ appeared Willi~ A. Davidson kaown m me In ~ ehe DAV-BAR II · pann,r~hip Ihat -,ch parmer~hi ~xeculed die same.. [U~B~H J. ~ ~ped or said $tate, ~rso~ally aD~afe~ ~ose~h E. T~ac~ a~ · * * ~n.l~ k~n to me (or ~ to m on t~ ~ · * Barrace ~erican a~ Incorporated - ~ mecorporaDonthefemname~.andacknowle~geratomethstslic~ a California General Partnership OFFICIAL SEAL~ ~i PATP-iCIA L. 8EVIL Notary FuD!:calitomaa SAN DIEGO COUNTY My Carom. E~o. Mat. 31. 1992 Frhis Irea for officill notlrml slab (ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) -35- ATTACHMENT NO. 7 DESIGN GUIDELINES 39 R:~S~STAFFI~T~28941VTM.pC 12/30/92 kJb DESIGN GUIDE~ I [ J l FISCAL IMPACT PROJECTIONS Crowne Hill Tentative Tract 23143 Prepared for: Taylor Woodrow Homes California Ltd. 4921 Birth Street, Suite 110 Newport Beach, California 92660 Prepared by: Ranpac Engineering corporation 27447 Enterprise Circle West Temecula, California 92390 July 1989 Table of Contents II. III. Page Executive Summary ............................. 1 Introduction .................................. 3 General Revenue/Expenditure Methodology ....... 9 Fiscal Revenue/Cost Projections ............... 12 Appendix Worksheet I-1 I-2 Exhibits Tract 23143 Location Map ...................... 4 Tract 23143 Land Use Map ...................... 8 I-1 I-2 II-1 III-1 Tables Land Use Component ............................ 6 Population Growth Inducement .................. 7 Property Tax Allocation ........................ 11 Assessed Valuation Through Buildout ........... 13 Executive Summary The following report presents a fiscal profile of revised Vesting Tract 23143, relevant to its impacts to Riverside County's ongoing service costs and revenues. The project is a 471 acre master planned community located in the State Highway 79 corridor of Ranch California. This report incorporates a hybrid of the Riverside county's service-level multipliers method and the budget-based cost/revenue accounting system. Individual cost and revenue components were projected by per capita or unit area (e.g. per acre of lane miles) multipliers. Other cost estimates for the major County services such as fire protection, sheriff, parks and road maintenance were directly obtained from affected County agencies or designated administrative officials. All figures and estimates are presented in constant 1989 dollars unless otherwise specified, hence no fiscal adjustment was made relevant to the effects of inflation. Tract 23143 is a 471 acre residential development with several park and recreational activities. The non-residential components of this project consist of 16 acres of neighborhood parks, 12 acres of open space and a 129 acre remainder parcel. Barring unexpected market conditions, the project's full buildout development is anticipated to be achieved by the year 1999. The residential development and project's induced retail development buildout will generate a total assessed valuation of at least $172.2 million in present dollars. Modest inflation combined with housing resale will undoubtedly drive the project's assessed valuation considerably higher. However, inflationary and housing resale .factors have been intentionally excluded from analysis due to the high degree of uncertainty inherent in projecting these factors. By applying the appropriate property tax apportionment factor associated with each major County fund (General Fund, Fire Protection, and County Free Library Fund) and multiplying by the project's property value and induced retail property value, $172.2 million, translates into $616.2 thousand in future tax revenues. 1 Said revenue will breakdown as follows: General Fund $ 473,704 Fire Protection $ 97,264 Free Library $ 45,182 The project's fiscal profile reports a healthy monetary return where the annual, ongoing, County revenue of $777,157 exceeds the developments associated costs of $748,650 at project completion. Tract 23143 offers a modest net fiscal gain for Riverside County. Introduction This report presents the findings of the fiscal analysis for the 471.59 acre Crowne Hill site, owned by Taylor Woodrow Homes. Tract 23143 is a residential development in the unincorporated area of Riverside County and is located east and adjacent to Butterfield Stage Road, south and adjacent to Pauba Road and north of Highway 79 (south) in the Rancho California area (see Exhibit I-l). This report was prepared in response to the County's 1987 mandate requiring all subdivisions of 500 or more lots to include a cost-revenue analysis. The following analysis incorporates a hybrid of service- level multiplier methods and the budget-based accounting system. The budget-based method draws upon specific funding allocations directly related to service cost for unincorporated Riverside County., Additionally, the study was further supplemented with relative statistics gathered by interviews and formal correspondence with affected County agencies (e.g. Sheriff, Fire Protection, Roads, Flood Control and Parks and Recreation). The following chapters in this report presents the fiscal accounting model, estimate the project's property valuation and determines the fiscal revenue/cost projection relative to the Crowne Hill development. The fiscal hybrid accounting approach utilized throughout this report is outlined in the March 1988, "General Guidelines for Fiscal Impact Reports - County Services", developed by the County Administration Office 3 Exhibit I-1 Tract 23143 Location Map 4 Land Use Concept The crown Hill project, Tract 23143 occupies 471.59 acres located in the southeastern portion of the Rancho California area, in the unincorporated area of Riverside County (see Exhibit I-l). The proposed land uses of the site are outlined on Table 1. The proposed development consists of four different residential R-1 lots with a minimum lot size ranging between 7,200 to 9,000 square feet and R-4 lots ranging from 5,000 to 6,000 square feet. The project also contains three park sites (5.36 acres), 30.5 acres of open space and a 129 acre remainder parcel (see Table I-l). If the present market absorption characteristics continue, the Crowne Hill development should build out within 10 years (1999). Ultimately, this project will house an estimated population of 2,635 (see Table I-2).* After the start of construction, the project will experience ten years of modest population growth of 265 new residents annually. , Note: The household population estimate assumes an average household size of 2.5 people per dwelling unit at full occupancy. 5 Table I-1 Land Use Components Crowne Hill Tract 23143 Land Use Acreage Units or Square Footage Residential R-1/9,000 sq ft min R-1/7,200 sq ft min R-4/6,000 sq ft min R-4/5,000 sq ft min N/A 163 du N/A 347 du N/A 286 du N/A 258 du Parks/Open Space Neighborhood Parks Open Space 16.4 ac N/A 12.04 ac N/A Induced Commercial 7.50 ac 82,121 Circulation Arterials 57.04 ac N/A Remainder Parcel 129.00 ac N/A Total Site 471.59 ac Source: Ranpac Engineering Corporation, Crowne Hill/Tract 23143 (July, 1989) 6 Table I-2 Population Growth Crowne Hill Tract 23143 Year Housing Cumulative Population Housing Increase Cumulative Population 1989 106 106 265 265 1990 106 212 265 530 1991 106 318 265 795 1992 106 424 265 1,060 1993 106 530 265 1,325 1994 106 636 265 1,590 1995 106 742 265 1,855 1996 106 848 265 2,120 1997 103 951 258 2,378 1998 103 1,054 257 2,635 1999 0 1,054 0 2,635 Buildout Totals 1,054, .- ,Assuming 2.5 people per dwelling unit EXHIBIT I-2 Tract 23143 Land Use Map - 8 - II. General Revenue/Expenditure Methodology Multipliers This section outlines the general cost and revenue factors or multipliers used in this study to generate the fiscal profile associated for each major budget category. Said cost/revenue multipliers are calculated per each budget category by determining the locally-funded costs and locally-derived revenue statistics and dividing by the applicable County demographic characteristic.* Depending on established County practices, the average per capita multiplier will result from the aforementioned procedure.** The final chapter of this report uses the projects full buildout demographic characteristic(s) multiplied times the appropriate allocation or multiplier factor(s) to generate the fiscal accounting profile.*** The reports accounting model utilizes the 1987-88 budget data since these figures represent the latest available "true dollar" cost and revenue statistics at the time of our research. In some cases other cost/revenue multipliers are used instead of the above mentioned per capita multiplier. For example, the Road Department uses "lane miles" to determine the ongoing County roads maintenance costs because lane miles more directly assesses the quantity of roads affected and is a more accurate multiplier for projecting road costs then its per capita counterpart.. In some instances "in house" cost/revenue multipliers were used based on discussions with effected agency representatives (Fire Protection, Sheriff and County Free Library). 9 Tax Generation Allocation Factors The Auditors-Controller's office employs apportionment factors to project the growth and distribution in property tax revenues. The property tax levied is based on a one percent taxation relevant to the projects assessed valuation corresponding to the site's Tax Rate Area (TRA 94-067 and 94-068). The property tax revenues will primarily be distributed to the County's General Fund, Structural Fire Protection, and the County Free Library Fund. Table II-1 itemizes how the one percent property tax levy is distributed among the major tax units. By multiplying the proper allocation factor by the estimated property value the project generates the tax share dollar amounts per taxing unit. Commercial development, although not specifically proposed by the Crowne Hill development, will induce future commercial projects in the surrounding area. It is the report preparers opinion that "induced commercial" property value should be quantified and credited as part of the total assessed property valuation. The reasoning for this is simple. Future Crowne Valley residents will provide the population base necessary to support new commercial development. These new retail properties and facilities will, in turn,.generate additional property tax,. sales tax and business license fee revenues. Since new residents are a basis source substantiating retail taxation collections~ they should be given credit for them. Thus, future commercial development would not generate these potential County revenues without new customers. In terms of using the above mentioned taxation allocation factors, the report includes "induced retail" property value to the assessed residential property value associated with the Crowne Hill project (see Section III-C, page 15). 10 Table II-1 Property Tax Allocation Within Tax Rate Area 94-067 and 94-068, Riverside County, California County General Fund County Structural Fire Protection County Free Library Temecula Unified Elsinore Area Elem. School Fund Mt. San Jacinto Jr. College School Equalization Aid Special Education Fund County Superintendent of School County Sup. School-Capital Outlays Flood Control Admin. and Zone 7 Temecula Cemetery EMWD/13th Fringe RCWD/R Division Dept. SV .27505235 .05647570 .02623483 .33095607 .06971600 .03814563 .00756748 .01960574 .00731277 .00420713 .01843275 .00417809 .04378727 .09654291 Total Allocation 1.00000000% Source: Compiled by Ranpac Engineering Corporation from data provided by the Riverside County Auditor-Controller office 11 III. Fiscal Revenue/Expenditure Projection Revenue A. Property Tax The subject property lies in Tax Rate Areas (TRA) 094-067 and 094-068. The County's Auditor- Controllers office employs an apportionment factor to define growth in property tax revenues. The property tax allocation factor for the Crowne Hill TRA(s) is 0.27505235 of the 1.0 percent property tax applied to the property tax value of the project. At buildout, the property tax base value of the project will be $169,885,000. (see Table III-1). The current property tax base value of the site is $2,789,331'*. The change of increase in tax base value associated with project buildout is $167,095,669 ($169,885,000 minus $2,789,331). By multiplying the increase in tax base value associated with project development, $119,634,000, to the appropriate County General Fund apportionment factor, 0.27505235, we derive the following calculation: $167,095,669 x 1 percent x 0.27505235 = $459,600 The project at build out will generate an annual property tax revenue to the County General Fund of $459,600. * Source: Ranpac Engineering Corporation (July, 1989) ** Source: Riverside County Assessor's Office (1989) APN 926-760-001 through 005 and APN 926-770-001 through 003 12 Table III-1 Assessed Valuation Through Buildout Crowne Hill/Tract 23143 (Assessed Property Value in Millions of Dollars) L.U. 1989 90 91 92 93 94 95 96 97 98 99 R-i. 9,000 min. 3.04 3.04 3.04 3.04 3.04 3.04 3.04 3.04 3.33 3.33 0.00 R-i** 7,200 min. 6.13 6.13 6.13 6.13 6.13 6.13 6.13 6.13 5.86 5.86 0.00 R-4*** 4.29 6,000 min. 4.29 4.29 4.29 4.29 4.29 4.29 4.29 3.99 3.99 0.00 R-4'**.3.61 5,000 min. 3.61 3.61 3.61 3.61 3.61 3.61 3.61 3.48 3.48 0.00 Induced0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.00 Retail Annual 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6 15.8 15.8 0.00 Total Cumlt. 17.6 35.2 52.8 70.4 88.0 105 123 140 156 172 172 Total Source: Ranpac Engineering Corporation, July, 1989 All estimates in 1989 constant dollars R-i/9,000 sq. of $190,000 ** R-1/7,200 sq. of $175,000 *** R-4/6,000 sq. of $148,000 R-4/5,000 sq. of $139,000 ft. has an average 1989 sales price ft. has an average 1989 sales price ft. has an average 1989 sales price ft. has an average 1989 sales price 13 Sales Tax Revenue Recent home buyers in Southern California have typically purchased homes with a value equivalent to three times the home buyer household's average annual income. The average household income of purchasers in this project, given the average housing cost of $161,181 per unit, implies an average annual income of $53,727 per year. Households in this income range typically spend 27.65 percent of their income on taxable purchases. Applying this ratio' to the estimated average household income applicable to the subject project produces the following estimate of total taxable spending of the 651 new households. $53,727 x 27.65 percent x 1,05~ households = $15,657,712 a year. As the retail sector in this portion of Riverside County matures, local retailers will capture an increasing share of the expenditures of local residents. For purposes of this analysis, the Consultants have assumed that 75.0 percent of this level of taxable consumer expenditure associated in Riverside county (not in nearby cities or elsewhere). The adjusted total taxable retail purchases related to the subject development is $11,743,284 a year within the County tax jurisdiction. 15,657,712 x 75.00 percent = $11,743,284 The County receives 1.0 percent of the taxable sales that occur within its taxing jurisdiction implies a projected County revenue of 4117,433 a year. 14 Induced Property Tax From Retail Development The increased retail expenditures directly related to commercial purchases made by residents of Tract 23143 (i.e. $11,743,284 annually) will support an additional 82,121 square feet of future retail facilities., By applying an average building to lot ratio of 25 percent of the commercial site, the 82,121 square feet of induced retail floor space translates into 7.54 acres of future commercial supported by Tract 23143 residents. The market value for community retail centers is roughly on the order of $680,000 per developed acre.** Tract 23143 will induce/support 7.54 acres of future commercial development implies $5,127,849 of additional property value indirectly attributed by Crowne Hill. By applying the general fund apportionment factor (i.e. .2750535), the project will contribute $14,104 to the General Fund revenue. The aforementioned GeneralFund calculation is as follows: $5,127,847 x .27505235 x 1 percent = $14,104 Assuming an annual retail sales to retail floor space ratio of $143 per square foot commercial development. The $680,000 estimate is based on a recent survey of recently completed commercial projects in the Rancho California area. 15 Property Transfer Tax According to "General Guideline For Fiscal Impact Reports", property transfer tax revenue is estimated to be $6.88 per capita. The project is projecting an expected population increase of 2,635 people at full absorption. Hence, property transfer tax revenue will be $18,129. Franchise Taxes The formula for calculating franchise tax rates incorporates consideration of the utility companies' level of investment in facilities within the vicinity of the projects being serviced. In no circumstance is the franchise tax less than 1.0 percent of the gross revenue of the gas and electric utilities. Not enough data is available to accommodate a calculation of the precise franchise tax rate applicable to this project. As a consequence, the Consultants have assumed that the franchise tax revenue will be equivalent to at least 1.0 percent of the gross revenue. Gross revenue can be calculated as follows: Average Monthly Billing Per Household Annual Revenue Per Household Gas $28 $336 Electricity $54 $648 Total = $984 $984 x 1.0 percent tax = $9.84 per household of franchise taxes per year. The 1,054 new households implied by the project, therefore, represent franchise tax revenue of 1,054 x $9.84 a year, or $10,371 a year. Cable TV franchise revenues are based on 5.0 percent of gross revenue. Typical cable TV revenues average $20 per month per household. .In growing areas such as the area surrounding the subject site, 80.0 percent of the households are expected to subscribe to cable TV. Calculation of the revenue potential from this source, therefore is as follows: $20 x 12 months x 0.05 x 0.80 x 1,054 = $10,118 a year. 16 Total annual franchise tax revenue (e.g. natural gas, electricity and cable TV) is $12,656. F. Per Capita Revenue The County government receives a substantial revenue from other taxing jurisdictions as well as from fines and forfeitures, etc. A summary of revenue flows from these elements in relationship to,the population served is as follows: Per Capita- Unaudited Population Revenue/ Related Revenue Actual Served Capita Source FY 86-87 1/1/87 Motor Vehicle In-Lieu Federal In-Lieu $25,644,779 886,200 $28.94, 981,145 886 200 1.11' Fines and Forfeits (Road Fund) Cigarette Taxes Interest-Invested Funds Civil Penalties Franchises Penalties/Cost 2,404,279 886 415,486 294 9,599,482 886 99,743 886 2,220,480 294 2,938,206 886 200 2.31' 700 1.41' 200 10.81' 200 0.11, 700 7.53* .200 3.32* Total $55.94, For a population of 2,635 the annual revenue is $147,402. * Source: General Guidelines for.Fiscal Impact Report (1989) 17 Revenue Summary Property Taxes Residential Induced Retail Sales Tax Property Transfer Tax Franchise Tax Per Capita Revenue Total $ 459,600 14,104 117,433 18,129 20,489 147,402 $ 777,157 18 Cost A. Projections Police Costs According to the County Administration office, the cost of providing police protection to this project will apply the standard of one sworn officer per 900 population with an annual cost of approximately $94,115 per deputy or $104.60 per capita. This cost covers all vehicles, support equipment, County facilities and overhead. The increase in County population associated with this project is 2,635 persons. Therefore, the estimated police cost is $275.621 a year. Fire Costs County structural fire protection revenue is generated by times the appropriate apportionment multiplier to the corresponding increase in tax base value associated with Crowne Hill development. The apportionment factor for the subject are, tax rate area 094-067 and 094-068 is .05647570. The increase in tax base value is $172,223,518 (including retail development). The result is a projected fire protection revenue of $97,264. According to the Riverside County Fire Department, operational cost for structure fires are calculated at $100 per County dwelling unit. The Crowne Hill project, at build out, proposes 1,054 dwelling units which implies a future increase in residential fire protection operation cost of $105,400. Capital costs for police and fire facilities are expected to be funded by special fees or by assessments imposed on new development in the area. The net annual operational cost will exceed direct revenue by $8,136 (e.g. $105,400 minus $97,264). 19 Library costs The applicable library revenue apportionment factor is .02623483. By applying the apportionment factor for TRA 094-067 and 094-068 to the increase in tax base value of $172,223,518 produces an estimated annual revenue to library operations of $45,182. On-going County Free Library Cost is as follows: Annual on-going Service costs $47,299 Total annual cost' exceeds direct revenue by $2,117 ($47,299 minus $45,182). One-time Capital Improvement Costs are as follows: One-time Facilities Cost One-time Fee Collection Cost (Volume) $ 94,986 $218,705 Total One-time Facilities Cost $313,691 This one-time cost may be partially offset by a one- time library facilities mitigation fee of $100 per residential unit which will be collected within the Rancho California area. According to a Riverside City/County Public Library collection mitigation fee of $298 per residential unit would be necessary to provide a "desired level of service". Therefore, the County is currently undercharging developers $198 per housing unit. Additional library capital improvement funding will be provided via Federal and State block grant funding programs, private sector donations (i.e. Rancho California Building Foundation), and/or the Countywide Public Facility Mitigation fee program. In any event, no clear "one-time" funding mechanism exists that can be directly attributed to the Crowne Hill project. Thus, the consultant's have intentionally excluded it from further discussion with the understanding that some "one-time" capital improvement funding may be lacking as a result of future development. 20 Animal Control The costs of providing animal control service to Riverside County has been calculated as follows: Amount Population Cost Per Base Capita Field $776,684 425,630 $ 1.825 Services Kennel $126,065 517,180 $ 0.244 Services Total $ 2.069 For 2,635 residents of project, net'annual cost is $5,452. Roads and Streets The road fund receives an estimated revenue of $1,689- per lane mile per year. The project will include 23.1 lane miles of streets and will generate $39,016 a year. The county Road Department has calculated the annual road maintenance cost per lane mile to be $3,484., The project proposes 23.1 miles of new road maintenance at a future County responsibility of $80,480 a year. capital cost for road facilities are expected to be funded by special fees or by assessments imposed on new development in the area. Cost in excess of direct revenue is $41,464 per year (e.g. $80,480 minus $39,016). , Source: Riverside County Road Department, "General Guideline for Fiscal Impact Reports" 21 Local Parks and Lighting According to a CSA 143 representative, this project has been annexed to County Service Area 143 and is scheduled for service in the 1989-90 CSA 143 budget. This CSA will primarily provide street lighting maintenance in this area. The project has two, on- site parks. Assessments for the County Service Area will recover the cost of street lighting and contribute to the general cost of maintaining on- site parks and open space of benefit to the residents of this community. The net impact of this element on County costs and revenues, therefore, is null. Flood Control Flood Control Zone 7 is responsible for maintaining all new flood control facilities in the Rancho California area. The project itself contains no new flood control facilities and as such will not contribute any on-site flood control maintenance costs. Additional property tax revenues will be generated from the project for this maintenance function as follows: Flood Control Administration Flood Control - Zone 7 Total Apportionment Apportionment Factor (x 1.0 percent) 0.00257388 0.01585887 0.01843275 Net Increase in Assessed Value (including retail) $172,223,518 Total Flood Control Annual Revenue $ 31,746 Total Annual Revenue (i.e. $31,746) exceeds direct cost (i.e. $0) by $31,746. 22 H. Countywide Per Capita Costs Based on statistical information provided by the County's Administrative Office (see Appendix), the following data is the net County cost of operation: Type of Cost Net Cost General Cost Public Protection Mental Health Health Public Assistance Education/Recreation Other Miscellaneous $ 24,959,217 82,811,799 4,173,833 10,395,375 13,409,021 1,870,521 6,962,552 Per Capita Cost = $169.87 (net cost/population), For 2,635 residents of project, the annual cost for the project = $447,607 Based on "General Guidelines for Fiscal Impact Report - County Services" 23 Cost/Revenue Summary cost Summary Police Fire Library Animal Control Roads Parks, Street Lighting Flood Control (net revenue) Countywide Per Capita $275,621 $ 8,136 $ 2,117 $ 5,451 $ 41,464 -0- ($ 31,746) $447,607 Total Costs $748,650 Revenue Summary Property Taxes Residential Induced Retail Sales Tax Property Transfer Tax Franchise Tax Per Capita Revenue $ 459,600 14,104 117,433 18,129 20,489 147,402 Total Revenue $ 777,157 Net Benefit $ 28,507 24 cou .Z Z c, Prr,,, cos'r F.Y. 86-87 PER CAPITA NET COUNTY COST, SY COST CENTER 11/23/67 I F.Y. 86-87 I PoPulationl Cost Per I Unaudfted Actual I Served I Caofta DEPT I DEPARTHENT NAHE I Net Co Lost I 1/1/87 J F.Y. 86-67l 101 BOARD OF SUPERVISORS 102 CLERK OF THE BOARD 103 ADMINISTRATIVE OFFICER 112 ASSESSOR 113 AUDITOR-CONTROLLER 116 PURCHASING AGENT 117 TREASURER & TAX COLLECTOR 118 CENTRAL mAILING 122 COUNTY COUNSEL 132 PERSONNEL 140 ELECTION DEPARTMENT 144 ELECTIONS 159 COMMUNICATIONS 168,9 BUILDING SERVICES 185 OEPT ECONONIC./CONMUNITY 190 CONTRI8 TO OTHER FUNDS 191 INSURANCE 193 SURVEYOR 197 DATA PROCESSING 1,148,412 168,195 939,103 8,795,776 1,162,852 320,840 2,005,952 141,858 1,095,766 1,068.226 712,880 599.000 11,756 6,382,489 460,986 763.200 441,354 651,890 68,580 886,2001 886,200l 886,200J 666.200J 886,200J 886,200~ 886,20Df 886,200 886,200 886,200 886,200 886,200i 886,200 886,200 886,200 886,200 886,200 294,?00 886,200 sl.3of S.1gl sl.o6i $7.671 $1.31 $.36 S2.26 S.16 $1.24 $1.21 $.80 $.68 $.ol $?.20 $.52 $.88 $.50 $2.21 $.08, sub-total General 24,959,217 $29,64 200 SUPERIOR COURT-RIVERSIDE 2C1 SUPERIOR COURT-DESERT 202 CONCILIATION SERVICE 206 NUNZ CT MT SAN JAC 209 mUNZ CT THREE LAKES 210 EXECUTIVE OFFICER-JURY CON 211 mUNICIPAL COURT-CORONA 212 mUNICIPAL COURT-DESERT 213 mUNICIPAL COURToRZVERSIDE 226 GRAND JURY 227 COUNTY CLERK 229 DISTRICT ATTORNEY 229 PUBLIC DEFENDER 231 SHERIFF· 233 CAL-ID PROGRAN 234 HARShALL-DESERT 235 NARShALL-RZVERSIDE 240 ACADEMY OF JUSTICE 248 CROSSING GUARDS 252 JAIL 254 JUVENILE HALL 256 PROBATION 262 AGRICULTRAL CO~JSSZONER 284 BUILDING & SAFETY 288 SEALER-mEIGHTS & mEASURES 292 CORONER-PUBLIC ADNIN 294 LOCAL AGY FORMATION COmM 295 PLANNING sub-total Pubtic Protection 3,244,640 1,205,519 29.106 1,194,838 ?86,569 1.792,453 543,838 1,784,715 2.023,378 153,103 844,o8o 9.9ol,838 4,805,386 tl,635,433 236.726 904,277 2,196,oo9 61,955 73,457 17,8RI,367 8,117,D04 7,623,129 854,607 1,246,010 359 2,473,615 110.607 1,071,781 82,811,7~9 886,200 886,200 886,200 886,200 886,200 886,200 886,200 888,200 886,200 886,200 886,200 886,200 886,200 886,200 886.20~ 886,200 886,200; 886,20~ 886,200 886,200 886,200 886,200 886.200 294,700 886.200 886,200 886,200 294.100 $3.65 $1.36 S.o3 $1.35 S.89 $2.02 $.61 $2.01 $2.28 $.17 $.95 S11.18 S5.42 $13.13 $.21 S1.02 $2.481 $.07 $.oe $20.19 $9.16 S8.60 $.98 $4.23 $.00 $2.79 $.12l $3.64] $96.70 aOS RENTAL HEALTH-PUB OUARD 404 RENTAL HEALTH SUB ABUSE 805 RENTAL HEALTH DRUG ABUSE 406 RENTAL HEALTH TREAT PROG 406 RENTAL HEALTH 515,428 183,006 236,007 2,707,195 532,195 eeB,200l 886,2001 866,2001 666,2001 seB,2601 I.s61 S.2U S.271 $3.051 $.6ol sub-total Mental Health 4.173,833 14.71 411 HEALTH 412 ENVIRONMENTAL HEALTH 413 CALIFORNIA CHILD BVS 414 OCCUPATIONAL HEALTH 426 HOSPITAL/ANB~LANCE SERVICE 127 NEDICALLY INDIGENT PEPS P 128 HOSP/PEDS ABUSED CHILD 2,535,510 921,206 779,674 248,629 4,963,266. 739,699 207,401 PS6,200 886,200 886,200, 886,200 H6,200 886,200 S2.86 Sl.o4 $,68 $.28 $5,6o S,83 $.23 sub-total Heahh 10,395,375 f11.73 510 DEPT PUB SOt SERV-ADHXN 520 OrBS-CATEGORICAL AID 521 DEPT PUB SERV-OTHER AID 525 DONESTZC VIOLENCE PROGRAM 549 COURT PLACEMENT CARE 561 VETERAN SERVICE 596 OFFZCE ON AGING 4,802,695 6,614,568 727,452 25,315 271,370 331,114 436,307 H6,200 886,200 986,200 886,200 866,200 866,2001 686,2oo S5.42 $7.69 S.82 S.31 $.37 S.46 sub-total Public Assistance 13,409,021 S15.13 621 COOPERATIVE EXTENSION [ 306,505 7C1 PARKS I 1,564,016 886,2001 $.351 886,2001 subttl-Educat~on/Recreation 1J?0,521 S2,HI 612 LEASE-PURCHASE LONG TERN I 2,392,140 816 INTEREST ON REVENUE & TA I 3,670,175 618 CORAL J 105,516 619 CORAL-PUBLIC FACILITY PROJE[ 594.721 886,2001 $2.?01 686,2001 S4,371 866,200J $.12l 886,200l $.67l sub-total Other 6,962.552 $?.86 TOTAL J 144,582,318 I I $169.871 * $11,635,433 of the Shertff's 86-81 budget (CC 231) mas allocated to Countywide functions such as the SIIAT team, c~vil functions, etc. These costs ore not in the contract rate for patrol services and therefore must be accounted for per capita. ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 4, 1993 Case No.: Final Environmental Impact Report and General Plan RECOMMENDATION: Prepared By: The Planning Center John Meyer David Hogan RECOMMEND Certification of the Final Environmental Impact Report and Adoption of the Draft General Plan to the City Council. BACKGROUND On October 19, November 2 and 23, and December 7, 1992, the Planning Commission held Public Hearings on the Draft General Plan. To date, the Commission has tentatively approved all the General Plan Elements. At the January 4th meeting the Commission will consider the Draft Environmental Impact Report, closing public testimony and make a formal recommendation to the City Council. ENVIRONMENTAL IMPACT REPORT Background An environmental impact report iS a document which is intended to describe and analyze potentially significant environmental effects and discuss ways to mitigate or avoid these effects. The legal requirements for the preparation and adoption of an environmental impact report are contained in the California Environmental Quality Act, as amended (CEQA), and further explained in the CEOA Guidelines prepared by the Governor's Office of Planning Research, Contents of an Environmental Impact Report The purpose of an environmental impact report (EIR) is to provide information to decision makers, responsible and affected agencies, and the public about what is likely to occur as a result of the proposed project. To facilitate this goal, the California Environmental Quality Act and Guidelines require that an environmental impact report provide the following information: 2. 3. 4. 5. A description of the project; A description of the project's physical and environmental setting; The significant environmental effects of the project; The project's unavoidable significant environmental effects; The mitigation measures or actions needed to reduce the effect of the project on the environment; 6. The alternatives to the proposed project; 7. The relationship between short-term uses and long-term productivity; 8. The significant irreversible effects and changes which would result from the project; 9. The project's growth inducing impacts; 10. The environmental effects which were found to not be significant; 11. The project's significant cumulative effects and, 12. The comment letters received on the draft EIR; 13. 14. The responses to the comments received on the draft EIR; and, A list of persons, organizations, and agencies consulted with or commenting upon the draft EIR. Process for Preparing and Certifying EIR's In additions to the contents of an environmental impact report, State Law also contains standards for the preparation, notification, review and comment, and certification (adoption) processes. The standardized process for the certification of an EIR is as follows: 5. 6. 7. 8. Notice of Preparation (of an EIR) to solicit public and agency issues and concerns and determine the scope of the EIR; Preparation of the Draft Environmental Impact Report (DEIR); Notice of Completion (of an EIR) and the distribution of the DEIR for public review and comment; The response comments received on the DEIR; Preparation of the Final EIR (FEIR); Certification that the EIR was prepared in accordance with the provisions of CEQA; Adoption of a S~atement of Overriding Considerations; and, Notice of Determination (that a decision has made using the FEIR). Initial Environmental Study The Initial Environmental Study lIES) was completed for the Draft General Plan and a Notice of Preparation (NOP) was issued on April 15, 1992. The IES identified a number of potential impacts associated with the following issue and resource areas: · Geology and seismicity · Population, housing and employment · Transportation and circulation · Public services and utilities · Aesthetics · Light and glare · Cultural resources · Parks, recreation and trails · '- Fiscal impacts · Air Quality · Hydrotogy · Biological resources · Noise · Land Use · Agricultural resources · Safety and the risk of upset The City received a number of responses to the NOP from a number of federal, state, and regional organizations and individuals on the scope and content of the proposed environmental impact report and these comments and concerns were considered in the preparation of the Draft EIR. The Initial Environmental Study is included in the Draft EIR Technical Appendices. The Draft Environmental Impact Report (DEIR) was completed in August, 1992. The DEIR was sent to responsible and trustee agencies and previously identified interested parties. The official public comment period for the DEIR was from August 14, 1992 to October 2, 1992. During the comment period, the City received 13 comment letters from 12 different agencies or organizations. In addition, a letter was received after the comment period ended. This letter was also considered in the preparation of the FEIR. The majority of the comments were focused on the continued identification and preservation of biological resources. Air quality, circulation, aesthetics, and agriculture were also discussed in the comment letters. The comment letters and responses to comments are attached for the Commission's review. Significant Environmental Effects The following table lists the identified environmental issues and the level of significance of the impacts after mitigation. ENVIRONMENTAL:IMPACTS Geology and Seismic Hazards Air Quality Hydrology Biology Noise Land Use/General Plan/Zoning Agricultural Risk of Upset Population/Housing/Employment Transportation/Circulation Fire Service Police Service Hospital Service Paramedic Service Education Library Water Sewer Solid Waste Electricity ~EL !:OF: SIGNIFI CANCE:AFTER M ITIGATI ON Mitigated to a level of insignificance Significant No significant impacts Significant Significant Mitigated to a level of insignificance Significant Mitigated to a level of insignificance No significant impacts Significant Mitigated to a level of insignificance Mitigated to a level of insignificance No significant impacts No significant impacts Mitigated to a level of insignificance Significant'- Mitigated to a level of insignificance Mitigated to a level of insignificance Mitigated to a level of insignificance No significant impacts ENVIRONMENTAL :IMPACTS Natural Gas Aesthetics Light and Glare Cultural Resources Parks/Recreation/Open Space Fiscal Impacts CONCLUDING DISCUSSION AND PUBLIC LEVEL OF SIGNIFICANCE AFTER MITIGATION No significant impact Mitigated to a level of insignificance Mitigated to a level of insignificance Mitigated to a level of insignificance Mitigated to a level of insignificance No significant impacts TESTIMONY ' A final revisions addendum has been attached for the Commission's review. It includes the revisions directed by the Commission at each of the past four meetings, as well as to the original revisions which were presented to the Commission. In addition to receiving public testimony on the EIR, staff recommends that the Commission receive final public comments on the Draft General Plan. These comments may address any portion of the Plan. In order to facilitate this last round of 3ublic testimony~ the Commission may wish once again proceed element by element. Should the Commission wish to make additional revisions to the document or request additional information based on public testimony, additional public hearings before the Commission will be scheduled by staff. Recommendation: If is Staff's recommendation that the Planning Commission approve the Final Environmental Impact Report and recommend that the City Council Certify the FEIR, Attachment: Response to Comments - blue page 5 Revisions Addendum - blue page 6 Update Parcel Specific Land Use Request Matrix - blue page 7 ATTACHMENT NO. 1 RESPONSE TO COMMENTS City of Temecula General Plan/Environmental Impact Report RESPONSES TO COMMENTS January, 1993 Consultants for the Preparation of the General Plan Environmental Impact Report The Planning Center Urban Planning and Environmental Analysis Stanley R. Hoffman Associates, Economic,s/Fiscal Analysis Wilbur Smith Associates, Traffic Analysis NBS/Lowry, Infrastructure CITY OF TEMECULA General Plan Program CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT RESPONSES TO COMMENTS The Draft Environmental Impact Report (EIR) was made available for public review and comment pursuant to State California Environmental Quality Act (CEQA) Guidelines (Section 15087(c)) for a period of 50 days starting on August 14, 1992 and ending on October 2, 1992. During this review period comments were received on the Draft EIR from the public and responsible agencies. In accordance with State CEQA Guidelines, Section 15087(a), the Lead Agency has evaluated comments on environmental issues received from persons who reviewed the Draft EIR and has prepared a written response. Each comment submitted in writing is included along with a written response. The comments have been give a reference number in the left margin. The following is a list of agencies and other interested parties that submitted comments on the Draft EIR during the public review period: Federal and State A~,encies: A. Department of Transportation, District 8 (9-30-92) B. The Resources Agency of California, Department of Conservation (9-28-92) C. Environmental Protection Agency, California Integrated Waste Management (10-1-92) D. Office of Planning and Research (10-5-92) Regional and Local Agencies: E. South Coast Air Quality Management District (9-30-92) F. County of Orange, Environmental Management Agency (9-9-92) G. Southern California Association of Governments (9-25-92) H. Riverside County Planning Department (9-28-92) I. Riverside County Planning Department (10-2-92) Interested Aaencies and Citizens J. Friends of the Santa Margarita River (9-28-92) The Planning Center EIR RESPONSE TO COMMENTS Fa{~l,a~sneoM. ,.t.4sz Page I CITY OF TEMECULA General Plan Program K. L. M. Preserve Our Plateau (9-17-92) Dangermond & Associates (9-25-92) Friends of the Alamos District (9-30-92) The Planning Center EIR RESPONSE TO COMMENTS ~-o~.~snco~, - ~oa,m Page 2 LETTER A S'r*'I~ OF CALIJI(~INI,i--IUSII4leal, TII&NIIIOI/AI'I~N AND ~1~ DEPARTMENT OF TRANSPORTATION Slpr,*mher 23 ~ 1992 O8-Riv-15-3,4 RECEIVED 9 t992 Au'd ......... )fT. John Meyer Senior Planner City of Temeoula 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Meyer: Draft =nvironmental Impact Report for General Plan T/~date A-1 We have reviewed ~.he above-referenced document and request consideration of the following co~ents: It is recognized =hat t_here is considerable public concern about noise levels adjacent to heavily traveled highways. Certain types of land use may no= be appropriate near a major highway and/or may require special noise a=~enuatton measures. The General Plan should incl=de a policy that requires development =0 provide any necessary attenuation measures as mitigation for noise impacts. when available, we would like to receive the NOtice of De=ermine=ion, Final ~nvirc~unental Impact Report, and the date of any public hearing on =hie project. Please send this information A1 Mullet Transportation Planning, CEQA/IGR california Depar~en= of Transportation P.O. Box 231 San BernardanD, CA 92402 Pa~ 3 Mr. John Meyer Sap=ember 23, 1992 Page Two If you have any questions, please u~ntac~ A1 Mullet at (714) 383-4550 or FAX (71A) 383-5936. Sincerely, Transpoz~ca=ion Planning CEQA/IGR Page CITY OF TEMECULA General Plan Program A. Department of Transportation, District 8 (9-30-92) A1 Response: This comment requests a policy requiring the mitigation of noise impacts for new development. This has been addressed in the following General Plan policies, that are also considered project mitigation on page 166 in the DEIR: Policy 1.1 Discourage noise sensitive land uses in noisy exterior environments unless measures can be implemented to reduce exterior and interior noise to acceptable levels. Alternatively, encourage less sensitive uses in areas adjacent to major noise generators, but require appropriate interior working environments. Policy 3.5 Require mitigation of all significant noise impacts as a condition of project approval. The Planning Center EIR RESPONSE TO COMMENTS TEM411'~..~nCOM · 10/14m Pa~ 5 8-1 Memorandum Mr. Douglas P. Wheeler Secretar~ for Resources Mr. Joh~ Meyer City of Temecula 43174 Business Perk Drive Temecula, CA 92590 SEP 2 8 September 22, 1992 · a~Draft Environmental Impact Report (DEIR) for the Temecula General Plan. I~[ f92052068 The Departmen~ of Conservation, which is responsible for monitoring farmland conversion on a statewide basis, has reviewed the City of Temecula~s DEIR for the general plan amendment referenced above. The amendment affects 39,008 acres of land including 842 acres of prime farmland and 2,633 acres under Williamson Act contracts. The general plan calls for the conversion of prime farmland and designates current agricultural preserves to active non-agricultural uses. Section 4.7.4 of the DEIR identifies the loss of 842 acres of prime land and 2,633 acres of agricultural preserve land as 'a significant and unavoidable impact which cannot be'mitigated.- The document goes on to say =hat "implements=ion of several General Plan policies helps mitigate impa~s associated with urban/agriculture land use confli6-te." However, since our Department did not receive a copy of the General Plan which includes the policies mentioned, the information we have to determine the adequacy of mitigation is incomplete. Although we commented on the NOP and included the following list of mitigation measures, we would like to reiterate that a combination of these would lessen farmland conversion impacts. Directing urban growth to lower quality soils in order to protect prime agricultural land. Increasing densities or clustering residential units to allow a greater portion of proposed development sites to remain in agricultural production. Protecting other, existing farmland of equivalent, or better, quality through planning policy that relies on an active and strategic use of the Williamson Act. Establishing buffers such as setbacks, beTms, greenbelts, and open space areas to separate farmland from urban uses. Many communities consider 300 feet as a sufficient buffer for impacts such as pesticide spraying, noise, and dust. Implementing right-to-farm ordinances to diminish nuisance impacts of urban uses on neighboring agricultural operations, and vice-verse. Adopting a farmland protection program that'utilizes such land use land use planning tools as transfer of development rights, purchase of development rights or conservation easements, and farmland trusts. Page 6 Mr. Wheeler and Mr. Mayere September 22, 1992 Page Two 8-2 Since the section in the document which discusses the Williamson Act is rather brief, we are including some information here which we hope will clarify the nonrenewal, cancellation, and notification requirements. We have also included a brochure with general information about =he Act. We appreciate the.opportunity to comment on the Draft Environmental Impact Report. We hope that ~he fanland conversion impacts and the Williaison Act contrac~ issues are given adequate consideration in ~/~e final EIR. If i can be of fur=net assistance, please feel free to. call me at (916) 445-8733. Deborah L. Hermann Environmental Program Coordinator co: Kenneth E. Trott, Manager Land conservation Unit Riverside - Corona Resource Conservation District Page 7 CITY OF TEMECULA General Plan Program B. The Resources Agency of California, Department of Conservation (9-28-92) B1 Response: The Temecula General Plan contains several policies and implementation programs which parallel the mitigation measures included in the NOP letter received from the Department of Conservation. Specific policies included in the Open Space/Conservation Element which help lessen impacts to agricultural resources are: Policy 7.1 Encourage the continued production of prime agricultural soils, groves and other agricultural activities in the StUdy Area and adjacent wine country. Policy 7.2 Coordinate as necessary with Riverside County in the preparation of a County Agricultural Element. Policy 7.3 Discourage urban development in agricultural areas outside the Village Centers or the existing built-up areas of the City. Policy 5.11 Study the feasibility of establishing a System of Transferable Development Credits, in conjunction with the County, to conserve open space or agricultural uses. In addition, the following implementation programs are included as part of the Open Space/Conservation Element: H. Conservation of Agricultural Resources Develop effective zoning regulations or other land use mechanisms which control the expansion of intensive non-agriculture development onto productive or potentially productive agriculture lands. 2. Recognize existing agriculture preserve contracts and promote the inclusion of additional prime agriculture land. 3, Scenic or resource conservation easements should be evaluated as suitable means for protecting prime farmland that is located adjacent to residential areas and where the property does not qualify for inclusion in an agriculture preserve program. 4. Implement a program that uses the Village Center concept to reduce urban sprawl into agricultural areas. The Planning Center EIR RESPONSE TO COMMENTS T~.~I,,R~nC~ · ~4m Page 8 CITY OF TEMECULA General Plan Program Require new developments to be monitored in compliance with AB 3180 ("Mitigation Monitoring Program") and report to the City on the completion of mitigation and resource protection measures required for each project. B2 Response: Based on the additional information provided by the Conservation Department the following text has been added to page 182, following paragraph 2 of the DEIR: "Williamson contracts may be terminated in four ways. The normal method is nonrenewal. Contracts renew themselves automatically each year unless either the property owner or local jurisdiction initiates contract nonrenewal. Once nonrenewal commences, the contract winds down over a nine year period. As soon as the nonrenewal process starts, Open Space Subvention payments on that land cease and property taxes gradually climb back to their unrestricted level over the remaining term of the contract. In unique circumstances, where contract termination is consistent with the purposes of the Act, or where there is an overriding public interest to be protected, a contract may be immediately cancelled. Cancellation must be initiated by the landowner. In addition, the local governments are required to make specific findings, and the landowner must pay a considerable cancellation penalty to the State. A third method of termination is through eminent domain proceedings. A public agency, after finding that noncontracted land is not suitable or available for public improvement, may acquire Williamson Act contracted land. The Act directs public entities to avoid using Williamson Act lands in locating projects. The Act further requires public agencies to notify, and to consider comments from, the Department of Conservation before acquisition via eminent domain. The fourth method of termination is by city annexation. Before January 1, 1991, a city could protest county Williamson Act contracts with landowners on land within one mile of the city's boundaries. If a contract had been protested prior to its signature, upon annexation of the contracted land, the city could opt not to succeed the contract, thereby terminating it without penalty to the landowner. While the protest provision has been eliminated from the Act, there are still many acres under previously protested contracts that will continue to come out of the Act as cities annex new lands.TM California Resources Agency, Department of Conservation, "California Land Conservation (William son) Act Status Report - Fiscal Year 1989-90." The Planning Center EIR RESPONSE TO COMMENTS · rr~-ot~'2mm. xo/l.m Page 9 LETTER C state of California MEMORANDUM ~u~onmentaZ ~ro~ect~on ~gen~ Michael Chiriatti State Clearinghouse 1400 Tenth Street Saoraumento, CA 9~814 Dater September 29, 1992 ~rom John Meyer City of Tomecola 43174 Business Park Drive Tomsouls, CA 92~90 RECEIVED OCT 0 1 1882 : Lcrrazne Van Keker~x,/~anager waste Generation Analysis and Environmental Review california Integrated waste Managemen~ 30ard SUbject; SCI{ #920520S8 TI~CUT. A GEI~PLAN DRAFT EIR, RIVERSIDE COUNTY. C-1 PROJECT DEBCRIPTION The Temecula Study Area is located in the southwestern corner cf Riverside County. The TameculaGeneral Plan study area totals approximately 60 square miles. The buildout scenario of the proposed General Plan would result in a total of 79,299 housing units, with a balance of residential, commercial and industrial establleruments. Retail and business development will occur within multiple commercial centers, not necessarily within a single Central Business District. COMMENTS california Integrated Waste Management Board (CTWMB) staff have reviewed the DEIR for =he document cited above and offer the following comments: In consideration of the California Envirorunental Quality Act (CEQA) section !5205(c) CIWM3 staff will focus comments on specific issues involving waste generation and ~ispcsal. CIWMB staff request t~at the Final Environmental Impact RepoT= (FEIR) identify any past or present areas of unpermitted landfilling and/or dumping at the Tomsouls Study Area and discuss mitigation measures. Page 10 C-2 C-3 C-8 The City of Tomsouls DEIR Page 2 NeW residential and commercial development~ increase =he amount of waste being sent to landfills. To minimize the emo~_~t of solid waate going into l~ndfills, staff recommends that the following measles be considered in the FEIR: A.) Implements=ion Of a recycling pro~am in the residential development areas, Provide "information ' =0" residents 'about' the recycling services in the. dsvelapment area(s). Identify buy back centers and possible markets =or racyclables in the axes(s), Suggest to residents and businesses that They recycle glass, metal, paper, cardboard, and other materials to the maximum exten~ feasible. Pr~mote the use cf insulation and made o~ recycled materials in the development structuxes. other products construction of D,) Promote the inclusion of recycling materials storage areas into the design of the residential units. suggest to residents and businesses that they utilize produc~s made from recycled materials to the maximum extent possible, Than/you for the opportumity to review and comment for the City of Temecula General Plan DEIR. If you have any ~uestions regarding these com:nenus, please contact Claire Miller of the Board's Waste Generation A~alysis end Envirorunental Assessment Branch at (916) 255-2333. Pag: 11 CITY OF TEMECULA General Plan Program Environmental Protection Agency, California Integrated Waste Management (10-1- 92) C1 Response: Permitted and unpermitted landfills The California Integrated Waste Management Board's Solid Waste Information System (SWIS) reported that no permitted or unpermitted landfills exist in the Temecula Study Area. However, consultation with the County of Riverside Waste Management Department revealed that a landfill site named the Temecula Landfill was in operation within the Study Area between 1969-1971, located on Rainbow Canyon Road, east of I- 215 and west of Pechanga Creek. The Riverside County Health Department Local Enforcement Agency reported that the site lay dormant from 1971 until 1990. In 1990 it was discovered that municipal waste was burned onsite between 1969 and 1971 and had left lead residue in the soil. The Riverside County Health Department has since aleclassified the landfill as a hazardous site due to the nature of the lead contamination and its inability to leach into the ground water. The owner of the site wishes to keep the soil on site pending the approval of the San Diego Regional Water Quality Controt Board. The owner of the site plans to build a recreational facility on the site which is currently designated as Open Space/Recreational by the Temecula General Plan Land Use Element. This designation allows both public and private areas of permanent open space including local parks which also accommodates certain commercial outdoor recreation uses as a conditional use. Permitted and unr~ermitted dump sites The Riverside County Environmental Health Department Local Enforcement Agency was contacted on June 7, 1991 to determine if any permitted or unpermitted dump sites exist within the Temecula Study Area. The Agency is currently researching dump sites and information will be made available to the public upon completion of the study. C2 Response: The City started its curbside recycling program in 1991. In reference to new residential and commercial development waste generation, page 265 of the DEIR states, "Sufficient landfill capacity to accommodate projected growth is an issue the City must address as the General Plan evolves." The Planning Center EIR RESPONSE TO COMMENTS TEU-01,11. ESnCQ~ · 10/14Sl 11181:12 CITY OF TEMECULA General Plan Program The City Council approved the preliminary Source Reduction and Recycling Element (SRRE), the Household Hazardous Waste Element (HHWE), and their proposed Negative Declaration October 6, 1992 with final approval expected in late November or early December, 1992 by City Council. C3 Response: Refer to Response C3. In addition, the preliminary SRRE encourages the use of buy back centers. C4 Response: As stated in the preliminary SSRE the City's Purchasing Department will give a 10% bid advantage for those construction contractors who use building materials manufactured with recycled materials. C5 Response: Based on a conversation with Jo Hreha, City of Temecula, on October 10, 1992, single- family homes built in Temecula are designed to accommodate three sixty-gallon drums issued to residents as pan of the recycle program. C6 Response: The preliminary SRRE contains a detailed public education component which teaches the communitv about recycling and its results. Specifically, it includes information regarding recyclable products in the marketplace and encourages the purchase of such materials. The Planning Center EIR RESPONSE TO COMMENTS :,'r~.~,u,.mncoM. l~,m hge 13 GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO. CA 95814 Oct 02, 1992 JOMN MEYER CITY OF T~MECULA 43174 BUSINESS PARK DRIVE T~MEClTLA, CA 92590 Subject= TEMECULA GENERAL PLAN AMENDMMNT SCH # 92052068 RECEIVED' OCl 0 5 ~Z lm' l ............ Dear JOMN MEYER: The State Clearinghouse has submitted the above named draft Environme.tel Impact Report (~IR) to selected state agencies for review. The review period is now closed and the comments from the responding agency(ass) is(are) enclosed. On the enclosed Notice of Completion form you will note that the Clearinghouse has checked the agencies that have commented. Please review the Notice of Completion to ensure that your comment package is complete. If the comment package is not in order, please notify the State Clearinghouse immediately. Remember to refer to the project's eight-digit State Clearinghouse number so that we may respond promptly. Please note that Section 21104 of the California Public Resources Code required that: "a responsible agency or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency,o= which are required to be carried out or approved by the agency.- Commenting agencies are also required by this section to support their comments with specific documentation. These comments are forwarded for your use in preparing your final EIR. Should you need more information or clarification, we recommend that you contact the commenting aqency(ies). This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact Russell Collieu at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, Christins Kinne Acting Deputy Director. Permit Assistance Enclosures co: Resources Agency Pa~c 14 CITY OF TEMECULA General Plan Program D. Office of Planning and Research (10-5-92) D1 Response: Comment noted. The Planning Center EIR RESPONSE TO COMMENTS rr~l,.zs~coM. ,~,,m PI8~ 15 LF_I Ic~ c South Coast AIR QUALITY MANAGEMENT DISTRICT 2t88~ =,. Colrosy DrWt, Dlamo~cl BIt. CA 91 765-4~82 (Tq4)396-~000 -qepmmber SO, lgrl Mr. Jekn MaWr Senior lZlsnner CtW of Tsmmcs~ 41174 Business lstrk Drive Tsmsmls, CA. 92590 Dur Mr. Meyer:. C~mme=t, Im tim ])~t Knvironmeattl ~ ~ br the Off of Ttms'nlsGmmrt!P!sm mgltlct'~ IL't0Z0834-01 The South Cosaz Air Quality l~,-,q~reepI Dlsma (Dislrl~) is respomibl= for s:iopttz~ implezncmtn~, s~d cnforci~ sir qutli~ re~lsliam in the Sou~ Coul Air Butn. The Dismc: r:views Ind analyzes environmental clocumsms for projecm thsz m.y lenerlm si,--i~czm air qualt~ impam, and thereon advises the lucl ~ency. The Disuicz has reviewed the Propessd Dzah Ill for r~e ,,bore-mentioned pro}act Based upon our analysis, the Disu'ic~ has dezenutned zha~ several shcrrx-tcrm and loz~-mrm air quslky impsas were inslleq~m~y assssssd. The Drsh EIR does not contain .-c-~'sm or a~ Luformstion on whi~ ~o bsse s.n informed decision. E-1 The EIX Lndicazes ~e ezr~issiom b, cmrs u~ci, were ~rom the Dismers CP_~A Hindbook. E-2 However. the fa~:ots used do not include hot/cold start, hot soak and evsporativ= runnin~ IOMeS. Th~reforl, ~ isl:inil~d ~133iM~m Ire I(_m~t'N~'sstly hilltar thin L13dksted sncl Ibe amissions wilt need to be realculstsd. .I,30 Mr. ~ohn ~r .2- O~r 2, 1992 It ts ~xtal that tn~ BIg clarify '.he re,anal setdn8 and 00peelalty the t~S~cnal p~._._. the d~l w~th k, xp m ,nvinmmsnml proble~,m such su x~r q,.~i~. The F. IK musx ~om~dsr oonsiaxeney of the Oecfz~ 1'~ wi~ ~ other applicable plans, includ~2: ~99~ A~r ~tl~y Msmag~ms::t Plan local Adopted Congestion M, lzlatlament Proiram (impacts on mzabltshed levels of Any other re2lonal pitus (gei~onnl Orow~ Mana2~nent Plan. ~w.) that applicable m ~ Clt~ Ean. The Dismet apprecmtsa the 0ppormnit~ ~o mm on ~e propped Drift ~ a~ looks fol~d to r~ceivin2, revised ax~lysh p~cr :o the ~ x~ projec~ appr~al. If y~ have any ~-d:~er questions, please oontacx Conuis Day, ProFen Supervise. at ~14) 396-30J5. C2~:CAD:aB Page 17 CITY OF TEMECULA General Plan Program E. South Coast Air Quality Management District (9-30-92) E1 Response: The analysis in the DEIR provides quantified emissions, where feasible, in the analysis of construction related emissions. Emissions are provided for construction related vehicle trips on a typical site and for fugitive dust from earthmoving activities. To provide any further detail related to concurrent development in the City would be speculative. The development covered by the General Plan would not only be phased in over a period of years, it would occur throughout the City and may not result in significant concentrations in any single area. While the EIR identifies the types of emissions expected during the construction phase of the General Plan, estimates of these emissions can only occur at the project review phase when site specific information is available. It should be noted that extensive mitigation is provided in the EIR to reduce construction impacts by the best available methods. This mitigation would be attached as conditions of project approval, in addition to site-specific measures. E2 Response: The emissions have been recalculated to account for hot/cold start, hot soak and evaporative running losses. The following data replaces Tables 6 and 7 on page 85 in the DEIR and paragraph 1 on page 86. In addition, the analysis assumptions are provided below, replacing the Emission Inventory Assumptions in Volume III, Technical Append ices. Table 6 Mobile Source Emission Inventory (Lbs./Day) Criteria Air Sphere of Influence City of Pollutant and Area of Interest Temecula Total CO 55,474 62,680 118, 154 ROG 2,968 3,332 6,300 NOx 4,895 5,531 10,426 Paniculates 1,893 2.139 4,032 Table 7 Proposed General Plan Emission Inventory (Lbs./Day) Criteria Air Natural Pollutant Gas Electricity CO 383 606 ROG 101 30 NOx 153 3,486 Paniculates 2 121 Vehicular Total 118,154 119.143 6,300 6,431 10,426 14,065 4,032 4,155 The Ptanning Center EIR RESPONSE TO COMMENTS ~EM-o,,..,cra~.c~,., · tot..,m Page 18 CITY OF TEMECULA General Plan Program The emissions associated with the proposed General Plan are expected to be 119.143 pounds of carbon monoxide, 6,431 pounds of reactire organic gases, 14.065 pounds of NOX and 4,155 pounds of particulates on a daily basis. The change in land uses from existing to proposed General Plan conditions results in a significant increase in regional air pollutant emissions from mobile and stationary sources proposed in the General Plan." E3 Response: The EIR identifies consistency with applicable regionat plans in the air quality, transportation, land use, and population/housing/employment sections. The air quality section describes regional air quality planning efforts as they relate to the Air Quality Management Plan, Local Government Control Measures/Actions and the Western Riverside Sub-Regional Air Quality Implementation Progra. m addressing air quality and the Riverside County Congestion Management Plan TDM requirements. The circulation section considers consistency with regional transportation planning in and around Temecula. The land use and population/housing/employment sections address SCAG planning for jobs/housing balance in the GMP and the AQMP. Elements and strategies of these plans were incorporated into the General Plan and EIR wherever feasible. The Planning Center EIR RESPONSE TO COMMENTS r~-~,w. isnco,~ · 1oa.m Page 19 RECEIVED RANGE SEP 0 4 1992 MICHAEL M. RUANE DIRECTOR.~.4A THOMAS i. MATI~a'NS DIRECTOR OF PLANNING LOCA'I~ON: 12 CIVIC CENTER PLAZA SANTA ANA. CA MAIUNG ADDRE9R: P.C. BOX 4O48 SANTA ANA. CA e27131-404~ John Meyer, Senior Planner City of Tamecull Planning Department 63174 Business Perk Drive Temecule, CA 92590 SUBjeCT: DEIR for =he Gener&l Plan Dear Mr. Meyer: F-1 ;Thank you for the opportunity to respond to the above referenced item. The County of Orange has no comment at this time. However, ve would appreciate being informed o£ any further developments. If you have any questions or need to contact us, please call Karl Rigoni at (71~) 83&-2109. Very truly yours, For: Timothy S. Neely, Manager Environmental Planning Division CH:sahEPL01-135 209031A~5119~ Pa~ 21 CITY OF TEMECULA General Plan Program F. County of Orange, Environmental Management Agency (9-9-92) F1 Response: Comment noted. The PLanning Center EIR RESPONSE TO COMMENTS Page 22 818 West Seventh Stmm,12tl~ Fleet · Loe Angeles, Cmlffimla 90017-3435 '~ (213) 236-1800 · FAX (213) September :23, 1992 Mr. lohn Meyer CiW of Temecula Temecula Planning Depa~h.ent 43174 Business Park Drive Temecula, CA 92590 RECEIVED 5EP 2 5 1992 Pa: Temecula Dz'~ General pl_n. BCAG ClcafinFrhouse # 19200089 Thank you for submitting the CiW of TeJnecula's Draft General Plan and DI~IR to SCAG for rcvL-w and comment. As ~uwid= C~t~ng~ou~= for reSionally reviewing .projects and plans f~ consismncy W~th the Regional Housing Needs Asseument (RI-INA), the Relional Mobility Plan (RIVIB), the Growth Manalcment Plan (GMI'), and conformity with the Aiz Quality :Mangemere Phm (AQlV~), all of which ale inctuded fit the State Zmplmen=don t'la~. SCAG comments are taunt to Fovidc gt~dance ',via the context of our rq/onal goals and poEtics. These goals and poEtics have beet adopted in the SCAG rCgionaZ plans specified above and azc based, fit pan, upon smm and federal mandates. WllUc the Cky is not re~?ed to undr, m.1~ ~e specific ~cdons Leco_mmended by SCAG or other agenciu through the Inter-GovcrnmcmslReview Fzoce--, there Lre z~luizements in stare and federal laws for consistency conformky with regions/goals and plans. If you have any quesdons about thc attached corm'ncnU, please contact Barbara Dove at {213) 236-1861, She wL11 be happy to assist you. Sinc~-=ly, ARNOLD I. S~m~WOOD, Ph.D. Dkector, l:or~.sd.ng, Analysis & Monitoring Paee 23 P~g~ 2 SCAG COMMEqTS ON Tw~-C1TYOi~TISMEC'u'LAOENERALPLANANDEIR PROY~CT This is Tcmecula's farst General Plan since incorporation in 1989. The Temecula Study Area is locatcct in the southwes~'n corner of Riverside Coun~ and consists of three distinct arm: the inccrporausd City of Temecula; the adopted Sphere of Influence for the Cat,/; and an adjacent area west of Winchcster Road within the County of Rivm'side (for Geaeral Plan putpores, this third area L$ called the Ar~a o~ Illt~r~t). Temecula is 85 milm south~st d Los Angels; 60 miles north of San Diego and 40 miles south of Riverside. Th: City ~com~sse, s ap~mly 26 ~uam ~ whi~ the Study Ar:a totals appmximam]y 60 square miles. Tenmcula ~tly has abou~ 30,000 acres of undeveloped land. B,,~u~,mt is anticipated to m]z fort,/or more years. The General Plan offers a Vision Statement which includes the following concepts and values: A balanco of residential, commercial and indu.m'hl ot~tiss Retail and business development within multiple commercial centaurs, not neceasarfiy witttin a single Cenuml Business Dhtri~ A convenient and etfeciive transpotlalion ~sw, m which includes vehicular sir, rail, bicycles and pedeslrisn modes of travel. The Gcne. n~ Plan aho sets forth a series of goals for each of the Plan F.~menta. Among Land Us~ Element goals m: pubic lana A Plan for Old Town T~ tha~ enhance1 econom.~c viabilRy, prese~es his'te~n structures, adth'~sses parking att~ ~ improvement n~is, Orderly annexation and deve. lopr~nt of unincozlxzat~d ar~s within Tem~-ula's of Influence. A City which is compatibl~ and coordinar=d with regional land us~ The Air Quality Element goals include: Improvement of air quality through proper land use planning in Temecula. Enhanc~i mobility to minj,~,~ air pollutant smissjons. Incorpon2 energy conservmion practices snd x~-yclinZ to r~tuce emissions. Eff~-'uvc coordination of air quality impiovement dforts m the Western Riversida area. G-1 RF-GIONAL I~LAN l~OYlf'u:.~ Thor,' ar~ a number of policies expressed in th~ Growth Management Plan (GMP) which am Pag~ 24 Page3 zuXm, ant u~ this pzojcct. Amon2 them are policks which would: Promozc fumzg pan=as of urban development and land use which reduce cord of good mar..h bettureen future 2mwth ud the phuing of new facilities or cxlmnmion of exis~g ones. Bncourage sxo~fth ~ occur in and mound: - sctivity cenien - undc~,~il;-,.~ infi'um sysm - areu ~_,~jng ~=cycling and zcdeveinpmcn~ Bncourage mixad-use developments and other .-t~_nning techniques to make employment centers easy to walk to of reach by nansit. Achievc bcU~r jobs/housing balance at the subregional levl encourag~nen~ and provision of ~ccndves to auract housin2 growth in job-r/ch subregions encouragement and provision of inccn~ves to atu'a~ job 2~xwth in subregions To the de2ree pouiblc, achieve a b,lnnce, by subre2iun of the type of jobs with the price of housing. GROWTH MAN'AGFM'~NT Tcmccula is locat~ in the urbs, fi~-g, housing-rich Central Y, ivenide Subregion, SCAG's Regional Grovah Mana2cment Plan states the 2010 houmi.2 farecast for this subregion is 258,800 units, which is an addition of 168,800 units over the 1984 level. The employment forecast of 1?9,500 rq:xruents 139,700 added jobs between 1984 and 2010. Tnc job/housan[ balance ratio of .45 in 1984 improves to .70 in the year 2010. The jobaxousing bahnce performance zm/o computed by dividing addad jobs by added dwelling units from 1984 to 2010 is .83. G-2 The Study Arcs is predominate/y a rexidanthl conunity with large arm of undeveloped land. A mix of employment and housing opportunities is a major focus of the proposed General Plau and fi~e polieiu conmir~d in ~he land Use, Bconomic Development, Housing, and Air Quality BlemenU reflect this fOCtB. The T~fd Use Eement dtK~Mes developing Village Centen throughout the area, the concept being to develop mixtures of comme~:ial and ruidential uses that will minimize vehicular cir~ula~on raps and avoid sprawling of commex. 4-l development. Sta~emenu in '.he implem~.,rlon i=ogrdm which suppen the 2oals smr~t in the Air Qualit'y Elem=t incluc~: Establish lcr..al performance goals for vehicle miles traveled 5rMT) reduction which Page 25 G-2 PaSe 4 consistent with SCAG's Growth Management Plan recommended standards for Westran Riverside Counv/subreSion. Improve jobs/ho,_~in2 balance by encouratin2 th~ development and expansion of businesses, while also pzomodng hou~.g, affordable to all segmems of the populsxion, nea~ these job opportunities. Develop air qu~tity mifip~on mea.~u~ to b~ ~ in consid~ing future development. Approve development that could Si~tly impa~= air quality, ~ individually or cumulatively, only if it is condilioned with all rP. Asonabl~ mi~ilafion measures to avoid, minimize or offset me impact. Recommend. flons SCAG recommends r,ha~ the City phase developm_~nt so ~ boffi jobs ~ ~2 ~w ~ a complem~ ~n~. G-3 TRAN'SPORTATION' DI~-MAND MAN'AG~MI~TT ~iVD Thc General Phn contains several 2oals, polici~, implemenlafion pa'o2rams and strate~ie~ rej4xt~d to TDM. The General Plan states that the City plans to adopt a Tzip Reduction Oralinane, to promote the use of alternative work weeks and flextime among employers, encourage thc formation of Transpamfion Manalement Associations CIMAs), and to require opr. rators of major outdoor evenU to subink a Trip Reduction Plan However, m be adequam for the purposes intended by the SIP, the TDM program should specifically addllss the following elements: 1) An adequacy det~l~i de,~ription of TDM m,'~'cs incorporated into the plan u mitilation measures or features of the plan. 2) Expecr=d effect and VMT/VT reduclion tar2cts for ,'~'h comportera of the TDM ysugr'4~. 3) l=undin2 sources for cach pfoifam component. 4) Idenffi~r.a~on of the aicncies or persons responsible for monitoring and administering the TDlVl proSram. 5) An implemcntation schedule for each TDM prod'am component. Recommendgfirm.~ The TDM policies and programs of the General Plan should be designed to include commitments to specific TDM programs with clear delineation of P, zponsibili~ies, trip reduction zari~s, financial arranSements and specific schedules for action on each specif-xc m~asum. Page 26 Page 5 G-4 SIP COI'ql=OR,MrrY A project h found to bc in confomumce with the State Implen~snv,~on Pkn (SIP) when it has satisfied the followin2 thr=~ czit~ia: 1) 2) 3) It improves the subre2ion's jobs/housin2 balance performance ratio or is conuibulin2 m atuinmanz of the appropriate suhre2ional VMT inlet, It reduces vehicle trips and vehicle miles thrilled to the maximum cxtem feasible by implementin2 transpartalion demand mana2ement str~gies. Its envir~mental document includes an air qualit7 analysis which demonstraws that the pwject will not have a signifi~-n_~ ne, ga~ive impa~t on air quality in the long t~m. All mitigation measures associated with the (Jeneml Plan should be moniWl~i in accordance with AB 3180 requirements and rearted to SCAG throu2h the Reasonable Further Pro~ss R~por, s. Pa~e 27 CITY OF TEMECULA General Plan Program G. Southern California Association of Governments (9-25-92) G1 Response: Comment noted. G2 Response: Comment noted. The General Plan Growth Management Element contains Goal 2 and Policy 2.5 both of which encourage phasing of development in a complementary manner. Specifically they read: Goal 2 Orderly and efficient paRems of growth within Temecula that enhance the quality of life for residents. Policy 2.5 Encourage new development that helps to create and maintain a balance between jobs and housing opportunities." G3 Response: The General Plan does not intend to provide the program design for the TDM Ordinance. The five components necessary for the purposes intended by the SIP will be addressed during the development of that program design. The General Plan clearly commits to providing an Ordinance, however trip reduction targets, timing and responsibilities are issues currently unresolved at the regional level and are inappropriate to address at this G4 Response: The City of Tcmecula General Plan adds employment to the sub-region and therefore, improves the sub-regional jobsMousing balance. In addition to improving the iobs/housing balance, the Plan provides for an increase in non-residential land uses which generates additional employment and services which are needed in the area. Specifically, the Plan increases commercial and employment space in a City that has substantial percentage of external trips for these purposes. Therefore, a decrease in average trip lengths is expected for trips originating or destinating at these land uses. Additionally, the future TDM Ordinance will encourage other types of travel modes including transit and bicycling. The Planning Center EIR RESPONSE TO COMMENTS ~-~,~aspzcoM. ,,,,,m Page 28 , %_ RIVERSIDE COUNTY PLANNING DEPARTMENT ~*" ' ["'~ Joseph A. Rlcharas, Planning DIrector Y . ,,,:,~ 7~ ~ Keith D. Downs, A.I.C.P., Assistant DIrect- ,,~.-_. BCM:7683 September 23, 1992 Mr. John Meyer. Senior Planner Temecula Planning Depmrth,ent TemecuJa Cit3' Hall 43174 Business Park Drive Temeeuia. CA 92590 RECEIVED SEP 2 8 199R Dear Mr, Meyer: We are requesting a one week extension of time for the comment period on the City of Temeeula Draft General Plan Environmenial Impact Report. We received Volumes H and III on August 2.5, 1992. Volume t was missing. A request for a copy of Volume I waa made by the telephone to IVLr. David Hogan of your devp4ment on September 18. We received that copy on September 21, 1992. H-1 The review period ends Sunday, September 27, 1992. The county offices are closed on Friday, September 25, reducing this week to four days. We c,~n not complete our comments by the September 27 deadline: therefore we are respectfully requesting a one week extension to September 30, 1992 to submit the Riverside Coun.ty Planning Department comments. Thank you for your thoughtful consideration of th~s request. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTME~xFr Joseph A. Richards. Planning Director /~everl~dlds Mclntosh. Planner III BCM:rk Mc, t~ Office: 408Q LEMON 5T~ET,'grn FLOOR 4 ]~02 CO~JNTY ~VER~DE. CAU~NIA ~1 ~M~. C~ORN~ ~3~ ~14)275~. ' '. ", - ",~.~14)~1~-:~ "" FAX (714) 275-3157 ., .::; . .- '. -~F~1~51M . . . Page 29 CITY OF TEMECULA General Plan Program H. Riverside County Planning DeparUnent (9-28-92) H1 Response: The extension requested was granted and a second comment letter was received from the County of Riverside on October 3, 1992. The Planrang Center EIR RESPONSE TO COMMENTS BC"M~TO84 Oatabet 2, Zgg2 _ LETTER I J~mDn A. Itlc~c"mi. Planning DIrector Kelfi'l D, Downs, A.I,CoR, Mr. John i~leyer, Senior lsJanner City of Temecula PlannmS Dapmmxt Tmnecula City Hall 43174 It~siness Park Drivs Temect~L CA 921~ ..%'eUce ~ Coml~tion: City ~ Temec~la C-criers/Plan D~afi Envtrmunental Impera Repo~ Deer ~r. Z~m/sr: Thank you for the c~Dormnity to cammere on the Draft Bm, irc~menml Impact gaperr (I:)EI~) tc~ d~e City of Temectt/a General Ptan. The~e are several issues of relichal concext that will or could be tmpa~ed by the implementation o[ the pr~ssd Tsmseula City Gmueml Plan. Those reStcull issues aifsc~ Riverside County anvirmlansnmjly and riseally. Pot c:cxmpla, ~ quality is ,, rqionxl issue. The 68,000+ poun~ of carbon mencede that will be generated da~ at bttlLldcut. s~rdinI to the DBIR. oonstitu~ea a lax~ms I-1 environm&uxxl Lmpae~. qTv~en conxidlred in ccneext with.the plans of ether cil~e$ in the Stair reviewed Volumes L I~, and TTT Of the DEIR in conjunction with rasps and po]ieles which ~s ~t d order, ~8 e~ent re~ ~L ~s ~ ~u~ have b~n tdcn~ and uc ~t~ b~ ~s ~dsr of ~e Table of C~ Vc~e ~ ~P DB~): Page 31 .~r, .To]s= Meyer, Se=ior Phnnm City of Timmcuia October Z 3.g92 :Page -2- I-2 4,2 Aj~ Ql, la~ 4..3 H,/d~o~, 4,4 lqialol~,&l 4.6 Land 4.? ~t~ The T~P DEIR is idenz~ed ass a "Prairm" XIX (CXQA du-~del~nes, Soel:l~n 151~8). Sin~e the fina! I~IR wifi sexve u a~ umbrella domxmsn~, alatnst which proposed developmea~ proJec~ are to be reviewed, ~borau~b, ha*depth review af the DBIR is aixpropzia~ ANALYSTS: Environmental Iml~em 4.2 Air Quality The Riven~de CourtW P]anniq Departmeat is concerned with a~' quaUty tm.x~-u to eur client3, :he rnid=nU of the County. TGF DE]R,/V'ck~me II, Pl. 85, Tables 6 and 7) clsuly p~esenU awesome hnpsms m the South Coast Air Bluin (SCAB) and the Ctutrsl Rivsrsids $gbrsi~[ex~ Ac=onitnl to tha Soud~ Coast Air Q~t~ 2vtana~emeat DisU*im (SCACND)t, l~11uttnn can in~saso mortality, clamaSs aFicu|tu~ and nanxral and man-made matsflail I~d dagrsus vjlibtli~, Air pollution ruults i~ xn~reucd heaJth prohim loss of pr~uc~/ty at work and ~n school and ~ inc:eue in the use d medications to reAleve symp,,~ni d pollution IJJrllvatld iJhlesses. i Draft Cw-QA Air Q~aZtty handbook. South Coat Ah' Quality ManlSemea~ DistrOt, Map 19r2. page 3-1. Pa~c32 ~r. John Muysr, Seniv Plsnner Ctt7 of Temseuls ' 0ambe7 2, Lq92 Page -3- I-2 In ~onn~s~, the economic benefits sm'ning ~r~zn improved air quslity sre conssrvazive~ T~e state and federal stsndsrds with which ~urisdi~lo~s m supposed to ccnnply bsve been cloveloped ~ prozea human healS. Them s,se,~-,ds hsve bun ~ aX levels below the polluun~ ~ncsnn'axion lsve~ which m'e k~own ~ be in~urious m human lle~ltll and well. being, The nandards are cles~ned m include · marSin of sa~t7 ~n ordar to p~msc~ ~hoss rsaidsnts most ssnxi~vs to t~ pollution. Tl~e eftecru on hum heakh ~ SO~, CO, NOz and PMte are ssrkms, The macbed ruble clearly illumms ~npanz :Based ul~m '.bcsc dam, ,.he total CO contribu'dou ~ 68, 1.69 l~unds per day, as projccted by fine TOP DEIR, wfil tmpac~ ~e air quall~ of Temeouh stud axe rsSion to a mml~ un~.ceptable level. That ~lure xxanalates into 81S,028 pounds or 409 tons per yse of CO, · lsollumut kn~.n m causs dsmqs m human hsal~ and dssth st Mih lsveJs ~ exposure and them lsvela are eonmldarsd aecepxabls (a~cordtlg m *.he T~P DN~ZR) for an area that is a~'eady idcn~ted u a non-sP. xtnmsnt aru. When combined with ~he ftgures ~or Rsscdve Orlmmk~ Oases (ROd), Nl~roisn Ox[dea (~O.) ~nd pnnimslnlos, *.he mlnl proands aon~zibutsd pop d~ pro O mind-boJJlinI ~4,i~ for the threshold lavais. ; Ibtd psls Pa~c 33 City C:~tober Psfe The threshold {mlterit fo~ demrmbLinS atpllfianc~~ ere in pounds per day: CO ~0 SO; 1~0 NO, PM~. 150 The illurea in the T~P DI~rR all exceat the thresho/d Isis I-2 The analyses d tr-~ levels a: :,,re,_ .~_-'e's lud ~he poliumnt levels at · speeific mmz~er d feet above the Iraand Ire me-w~lleu whea m~muimXive impacts from the ~ da~ pofiuranm [eriefeted sad centribuzed t: the sir &re to hartsaden& The cum'dhttve e~m ire whet ccnm~ All the lasses addressed in the TGP DRIR are sfbmed by the pollution levis prese~ed in DPJX under Loaf. term Impab~ The prsdimsi l~vels d l~l~ti~n will hsvs rs~[~s,l impam whi~ will bs nsSatt~ resident lx~l,~i~us, v~tm sad me rqtonal and l~zl s~}n~mitss. CITY OF TLMXCIILA DRAFF GENERAL PLAN ~lr Quality Element The Air Quality Element seknawledps the dan&mrs to the eily's residents ~ polluted sir &rid ~dresses the ct~', oblt~ioas to canplF with the Federal (lgT0) sad State Cbsa Air Acu (I ~M), wopera*- with the Weeturn KiverUds Council o~Oovermnanu (WRCO0), the SCAQMD and d2e Southern Calfforms Assccistton c~ Om~emnmm. I-3 The draft do~ment CTOP) hb'waver, is riddied with words rucb as "ene~rqe, promote, perucipa:e"; words that bays ae mandatory sutbority, l'as word "require" is used rely ~ Ln the entire slamam. The word "adop~' is used only twice. Tl:ds hap TIe c/nation d the ~lcpth c~ ~c ctt,/I co31=litznsll! ~O bl3pove air qgS~ty. The TGP leeks .pe4fifletty. There is no .peetae rderenoe m the ute o~meuursNs metheals to achieve specie pollution reduction jaais for the ci~, its sphere a=d &Tea of intorest. Clapmr IZ, ILl Mr. John Meyer, Sanic~ City of Ternscub i-3 The attached letter from-the ~nvh.^amenlzl Dalenee Pared (E:~ to SCAG. presents an ovarvasw of some of the coml~licatims that can ~esult ~rom introductni addlehal ozone and catben mcncaide into s non-l~mkaxem ares. Fee example, Fedstag), funded proitems such u: the Inmrmodal txrtJice Tmnspermttou F. eiciency Act (ZSTF. A) of L991 1=roltibttl pro~rxulmin2 the nee of fuderal funds for llsm ~n non-attainment areas under certain circumstances. As such, the TOP hu regional rxmi~ca~ons relate to future federal fundinS ~ee u'xuspeemficn proira. 4J HYDROLOGY This section cf The TOP DXI~ does not captain the reasma for, nor importance oL the Santa MazSar~ta Rivet warmabed. The Santa Marprita River is considered to be an ~mporcut rr~ naticnallyl s nlttiona~ remuxce. The flyer ia its trltutariel. The maba =abutaries crZ th= Santa .%iliatilt RS, er arm Temecuta and Mumeta lq. iven. Bach o~ those rivers hu its own watershed. The entire watershed, and msrJa o~ the other watersheds should be cLtlousesd oollecl~'ely and indtvtdul~. The flood controJ prcrpcmall in etch touter or area drainsto l~lan ahould be rtwtewed and revised in eedg to make those plans compatible with the Sane Mariarite Rtver Meetle~eat 1M, n. ,&_d_ _ _,~lonally, conaideratton should be liven co the followill: dlv~lopm~t in .the flood ~h~We c~ Tememzla Q'Mk th~ld be prch.~bited; cancrete lined chub should be des last choic~ when ~ ~od FenCe alone levees cr chaineels should be .hemp Mctnl which allows malt to me~fium am ma~,~sts to reach the ri~arian resoux~el while resu'tctm2 hmnl~ acoeu to the flo(xi oontrol l-5 ~annea. It mldces no sense to revel=ate flood plains xlag restore stream chmaeis Lf the acceu for w0d~fe is blocked by chain rink ~Euces. Fencing Fropenis and monitorinI should be included in d~e ~lztsl NPDES: The TOP DE.TR does not ineiudes cUleuaiou ~ the Xattonal Pollutant Dtscharle E,limineUcn System (.NFDF. S) and how it applies to Tamsouls. I-6 The NPDE$ p~oFam is part of the Federal Wafer Pollution Control A;t (Clean Wamr~ - [CWA]) w~ wO meted m m~s u~x~ ~e ~je ~ ~gu~ ~to ~e wsWn o~ ~m United Smtek ~ a~ I~ ~e SU Water R~ces C~u~ Bo~ Di~don of WEtor Q~uW is r~,pemibh fur admimseatiq ,.hi. pr~ratu. PaBe 35 Mr. John Meyer, Samor City of October L Pap -6. BIOLOGICAL RESOLdiCES 112 ud 11~ ~e ~m e~ ~r, ~ ~: ~n ~6 the sensitive species listed u occurtin4 in the TOP Dill m ~, number 33, the TIdewater Soby (Wuqyete~obua newb,,n3~. a salz witmr fish. This require an uplsnaUn. The map (FtSure 16) id~n~,/inj sensitiv~ species ~ m~m ud p~ r~o~. ~e lq~d cumu ~ b~ brat ~e Sum Rm Ph~ ~ ilc~ as h~ ce~n species pr~n: but ~e map ~ ~ ~e nm~m ~ ~o. ~ a~B~ ~ ~e Santo ~S~u River ~o. Other colTSo'dOnS on ~e map ere listed Santa R~sa P!atesu , Oolden eaSlss nest mcems~nlly there , The fsiry kl~,imp ~re ~ssmn in the vsrnsl pools. · The wsszsrn pmsd mule Is ~smnt . The whip~sil is preMnz ,l~i~unuin lions are present r Vst] Lsk. s Santa ?,f~rlarlm ~Jver Pa~e 36 ;o~tu Meyer. Senior o~ Temecuh .7- |-7 Shunlt Hotlaw/Rmncho Bells ~m Specific Plan, $P 1~, (now name Moanran View) · Golden mallms rqulaxly ~arqe over the 2ra~ o~ the flea around and tnctudtu2 ink Hollow. . Stepbeet misttoo rats occur, or did occux. prior to the ~ c~ the habitat (1991) under ms ]andownor'e al/~catton of abe (SKR HCP tmplsmenmzion agreements). Text~ The TOP DIHIR is identified as a "program HIlt which is ~t~nded to aexve u the umbrella envircnme~zxl documenz. The decision to request fttrther st~ea will be based ulxm ~js document. The Biolopcai Resources section is inadequate, incomplete and inaccurate; therefore that sicdon shald not be used ~ its presmx: fcrax. 4.10 TItA,NISPOXTATrON/CIRCCLLTION |-8 { TCP CarraYon: Filmre 3, Smd~ Arms Circulation Roadwv/s map, pMe 19{), has blank ~azes on the Island, This aftof rendm the map useIon u s za/re=ct. S~a~ Feps~ecl a mama :o c~mp~Te the zo~ duafficattmu m ~e TOP ud ~U~ C~un~ C~rehen~ 0~ ~n C~at~n map (Fi~e ~.?, Stu~ ~ea ~, pale 204). I- 10 Differences in clsui~catton indicate di~erences in right-of-way width and number c~ lariat Followart2 it a list of the roadways located in the area of interest or ~a sphere d 4e~_mnce which e. re non-m0mtenZ or mmtchec~ with the county's roads, u ahOwU on one of both maps. Pa8c37 .Mr. lob= Meyer, Senior Planner City of Teme~la Oc:cbe~ 2, 1~2 Pale -8- bad 110' ROW RCC~I~IJ. SR 79 (ninth) zo (Murr~ata Hm Springs Road) hcoadar/ 88' net shown (area of int~rnt) Armrial ROW 1-10 (SOUth O/Benton between North ~ BrlBs and South d Brllgs) 54ajor 120' ROW 88' ROW not ahown nm shewa The gen=ztl plan may have to be amended; financan2 mecluaisms must also be prov/ded. Impacu to adopted locaJ or ?eticmal xecreadonsl =aft x!~gm=enU must also be conxidsrsd. The mu/~LpHer effect d fiscal impsas on the count7 rmltjn2 fram in~rm~ ~ at intersecuons whets perpendicular roads and tile TGP reads mast ill the Coun~r area& Is aho xn imp~-ts.~ point n= be ccsids~ed. Impsets F~n and ioremcst is the mean/rode d the pro~ected number o~ end trips da~y that will bm acr, onunodated by the TOP DBIR Cfrmala~n Plan. At btt~dout. the Preferred Aimrestive for TOP would $enerar~ 1,102,700 zr~p ands dally. These numbers clearly point to ths l- 11 source d the 68,000, pounds d CO that ~ be added r~ air o~ ecmthweatam Rivesside CounW daily. Su~ an ext~m mad nctwrk will Seriously e~esrbam the s/ready de2raasd air quafity ~ the Pap 38 Mr. 1ohn Mayer. Senior Planner O~t~ar 2, tgG Page -9- 1-11 The final EIR shou~d discus these Fo~nU. Tho pocentlal need to cream new costaunts/ service areas or Br~dp and Road Assemcent Dbtr~cu tn adjacent unbxoorJ:~raad ainu walt have to be thorouGhlF analyzed. BIOL~)GZCAL IESO~YRCES Tile Rt,~sidinn alluvial ~an scrub is ~'ound on elevated sUeare terraces u well u alluvial ~-., This is ad:h'used in the biolc;cai rapes ~r the Metropolitan Water DtsU~et ~) and the Vail lake IramaR setdew, era ~or the Vail lake xpm~t~tc plan site. Pcpula~io,~s cf Cen~l;~;ta~a ~ were fiend on elevated r~'ws~ terraces in that area. All oi' The plant ccnunuxd, zise c~ special concert are ~po~t ~ m requ~e a~d~ te mat ~1 m~od f~ ~ ~ u~ue n~ ~ Vern~ Ptmim The statement is made tn the DN.I~ that the vernal poet phut qH~ee ~ (sp,) is ~ouncl 2ttX o~ the Sum Rosa Platea~ That statealtent is inC~lTlCt I- 13a Two vernal pools wit mbug populations c~ Dowtniia bardstint them wcrc round in late ~rmg, 1~92 in active amnto,~ Koad (ncmeut d the old Benton School she). ' Mr. Andrew Sanders of the U.C. Rivemale Herbarium was re4Nested to So m the site aud lock for Ot:urt's 2rau. The sits is dearly within r. he sphere c~ in~uence oi Temscuin. IVlr. Sanders, can be conmctsd st the UCi~ Herbarium We a~ree with the statemere in the Trip DEIR, pa~e IZI, pmlrsph 3, '~ ~ p~ I- 13b ~e mm~em ~ a~H~ ~ D~m~ ~. u well u ~e ~u ~ w~ ~e m~ut ~ I .s ~zed, ~e S~ ~lo button c~e~ ( .~ aH~ a~m V~ ~. ' I~ttmr to: Mr. Wayne S. White, Field Supexviwr, U.S. 19~Z ~ C~n~ Pl~m$ Dep~nt Page 39 .Mr. ~ohn Mayer. Sen/or Plmmsr City of Temsauls O~.obsr 2. ljg2 P&~e -10- 1-13C and 1~ ~e ~s ~ p~ ~ ~l~t m, is ~ ~ad~. 4,4 IA.ND U$~, Ralton=l Phnnbl$ PrortmJ The Southern Ca~cr~a Auazia~ian dChnvernznenu (SC. AO) b responsible tor developlS bn~onal proSrums m sddzms the problems d transporzs:ion. binrunS, ai~ qusltzy and grQwzh msuag~nsnr, Population ~l~nves and the dimm~u~eo bun ~ pitrimS s~eq~szs inbastmcmre in ~e region. 1-14 If and when control measures ale adopted m comp~ w~th ~e 9~Q~ Rulu ~ i~ras~ ud b~u h~ ~ ~e nn~s jufi~on ~ be ~. The ~ impsms d corrective measures should be included and analFzed the fiul TGP DEIR. Tn~s is especially +raptintent in view o~ ~e fact that ~e hal riotureen: miendad to be s "proiTem ErK". 4J. AGRICULTURAL Riverside Co~nt~ rub e,~ mxewtde in st2ricultu~s production. ~s m~fip~ s~ m~es a~nltu~ ~e 1~2 ~ ~ ~ds C~. The SO',A~hwest Area Communi~7 Plan (SWAP) Land Usa Polistas innin:Is is goal preser~s qrnlm~ lands and matt assoctamd usa in appropriate lo~aUons within 'Fne Ann ericart FarmAnd Trust repoms that land conve~'t~d to devel~,~q.ent bran aSm-Aimral uss requ~zes S1.2~ tot sash $L00 d -,~, col~nsd. In contrast, activz aFireAltars mica only $0.12 par ux dollar. (Conan: Eric Vtnk, American Parroland Trus~ Davis, ClearS/, the ccnvsraion o~ agricultural la~x.d m urbml~d bud uss has a nsptive ~mpan can Page 4O M,~. John MeTer, Senior C.~ of C~tebaf Pale 1-15 4,11 FUBL,/C SDY]C:~~ (4.11.1 throulh 4.1Lll) See eommenU on agriculture 4.12 ,~EST]'IB"ZIC:S The ~ Farm Cen+..e: ·$ the Untvorsity of Cal~o~a, DaV~ and the Buresu of Land MxuaSement ~XI~ studies zspon ~h·x them is sc~om~ vabs ~n b senic/nsthe~ quali~js of farmland. open space end rural roads. The BL'~ kc~w~ and h3m progem cncountle U*avolen to visit xursl and mini-rural ceu, thon~y euhancin2 ~he laml economies r, bxouSh the dolhrs ~ b7 murbu, 1-16 The Small Farm Cantor sub report that reed·ida hnn rods sm ·e~n~ma--~ viahis, psmt~es out cn ~unday drlv~ visit hrm stands, T!ds Monahie benefit helps to obvgtto ~ and ~ c~vsn scani~ and or sF'icukural areu to urban land use and prolids a son~s c~ relje~ f~om urban pressures, The finsl document should discuss the value of aestheticahoy pleasing hndampes to the lccsl fed regionsl ecocomy sod health of the residerim and visitors. The finsJ fIE should include an ans~ of the 5scs| lmpacu that will result ~rom reduced 1- 1 7 aSficulmral Ina,me tnclucUn2 the multiplbr xebcts and lucre. ned cmu asso~ted with dqrsded air quality and imp·ted circs~lafiou sysmm~ 4.17 C~;MULATIVK IMPACT~ 1-18 The c-.~muhcive ~mpmcu ~o the rqion ale s~,~4scs.uz and the propreed ml~2&t~ons do not reduce the fmpaczs to a levtl d 4~tignificance. Moni~rinI pro2rmns so not included. Such proSflint enabl~ ~urbdicttons to track the success or hibxre of spect~ initiations and ~.ake cc~ecfic~ ff ninemary. The ~*~ ~ xho~Jd fi~tuds monitarini proposals ~ ac~cm~sey ths mit~azions lnapmed z~ reduce enmula~m impa~x Pa~ 4z 1-19 S.1 ALTEP~t~LT~S of Temac'ulk the ST=he of haulme ad t. be srea of latereft, update ud EJ~. ?Z you l~ve tin/ estious about cornmenU. ploae Goutat 9ever~y Chtkb ~ehU~sh (7~4) 275-Z~ of our eta~ our Ver~ truly RIVBRSIDE COUNTY PLANNING DBPARTME'~ Joseph A. l~eas~s. P~umg D~somr ;J:BCM:rk Page 42 RE: N'otic: cf Pro.el:saC F,n:mn;~.r:C Smms fc:' Four Fairy Sl:rimp an~l :.ha ';ernst Po:l Tadpc!c $~:im? Endemic :: V:mat PooL'~ an:~ Swaiea m CalL~rnim D:.r Mr. Whi:.:: four apetic, :f Fai~ ~hr[mp and ~hc Vcrnni Pc~ Tadp~l~ Shrimp. · 'Fh.~ :.:]jun:: fn~:V sh:'!:rp "Br~,'~c!'finccm '.vnch!) po'..:uln:icns loc~tec~ on ,.hE Sant.,~ RaM Plntocu Ezcl:~::.".! ~csc:'vc arc now prDtcctc'.'. However, ~e dcg;':c of protection provldc~ for :nz Skunk: ,'{nl!o,v pcp::iatio~ ~oca::d on :~,,' llanck:.o ~e!in VIsta Specific ,:'ran No. :84 (now na.-.~c-j Mout:'.ni'.: Vicw), sitc is quesd~::.ab]c. The I~0 ac:'c:s surroundin~ th'- vernal p:cl (SkunM i.!c!~ow) :Invc ~ecn rcnccd %vi;n ~yc~oz:: fenci.n2, The ~alanco of Ip-..ciF,.c ~:tan actcog- was discc:~ ~t':~ ripple cvcr n y~ar ago. In ~:c original ~pecj/~ P!nn, SP ~ I~, R~mc.'.: B--!la V~arm, the I~O acres, inciudin~ r. nd surroun~!nl th~ vernni pcot, arc act'lacMe, d. for eventual d~vclopn:cn:. Major rosa improy:menu are also pjann:~ fi~rouih and arc~und ',he S~ccifi: Plan acres. F~d::'nl and ~t,~tE urnnspgrm~ion morI~y will ',Andoul:tedly ~e usmd to cons:rue: ;~:sc Amp,"ovcmBnu. T,:: roads ~i]I impac; :he wa~:rs~,e," for the ven'ml pool. ~O~ut:~. Cnr~ro-,~en~ on site. In :m'iy I~2 (April) an imn~n:ur: golden :eEls was pcrch:~ nnC fcr~giz:2 over fi~c Specific Plan ~ piannin~ staff ~n sprm2, !~. Both pools at: on ngricultura~ lan~ whi~ was planted 7;783 CCUNTqY CLUB DItlVi. ,WIT! E' aI~,MA~A O'JN~l, ~FQ~N~ g2~gl Page 43 Mr. Wayce July 7, Page No. :2 co a cereal . Pourr~y ~oa~. ~r:~: o~ Au~d ~oa~ an~ 3out~ ~ 3cn~cn ~oa: (~omas ~i~c. I~ map :=~ ~1~ schc~l sit: (T~, R2~). Andy San~.::s, U;:iversk? of CaH farr.~a, R~versicl-.., !.l~.-{~arlum sl:e:ia Iisc, was r~,-':c. cci by sr.~ff :o survey the .-wo poojs for O~'-'::s lirais. Mr. $an~ors can be :cnmc'.~ct at (~14) 787- r~a:~ :~ :~ Franc;~ Vn:i~y Airpot; 'Ai~wny impr~v:m:nu, and raii ~ropo:al~ ~o~h heavy. Riveni~s Cc;r,~ is forr;r.a:: :o ~avs v~rna: p:ola rsI:r~enmzive of l=o~ clay soll an,~ basalt · ul:scra:.,,. TM Rivcrsi~'. County Compr~ansivs Osn~ral Plan rsoollnizu '-ha impor:nnc~ of pro~:::tr.~ '.h~s. '.:nfqL:~ ,~nd frnlii!m r~s~ur:n. Very t, uly yours. RIvS~SI:F, COTJN.':'"Y PLANNINO DF=.PARTMiNT Joselsh A. llie~ar~l, Planning Dia'mc:~r Page44 IN~MDNNINTAL. DillNil JUL 6 aaZ Iwk~.COIO3O2 Dsarxr. P~lenof ~eso~rces De:ease co~no~ s~t the ~o~ ~mn~s ~ ~s ~on~o~y ana~ys~s rs~:s~ me: ths ~:~ ~o ~s a~p~ ~ ~ a::n~r and ~s m~srs to'am~t an y~ pveposs~ ~ P Bd ~s oon~o~y ds~mLna~on :s~sd by ~s · ha~ ~:p!ensn~ ',he sa/ss~on l;~;e~ rmq~tirsmon~ ~ Xit9 :s~s&';I to omens non-at~a~.nmsnt armas, saot~on ~12(b) ' ~o be ,,as s~edXtioUslV as pra~ja~e, ~t n~ later ds~ayed un~ ~l ~md~ne ~ It is pra~i~bl$ to aC~aLn pr~:a~ s~ndazd loonmr. ~o s;sdl~m attendant, Conezeal ~ r~u~imns tn m~i~m source ~Lssj~ vi~hi5 the smc~d a~tsr e~lnt. or~snie =ospou~HI emissXons be rmiu=sd by 'a~ &was& :51 ~ron 3~?MAvnwlmam WinOCt.v, fJtald'l~Jl61 PaF 45 m~m~1~rl , ~ =azbsn mwnox4ds non-st~a~nmsn~ s~ss~s lsot~on t a °s an~ml smlss~m~ Hd~t~o~ ~s~s~s~ v~ h I~t~on lIT(i)(7). as s~s ns=sssa~ ~W I~l~n ~s l~d by ~a~ ~ts." T~I ~r~=a~ sgand~ a~l~ da~e Zor garbon m~wx~dl shall be as so~:css ~aosuss aO~ to lOt oZ ~ ~ssions sm ~=om m~ils sources, and 9v go~ro~ op~ou a~ avai1~%m for sZa~iona~ p:s~=~=ab~s", ~ ~s n,sssa ~ ~ plan n f:l =aV~n nw == oon~:~bn~s rM~c~oM in s~on ~o ~oss ~solsd ~2~ ~a/~pipe ~s rsQionsl ~ranspor~ati=n plan (l.s,, PLan" :squired ~y leollon &34(V) o{ the :n~lraod$1 I~r~ios Trlnlpor~lt:i,~A Z~{~=~anoy A~t og ~99~) and ~j~l ~%~ ~or your non- a~:s~nsn~ sr~ sums o~r~u~8 ~o s~uml aimsions ~uo~ons ~ncsrnsd ~s~ u~ ~Os ~svs ~lal~sd ~lir Page 46 aahisvsd. Arid s=s M3~s may sonsida: the pr~v~sions o: SesSion :7sCc)(3) one:cue end pre~e: to :s&y on ~J2s "]r, xi~d vs. on~y ~s s~o~ radiance Xs~si~y imp L'~lll~l~ delay an~ c~lca~e a~ain~n~ hsa~& aA: ~ i~y ~n n~n- ~a annals ~lan e~ p~am ~s aA: ~alA~y ss~s~ ~s A~ ~: A~ a~se e~sAsss ~Xie ~sal~ ~e~ years in~o ~s :u~=rs Dy ds~ayiq ~ ~:e ~en sUna~s san a~sved and i~sassl ~sts of ~ rsdua~s dur sch~sve aissi~s ~o ~nyss~ ~inl~ rsso~ss wOuLd no~ be wise inureass e~AelAm'~l. EDY an~ ~ suntend ~ransporCst~on p~an and ~:~ As ~hes, amAssAss :sdue~ion rsq~iFsmsn:, ol :As Ai~ vA~X be somAeyed as a resuX~ oZ yo~ ~zanspona:ion plan, yo~ say nee lawfully adop~ a ~XP e: ,ppmw, er demonsura~im~ As made. The ~uAld v,. no-build analysis does no~ sa=w vases: sither ~he build or Chs no-~ull~ sacristies Pa~e 47 somAeve rmduo~onm ~n s~.usJ. am~mmienm ~:=m mo~ vehiolms omsparsd Cs r.'ss lleO ImassAine. Yur'.Aerim:e, sna~ysss per~orded ~o dsCs ~RXo arsdit ~=r missions redeat.lens rss~At~-.q ~om flee= :sp~s=asnc and IV~ suede:as pr~suZqa~sd ~Y Us Administrator. T~s rstArsnsn~ o~ =~ds~ veA~e~SS Ud ~s~ rep~S=~on= ~ nHs~ v~ic~ss mse~lnf mo~e~ vehicle e~au~ or ~apont.vs ~ssA~s ~akss advan~aVe e~ measures prnulVa~sd-~ ~as ~As~a~ prior ~o ~anus x, ~S~0. Se~ lea C~ (~ lm~ pre~i~ ~sse e~ssAon :~ue~ons r:~ ~ c:sdA~sd ~w ~ ~a eAseion a a only ~sAwn rsdmi~s. ss:~lAs~ s~nved ve~iclas ~e~ seSAme ~TS~e) CS~ CA~ eS ~s A~. xn addA~l=n ~o ~hs Clean Air ~e~ tss~s for plans in non- a~tainman~ areas, Co~q~sss added ~u:-.Amr re~A~rsmsn~s us=mr :riCermodal/ur~a=s Transports:nan g:Zioiancy. A~: (ZS:~A) of 1991. Seation 134(I) prohArASs ~s pr~qrammlnV o~ hdsral ~A~ds in eases an~ car~on monoxA~s nem-a~:aAnmsn~ az~ss "~or any p:o~ec: .:~aC wall res~ An a sAVnA~canc i~:sase in carcyln~ capaoicW ~or sAnVie o~pan~ vs~Ic~ss unlesss~e pc~sm: As o~ an approved son ss~i~n sanaVamen~ s~s:s:. ~e =coVesthen mamaesmsn~ sys~ea Y. --q Ared to. adopted as pare of ~e ~ranspcrcstion planmin~ rmcsss ur.~sr section ~34(i)C3). t~sse preyleAses bar nay aspacOlyte: sAnVie ooeupanU vehicles until · ~e conVss~Aon nanaeeaen~ system Is adeJmsd as peru mS your plan an~ a~prmvsd by ~C~. We are Antsrss~sl An ho~ ~ou plan ~m Implamas: ~AAs provision An your nov TX~ an~ in your proposal ~cr a oo~qss:lon msns~smen~ IylCSu An yQ~A: ~, We understand compliance vith these nov re~Alxsmsngs vAll recruits a nay approach ~o transportation plannAn~ An you: mec:opm~l~an arms. luc vs also reco~niss. ~ha~ ~_~s ~ of sossates aap~ls o~ relieving songsscion and reducing ~Al~:Acn · an also ~e aAsaps: An ~ lo~-~sm a~ :sd~cs ~s ~ ~umdans :n ~',ax3mayerS. InCh seasares wall also redage aser~oa's rsXAancs on imported cA1 sad emissions of gramfiAsco gamma ~ ~o~aX va~ . h believe ~a~ ~a~ing ~ ::asspension sys~sms to ,~ues re~an~ en ~hs ,~e~e ~=upan~ au~m~bi~s As ~er people, ate omm;a:Abls vi~ p~ess~; ~srica's ens~ Andepe~sn=e and emn~:~ta :~ s~stain~Zs ~obal ~se ef res=~m=ss. For ~hsss :saso~ ~=~ and ~ ~ placed a sys~ capable ef a~Aev~ ~ase ~ e~ves. ~=~l~ly, ~ranspc~:a~A~ s~a:e~iss ~a~ =an s~c~sss~ll~ a~Aave ~ese ou~sc:ivss. We ve~!~ valets an op;~Aty to dis~ss ~is v~c~ you, am-~ o~'~e" our supper: in vinnLng ~m~eve ve elm alibi4: suo~ s~razsg~ss- )~sass o~ntsm~ us your S{~O~&I -- your most rsaently ado ted =eg~ons~ t:anmparc~ion plan ~ndsr ss :ion 134 oZ a t~e ~nanoia: p%an sh~vLnV the sources oZ ~nd~ for ~s~s ~n your ~ons% your ~:y mos~ recently adopted prier ~o llS2~ your analysis oZ ~s s~a~/oZ &%% TC~s con~:slned ~n ~s mp~licsb~s imp~smsn~s~:ion plans evidmnn o~ D~ approval oZ your ~mm~ :mOmn4~V &floptad a~ y~ flnmnwim~ p~an~ · evidence of DOT approva% o: your mos~ reomn~ T:~: avidSAgs o~ I:X3T approve% o~ m songmelLon ~anaemmen~/ys~sm# end Pap 49 mad ~%~e. # on ya~: p'--olMsed ~3:~p ~ pi3mon ~o van oas~snr. i taw d&te v. lZ~i yol,~ pO,1,;I,IGiy bol:'~ v~,3,3, Co:iS;Lie: adcrlrl:,'Lw~ 'B~n~s:m~y, rage 5O DRAFT CITY OF T~,iVIiCTI-A Zn~/rmnme:ual i.~m~$ R~ I,oue.Term RefJonal lrn=aL, m Table e Mobile Soufro ]btMttom livemay CO {tO0 4,a~c i 4Jdd Toast ~{e ~m by ~ tp~a~ o~on hr~. ~e m~m a~ Ua~ in the Tibia 7. Petirons Prolead C,e:erti Plait F. mimiom hve,,mr./ (Lbe./Dlv) IMamam 0m 30 a,m Teal THZ ?L,',.N NIN0 CI~NTmJ3 * AelU~ 12. 1J$2 Pap M Page ~outh Ccast Air Guality Manqemens Handbook DEFINING WHAT I$ "S;GNXFZCAN?' ll.l THRESHOLD CNITE~IA The following crttsria are offIres for aNsistance in ¢etlrlllintn thresholdm of significance for air quality tmOac:$. Theme can ba umofuV Jn maXinf the dectalon on whether or not to en&lyXs and mttigetm air ~uallty ~mpeots in an Eli. ?hate e~itsPls a~e s ~aeetlans on)v, stng[ the ~,nal doetats, o the Si~1{~ea. ne~ of at~ ~ueY =v tm~eets ltem w~t~ the ~u~a~ent ,ftn lee~ Mal/lCX~ PPGJIC~I w~l~ mmy Im~ac~ air quiltty a?l cer=aln|y not Ilmttec co :no examOlem of ofttorts given, i}ut theme provtdl e I~&llr' PPmmeworW. 2n addition to in:enmity ind' ~YPe of :roJect, :hi location of tho ~roJe:t im i major considermelon. ProJectm ~o)ome{t upwtn~ ~f sensitive reeo~tors, or in .mroam of hi~.~ :oncantra~tons of pollutenee, may ~mve mmgntf!e~ negative Imomct, comparee to others vtth lass senst:lye loca:tonm. The .~ollowing tsa list of suggested tnraenold Criteria useful in eetsrmtntng if etP quality mnmlymim in an EZR is nmmdod. Wm emphasize a sin that t.ts of migntftcance are nc~ limt~H to theme exmmples, mnd tree loca~ionm.1 and other factors alma affect thm clect,ion: pollutah:s: · Carbon Monoxide $ulfu~ Dissift Nitrogen Oxtall Parttoni&tam Reactire Otisnit Gases Lead . HO lbs. 1SO lbm. 100 lbs. 1IS Ibm. 15 lbs. 3 lbs. fThsso mre the ltmt~m of the Dialricers New Source Review NSR) rule. Should :hi NSR rule ¢hange~ thlll thrll~olds will &leo change). ' Z, A project which may cause an lxceldancl of any ambient air quallty ~tanOar= or ~ekss a substantial contribution ~o an existing excsHmncs of an elf qumllty stlndare. This cmn be detsrmtne(i through air quality modeling. Substantial ~efinso is msktng memsuraDty worse sn existing exc.~ance any national ambient ;('~ c~allty mtandard at any raceS:or t ! . 3, t with the Air Oueltty Hanlgement . Plln. Znconlll:sr.t projects ire usually those exceeding the lmn~ ume sn~ ~opulstlcn foroca$tm a~opted by the Southern California Asmocletton off Governments and uled in the AQMP emissions forecasts; l I -1 PaF 52 : Coast ,,, Management · Page 53 'fltn 2-1. I.m~!lou ~ ~ ~t SCAB md S!DA~ S~Q~D S~vth ~r Page Page 55 CITY OF TEMECULA General Plan Program I. Riverside County Planning Deparnnent (10-2-92) I1 Response: Comment noted. The DEIR states that air pollutant emissions resulting from General Plan build-out constitute a significant environmental impact of the project. I2 Response: This comment and the related attachments are noted. Also note that the DEIR does not state that the regional emission levels am considered acceptable, nor does it intend to imply that they are acceptable. These levels are identified as significant on page 86 in the DEIR. I3 Response: This comment refers to the Temecula General Plan rather than the EIR. 14 Response: The Santa Marllarita River Basin The Santa upper and formed by the basin. Temccula Margarita River Basin covers about 750 square miles and is broadly divided into the lower basins, connected by a narrow 18-mile gorge. The Santa Margarita River, the confluence of Temecula and Murrieta CreeB, is the principal watercourse draining Much of the Santa Margarita River basin is comprised of upstream regions of the and Murrieta Creek watersheds, although only portions of each watershed is located within the Study Area. Most of the upper basin lies in Riverside County while most of the lower basin ts in San Diego County. The entire basin is within the jurisdiction of the San Diego Regional Water Quality Control Board. The upper basin is experiencing rapid population growth which is projected to continue well into the next century. This growth is accompanied by a demand for more water and the need to dispose of growing amounts of wastewater and stormwater runoff. The lower basin's major concerns relate to water quality. Water from the Santa Margarita River recharges groundwater basins used by downstream entities for water supply. If flow in the river becomes dominated by wastewater and stormwater discharges, it is possible that the dissolved solids of the water quality will increase. Tributary Regions The entire Temecuta and Murrieta watemheds are tributary to the Study Area, although only portions of each watershed exist within the Study Area. The Planning Center EIR RESPONSE TO COMMENTS T~-o~snm~ · Io/wn Pag~ 56 CITY OF TEMECULA General Plan Program Storm runoff represents the prime soume of source water in the Temecula Creek and Murrieta Creek basins. Other sourues less significant in terms of streamflow include: 1) discharge of groundwater from springs, 2) agricultural runoff, and occasionally, 3) snowmelt. Within those parts of the Temecula and Murrieta Creek watersheds in the Study Area, streamflow is generally ephemeral, although some sections exist which have perennial standing or flowing water. Temecula Creek The Temecula Creek Watershed is comprised of about 370 square miles. The upper 320 square miles is tributary to Vail Lake, the only surface reservoir in the watershed. The 5,000 acre-feet reservoir is owned and operated by the Rancho California Water District. Water released or spilled from Vail Dam flows to the Pauba Valley. Peehanga Creek is the major tributary to Temecula Creek below Vail Dam. Peehanga Creek, which drains an 18-square mile watershed, flow into the Temecula and Murrieta Creeks. Murrieta Creek The 220 square-mile Murrieta Creek watershed is the second major area tributary to the Study Area. Major tributaries to Murrieta Creek include Santa Gertrudis Creek, Tucalota Creek and Warm Springs Creek. Lake Skinner, the only major surface reservoir in the Murrieta Creek watershed. is located on Tucalota Creek (a tributary to Santa Gertrudis Creek). The 45,000 acre- feet reservoir is owned and operated by the Metropolitan Water District of Southern California. Lake Skinner drains as area of only 44 square miles, and serves as a storage and regulating reservoir. Upper Temecula Canyon The rugged upper Temecula Canyon is the most upstream topographic zone of the Santa Margartta River. The river fall approximately 1 foot vertically for every 58 feet of horizontal distance. In addition to being steep, the river channel is relatively narrow and straight, and is bounded on both sides by steep canyon walls. Immediately downstream from the conftuence of Temecula and Murrieta Creeks, bedrock near the ground surface forms a groundwater dam. Groundwaters overflowing this bedrock barrier contribute to surface flow in the Santa Margarita River. Fed by these surfacing groundwaters, flow in the river within the upper Temecula Canyon is perennial. Several areas of standing water exist along the canyon as a result of beaver dams or debris blocking the narrow river channel. Bedrock is at or near the channel surface through much of the Upper Temecula Canyon, and the amount of surface flow lost to groundwater is minimal within the Upper Temecuta Canyon. Flood controI regulation are discussed in response I6. The Planning Center EIR RESPONSE TO COMMENTS 'rm.ol,~v. snco~ . Io~l.m Page 57 CITY OF TEMECULA General Plan Program I5 Response: The adverse impact of chain link fences on wildlife movement is noted. Fence standards will be addressed in the Comprehensive Open Space Plan. I6 Response: The following discussion details the National Pollutant Discharge Elimination System (NPDES) and its proeeas. In 1972, the Federal Water Pollution Control Act, the Clean Water Act, was amended to provide that the discharge of pollutants to waters of the United States from any point or source is unlawful, unless the discharge~ is in compliance with the National Pollutant Discharge Elimination Systems (NPDES). The Federal Clean Water Act allows the U.S. Environmental Protection Agency to delegate its NPDES permitting authority to states with an approved environmental regulatory program. The State of California is one of the delegated states. The Porter- Cologne Act (California Water Code) authorizes the California Regional Water Quality Control Board, through its regional boards, to regulate and control the discharge of pollutants into the waters of the state and tributaries thereto. Section 405 of the Water Quality Act of 1987 added Section 402(p) to the Federal Clean Water Act. Pursuant to Section 402(p) (4) of the Clean Water Act, the Environmental Protection Agency is required to promulgate regulations for stormwater permit applications for stormwater discharges associated with municipal separate storm sewer systems sewing a population of 100,000 or more. Section 402(p) (4) also requires discharges of stormwater associated with municipal separate storm sewer systems sewing a population of 250,000 or more file stormwater permit applications by February 4, 1990. On February 16, 1990, the U.S. Environmental Protection Agency published regulations that establish requirements for applications for stormwater permits for specified categories of industries. The regulations require that discharges of storm water from construction activity of five (5) acres or morn must be regulated as an industrial activity and covered by a NPDES permit. While federal regulations allow for two permitting options for construction activity (individual and general), the State Board has elected to issue only one statewide general permit at this time that will apply to all construction activity, except from those on Indian Land and the Lake Tahoe Hydrologic Unit. A separate statewide general permit has been issued for all other industrial stormwater discharge categories except construction activity. The Planning Center EIR RESPONSE TO COMMENTS T~I,X~nCOM. Io/I,m Pag~ 58 CITY OF TEMECULA General Plan Program Areawide Stormwater Permit To regulate and control stormwater/urban runoff discharges from urban areas to runoff conveyance systems and to receive waters, an areawide approach is essential. The management and control of the runoff conveyance system cannot be effectively carded out without the cooperation and efforts of all entities within Riverside County within the area under the jurisdiction of the San Diego Regional Board. The Regional Board has concluded that the best management option for the area is to issue an areawide stormWater permits incorporating all land use regulatory agencies using the discretionary authority granted to the Regional Board. Description of Permit Conditions The following is a brief description of the major provisions of the Permit and the basis for the Permit. Regulatory agencies shall enter into an agreement regarding the roles and responsibilities of all co-permittees with regard to all requirements contained in the permit. Annual fiscal analyses shall be prepared and submitted demonstrating availability of funds to carry out the storm water management programs. Agencies shall inventory existing stormwater pollution control programs, illicit discharge detection programs, monitoring programs and data, stormwater conveyance system maps, land use maps, and existing laws, ordinances and codes giving the dischargers the authority to implement and enforce stormwater control programs in their areas of jurisdiction and where necessary, promulgate the authority to carry out all functions of the stormwater management programs. Submit reports on the adequacy of the existing data after taking into consideration any requirements of NPDES stormwater regulations promulgated by the Environmental Protection Agency or as specified by the Executive Officer of the Regional Board. Develop and implement stormwater and receiving water monitoring programs to evaluate discharges of pollutants from stormwater conveyance systems to waters of the United States. Develop and implement an iIlicit connection/iIlegal discharge detection program to identify and eliminate non-stormwater discharged to stormwater conveyance systems. The Planning Center EIR RESPONSE TO COMMENTS tem.o~ae~:com - Ioll,m Psge 59 CITY OF TEMECULA General Plan Program Prohibit illicit/illegal discharges from entering into stormwater conveyance systems unless the discharge is permitted by the Regional Board. Develop and implement best management practices to control discharges. Conduct an annual analysis of the effectiveness of the overall stormwater pollution, control management program in their areas of jurisdiction. If the water quality objectives of the receiving water are violated as a result of stormwater/ urban runoff discharges, the dischargers shall identify proposed programs which will result in the attainment of the water quality objectives, and a time schedule to implement the new programs. General Pern'tit for Construction Activity Construction activity includes clearing, grading, or excavation that results in the disturbance of at least five acres of total land area. Construction activity on sites of less than five acres requires a permit if the construction is part of a larger common plan of development. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility, nor does it include emergency construction activities required to protect public health and safety. Description of Permit Conditions The following is a brief description of the major provision of the Permit and the basis for the Permit. This general permit authorizes the discharge of stormwater from construction sites. It prohibits the discharge of materials other than stormwater and all discharges which contain hazardous substances in excess of reportable quantities. Permits for stormwater discharges associated with construction activity must meet all applicable provisions of Section 310 and 402 of the Clean Water Act. These provisions require controls of pollutant discharges that utilize best available technology economically available and best conventional pollutant control technology to reduce pollutants, and more stringent controls necessary to meet water quality standards. The proposed general permit requires development and implementation of Storm Water Pollution Protection Plans (SWPPP) emphasizing stormwater best management practices. This approach provides the flexibility necessary to establish controls which can appropriately address different sources of pollutants at different construction activities. The Planning Center EIR RESPONSE TO COMMENTS r~l~r,~rr..sPzcoM · 101~41'~2 PIg'l:: 60 CITY OF TEMECULA General Plan Program Another major feature of the general permit is the development and implementation of a monitoring program. All dischargers are required to conduct inspections of the construction site prior to anticipated storm events and after actual storm events to identify areas contributing to a storm discharge associated with construction activity and to evaluate whether measures to reduce pollutant loadings identified in the .SWPPP are adequate and properly implemented in accordance with the terms of the Permit or whether additional controls are needed. I7 Response: We apologize for any inconvenience resulting from mistakes during photocopying of the DEIR. The tidewater goby and Beldings savannah sparrow do not occur in the Study Area, but were mistakenly referenced in the legend for Figure 16. No occurrences of either species are plotted in Figure 16 of the DEIR, and they were excluded from the comprehensive list of sensitive animal species found in Table 10. The Final EIR contains a corrected Figure 16. The project boundaries on Figure 16 show that Lake Skinner, Vail Lake, the Santa Rosa Plateau, and all but a short segment of the Santa Margarita River are also outside of the project area. The DEIR identifies the California Natural Diversity Database (NDDB) and several EIRs as the sources of the data plotted or referenced in Figure 16. The existing data on the distributions of plants and animals in the Study Area are incomplete because only a few detailed biological assessments were available for the Study Area. The list of sensitive species in the region (Tables 9, 10, and 11) are more complete. Figure 16 has been corrected and updated with data from the 1992 NDDB (see attached). The numbers plotted in Figure 16 (both in the DEIR and in the updated Figure 16 found at the end of the responses to the Riverside County Planning Department) are the specific locality data for individual records of sensitive species. For example, .the golden eagle (#31 in the attached, corrected Figure 16) is plotted west of Skunk Hollow, indicating that a record for this species in the Skunk Hollow area exists in the NDDB or in a biological report for the area. Similarly, two published localities for the whiptail lizard (#25 in Figure 16) were found for the Santa Rosa Plateau. For a number of species, the literature referenced only a general location such as the Santa Rosa Plateau, Santa Margarita River watershed, and Vail Lake. The sensitive species that have were reported using these general localities are listed in the legend for Figure 16. The comment that the legend consists of blank boxes is not understood. The problem with reproduction of Figure 16 is regrettable. Accurate plotting of the locality data required the use of USGS maps because they show the township, range, and section data commonly used to record occurrences. Copies of the revised Figure 16 that are of suitable quality can be obtained through the Temecula Planning Department. The Planning Center EIR RESPONSE TO COMMENTS wo4.o.,a~.~coM · lo/,.m Page 61 CITY OF TEMECULA General Plan Program The occurrence of the least Bell's vireo, yellow-breasted chat, and the mountain lion in the Santa Margarita River warembed is indicated in the legend for Figure 16. The occurrences of Nevin's barberry and the Vail Lake eeanothus at Vail Lake are noted in Table 9, but were inadvertently omitted from Figure 16. These and other recommended corrections have been incorporated into a revised Figure 16 (see attached). Tables 9 and 11 reference 36 sensitive plants and 68 sensitive animals, respectively, that are either known to occur or potentially occur in the Temecula region. Table 10 lists another 19 sensitive plants that potentially occur there, but whose presence is unlikely. In sum, the biological resources section of the EIR compiled a list of 123 sensitive plant and animal species for consideration during the biological assessments required under mitigation measure #6. Every effort was made to document the biological resources in the Study Area. The treatment of these resources was conducted in a manner consistent with a program-level EIR, as explained on the first page of the biological resources section (page 103) of the DEIR. The requested corrections to Figure 16 (see above) do not include any additions to the list of sensitive species. The comment does not explain how the biological resources section of the EIR is incomplete. Figure 16 has been revised in response to some of the inaccuracies noted above. It is important to note that the map of sensitive species locations relies on the available literature and only a few detailed biological assessments were available for the Study Area. Personal communications opposed to published observations) are generally not included. The comment that the biological resources section of the EIR is inadequate is not specific enough for response. I8 Response: Figure 32 has been corrected (see attached). 19 Response: This comment indicates that impacts from circulation system improvements to Riverside and the region would be largely fiscal. It is presumed that this comment refers to fiscal impacts for road maintenance from increased traffic on roads outside the Temecuta city limits. The fiscal analysis in the EIR has been limited to the City of Temecula. However, Riverside County received gasoline tax based on total county registered vehicles, including vehicles within the City of Temecula. Implementation of the proposed circulation system which falls within Riverside County jurisdiction would have fiscal impacts on the County. The major portion of traffic which contributes to the need for the proposed facilities would be generated by development (e.g. existing, approve& and planned) which also falls within the County's jurisdiction. Existing and approved development in these areas have been subject to Riverside County approval and until such time that the City of Temecula annexes these areas, proposed The Planning Center EIR RESPONSE TO COMMENTS T~-OlX~ESP..,CO~ · io/,,m Page 62 CITY OF TEMECULA General Plan Program development will continue to be reviewed by the County. Roadway improvements in the County areas are currently being implemented through various funding mechanisms including a number of assessment districts, road and bridge benefit districts, mitigation fees and direct developer implementation. Fiscal impacts can be minimized through continued development monitoring efforts, expansion of funding strategies, and implementation of more aggressive transportation demand management programs. I10 Response: We acknowledge that them are differences between the current Riverside County Comprehensive General Plan Cimulation map for this area and the proposed Cimulation System map in the temecula General Plan Draft EIR document. The current County circulation plan was used as a source and preliminary constraint during development of the recommended plan. Additionally, the north "sphere of influence" and "area of interest" Wilbur Smith Associates reviewed and concurred with the roadway system recommendations formulated as a result of the Riverside County requested and administered Airport Community Transportation Study (ACTS) conducted by Robert Kahn, John Kain & Associates. The deviations in the planned circulation system noted in the comment are directly a result of this study. It is our understanding that the Riverside County Transportation Department has reviewed and generally concurs with the ACTS recommendations. We will continue to monitor the ACTS review until such time that formal action is taken by the County regarding the adoption of recommended General Plan Circulation map amendments. Ill Response: The generation of vehicle trip ends within the City of Temecula, Sphere of Influence, and Area of Interest are derived based on existing, approved, and planned land uses. The proposed roadway network is designed to serve the circulation needs of area development. Air quality impacts of the projected vehicular travel is addressed in the EIR. The fiscal impact is recognized in the EIR Traffic Study and recommended mitigation measures include the need to implement an areawide circulation system phasing and financing program. The implementation of this program would require a detailed study of fiscal needs and funding mechanisms. 112 Response: Comment noted. The Planrang Center EIR RESPONSE TO COMMENTS STUDY AREA CIRCULATION ROADWAYS i"~ Paved Road Graded Dirt Road or Under Constructxon ~ City Boundary General Plan Program FIGURE 32 CITY OF TEMECULA General Plan Program I13 Response: The comments regarding Dowingia sp. are noted. The results of the spring, 1992 survey by Mr. Sanders of the University of California, Riverside were not among the literature surveyed for the Tcmecula General Plan EIR. The DEIR acknowledges the importance of biological resources. Serious efforts are made to avoid impacts, and consultation with the Department of Fish and Game and the US Fish and Wildlife Service are expected during environmental review of projects. I14 Response: The form of implementation of local government air quality control in Temecula is not known at this time and therefore cannot be incorporated into the General Plan analysis. However, it is known that SCAQMD uses a cost-effectiveness approach for: (1) comparing, evaluating and prioritizing control measures, (2) evaluating rules prior to adoption and (3) determining specific requirements in permit issuance. As future air quality control measures are applied to local governments and the local planning process, the cost-effectiveness approach will include evaluation of fiscal impacts. Some control measures, such as parking management, may include new local revenue sources which may be used in the implementation of a variety of control programs. 115 Response: This comment refers to the costs of providing services to agricultural land, versus urbanized land. The existing City budget reflects the revenues and costs for provision of all City services in Temecula, including services to agricultural areas and urbanized areas. The fiscal analysis of the EIR presents all revenues and costs from incremental urban development, including costs reflected from conversion of agricultural land to urban development. Thus, the fiscal analysis implicitly includes the fiscal impacts of these agricultural land conversions. I16 Response: The Temecula General Plan includes a detailed approach to the preservation of the unique features of the City through development of a Community Design Element. The Element focuses upon those aspects of the community that contribute to the image and character of the natural and man-made environment, this includes local agricultural resources. The goals and policies contained in this Element aim at preservation of natural features in the community. Specifically, they encourage the development of a comprehensive trails and open space system and protection of public views of significant natural features. Several polices which encourage this approach are detailed below. Implementation of these and The Planning Center EIR RESPONSE TO COMMENTS TESl-0V, RESnCt~M - ion4m Pllge 66 CITY OF TEMECULA General Plan Program other policies contained throughout the General Plan would adequately preserve and in some instances enhance visual and aesthetic resources. Policy 5.1 Work with the County of Riverside to protect the surrounding hillside areas. Policy 5.2 Promote the development of turn-outs on scenic roads. Policy 5.3 Require the revegetation and maintenance of graded slope areas. Policy 1.1 Promote the development of a comprehensive system of trails and open space areas that connect schools, public recreation areas, residential areas and commercial centers. Policy 1.2 Formulate a Master Plan for the Old Town Area including a detailed action plan for implementation. Policy 1.3 Develop design standards to enhance the visual character of commercial centers that are located adjacent to 1-15. Policy 1.4 Promote community identity by providing specially designed gateway signage at the primary entrances to the City. Policy 1.5 Maintain and incorporate natural amenities such as rock outcroppings, indigenous vegetation, streams and watercourses into development projects to protect the environment and provide natural landscaping, protect views, and to provide recreational opportunities in order to maintain the quality of life. I17 Response: This comment discusses the potential fiscal impacts from reduced agricultural income, including the multiplier effects, as well as increased costs associated with degraded air quality and impacted circulation systems. The fiscal impacts of conversion of agricultural lands to urban uses has been discussed under Response 1-15. No multiplier effects are included in the assessment. These impacts from reduced agricultural activities would be largely national and regional in scope. Increased costs associated with degraded air quality are beyond the scope of the economic analysis of this EIR. Finally, regarding impacted circulation systems, our analysis has included costs for increased circulation system maintenance to the City of Temecula. Response I-9 discusses the cost-revenue implications for circulation systems maintained by Riverside County. The Planning Center EIR RESPONSE TO COMMENTS r~-o~w, esnm~ . ao~,m Pag¢: 67 CITY OF TEMECULA General Plan Program 118 Response: A Mitigation Monitoring Program (MMP) will be provided prior to adoption of the General Plan. The final MMP will include, finalized mitigation measures, monitoring agency responsibilities and the timeframe for monitoring activities. I19 Response: Alternatives 5.2 and 5.3 may require the formation of benefit assessment districts to finance growth. Such a formation would be the impacts of the growth under the alternatives, and not the proposed project. Any district formation would only take place with a majority of approval of affected landowners. The Planning Center EIR RESPONSE TO COMMENTS TaM~l~nc~M. 10/l~m Pa~,~ 68 LETTER J Fronds of dz Santa Marganta River P.O. Box 923 Fallbraok, CA RECEi VED et n, OF S~ember 28, 1992 John M~.cr Planmz~ Depaxt,,.mt City of Temecuia J-1 Re: CxW of T~a~cula Dra~ General Plan and EIR. 'I~:e Fnen~ of d~e S~ta Man3axam in ~aj~cUon ~ P.O.P. ~ U.R.G.E. subdued ~ mg~ ~c above d~ ~ s~= ~r. ~w~, due ~ our ~,~ ~r~ ~ of ~n~m ~ FH~ds of~ S~ M~ f~I ~ ~ve s~d ~o b~ ~c ~~ ~m~ w y~r a~ ~ f~ ~ p~ 1 ~ou~ 4 ~ iu~u~ m ~r pl~nin~ doc~ Sin~ it ~ ~¢ ~ W ~a ~1 ~ "~ d~ Um~ S~t~", ~ pam~rly ~c w~i--~. S~ ~¢ Ci~ of T~ ~ ltaly ~ ~d ~ follow ~ ~lincs s~ up~ at ~ conclusion of~ ~y, k s~ ~Ie m usume ~ ~u~ ~ s~icr for you m ~c long ~n m inco~on~ ~e ¢~ mD your E~ ~ G~e~ P~. Very truly yours. Nancv/~ackstrand Presz~[~n~ Page ~9 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne SIreN Sen Francisco. Ca. 94105-3901 SEP ~. 5 t992 Dearscoping participant: 'As you may know, the U. S. Environmental protection Agency (EPA) has initiated an advancad planning project in the Santa Marg~rita River watershed. A component of this effort is an "advertcod identificationi~ (ADID), an advance planning process whereby E~A aM the U. S. Army Corps of Engineers, in consultation wi~h ~he State. and with input from other public end private entities, identify wetlands and other water~ of the U.~. as "potentially sui~abIe- or ~generaily unsuitable" for use as disoharge s'Ces rot Uredqeda'~ j!I1 ma~erl~ 'EPA nee nlre~he Cadmue ~roup' =o prepare a watershed report ~haC includes an evaluation oT the wetlan~ an~ riparian functions within =he wa~Irghed and =he significant s~res~urs ~ing ri~ks ~o zhese functions. I= is our in~entthat, when completed, this information will be made available to the agencies ~nd entities involved in 'the Santa Mar~arita River ~etershed Coordinated Management Study. aware of additional information Butterwick on my staff a= (415) asslz~anc~. Enclosed is a summary of EPA's Santa Mariarite River advance planning pro~ect, including a working outline for the re~ort and s list of references and GIS data sources. Please review the Bummary for con=en~ and completeness. If you have any guestions or are sources, pleaear. contact Mary 744-1976. Thank you for your Wetlands and Coastal Planning Section Enclosure Page 70 EPA'S SANTA MARGJbRITA RIVER PROJECT Technical $uppor~ for Wethinds Advanced Identification In California C~a~ml Wattrgheds Introduction As part of an effort to protect and manage the remaining wedands and other waters of the United ,.%'tares in southern Carlgamin, ]~PA Rolion IX has initimed the Advanced ldmtif~.ation (ADXD) process in ts Same Mergerits River wmed. This prom fore coopera~on amoq ]~PA, m= Army Cozpl of ~qgtnee~ (COE), and oter federal, sma, aul local qe~ciae to collect ilxformation, MereiCy, tad evaluate losttom, hamtel runway, and potea~ value of warm of the United Stam~ iadudbl the wmlm~ end a~sociated ripui~ arm. The Cadmus Group has contracted to provide Region LX with · report upon v/bieh P-.PA and CC)X can complete me ADID for .this coastal watershed. The resulting databases, compiled information, and analyses on these aquatic resources wUl become generally available for pJ,..ieg sad permitting decisions by EPA, COLE, regulated com,"mJnities, local governments, environmental Orf,-t,~e~ons, conservedon groups, and the public. This information can be used in advancing economic development and wedand conservation within the Santa Margarita wamrshed. The following seaions briefly discuss the pals, objectives, and approaches of~bh projecr., me imporlanes of werJand~ in wafers22eds, and the relationship of the whole*basin plte,,t-~ process to ehll project. Following these discussions, the working oudine.belng used to develop the final rg~-support report for th~s project is presented. Lasdy, the prima~ refesear, es t~at provide source matAal on the Sen,. M~rprita basin are listed aloug with other kay tec~nical lizerature of imporumce. For additional information or to conre'bore information for usa'in this ADID, please contact Mlry Butterwick, Wetlands mad Coastal Planning Sealon,. U.g. Envtron~=mal ]srotoctlon Alehey, 75 Haw~orne Street, San Francisco, CA 94105, telephone (415) 74.4-1975, or Mike Mar=us, The Csdmus Group, inc., 273~ North Care~ee C~'~e, ~lagsta~, AZ 86004, teJephone (602) 526-8092. General Goals, Objectives, and Approaches of this Project This ADID project will identify waters of ~be' Lfnited Shoes in the San,. Margarlta watershed, emphasizing ch~ir wetlands and associated riparian areas. In eddlrjon, the re/ative functionel l_mpo~nance ofthue areas wili be evaluated, and those most threatened by human a~vidas in the waterelmd wm be identified. During this assessment three primary wed·rid functions are being emphasized: (l) wee_m' quaJity rnair.,.-.nance, e.g., sediment trapping, nutrient cycling, nutrient supply, lind presen, ation of beneficial us~; (2) habit3t for wed and d~dent epeciea, i.e., biodivaraity; and (3) flood ·IXenultion and maintenance o~ base flow by wetlands. The project uses only existing environmental data relevant to understanding these other wedsad and riparia~ functions within ~e Santa Margarita watershed, and to idemify~g tixe most slingtic·at mrMson posing risks to rheas functions. Maps of wed·ntis, cultural resources, and warm'shed activities ofconcent have been compiled to determine their locations ia the watershed. Knov41 hurnln aherettonl to ie Pagc 71 watershed that impact weltands and their associated ~unaions are being r~orded. How mese impacts f'dnher affect the water quality, biodiversiW, groundwater recharge, and flood at~enuatinn, and other components within the watershed are being described. Potential stresson that can affect the viabi]ity of w~ands include increasing or decreasing water flows; dredging, filling~ or omcr physical altoretinas; and discharging nutrients or toxicants into the watch flowing imo wetlands. Because of limitations imposed on this project due m the use of existing data only, analyses in this study include both quantitative and qua]ltazive evaluations. Where sufficient data are available, wedand ~nctions ere be~ng determined through quandtatNe asse~sm~ Where data ere Jackal, objective criteria are being developed based on best professional judgment, These criteria m~ the ndonnl fur thff. use will be documented in the ring tadraScal-support report resulting from ~ project, Many annlyses within this project rely upon a Geographic Information System (G'IS) to essess the location and frolistens of Santa lviergarica wetSands and the probabilities and comparative risks posed to these wedands. Importance of Wetlands in Watersheds Wetlands evolved in ~e landscape through interactions among diverse environmental faaon. Climate, topo~T3pny, geelop.., soils, vegetation. land use, and other iends~ape and regionld variables con~uaJly combine to determine the flow of water through watersheds end wedands. It is water flow, then, that controls the furmarion of different wedand t3~es, their geographical dist~bution, and biological and chemical properties. In rut'n, welland types, their abundances, locations, biological communities, and physical and cheminl characteristic~ join to iovent the functional character of wellands. Amt, most simply, it is the resulting diversity of animals, the tangle of plants, and the uniqueness and stringsrim o~ a water. dominated environment that _m,ke wetlands ~ascinatin2 places fur many people d all a~es. This. too. largely defines what scientists somPJ. imes call the "cultural value" of wetlends. In total the ground and surface water environment comprise a hydrologic continuum. Modification of any of its par~. whether wetland.or upland, wUI affe~ ell other ~arts. Location in the draina~ basin (i.e., its topographic position) and relationship to the principal zone of Innnation (i.s., its hydelogic position) age two ksy physical landscape properties controlling hydrologic Nnctions of wedands, From a landrape view. important smaa~Jral proposing of wetlands include the numbe~ and to~al volume of wetlands. their individual size, volume end shape, and geographical disu'ibutinn of different wetland types. When evaluating their geographic distributions, consideration is given to positions of wetiand~ in the watershed, spatial relation to other we~ends, am:l spatial relation to other ecosystems and land, use types. Although they often occupy only small proportions of watersheels, wedands and their associated ripztian a;sas frequently a~e the most important arm of a wareabed for a wide ran~s of cultural and resource values. For example, wedands n o/ten borne to many sensitive, du'eatened, or sn41nim'ed speci~ and other important ecnlogica~ resources. This h especially Wue for arid-land wmenbeds, including the one surrounding the Santa Marguile Ravel Wedands have become environments o~ increased interest and controversy. Often, this conu'oversy dcrive~ from the genera] failure to consider me total value of wedand i~,mctions that effectively service many human needs. Among the culturally valuable long-term. maintenance-free servi~ns that wedands naturally provide ue groundwater recharge and discharge. flood flow alteration, sediment and shoreline stabi[izatinn, toxicant retention and degrededof, nutrient removal and tnnsformadon, and habitlz for terrestrial wildlife and aquatic species. Thordote. when considering whether tn proceed with an antivit7 that will directly or indirectly degrade wedand f'unaions, the value of the benefit~ that this activity might 2 Pa~c 72 produce should be weighed relative to the consequential loss in services provided by the wedands. For example, is the net value resultin2 from the planned activiW 2realm' than the combined long-term value of the w~land in increasing gr0undwater smrage, decreasing downstream flood dantags, ln~easinf assimilation and removal of nutrients and toxicants in the receiving water ayetern, creating important wildlife and aquatic habitat, and providing ruth=tic values for select user groups? Wailands and Whole Basin Planning The Santa Margargle River Project presents significant challenges and oppormnitins in the assessment and refutedon of wetlands. Wetland regulations have often been imposed without rqard to the fundion of wedands within the watershed or the relationshipamong the wedands connected by a common waterway, This is because of frequent limitations in available dam, usesmerit techniques, and rqulatory approaches. Therefore. this project includes methods that go beyond those used in earlier wetland evaluation studies. Part of the basis for this expansion is the Watershed Protec--'.:n Approach promoted by ~-PA's Office o~ Wetlands. Oceans, and Watersheds. This approach encourages ripanalOg life traditional scope of water quality management profranu to conskier all inlnts into a watershed's waserbodies relative to the capabilities of these waters to process the added materials. These capabilities have become generally termed "the assimilative capacity of the basin." Whole basin planning, under the Watershed Protection Approach, is a method that atlnrnpts to basalice the assimitative capacity of aquatic systems with pollutant losdines floe both point and ltonpoillt sources. That is, it is a useful planning and management tool for addressing cumulative effects of multiple pollution sources within watersheds. In concept, whole basin planning is Sanerally similar to the deveJopmem of Total Maximum Daily Loads tTMDLa), as defined by Section 303(d) of the Clean Water Act (CWA). The TMDL process requires evaluadnS and regulating possibly all Watershed sources for a pollutant to conu'ol its concentration in any surface water not Itffilnlng water quasiW standards for that polJutam through other conventional approaches. Fundamentally, there are two factors considered within the context of either the Watershed Protection Approach or the TMDL process: (I) maintenance and enhancement of the assknilative capacity of the system. and (').) regulation and control of inputs to the system. Both approaches encourage consideration of cumulative impacts in the watershed, and the use of meuures to preserve and enhance physical characteristics of habitats as an inteiral element of maintaining water quality end biological hxte~i~. Further. TMDL narrative management su'Megies. N'PDE-q permiu, and 404 permits can all be wriv.~n ~ generally allow or specifically dh'ect discharSers to maintain, restore, or enhance physical habitats and to possibly use but managcment practices (BMPs) to maintain or hnprove es~im!tativa capacities of receiving water systems. Imporumly, maintainini or impwviaS on-site and downsuream wedands can be critical components of this process. For example. watershed problems that can benefit from enbancinl' typicaJ wetland fun~ions include: · waters exceedinS water quality criteria for toxic4nu, · waters with known fish kilts or eutrophication problems, · sadimam impacted waters, · limited aquifer recharge, and · limiting wildlife and aquatic habitate. Page 73 The integratcd whole-basin approach, including sp~ial consideration of watiands, is increasingly being used as part of me water quality planning, regulation and permitting processes. For example unde~ the TMDL proten, if the assimilative capacity of the system i~ diminished, then the TMDL~ for that system mug also be adjusted downward. Since wetlands are signi~cant contponen~ of a watershed's asstmilarive capacity, their health and st, ms can be critical considerations within bod~ whole basin planning and the TMDL process. If a permit de~ision ]ms to a functional de~'adation of on-~ite or downstream then repercossion~ :an lead to requiting ntore restric~ive permits and control programs (e.g., 404, NPDES, urban storm water, nonpoint source liMPs) for other sources within tha~ bush. Analyses in the Santa Mugsrite River Project include advenced me~o~ to evaluate wet]ands busd on the fundamental concepts of the whole-busin approach. For example, beyond evilmS individual indicators and stressor~ of wedand fun~ons. when possible this projec~ also is idmttit'yi~ de~i~l uses for waters within each hydrologic unit of me Santa Mariarite watershed, ancl svaluszing the probable role of wetlands In sustaining ear of these uses. These evaluations are based, in pan, on the landscape position of the wedand relative to conncGdnZ waters and adjoining lands, and on the pet~lltlaJ belP~ from wetland functions' typically expected. Where functional properties of wedands ar~ found to be presently de~,n'aded, oppomnitjes l~ely exist for restoring or enhancing thsb' functions. Resuks from the ~;~nta Margarita River Project will assist Region IX in developin2 and implementing useful indicators of wetlands conditions. and aid planning and permitting activities within this winheal. The~e results also should help to minimize the loss of impQnant w~tlandg in this watershed, and point to opportuniU~ to enhance valuable wedand foncdons. 4 PoSe 74 SANTA MARGARITA RIVER PROJECT Working Outline for Final Technical-Support Repm't Introduction A. Nature of this report a. Basis of project is primarily the ADID proems b. ln:lud~s considerations drawn from whole-besin planning pr~e.~s c. Te, chni csl-support report includes paper and electronic components B. Brief description of the project are~ C. Background on Advanc~ ldtntification (ADID) D. Importance of Wetlands in the Wareabed 1. Key Wetland functions a. Watenhsd assimilative capacity ( 1 ) Sedimant/mxicant r~tsntion (2) Nutl-iant removal/iransfonnation (3) Link to EPA's Watersh~i Protection Approach b. Flood Flow Alteration c. Bioctiversity 2. Placement and Function E. Project Goals 1. Characterize the functions and values of waters of the United Statz~ in tht Santa MarSarks watershed. emphuizing their wellands and associated riptrian arm. 2. Assess the ioadlngs to and assimilative capaciti*~ of wetlands and related aquatic systems in the Sann Margarita watershed. F. Project Objectives 1. Collect sisring information, data, and reports telsEed to waters of the ljnitsd States in the Santa Maxgarita watershed, smphuizin$ theLr wetlands and ar.,sociattd riparian arm. 2. Characterize, using existing information, the extent and starts values} on waxzrs of the United States in the Santa MarWin watershed, emphasizing their weLlads and associa~ riparia arm. 3. Characterize, using existing information. the extent and status of slrenon and hazards f~r waters of the United States in the Santa l¢~rgarita watershed. errlpha4izing their weftands and associat~ ripman 4, QuantifS, anti quali~. to the extant possibls using information from 2 and 3. both the present and th~ projected rish to waters of the United Sates in the Santa Mergerits warm. shed, emphuizing their wetlands and associated riparian arm. ~. Identify clan gaps, prioritize research needs. and recommend a restarch plan to complete the analys~t of w~land functions and values at risk in the Santa MarSlrita watershed. 6. Develop graphic~ displays and GIS maps for ne~s of EPA to communicate about waters of the United States II. General Technical Approach Ill. Wetland and Watershat Measures and Indicators for Functions, Stresson, and Values Pa~e 75 IV. Methods A, Data Compilation Procedures B. Project Dataha.~es I. Data dictionaries (WordPerfect 5.1) a. Hydrological uniB and subunits descriptors b. Data characterization descriptors c. Keyword descriptors 2. Project Literature and Data Sources (pandox 3.5) a. Auffior (Au:) b. Title (Ti:) c, Year (Yr:) d. Document identification number (ID No.:) e. Source (So:) f. Hydroloiica~ units and subuni~ descrlpton (l.Iydro De:) g, Data charanterization desctiptors (Data De:) b. Keywoz;d descriptors (Word De:) 3, Ongoing projsets (Paradox a, Project title b. Performing organization c. Projec~ contact person d. Address Funding orgzmzation f. l-lydrologicai units and subunlts des~ipton i- Data charact~rintion desctipmn h, Keyword desrtipton i. Annotstad deseriptors j. l~xpe~ted completion dais 4. Comp"ed data (Paradox 3.5 or Qu~lmPm 4.0) a. Hydrotolical units and subunks desedpton b. Data characterization descriptors c. Nature of data (1) Single concentration msasurement (2) Men (3) Medium (4) Range d. First data entry field e. S~.ond data enn'y field f. Third data enu'y Fourffi data entry fidd 5. GIS (Arclnfo) a. (General methods to be used ars discussed undsr General Projsct Approach) C. Data Ansiysis Metho4s 1. Wetland delineation-US FWS N~VI maps 2. Relative Quality/Values of Wetlands b. US FWS NWl-map prediction pmcadure c. Role in maintenence and enhancemeat of beneficial uses 3. Relative Risks from Stresson 6 Pag~ 76 4. Overlay of wedanti/watershed values and stresson V, Results A, Summary of Collected Dam and Information 1, Contacted/Cooperating Affencies and Personnel 2. Project Literature and Data Sources 3, Ongoing projects 4. Compiled aa~a a, Subbrain of the Santa Msrgari~a Wamnhed (I) Beneficial Us,s f~r Suneac~ and Ground Waters in thn Subbmins (a) As Designated by the San Diego Buin Comprehensive Water Quality Control Plan (2) Summary-Differences and Similarities Among Subbasins b, Land Use (1) Historical (2) Zoning and Deve|opment c. Archeulogy d, Flood pJains and flood control (1) DL~cbarge and recharge ~,heracteristics e, Soiis (I) Erodibility (2) Aspect (3) Slope f, Wa~er QuandW (1) USGS sudaca-wata~ flow records (a) Monitoring sites (b) Periods of record (c) Hydrologicai charactuistics ., i) Basc flows ii) Pe~ flows iii) Long-term trends (2) Groundwater monitoring reoords (3) DriVing water ~pplies sources (aJ Eastern Municipal Water Disui~ Co) Rancho California Water District (o) Murrleta County W~er DIstrict (d)Elsinore Valley MunioipnJ Wster Distri~ (~) Fellbrook Public Uttlld~s District (f) Del, uz Het~tlts Munkipal W~sr District (Z} Rainbow Mnnicip~l Wa~.r Distri~ (h) Camp Pendleton (i) Others (4) Live-water discharge Water Ouality-.~ourr, es and ginks (1) Baseline Physicel and Chemical Conditions (~) Summaries from STORL:'T and from other sources (b) Rol,' of sediment movement -Page 77 (2) NPDES wastewater and stormwatcr sources (a) Locations (b) Summary. characterization i) General description ii) Discharge limits iii) Dirharge violations iv) Ff'tluent and lastteam Toxi~itie. s (3) Superfund sites (a) Locations Co) Summary ch~trecterL,.arion (~) 404 permits (a) Location.s Co) Summary characterization (5) Non-Point (a) .Locations (b) Summary char,-..~'i:eation (6) Alsimilative C. aparjties (a) By ma. lor slzeam reaches h. Biodiversity ( 1 ) Terrestrial/wetland Plants (2) Fish (3) Other acluatic animals and plants (4) Birds (5) Mamma. is (6) Species of special concern (It) Federal thremened and endangered species (b) State-listed aen~itive specie~ (c) Other listings C7) Habitats of special concern 5. GIS layers a. Summary of layers available Analysis and EEvaluation of Wetlazxis/'vVatetsaed Functions and Values l. Ground Water Recharge 2. Ground Water Discharge 3. Flood Flow Alteration ,,. Sedime~t/Toxicant Retention 5. Nutriet~t Removal/Transtbrmation 6. Production Expor~ 7. Aquatic Diversity/Abundance a. )-labitat value by eritit.al resident species 8. Wildlife Diversity/Abundance a. Habitat value by critical ruident species 9. Recreauon 10. UniquenesslHerirage 1 I. Others 8 Page 78 VI. General Summary and Conclusions Extent and Status of Wetlends and Related Waters within the Santa Margari~ Watershed l, Extent 2, Functional Values 3. Stressors and Risks 4, Asaimilative Capacity S, Treads of Change B. Data Gaps and R,-,~rch Needs VII. 'A. B. C. Appendices Meatsfled Reporu and Dam Sets Ongoing Projects Guide to the GIS and Supplemental GIS Map Layers Page 79 CITY OF TEMECULA General Plan Program J. Friends of the Santa Margarita River (9-28-92) J1 Response: Comment noted. The Biological Resources section of the DEIR discusses several habitats in the Study Project Area that are potentially classified as wetlands, including meadows, seeps, marshes, vemal pools, various riparian habitats, and .stream beds. The mapping of wetlands within the Study Area was not undertaken for the DEIR. This task is expected to occur in a site-specific manner during environmental review of specific projects. The DEIR also points out that impacts to wetlands are regulated under the Federal Clean Water Act and Department of Fish and Game Streambed Alteration Agreements. See also Response K2. Response 14 in this Response to Comments document provides basic information on the Project Area in relation to the Santa Margarita River Basin and Response I6 discusses the National Pollution Discharge Elimination System (NPDES) and its process. The Planning Center EIR RESPONSE TO COMMENTS PRES tV 'OUR PLATEAU K K-2 K-3 Jonn Meyer, Senior Planner City of Tamecure 43174 Business Perk Dr, Temscula, CA 92590 Sept. 15, 1992 RECEIVED SEP I 7 1992 RE: Draft Temecula General Plan and aIR Deer Mr. Meyer: Thank yOU for this opOortunity to comment on Temecula's draft General Plan and aIR. Our grassroots citizens group of several hundred members is dedicated to the ~rsservmton of the Santa Rosa Plateau and its surrounding ecosystem. We are extraordinarily diaebpointed to find that watershed issues have been given such insufficient treatment In the draft plan and aIR. Our previously submitted comments have clearly not been given sadDue consideration. It would be tragic if this historic opportunity to put in place modern watershed management policies was loot. Failure to take stabs proactively may lead to costly measures later, The E~IR gives little or no attention to adverse impacts on the Santa Mergerits River clownstream. Deficiencies include, but are not limited to, discussions of sedimentallen, erosion, altered flows from impervious surfaces, and non-point source poliution. There is Illtie or no discussion of the regional Significance of the watershoot ancl of the stuporlance to wildlife of retaining natural flows. Grounc~water managemere issues are mmilarly neglected. The aIR is grossly inadequate for decision-makers who need clear and accurate information about the impacts of development ul;on natural resources. To defer analysis tO a later date, as in the mentioning possible participation in a reglcnal watershed plan, is illegal under CEQA. Given the deficiencies in the EIR. It Is not surprising that General Plan policies for watershed management ere also cursory and inadequate. Besides a vague statement on water "quality ancl quantity", these issues ere almost entirely neglected. What is required are specific policies and goals which will lead to implementation of modern. responsible flood control. Specific poticies and goals which need inclusion in the General Plan include. but are not limited to: 1) maimchance of natural stream flows end velocities, including a comprehensive system of detention or retention basins for all past, Current and future development. measures to control impervious suffice run-off, end prohibition of channetization: 2) control of point and non-point source pollution; Pa~c 81 K-3 ' K-4 K-5 K-6 3) erosion control: 4) groundwater recharge; 5) retemion and restoration of ripirish haititat and adequate ripedan buffer Zones. The General Plan should also integrate these policies into a 8yetera of greenways and trails along the creeks which run through town. These greenways constitute a great yet unrealizecl asset for the community. The treatment of wildlife corridor i~suss is better, and serious iraDams are identified in the EIR. Unfortunately, the draft General Plan agmn does not give sufficiently specific policies for meaningful avoidance or mitigation. We urge you to prepare an improved EIR and draft Dtan and remJbmit it for review and comment. We reclueat written notification for all documents and hearings pertaining to these matters at the address below. Thank you for your consideration. Sincerely, Dan Silver, MD President Mailing address: 14~. N, Swsetzer Ave., #401 LOs Angeles, CA 90089-1528 Enclosure: Excemts from City of CarlOad General Ran cc: City Council Pa~ 82 The contents of the Open Sl~ace anti Conservation Elements meet ~e requiremern= of State law anU prayices the CI~y of CarloDoer with a comprenens/ve {loc, ument clearing wlal Open ~paoe ancl conservation resource management, The s~uo~ure of the elements as Gonmlnea hersin Is es follows: Open $z~ace Element ire law anti Definition Goals Implemerrtlng F~ollr, lel end ~ Programs. For organizabonel olaffly. the goals, ~ and implementing pollales anO action programs nave Oeen rouPeU irno four gemCoffee or topics: Open Space planning an= proaction; obtaining Open Spaoat special r-doume promabort; and rails/linkage system. However, the goals apply equgly to ell four glle!~riea. Conservezion Elemefit G~a/a OUjec~e Implemen~ng Policies anti AiDeton Programs Fremewom for en Ooen SOeCe end OansevwHan Resoume Mrmar-,,r, 4 Plan Intant Deacrfptlon of ODen Space and Conservation Map anti Comprehensive Open Space Nemm~ Map impiemenmzlon OPI:N SPACF I:1 STate ~ enf Deffn~on Uncter State Law (Section 65580 re. sea.. Coilfoals Governrnen~ Cocfs), cities must adopt an Open Space plan for '..the ¢ompmt~enalve end Ion~ fanRe preaervation anti conservation of Open Space lanc~ wi~in Its JurlsOlcrlon.' Because of Cafist~cl's unique environment ancf Open Space opportunities, a special definition of oRen spice fee been adopteft which inolufies and expancfs upon ell ~ lypes of Open Space pr~vlclecl for in the atom/aW. Space" Is {~efinecf as any area of/anti or wear w11i¢11, for whatever reason, is nor cfevelopecl for uroan/zecf uses encf whl¢tl the/'efo/'e entrances resignante' quell~y of life, The Open Space may l~e In its nazural ace or rnocfl~ed in su¢~ e way that ~ mod/ficsg/on itself contribuNe to this ennancemem. /V-2 Open S~ace I ) Open ,.) 3) Open a) may fall Into five major camgone: Space for Ihe preaeNatton of narurel resources. incJudlng, but not limited to: Ames required for the pre~ervlU~n ~f fees, forean, piefir and anlmsl life, including htDfia~ f~r fish and wildlife aperiM. Atlas twclulrecl for eoolog/c and offi/r a~/ent/f/c ,ftudy purtoo~ea. Rivers, aOlarrk% bays, lagoons. and esiulrle8. . Coutal Z~eechea, leeshere, bank8 of r/vere.end .eearna and watereheg:f laRdS. HIllside, slope and canyons neceuary for ~e ;reaervation of nazural resources. SDaoe u,te~ for ~e managed pro~umlon of resource& lnoludlng, bur not limlteci Forest lands, rangeland, agricultural and t~tlJculturel lands, In~udlnW g~ho~. ~a~ment of ~mm~g ~) ~e containing mawr mlne~ O~en S~ae for ~mg~ ~ unnm~ o~oor ~on, including, ~ nor limbo ~: P~ an~ ~Uon aa, tnCl~ing ~e a~$ gMn~ an~ ~ Iake~ho~, /ci, lago~, ~n ~e ~1~ ~ u Iln~ ~n m~or lagon an~ Open $~ /Uon, I~t~lng ~1~ leasinai, ~ka of ~ tnO ~, lunic nlg~ ~ mil~O comaon. T~Ii ~r ~l~ng ~ S~m nlt8 ~ Ol~ng ~ a~lng. WIIS~m ale and n~ ~m~gmunda. ~ff ~es. d) e) f) g) n) N.-3 - Page 4) Open $;ece for eeatheu'c, cultural ancf eauaaUonal conslclerltlon;~, including, Duz not limiteft to: ANsi Of important 9:enlc, hlszoHc eaa Cultural value, in=lualng sli~nlflaant geological, paleontological, aml~aeologlr41 areas. Areis which proviCe a Duffer beNlien lanc~ usa, inclualng larger trim stlnfian~ setDmcka arcuriC bullcringe mncf along macfwaya. c) A~u w~ich 12mviae seMr~Uon from ~urfoundlng ~ommun/de~. a) Museums, arDoreta, zoologic ana botanical gafflens. Open Space for publlg fleatiff ancl Mfe~y, tnglualng, Dut not limiteel 1~: Ames whigiT rsqulre a spitlid management or re~ulmUOns De~ause of huamous or =peatal conardona. Exlrnplea: alfe~y zones in fie vicinity of. airports, ear#~quake feutt zones, sleep alope& unmenle soils m, walersne~s, ~oofiplaln& ama$ prone ~o l~fielldes. D] Areas presenb~g tllgtt fire Ames requlre~ for r~e promorton of waif qualiW aria welt reservoirs. of) Ames required for ate INOte~lon Ind enhancement of air Quails/. e) Bluffs sul~Ject to eve erosion. COALS, OBJECTIVES AND IMPI a=MFNT'IN(3 POt ~CIE~ AND ACTION PROGRAMS 1. OPEN SPACE PLANNINe AND PROTECTION GOALS A. 1 Coomince Open Space uses with otl~er lead uses for mutual ent;ancernent mncJ crewion of a '~u~" u~ ~mn~ wN~ i~uO~, D~ Is not Ilmt~ ~, fiMIopment ~ ~alon d ~o~ ~, cons~fion of n~l ~ m~- ~rsserve ead cream an Open Space ayetern of esstneUc value Vet will mainrain Community t~eatlty, meriteve a mease d natural spaciousness, eaa proviae visual NIlef In r~e Cllysaape. A. 3 Ptovicle a Oallnce of visual, passtve eacl active Open S;mce use wi~ln Man of ~e ~ur q~e of ~ Cl~. paso 85 A.4 Icfenthy Open apace ae an e~eenffel component or quNfiy-ofqlfe provlsigan necessery to prov/de ~e offlzen~ of Carl~t~acl wlt~ safe anti healtr~/ living eon~iffane. UUIIz~ Open Space to delineate nelght:omoocls, t:uflw major I~nd uae~ within ~e I>reeeNe an saleOusts amount and erie/of Open Slyace for ouKloor recreaZlon whtr, h shell include, but not be limited to, perle, beer. has, areas for organlzecl epore, nonne~tlng ~'~rldom wl~ nile, wmw ~on ereea (beeones, legoone, I~kea). unique conaeNUlon ~see for naNre afuoy, ann eemi-cJMIopefi arel8 for cmrnplng. B.I To preserve, protect end antinee ~oae ereea of the Cfiy that I~ovlde unique and specisi Open alice funcUone inctucltng, but not limiteft to, ~ulruml and vleug amenitles, ec~tW anti peulve r~rMl~onal uses, lentImams, X3uflen begwean inComplVDle lend uses, wildlife ~ anti unique anti cleaireDte vegetltion. B.2 To fievelop e COhMive policy ancl plan e~tlng fortl~ Open Space gosia anO guiding ~ ~gc Ioq~gUon, pinion, ~n~u ~ ~nlnQing ~ B. 3 B.4 To encourage pulNIc ec~e~ to ell Open Slyace ereas except where sensitive resource may Ue ~reatene~ or clamagecl, or v/here rite puOlic fiefin ann safety may oe compromlsecl. B. 5 To mandate Open Space as · necessary provision of ~e Ioca/tacllffi'es managemere plans whlQh am requltec~ Oy me Gro,,vffi Management OtcIInence. B. 6 To provide for parks enct plee anti preeetve natural areas wi~n development. B.? To an=oum~e in~eaaecl setnaP, ks along anertal corrffiora anti ee~anllsh greenDelta or similar ames tO preserve anti/or crete Open $p~ce eras es · means of maintaining ~ommunity scale ancl /fiern~y, separet/ng ;On~lCt/ng/end uses, encl icllieving I sense of narursi openness el an integral ~ of umen ~urrounctings. B.8 To esrat:llsh aflndarcls of Open Space by ~/pe of Open $peu rather ~en fie genera/sa~egory of Open Space, Page 86 B.g TO pfovlcle for tRe disuft;ufian Of passive recreation areas ZNaughout tRe four quactmna Of tRe Cfiy and to ae/araze tram from acUve recreationel uses wren possible. IMPLEMENTIM3 POLICIES AND AClTON PROGRAMS Open Space shall De uaecl to mvlde nelglff~ori',oad, ;;mmun/Z,/, and CIty Identfiy and to provide aepamgone Dezween corn?lining lancl uses. C.2 An Open $pa~e Comrnlulon.el'mi~ De es~allel'm~. resl~nsiblliUee arell inelude: ,40voucy of Open Space: PresenmUona to ee Planning Commlsalon an~ C~ ~nall on Open ~n~ Nlopm~t en~ ~ of O;~ $~ ~lici~ u ~ R~ommen~ p~e ~ O~ $~ In~lnf Ic~l~on, use, ann Sing an= ~nlng gulilne ~r ~0 ;m~ ~ ~ Op~ $~, The Open Space O~llnen~e mall require monitoring of Open $pe,:e cfurlng tRe enure c~,elopreer~onaru~ procat ' C.4 The Cfiy aftIll Identify edstlng Open bee for potential enllanoement to increase im nablra~ visual, or l;~'~yeleal veluee. C.5 Cilywide maps and diagrams slll~ De prepared showing tRe following: (2) (3) NiturN ~ DeignaNd Open Space bi~ng and propaaea Open $/Mee Open Space linkages Aa epeclfic mapping inforrnagon beoomee MileDie regaling Open Space, preotse tn~ ~1 N de;l~ M I~d ~e ma~, ~nln~ ma~, ~: C~s Op~ $~ ~. C. 7 serf shaft Ix given the flexgblllty to adfi to ~ Open Space Inventon/ main eoae new ireIs wlllch may De r, mate~ ~ varloua circummances. C. 8 Tne GrowtR Management Ordinance snail De utlltze~ to Implement ~e goals o~ of ~ls ~emem ~ ~11~ ~O~s ~r Open ~e. Page 87 Land area fiat athervvlae qualifies for meaeurerner~ tuwerO ~e Growe Management sendar~ t~ut wt~lch le not available wiU~ut alma mone~y or other ~onslderation for uae t~y tie general puDIIo shell be considereft es meeting only a cartin peaenrage of fie perlorrrenoe lendoral, if"at percentage to be determined bit fie adoption of I new CIty lindBid. All other lend atee wl~iN1 quellflee for rfieelurement toward the perforrlwl;e atartdard will Z)e given 100% fedit towed those atandarda. C. 10 The Open Spice Olfllnence, NO. 9T95~ ltll~ be revise and a~nde~ m: (T) ~m p~i8~ idenU~ M~ d~ne I~l ~nel~ ~ unO~a~e; ~) Inclu~e '~0 (4) inUu~e 8;~ffic c~ons ~ ~Uona on ~inenU~ C. I ~ Pcwertine eaemerra grill net De =~unld mwenf meeting the Open Spioe 81hOard. Pr/vate gc/f courses may receive only pardel credit In meeting ~e performence ata~dttrcl$ encl only if algnifigem vleuel benefit ie determined. The extent of fTe credit sNdl ~e cletarmlned by a new Ilnderd. C. 12 C. 14 Schools, pulplie or private, still not be counted In meelfng the Open Space performance molarfla. All m~peble lend set eelde es Open Spice shill be ~ed Open C. 15 At fie time of any dtsP, mtJgney tpprovel, any line set allfie for Ira habitat or scenic value shell live In Ippropriata ealement Indlor aching placed on it for re,urea C. 7 e Where fteali;le, panoramic viewpoint. Mall be identified and preserved for puPfie use. C. 17 The Cizy s~a//acquire, protein or negodate fOr put~llc access to Ilnds ~at could be u~ed for proave recreational uses. C, 78 Open Spice Ireas designearl for re~eatlOnel uee should De accessible to ~e puOllc Md should be preylOad with Meentiel utilities, put~llC foGIIItfoS end 8efvica9. Any cfevelopment whic~ may be permitled in areea identified al Open Space shaft be con=latent w/ffi ~e Open Space and Conservation Readurea Management Plan. Page 88 2. OBTAINING OP~ ~PACE A. 1 Explore III means of providing for Open $plc~ needs. A2 lasure new development INovldea for the Open Space needs of ~hetr occupant=. B. OBJECllVE$ To u~/I/zl $pec/~o PIes, Master Plans and Pu~lc Paalll~y Plans to refine and amplerhea rfie Opan $pa~e and Canoeaction Rem3ume Management PIe1. B.2 To promote the development and preaerv~ton of Open ~ and eonserva#on ay~wra by ~veleping rnmhods of ~nenelng to scnujre, pr-,sorve, and mainruth U~am. 9.3 To fund t3y ~e~eml Ot~llgarlon boncls, If pealhie, a well-balanced accluisition program providing a vale/of Open $/)ace opponunltlea spread ~rougnout ~e communily. B.4 To uaura It~C to IP4 maximum degree l~aell~le, ~oae benefifflnl3 from ~he scauiaiffon or Irtlprovement of Open ige and ~ fl~llifiee litall prattrole funding In dite~ proportion 1~ fie benerie IN./derive, B. 5 To encourage a c~:mb/na~/cn of born p,,fvete end put~//c Open Space. Exactions from new developments Shell include, Cut not De limited re, teglalaUve proaction, Quimt~/ Acl dedication, parl<-mqlau fees, indusO'tal recreadon fees, setback Iwqutrarnerrtl, fie plOWsiOn Of essential improvemef~, and ~e sdop~fon of al~proptlam Local Facility Mana~ernent Plans, Mssfer Plans, and $l~clftc Plans. An annuel rayfew of fie meffiods end mgrarm for acquiring Open Space and ~ in fie City of Carlel3~l W'~ll be oonductefl end shoutd include, spe~ift~elly, ~ nor De Ilmlte~ to, fie Quln'~! Act amn~mTIs and fie perk4n-lieu fee& C. 3 /n/fiats, coo,'fllnare, anti supstyles specific Implementation programs for Ix~ffi short-range er~l long-range pierid, lncluc~lng mmong offer Items me Cap/ml Improvemenf Program, (3rowrn Mansgemem Plan, s flnanciel g31an, proposed c~ngea ~o fie OIls development regulagons, ann ~ne acctulsltlon of fee and less ~ fee tfgta to lanO. C. 4 The City sled cream a ruaf or offier mechanism to facillmm private donations for Open Space acquisffions, proteflon, Improvement, or rna/nmnance. h~c 89 C,S The CRy shall encourage private donations for Open $Dece acqutsiUon, protection, improvement or maintenance by ple¢in~ tile c~onora' name on permanent markers at ~e efte8 of ttletr gilts. C. 8 Where publi¢ func~ing Is necessary for Open Space purposes, Generai Obligation Benors shaft be coneiOered e flighty lieirate soutee of func~ing. The CIty s/noulc~ consider the exchanp cf ex=e~ vacant lands for more deslr~le Open $~ee m. The CIty sitell :onaic~er ela;ropriate user fees for non-real;lenla utilizing Cariebec~'e Open Space end men f~bllltieL · $PEC4AL RESOURCE PROTEC'11ON A eOAL$ A 1 Prohibit ~evetopment on environmentally eena'~e land and butler ereas. ,4.2 Protect encl preserve vlSuiiy alrecffim ancllor aii~nl~cant neurel ames. .4.3 Preserve Open S~ae areas/n ee naNre/· stale ea possible. A4 Preserve optimum auste/nable env/ronrnenm/quality levels vvlffi respect m air, water, sounc~ levels, ~ plant ~ animal life. A5 Preserve u Open Slice, agricultural land, hillSides. ridges, valleys, canyons, lifoone, Decries anc~ other untque teafume ~et proyfde vfeuel anO physical relief to b'le ClZyaCIDe. B. OBJECTIVES To iclentify sens/ffi/e and cons~reine~ lands anc~ prot~tbi~ ~elr Oeveloprnent anc~ Inclusion for coenaity ~lfilL To protest publlo fealth ancf safe/by pr'Jerv~nl3 natural anc~ men-maces erase as Open Space anti raking special precautionary measures puPlie safely wflere cfevel0pmem is possible anc~ permtrtec~. B.3 To preserve highly visible egricu~ural area rhet are particularly sulffiDle for flower ,prouuction, ano' to enooutage preservation of such areas wf~ere economi:alty vm0/e. 8.4 TO laMerye ~reaa of unique scenic, Iqlstorlcal ancf cut~drel value, 9.5 To ~evelo; euffuralleducadonai emenltles widen Open Space areas. IV-g Pa~e 90 C. C. 1 C. 3" C. 4 C.5 C. 70 C. 77 C. 72 IMPI. F, MENTINe POLICIES AND ACtiON PROGRAM~ Utilize sensitive delign ctltertl ~o preaerve ~e unique end special resource~ in the City an~ Io integrate them into the design Of My cfeveloprnenC Develop olTtlnln=e8 to define eenslltie and conerained land=, and prohlbtt rlevelopment and Uensily crenlt thereon, Development on hlllslde~ (if Illowed) MISlt rillre re the slope of the land in or~et to prasente Ire Integrily of the ~lllsldfl. Designate for preservation la Open $paae thoae areas that provide unique visual smenltlea end define the ur~n form. lheae m atoll In~lu~le agriculture, ttillsi~es, fid~es, elleye, alnyons, l~esafte~, legcons, lake and other unique reeources r~er prorifle viaual anti physlaN relief to the ¢~yacape Dy cresdng n~ural coniteMs ~o the l)uilt-up, manrnlde aQene. Consicier for Open Space, Rillsides, wdley~ and ridges cluHng the approval of Specific Plane, Me~er Plen$ and Plannecl Devetopmanra, and ai=o er the ~ime cf euDciivilicn. Designate as a Duffer · pemantege of/and nex~ ro aensib've environmenial ere~s. A minimum requirafl .pemenlge re be emilefled 13y s new ranclarcf. In dMio;rnent8 near or ecljaaenr ro n~clle8 of mr, provide Open Spice I~e ~ub~¢ mcae.sa to anti vtew~ of the water. Any gracitng, grdOOlng, or clearing of vegmatjon in unclevNoped leas Sl~ require ,, City permit, wiffi snpropriete pansllfs$ for violetJane. The City sna~ ensuN ~at the imlNowmenr~ recomrnenOecl for Open Space are eppmprtete for ~ type of Open Space end ~e u~e propo~e~. No imDrcvemenra snail be marie In environmentally sensltjve ereas, except te enl'~nce environmental value of the ires. Agrfcultural .uae snell be encouraged ea a permiaiDte lenct use in Sraas cislignate~ el Open $~l¢e in non-anvironmentelly sensffive ames. [~revent d~e premature ellminatJOn Of IIg~cu~uril land. Use of the W#'lllarnaon At1, land deflicarlon, scenic easement$, or Open Space easemen-, snail ~e puraueO te preaerve unique encf special resources in ttle Cfiy. U~lllze Mailer Plane end $~eclflc Plane to preserve es Open Space highly visible ares =u/tfvate~ for ~o~ ;m~on. IV-10 hgc 91 4. TRAIULINKAGE SYSTEM A1 A,2 Crtlte natural ancI rn~n,ma~e ilnk~ belween Open Space amu. B. OBJECi1VE$ To ad~ffe~ a CllywtOe en~ Intem~nnee~ng Irgl ~fem wt~en =onaidering an~ reviewing Ice41 faolllUea menelement piers, me/or development appllc',a~ona en~ Ippilcatlon= lfiv~Mng pofenUII Ilntmgt B.2 To eneum ~ar lfmre ia condnulay anti envfmnmenlal aenafilvity in t~e routing Md Oellgn of ~e rail ay'afem. 9.3 To ram nile near envfranmenrally lenaltlve ereea, wl~fi appropriate l:uffera or tencing. B,4 To prorifle rills lt~t larva u pefief~'ian ~nd bioyate 8wn~portafion be~veen r~Jt~en#al M~ commamill ms, ~ wwll M purely. fr, matlonal uaea. C.I The Clay lnall estaDIlal~ a CiZywlfie Infereonnecrlni nil ayeIra, IN'lman'ly pedesffian orlenmcf bur f~r tNgyclea ~ feul~e. The CIty ~he~ pLlicipale wlffi offer norffi county oommunitlea to eetabllsh an lnmmommuntty Open Spice ilnka~e program. C. 3 C.4 The lrll ~fem =hill be dealgnarl to =eNe boffi #'ee=feeilon lnd non,motorize~ fana~ortetlon putpeace. C.5 The raft mm ,heft proWam linkage from major reereaudnlOpen Space aree8 re o~er mrle8 of mc#vfiy, InclucJing but nor limited m realclen~lal nalgN~or~ooda, places Of emplDyrnenl. 8ahaofa, liDrarlea, and v/ewpaln~** Trails ~ha~ be aanalb'vm to ~urroundtng land usea and =hell normally be placecl u a atgnfficanUy differera elevation II~n I~]eCanl faaic~en~ea. N-11 Pa~: 92 Major poweHll~e easements may race#re only pardel =re,it an~f only when they ~re enh~mced or impmvecl encl provide key links tn ~e fall ~y=tem. The exmrR of arecffi shell De ~emrrnined Dy a new 8tln~m~l. IlL CONSERVATION ELEMENT In order tO enhanCe the relerionflip between reelclent8 an~l flair surroundlng~ anti Quirerime the viaDIIIly of the nature/anlf hurlin e~olyeterna, fie Conservation Elemem must acknowle~lae end p/an for the ~nyel~l re~oumee, me cultural P.,.eouroe& mn~l ~e n~urel proseames wiffiln or erounfi rm Juri~dlcffon. The following rmuroe pitsparSe8 must De {n~tuclefi: CoorOjna~e fie con~etwtton of natural anti man.rnacfe feaouroe.f with land use for mufjJiJ enhancement. A. 2 Conserve ol~mum env/mnmernel qu~/~ levels wire re~pe~ m e/r, water, eouncj level& an~ p/ant an: animal life. ,4.3 Prevent tncompat~Dle Developrrfent of ms ~at fnould De reserved or regulste~f for ~enic, hiaforfc, conservation Or puNIc I~eelm anti Ufe~y pumoses. A.4 Pre,~erve an ecfequate amount and vafieqf of unique conservation areas for nature stuay. Protect wildtits n~filt through me ~reservltlon an~ enl~ancemenr of feeding, ne.~Ung, and ~medlng areas, W-12 Pagc ~3 B.2 B.3 8.8 B.7 Conserve ud encourage the use ~f appropriate forms of vegetation and sensitive Fagin~ techniques neeaeU to: (~) prevent erosion. siite#on anti flooding° (~) prote~ air ~nd water resourcM, and (o) protaGt and enhance vi=u~ fesouraea. Conseve Carlst~acl'a hillsides anti Hclgea Is impotent visual and natural features. Iraaerate natursi wlterwayl and courses w~h other Open $pa=e systems of the Oily witit a view tower~l rrmxlrrdzlng the 130neffte of them to a~ olCzens. Ccomlnate the uses of water with av~llelJle resources. EsteDllah aollcl waste and sewage management progrsmL oeuEcnw To preserve natural resoun:e ~ prote~ln;i flat1, wilfillfe, and vegeZaZlon flatters; retaining the natural character of waterways, silofeline features, hillsides, anti acenaG areas and viewpoint=; safeguar~ing areas for scientiffO and educational rese~cfi: respecting ~e IlmtlatiOna for ~r and wamr resources re absor~ pollution; encouraging legislation tt~t will lestat Io91cllly in preserving theel ItlOUfCes. To tlevelop a Cohesive policy end plan aeKIng forf9 Conservation goals and gulcllng the systemago aQqulsi#on,. protection, malmenance and financing of censeraden resoumea ancl providing an oqlnizaltonel arumure ~o Iml;lement ~e utilize Specific Plafis, Master Plans end Public Facility Plans to refine and lmplemem the Open Space an~ Conservation Resource Management Plan. To promote ~e ~fevelopment anti preservation of conservation systems by developing methods of financing to acquire. preserve, anti rnetntaln conservation programs. To l~rotecf the unique verie/ of lanoforma dlalfnctlve of the Cfiy'a topography and ensure ~ rte development pmoea8 Consifters In~ ~fivee to preserve theae lanoforms tamer than crette an unnatural, uniform tudscape. To preserve the iclentlly of thoae ereel of fie Cl~y wlffi unique topographic features and esteOllah proper ~oll managemare tecnnlques to eliminate or minimize aUverae and unsafe soil conditions. To manage agricultural land ancl prime ao~ eam/~atural resource end aa a significant Centdating land use to tha uromfilzed environment of fie ClZy. IV-13 PaSe °4 B..IO 8,11 C. C,T C,2 C,3 C.4 C, 5 C,8 TO prevent ~ prernamre elimination of agricultural lancl an,el preeerve salcl lanrt= wherever feasl~/e, To conserve, anti protect ~e water reeources inclucllng, Out nor IlmfiecJ ~Oocll;lainS, Sl~orellne, lagoons, waterways, lakes, poncls, enc~ ~e ocean. To conserve, ~evelop anti utilize ~e poet ic and gray water recourses ava/la~/e to ~ne Cily of CarlsZ;ecl ann manage clevelolarnent so tltat It cloe8 net exceed lhe elaINe r-~ouraem. To manage b~ cll=~set or reqi=fing of ~llcl ~ anti sewage within fie CIty. and regulate development so ~ it ~oea r~t ex=eO evalll~le faolllUe& IMPLEMENTING POLICIES AND ACTION PRO{31MM$ Soft rel;ort~, plans for erosion anti aecllrnent oonrol measures and provisions for rnairrtenanae reaponslblllUea 8[mll t~e I requirement of any approval proce88, Orcllnan~e~ shell N fievelol3ed end implernenlecl limiting fie ~e~etly, lrrlnstly ancl chsra~1er of clayelephant of hlllltfie areas and riftgee and shall provlcte Iliaclara8 for laneltlve grecllng ~ o~eloprnent of hlllllfies Is ellowlfi. Natural wafer resources In ~ Clly of CertstaO alall 13e mainminK/ In Is natural a sere es poul~!e by:, (e) conaeMng ~r improving fie aDpeamnce anti ecctgW of ~=se which are In · raiserely urnoucl"mcl conclllfon; (b) rectortrig, in mccoroance with re=ogntze~f e~ologlcel principle an~f Insofer as ir Is posetitle, those water aream wfilcfi nave Dean Ilgtltfl~lrlOy I/tlrlo', to · condizjon w~ict? is moat Dene~cial to ~e punlie; anft (c) simulating a naturN contriton/n areas which are to De altere~ in ~e future for purposes of laf~y engineering, water Incluaffel were, agricultural tunoff, weir aoftener dlecheqes, clomesWc defergen~ anti ~f~er forrn~ ~f wmer pollution ahall ~ fxevented from en~er/ng Itte atorrn ctra~n eyeera an;I pofiu~fng ~e Clly'a water l~alee. Senattire Oes/gn crfierlm snarl be u~lllzecl ro protect ~e integrity of ~e water reaourcea in the Clly. Atteretjon of waterways anti water t~oclle8 !t/mr woulcl cause significant advene Impacts cn f~e erntlronmenf atmll De Urban Oevelopment at7811 eke place in Itlole areas fTm ere fie leaat agrfcufiurafiy pmd~. IV-14 Pa~ 95 C.9 C. IO O.I~ C. 12 C. 13 C. 14 C.~5 The Cl~y shall auppot~ end utilize all measures available, in~u~ing ~e WIIII~ ~ not on~ ~ p~ pm~m d~lopmn~, D~ al~ ~ pmm~ ~e Ko~omi~ ~a~ll~ of agficu~ml u~ l~roper deign criteria el'all be milizecl m maxlmlze fie l~reaervation of agrlcufiural lend$. Lancfownera end interested ciUzena shall be proviclecl wilt; Information aOout agricultural prNervel el estsDIlalted Dy fie WllllNnaon Act and aftall De encouraged ~o utilize it. The policies of fie California toetel Plan shall be recognized end implernented when reviewing potential development In fe ~oestel fee. The Cizy snell assist off organlzetiona in providing for ~alr spe~tffc =oncenation neeO=. Growut Management stendarna shaft be ao~pte~ to ensure fe ~lmety proviaion of solid waste management end aewege cllapomal Gapecity. FRAMI:WF)RK Fr)R AN aPtoN SPACF ANn CnNSFRVA TION RI:, F)URCI: MANA EMFNT INTENTOFPLAN This setdon, including texlual contern; graphic presenrerJons eno' luDsec/uem. mendame' Open Span zoning requiremares, constitutes a framework for an Open Span and Conservation Resource Management Plan. The intent of re Plan ia re accomplish fe goals, oDjecfivea and policies of re elements and to focus Cl~y eftoRs for fie preservation, aecluilt~on end rnalntenenn Of Open Sl~n end conaenfa#=n amaa. TIle Plan alkali be ~tturturecl to identify re raceurea ~aa end sateDlash atandarda for a~luiattlon end development. The intent la to manage property ~ha Clzy'a erNfronrnenral re~ourcea. encl Open $~:aca end to develop apeclflc crfie~a for re protecUon, maintenance end ennancement of valueDie nllIjt"&[, economic end ~.firuml resources. Once t~e Plan la formulataft end a~opted, It ~nall replace me frameworN aa pan of ~he Open Space end ConaervaUon Elements. IV-16 EXHIBIT B AN OROZN&NCZ Or THE CiTY CQUNC~ Of THE CXTY Gf SE~XONS 2:.S3.230 AND 2~.53.240 TO RESTM:CT ~VELOPMENT ON CZRTAZN OPEN 5PAC~ ~EAS ZDtN?ZfXE~ XN ~ P~ ~D ~ ~XCL~D~ ~NSZDC~ATXON O~ OPEN SPACE ~oe8 ordain a8 ~o~ovat . SE~N It T~IZ ~ZI 2~, C~ID~oF 2~.53 o~ ~e ~ar~lbed Hun~c~a~ Code LB fended by ~he add~en a( SettLe, 2~.23.23Q to 21.53,230 Residential Density CalcUlations. code, resLdencLl~ density IAaZ~ ~ ~e~Lned ~8ed an t~e ~m~er (b) The foZZovtn~ ~ands are considered to ~ undeve~op/DZe and sha~Z ~ excZude~ ~rom density (2) pe~/nent ~d[el of water (3) e~OOdvlyl (4) slopes vi~h In in~ina~i~n o~ greater than 4Or or ~re ( ) mtqniftcant ~Clandm 18 (6) sLgnLff~canc rtpartan or woodland habitats (7) land aub~e~t to major power tranem~saLon 19: easements (8) land upon ~hLoh other significant 2Oi environmental features as determined by the environmental review process for · project are located 21 (t) railroad track beds (c) NO residential development shall occur on any 22 property ILlted Ln SubBe,Lion (b). Sub~e~t to the provEsions Cha~ter 21.31 end 21.33, the City Counci~ may ~ermit 1.im~te~ 23 development of such proD. try if, ~hen constdertn~ the property If I whOZe the prohtbttton eqains~ development ~uld 24 constitute an unconstitutional deprivetEen of proper~y. The PZann~nq Cammillion oc C~ty Council, ~Lchevec the (~niZ 25 d~screC~Onlry ~dy eor a reltdent~a~ ~eve~opment my ~rmtt accessory JaciZities, incZudin~ but noC Elmiced to, :ecreaCiona~ ~aciZitie8, view ire,am and vehicular Nrkinq areas, Co N L=caCed in ~l~odpllin8 (Subject tO Chapter 21.3~) And on land subject to NJor ~ver trinemission easements. {d) ResidentLaX development en s1~pes with an inclination ~J 25 ~ 40 percent inclusive shale N designed 28 A. iZ, PaB~ ~/ !l 18 project. for projects within the oozetel zone, the ~radinp provisions of the CarS·bad ~ocaZ Coastal proqram lhall apply, (e) Projects which have'received all discretionary approvals under the provisions'of Tltle's 20 and 21 prior to thl e~ective dale o~ th~s ordinance may o=ta n I fina~ map without L w Complyinq with this section for a period of t o yeare ~rm tam date of the tentative map approveS. Any time durin~ which approve1 o~ the final map is prohllDited Dy Ordinance No. 9791 or any other orovth management ordinence, Ihell be edded to the tvo year period. Upon expiration o~ the tentative ma~, the standards o~ th~e ordinance shall apply to the property. (~) Projects vi~h all discretionary approvals under the provia~ons of Titla'l 20 and 21 and wttn i final mad approved pr~or to the e~fecttve date o~ this ordinance or soproved p~rsuant to Su=section (e), or for which a suPdivision rap is not *reQuired, may ODe/in ~ulldin~ Hrmits without {omplying with this section for a period of two years Jrom the effective date og this ordinance, Once building permits are o~ta~ned, construe=ion mul~ =e dlli~ently pursued to completion or the provisions oJ this section will apply. Upon expiration of the We yelr mriod or the ~utlding permits, the standards og this ordinance shall app to the property, SgC~zoN 2~ Thee T~t~s 21, Chapter 21,S3 of the Cardsbad read as eollov$~ 21.53,240 Non-residential develooment restrictions on Soace ant £nv~ronmencallv $en$~t:ve &lass. Non-rem~Gent~a~ ~$veiopment Snail De Designed to avoid ~evelopment on lands ~dent~feed in Section 21.S3,230. ~FFECTIVE ~ATEa T~LI ordinance shall tm$ effective thirty days after its adoption, and City Clerk shall certify to the adoption oe tfii$ ordinance and caule it to ~e published at least once in the CarlaDsd J~urnal ~tt~tn fieteen days after its adoption. XNTRODUC=D AND FIRST READ at a reCular meeuinG of the Carls~ad City Council held on the 2?th day of Nay 1986,.and thereafter Page CITY OF TEMECULA General Plan Program K. Preserve Our Plateau (9-17-92) K1 Response: Please ret~r to Responses 14 and 16 for a discussion of this issue. K2 Response: The Temecula General Plan and DEIR acknowledges the importance of the riparian habitat and other significant biological resources found on the Santa Margarita River, including the endangered least BelI's vireo and the willow flycatcher. The areas referenced in the comment are outside of the Study Area and would not be directly impacted by implementation of the General Plan. The Study Area contains some of the same resources but to a lesser extent than those found along the Santa Margarita River outside the Study Area. The Temecula General Plan and DEIR focused on the riparian resources within the Temecula Study Area and proposed that they be protected by the enforcement of riparian buffer zones (Figure 19 of the DEIR). The conservation of riparian communities within the Study Area will allow them continue to buffer impacts to downstream riparian communities along the Santa Margarita River. The DEIR concludes that the magnitude of growth within the Study Area, much.of it from projects under construction or with approved entitlemerits, would significantly impact biological resources within the Study Area. CEQA requires that the impacts of particular projects on biological resources be evaluated on a project-specific basis, including field surveys where appropriate. The potential impacts of projects in the Study Area on the downstream biological resources represents a cumulative impact of projects that individually fail to control sedimentation and pollution discharges. The DEIR identifies the Department of Fish and Game's jurisdiction over blueline streams and the Corps lurisdiction over waters of the U.S. under Section 404 of the Clean Water Act. The analysis below discusses requirements of the National Pollution Discharge Elimination Act (NPDES) designed to mitigate runoff impacts of individual projects. The NPDES permitting procedure is discussed in Response 16. K3 Response: See response K6. K4 Response: Comment noted. K5 Response: The DEIR concludes that the magnitude of development within the Study Area would have a significant impact on biological resources, including the interruption of wildlife The Planning Center EIR RESPONSE TO COMMENTS TE,~C-01XRESnCO~4. t0/1~/~2 Pall~ 99 CITY OF TEMECULA General Plan Program movement through the Study Area. The General Plan includes open space areas and a system of trails, some of which will accommodate wildlife movement. The accompanying figure combines the land use areas from the General Plan that will potentially function as wildlife movement corridors. The land uses include open space for resource conservation, private open space, extremely low density development areas, and trails designed for equestrian, hiking, and bicycling. This open space system will mitigate impacts to wildlife movement through the Study Area to some extent, although the impact on biological resources is still considered to be significant after mitigation. Additionally, please refer to Response K4 for further discussion of this issue. K6 Response: Goals, policies and implementation plans have been added to the Open Space and Conservation Element of the General Plan in response to the comments received. These additions are repeated below: Goal 2 Policy 2.7 Conservation and protection of surface water, groundwater and imported water resources. Ensure that approved projects have filed a Notice of Intent and Stormwater Pollution Prevention Plan in accordance with the Federal Clean Water Act, prior to issuance of building permits. The Planning Center EIR RESPONSE TO COMMENTS Tm-ox',v.~ncoM - laa.,m page_ 100 POTENTL~I, MOVEMENT CORRIDORS gOpen Space for Resource Conservation (.1 DU/;iC) Development for Slope and Resource Conserva[lon Private Open Space Muhi-Puz'pos= Trail (Bicycle. Equestrian, Hiking) General Plan Program CITY OF TEMECULA General Plan Program Policy 2.8 Goal 3 Policy 3.7 Ensure adequate inspection and enforcement of the requirements of General Construction Permits, particularly related to erosion control during grading and construction. Conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity. Maintain and enhance the resources of the Temecula Creek, Santa Margarita River, Pechanga Creek and other waterways to the ensure the long-term viability of the habitat, wildlife, and wildlife movement corridors. The Planrang Center EIR RESPONSE TO COMMENTS TE34411%RILSP2COM · lealain PaSe 10'2 LETTER L DanaJermond & Associates L-1 Sepmmber 25, 1902 C{~ Coundl City of Tinheads 43174 Bus,i~'~ Park ~ve Tm~ul~ CA 9~QO RECEIVED 8EP 26 CITY OF TEMECULA Dangr~ ,.ond & Associates was recently retained by URGE (Union few a Rive' Greenbelt EnvironmetaL ~ Our P!-f~u (POR, and Friends of the Santa Marganta River (Friends) to review the CiW's dr~ Oeneral Plan and F.~vironmemal Impact Report and tn propan comments on their ~ehalf. URGE is a citiz~s group formed for the purpose of pwt~ting the ecological integity S · of the area, vatn specad concern for Mumera (..'seek and the largr area ,,%"larVarim River system of which it h a Fart- POP i~ al~o conc~-n~d with ~ the ovtvaJ1 ecological into ' of the River and other significant habitaZ a~ss in the refion. The Friends was :~,,.sd in 1983 as an orpni~Hon dcdicazcd to preserving and protecting dac Sut- Mm'2~m River a~d its zcsouzc~ Th~ Grm~-al ~ is an impor~m docummt which will guicl~ ttz CAty's future, and crucial d-.-hkms with major rami~calions for wheffie~ or not we adequmdy ~ bioloBkal resources end pa:~ide fGrr~demf~joym~of.tl~mwillbebaedo~theRam T~m=poseofti~teu~ristopoimout what URGE, POP, aad the Fri~ad~ b~-ve am the smmgths and ~ of both r.~ dz~.ft General Plan and the D~R, and to offer constarve recomm¢mdatiotm fm rarefying deficim:iea. The fu'st l:~rtion of our conun~nU will addzess the drai General Ran, and th~ second p(n-tion the DEIR. GENERAL PLAN COM2VfFNTS In reviewing the Genentl Plan for tJ'RGE, R3P, and tho Friends, our overall conclusion is that ~e ~ to ~,z~-t s~nsidve r~sources is c~eafiy evident, but the m~.r~ to achjev~ the goai ar~ not alwaysa_~_uat~lyd~lin~t. This is perhaps not stu'~lising since' of ecosystems and then' biological resour,~ has becon~ ever mo~ difficult and ,comp~ and developrarer URGE POP, a~d th= Friends believe that the single most important policy is to be prmr-dvc. The protection of open spar,~ and aanLr'al resam'ces carmot be accompl.isl:~d reactively and piecemeal. Pather it should be a4~iuached as a fuz. a of infrastructure planning. Just as effective, _~3eq,_~,=m ciIcuiatioI1, water distribution, and sewex SyStClIIS must be laid outprim-to ,I;L-"'VClOpment,, SO a cohenra. adequate open space system shotrid be bid out in advance of developmere to ensure at scnsitWc ~ and habitats arc p~otcaed in an mrc2zaled, conne~ network. And just as the Cky r~cogr~,,~ the nccd for a Capital lm.rn~3venent Plan (CIP) m fund and implemont needed Mo~n O~co , 1721 2nO Street Su.re 203 , Socrarron~ · C~lf~nlo · 9~ 14 ,Tei: (916) ~7~ , ~x; f9 Ib) M7-~ 3~ N. ~ ~C S~ S~te 2~, ~t · Caff~ · ~, Tm: (714) 70~2~, F~: (7141 7~1 h~ 103 devulopment h~rastructure. so the City needs a CIP to fund and im merit the needed open needed open spare sysiem. and (2) developmemx of a d~.ar im~ln~mum~nn plan ~ ~ ~li~t of ~t sy~, mclu~g ~d ~ui~i~ ~m ~ n~ ~~ ~ ~ve ~$~ m~ e~ve ~ ~ nd avid mj~ ~t~ ~b~s s~h ~ w~d For convenience. we have generally followed the f,~Y;,at of quoting and di.~:ussmg relevant General Plan gcals and recow,-~,,tt;-~ volicy revisions ,nd new Volicies which we believe will beUer achieve the goal~ In some instances we have suggesu~l revisiou of the goal language itself, or have added new goals where needed to flesh out the General Plan's protection of local eco stem. In some instanc~ we discuss other upe~m of the ~ Plan than goals and po!!~,--, ~ nmv language is shown in bold italics. I.ANI) USE ELI~WF. NT GOAL 1: A COIVIPLETE AND INTEGRATi~} MIX OF RESID~TIAL. COMMERCIAL, INDUSTRIAL, RECREATIONAL, AND PUBLIC LAND USES. I ~nd use planing should be comprehenmvc and seek a well-balanced communiW as the goal suggcsts. Resource conservation should be an integral pan of that balance, and good planning should seek to be proactive in identifying ar~s to b~ consented in a cohm'~nt system: jut as it seeks to |ocatz and bn|nnce v'dx'ious types Of deveto~,.d tL~s; i.e. commercial, rmmid~nfiaL industrial etc. L-'{ .l~c_?_mmendativvs 1. Revise the goal 'smuxn~nrto r~,~ as follows: A complete and integrated mix Of reai&-,mi=|. comm6cial, industrial r~realional, conserva~on, and rublie land uses. [Also reflect this change in the discussion text which follows the goal smt=rn~t in the C-enenl Plan.| 2. Add a policy which states: Identify a coherent open s~ace system for the protection oJ' natural resources; use this system as a g,_,[_d.e in reviewing development proposals; and proactively seek ta ensure the permanent protection of the open system system, LAND USE ELE~IF2el' GOAL 4: A DEV'I~-OPMENT PAI'q.'EI, LN TItAT PRESERVES AI'¢D ENHANCI~kq THE. ENVIRONMF, NTAL RESOURCES OF THE STUDY AREA. This is clearly an appropriate goal far the General Plan; the discussion that follows in the General Plan does not, however, clearly articulate that preserva:kon and enhancement of these resources rnumt occur in the context of a well planned, coherent open spa~ system. -2- Page 104 I. St~ng~hen ~he ctm'e~t discussion i~ the General Phn b~ rev~ ,~,~g the last sentence to Althou~ the majority of tl~area is anticipated u3 ultimately be ufoanized, it ia impbrutal that tl~ City se~ to rerai, a weil-iganned, coherent and connected system of open apace that is of value for its biological recr~line=l. visual or aesthetic characrtt~tics, and wh/dl functions as part of a larger self-sustaining ecosystem. 2. Revise Policy 4.3 m state: Cooperate with other agen~ies~ and conduct dty-initiated planning area studies as needed, to develop Multi-spies Habitat Conservation Plans m w?~_rsra 'Riverside and northern San Diego Counties, in wkich tile Clty will participate by conserving tkose lands within its jurisdiction nacestary to implement an overall Multi-slides Habitat Conservation Plan.. 3. Revise Policy 4.5 ~o n:ad: Work with the Riveni~ County Flood Control and Water Conservation D~s~ct and other resVonsible agencies on the design of th~ flood control project for Murriexa Creekto d~dop a system which protects the public against flooding while maintaining the biological resource values of the Murrieta Creek dparian areas as well as down stream haMtat along the Santa Margarita lOver. OPEN SPACE/CONSERVATION FI.gM~.NT, INTRODUCTION The lntroduclion to the Open Space/Ccmsenatlion Ek'ment states a numbe~ of purposes fur Elcm~xt, including the conservation of natural resource aroae We nL2'~in feel it would be ~axe to mor~ clearly specify. the need for a plx~-'fively planned, coherent, and connected system space to prot~'~ wildlife habilat and moVemen~ ccn~dors as part of a.larger, self-sustaining ecosystem. [Rt~omme~d~ wordin~ is confined in the ~menclations sec~ons below.) The Inlzociuction useful ly des:ribes a number ctt' relatz~d planning efforts which should be consicltred in Temecu|a's r~source conserva6.on planning efforlx One study which was nut mentioned, and which could be quite usef-ul, is the U.S. gnvironmenta~ Pn3tection Agency's Advanced Identi~ation Study of the Sann Margarita watershed. (A brief deacriVdon is ~ovided in the Recommen,~tma section.) Reeomrnenda~on.~ 1. On page 5-1 of the Open Space/C~onservation Element, rewrite the fourth purpose "bullet" To maintain and eVhan~ the City's valuable ,an,r'-~ resource areas n~.esaary for the establishment of a proactively ~ianned, coherent, and connected system 'of open space to protect wiidllfe habitat and movement corridors as part of a larger, self-sustaining 6coxystem. 2. On page 5-5 add a new number "7' (and renumber the ~xisring numbu' "7" to be number "8" as follows: 7. EPA Advanced Identification Study of the Santa Margarita River Watershed -3- Page 10~ As part of an eJfort to protect and manage wetlands, the U.S. Environmental Protection Agency (EPA) Region 1X has initiated the Advanctd Identification (ADID) process in the Santa Margarita River watershed. This process fobten cooperation among EPA, the Army Corps of Engineers (COE), and otlur federal, state, and iocal agencies to eohet information, identify and evaluate locations, natural functions, and potential values of waters of the United States, including their wetlands and as.,,.,.:,.pro/e , w,ll w,.,.rs o/ In River watershed, emphasizing their the U.S. e wetlands and associated ritmrian areas. The rdativa functional importance of these areas will be evaluated, and those most threatened by human activities in the enterskarl will be idenfi. t~d. Results will assist re 'on IX in developing and implementing useful indicators of walands eon~o~as, and aid planning and l~rmitting nctiviaes within tills watershed. These results also should help to minimize the loss of important wetlands and point to opportunities to enhance valuable wetlands functians. The ADID study will also provide valuable background and analytical information for use in the proposed Santa MarCariSe River Watershed management Study described below. L-1 OPEN SPACE/CONSERVATION ELEMENT, SlY of OPF2~ SPACESCONSERVATION ISSUES Wh~]e the Consm~tion of Resources portion of the Summary references anck ~mm mar~z~s the m~e detailed information about biological resources found in the EIR, the Cit~'s overallecological conten is not tiescribed, and we b~iseve thaL largely as aresuit of this denciency, the ~*ment does not ~ a suf'~c~eatiy ptoacth, e ap:~',ae~ to habitat c~aaerva~on and fails to aes:r~he what a eoheteat and connected system of ~ spat= should genenll~ consist of. What would he most helpful in the General Plan is li charac'~zalion of the main eccfiogical features of the area. This articulation of the C, ity's ecological con~xt could then guide the C3ty's resource conservation plarm~ng and suggest more carefully delB,~w~l go~ts and policies in the Genital Plan. Rec~mmm~d-~n. On page 5-14, add ~h,- following text as additional paragraVhs commencing alter the 4th sentence of the lstparagraph: To fully understand and appreciate the significance of the natanti resource areas in the Study Area it Is necessary to understand the ecological context within which Temecula and the larger study area are located. Ternscala sits astride the confluence of Mumeta and Temecula Creeks, downstream of which is tits Santa. Margarita .River. This riparian system is. of tremendous importance to a much' larger area, not only because of its'intrinsic habitat values, indudtng habitat for the endangered least Bei!'s vireo and many candidate and sensitive species such as the willow flycatcher and the southwestern pond turtle, but also because of its function as a wildli e movement corridor connecting such major ,ore. o.di ,.-,as as th.,,ores,, San,a ,,asa ,',nt..,,, Pendleton Marine Base, and the Palemar Mountains. With the loss of tkit wildlife corridor along the Santa MarCarise River, Temecula Creek, and Pechanga Creek, the bioregional areas would be fragmenttel and their habitat values adversely imlmcted. -4- Page 106 The J~ze of the Santa MarXafire Ri~er, in turn,. is lir~td. to fatart land use and management practices in its waterstied. General Plan policies can hope a significant inspect on the river system in terms of how they control erosion and sedimentorion, increased flows from impervious surfaces, and non-point source pollution. Both general development and flood control policies will therefort he of great importance for the long term viability of the Santa Margarim River as habitat and bioregionally critical wildlife movement corridor. Thus, proaaive planning, including effective watershed management policies, will be needed to protect the Santa Margarita River system and to provide a coherent open space system for the protection of other sensitive species and biodivertity in general. Other sensitive and significant habitats, such as' coastal sage scrub, vernal pools, and grasslands, are also found in the study aroa. In general, the resources identified below art either threatened, deteriorated or damaged due to the effects of urbanization and an expanding population bast OPEN SPACE/CONSERVATION RT.t~MRNT GOAL 2: CONSERVATION AND PROTECTION OF SURFACE WATER, GROUNDWATER AND IMPORTED WATER RESOURCES. Thks is an i rap,,, tone goal the impiemenmlion of which would benefit fx~nn certain additional policy s~n'ments which we have rw. orn~nended below. Additionally, the second arerace in the di.,eauim following the goal mmmm in the Omffal Phn i~ aynta~cally meca-m~ a revision is tm:ommeadett below. 1. Revise the second gnt~nct of the "Digunion" foBowing Goal 2 in the Ca~meral Plan aa follows: The protection of ~ays within the community, l~rtieularly th~ T~m~cula. Peehaaga and Mum eta Creeks. and the Santa M/~garim River. nm only lx~vid~n for recr~tlion and ~"enic enjoyment. but also coraerves sensitive plant and animal s~cies. 2, P, tviae Policy 2.1 to add tl~ followmg to the exisnng language: The design of flood control improvements should include the earliest possible consultation with the California Department of Fish & Game, the U.S. Fish and Wildlife Service, and the U.S. Environmental Protection Agency to maximize the intzgnuion of resource conservation with flood control objectives. Consideration shall be given to aiternntlve drainage systems, including detention basins, which help achieve conservation objectives. 3. RevLs~ PoLicy 2..~ ro acid tl~ following ~o ~ existing language: At a minimum, the .following requirements shall apply to new development: (1) The density and design of new development shall be plannsd to be consistent with the changteristics and constraints of the site, including slope, strsams~ and drainage courses. Page 107 L-1 Prior w issuance of a building permit, development permit or land a~v~s~on, an erosion control phm indicating proposed methods for control of runoff, erosion, and sod~mt~ movement shall he tubmated and approyed. The trotion control plan may be incorporated into otlter required plans. provided it is identified as xueh. (3). Runoff from activities subject to a building permit, devdopment permit, or land division, Shall be properly controlled to prev#nt erox~on. Land cleaang shall be heIR to a minimum. 'Vegetation removal shall be limited to that amount nsctssory for building, access, and construction as shown on the approved erosion control plan. (5) Any grading, grabbing, or clearing of vegetation in undevtlopad areas shall require a City permit, with appropriate penalfits for violnHons. In addition to adding n¥~ language to the General Plan, the City should, if it does not cun-en~y have one, develop an adopt an Erosion Con=el Ordinanc~ W elaboraz and implement this policy. . 4. Add a new Policy 2.7 (and renumber the existing 2.7 accordingly) as follows: Review all dsvd~pment projects for p.otantlui impacts to r~parian areas and wellands with respect to how the prp~ect might affect groundwater recharge and discharge, flood flow alteraaon, sediment stabaizntion, toxicam re~ention and degradation, nutrient removal and transformnt~on, and habitat for terrestrial wildlife and aquatic species. The value of tht benefits that the dtvolopment activity might produce should bt wdghed relative to the loss in services provided by the wetands. Projects shall be designed and contlltioned ta a~oid a~verse impacts to the maximum extent feasible and to mitigate impacts where they are unavoidable. 5. Acicl a new Policy 2.8 (and renumber the existing 2.7 .P~__~ingly) as follows: Ensure that project runoff and flood control project design do not increase natural stream flows and velocities or affect water qualit), in a manner which would attversdy affect riparian and other natural resource values downstream. OPEN SPACE/CONSERVATION F,I,F_bfF_2fr GOAL 2: CONSERVATION OF IMPORTANT BIOLOGICAl, HABITATS AND PROTECTION OF PLANT AND ANIMAL SPECIES OF CONCERN. Di:iCussion This is certainly an imlx=tant goal, and addr~ses the r~ui~me~u of the gov~anf~ent code sections which delineate the con~nT of the open space and conservation element. While the EIR n~ the importance of protectrig wildlj. fe corridon, the C,-eneral Plan goal doean't refiner the importance of this; it would be an a~op~;at~ addition m the goal s~toment. Also because loas of biodivemty ev~nv,,l ly )..~ae to species bern5 listed as thtmttmed or endangered. it would be ~ to include protection of biot~versipy in the gnal. language to this d'fect is jarjaded m the Recommendations Section below. Further, because this goal is the primary goal in the General Plan th~ addresses habitat protection, it is espeaaily imlxmant to have adequa~ policies to ensure that a -6- Page 108 L-1 proactively phnned. cohenmS. aad connecmd ope~ space system is established. To this end, We recommend adding severe/policy starcareers to aaxplifT mm complain tim exis~,~ ,rnmmemL Prepare a Comprehensive Open SiNge Plan for the Study A~aa to identify significant habitats, buff an, and wiidltfe movement corridors which comprise coherent and connected o n singe system in the contest of the larger bioregional ecosystem. ~txat~ contagning threatened or endangered species, or likely to be listed' species s~ouid be Riven special emph'nris. These would include coastal sage scrub, gra~slamts, vernal pools, and riparian hab~ta~ The Plan should be developed in conttdtat~on with tkt California Department of Fish and Game, the U.S. Fish and Wildlift Sereice, and the Riverside County Habt~zt Conservation Agency, and should ~ncltute an implementation section wltich sets forth specific strategies and actions to protect those lands ident~lied in the Plan for inclusion in the open space syctem. Prottcaon strategies may include zoning, land dedication, density transfer, mitigation banidng, acqui~tion, land excltange, and coaperatlan with 'other government agencies and non-profit conservation organitntlans. Add a n~w Policy 32 {and mnuml~r e, xisting polioim ggordingly) as follows: Protect existing natgrid waterways in thtlr natural gate, and, where feasible, restore channels which have already been modified. Add a new Policy 3.3 (urea remanber exirdxt~ p~lici~ atx. orclingly) u follows: Designate all perennial and intermittent waterways as Stream Conservation Areas (SC~) within which new uses, excetg those specifically intended to improve fish and wildll[e kaleant and entrance. gRamside vegetation, aesthetic, ~cenic, ens~ronmsntul, and passive recreational benefits, are prohibited unless because of special circumstances applicable to a subject property, including' parcel size, shape, topography, and the location of streams, the strict application of this policy is found to deprive the subject property of privileges enjoyed by other propeRitS in the vicinity. An SCA titall consist of the water course and a strip o land eartending laterally outward' 100 feet as measured along the surface oTtht ground from tilt shareline or top of bank. 5. Add a nmv Policy 3A (and r~qumh.m' exim~ug policiea accordingly) am foilmrs: Protect wiidUfe movement corridors, including Pechanga Creek and others as may be identified in the Comprehensive Open Space Plan, by requiring ndequate setbacks as delineated in consultation with the California Department of Fish and Game and Me U.S. Fish and Wlidllfe Service, dedication of land, or the acquisition of sensitive lands as necessary. Require a finding with adequate documentaHon that wildlife movement corridors will not be disrupted or negatively impacted before approving development projects in or adjacent to wildlife movement CorridorL -7~ Page 109 OPEN SPACE/CONSERVATION ELEMENT, IMPLRMENTATION PROGRAMS Delineation of implmentation ]~o~rams ~s ~ ~r~ compo,~:~t of th~ ~ Plan as ~ programs id=ntffV how the Oty intends to accomplish the goals and implement the golic~ea let forth m the General Pl~n. If the goads and policies are the 'what", the id,plemengrm ptogx'ams ate the t~,'how".fc~ including sl~fic impl~m~m~4cm pmgr~.ms in ~ We wtmltl like rn r~eomm~nd sev~fi addititmal ]~rograms to assist with the implem~tation of tl~ General Ptan'-~ cnnsl~vafion and olgn spat, goals. P, lr.O!l~l!l~'lrinrinll$ On page 5-33 of the Gea~-ral l~an, add a new implememazion program ns follows: Esl~bliSh an Open Space CommB~on to oversee the devdopmenl of a C#mprehensive Open Space Plan and the eon~nued devciopment and rcm~on of Open Spae~ and Conservation polidev; to monitor implenuntation of O!nm Space policies; to set and review guidelines for spedJTe project review of open space: and to recommend priorities for open space acquisition, use, restoration, and maintenance programs, on at least an annual basis. 2. On page 5-3,* of the Gm~ral Plan, add a new irrgl~m~ta~on program u follows: Develop ordinances to define and protea environmentally senslave and constrained lands, lzwluding an Erosion Control Ordinance, a Riparian Corrldr and Wetland~ Protection Ordinance.. and a Watershsd Management Ordinance. 3. O~ page 5-34 of th~ C_.-e~=rat plan; add a new imlftemml~xion program u follows: Develop a public participation process to tad in designing developing, and managing a Murri~ta Creek Greenway to include habitat protection and recreational trails, and connections with green ways along other area creeks and streamS. 4. On page 5-34 of the Gravel Plea, add a n~.v itnplememaxion pr~gram as follows: Explore the potential to establish a mitigation bank with the California Department of Fish and Game, tke U.S. Fish and Wildhfe Service, and other appropriate agencies. Development within the city which impacts senxitivs open space resources could then, if onetee preservation through dedication tn perpetuity is not the biologicaliy superior approach, acqttira land within the mitigaaon bank area or purchase credits from the mitigation bank to mitigate the impacts of the development. 5. Revise existing implcm antaticm pr~gr-xm #6 by atlcnng a third sentence as follows: Explore potential funding sources for the acquisition of open space, including general obligation bonds, assessment districts, state and federal grants, and impact fees. -8- Page 110 RevUe esssling Unplementazian program iS as follows: Participate m multi-spedes habitat conservation and wttterxhed rnanagementplantang efforts. L-2 L-3 L-4 L-5 DRAFT ENVIRONMENTAL IMPACT REPORT COMMENTS Genera|ly, the chcription of biological resources and their signif'nnanc~ is quire good in the D]~R. An important exception. however, is r~ description of the rs~sal se~-~ There should be Fnuz= speciflgity as Io the study a/'ea's reh~nship to the biaregion with .special emphasis an Temecula'and environs' p~;~,niZy tO a Imy Wi/mi t~ mOvemelg corridor which links the Clevaland N. tin.~i Fomsk with thePa[omar Mcmntains am:! otber&reas ea~of fh_P'~. A "bio~ooad" map -~hnwinG these arms and the connection among them would be especially usef'uJ. Unfammate]y, also, Figure,L5, the Sensitive Habitats map, is mi~ng .from the document, WhiletheD/EtRdiscusssth~sigaia~zofthsaxridorfo~mounminttonsandth~pozntiaJfor aaverse impacts to this specie.% it fails m no~ the mo~ genm-al imgaa~,cs of the con-idor for a great many plant and animal spcci~ Trig corridar should m~a~ accurazty be chs:nhed as a link betwarn ecru smms and thereby of gearai ecnlogica] value and s~gnl_ficance rad~r than or' value only m a sin~Y; sped.=. A useful discussion of the CozmW of'Riverside Multip] · Species Habitat Cons~rva~on Plan occurs on page 135, and c. onchdgs with th~ z~gontmendations that: · ~nelxn~ialbound=~shonldbenot~ciontheGeneralPlan mapsand specificzequit~erns should be developed ' ' S deudled biological surveys fi~r e~ areas w~th~. thuc pmlxacd should fo, .z the ca'e of the Ix~ential habitat r~crves within the Ci. t7 and a rev~-,w of other areu, such as Pr..hnga Creek, z~uinng pny,~__'on should be developed.' These recommenctation~ however, were not in~ mw th= ~ Plan. and should I~. The most significant ~c,~cy, and one which URGE, POP, and the Frionds must conclude w, nd~'s ra~ ETR levy ipatL..~,uat~ without ll~sion and rec~rculaz~ iS th~ lack Of al~tysis Of pol~riaJ impacts of thw C_~eaer~l ~ on the Santa M~m River downsn-gazn of the cop. fiumcc of Mun'i~ta and Tan~cula Creeh. Th~ DEtR fails to tarovid= adequaz descri1~jn~ of th~ Santa Margarim River which is a regionally significant re_e. ource cnnt~i,lng.the San Diego Slale University Ecolagical P. cserve, as well as Bureau of t a,,d ~t (BLM) and Namm Canservancy lands. The BLM, ia its South Coast pl.,,,,ing Arm Draft Resource Management Plan and E.nvirnnmemal Impact Statement. lx~poses desigmEing 1J60 acres aloag the Sane Ma~azita River as an Area of Critical Environmen tal Cancern and a Reseamh Natural Ast. a and al so identified a portion o f the river as eligible tar Wild and scsmc River designa.t~on. The BLM's Ban also id=ntilies Santa ~aila River ~ conlaining outslandhlg l'egreacnlattve gxaznples Of the rax~ npanan plant conlraunitiU Southern W'dlow Scrub and South Coag Live Oak Riparian; aJso found is the rare Diegin Sage Scrnb commtmity. The endangered least Bell's vireo nests along the dve~ and the candidate species southwcmern pond ttn~ and willow flycan:her also have habitat a~ong th~ river. Many other ser~dvc ~p.~?___,'s ar~ ~ found along the river. The level of devetoprnmt ~nnwed trader the ~ Plan could hay= significant impacts on the Margarita River as a result of changea jn the hydrologicai regnne resulting from mcr~__w,a flows ~ad conveyed downstream by way of Temeash and. Mttrrieta Creeks, sc. an'ing and erosion from increased vr4ocities, scdimentation, and increased nurinnt loading and toxicants from runoff. The _g- Page L-5 L-6 DEIR made no aUemV~ to aszas the po~nfial of ~be,-_~_- impacts and the rgsul~ng effec~ on the resource vahe~ of the Santa Marg~a River. environm~,i~lly sup~rier airsrelive. The DEIR, then, ~ ~y w ~ ~ ~ ~ Alive in ~r of ~e ~'~ P~. '~ ~mm~s a f~m ~ ~ly ~ ~A G~ ~m 15126, ~ (d) (4), ~ hi ~ D~'s ~g l~y w. ~ SEMMARY L-7 URGE, POP, and the Riends would ~ to see a much more in deplh considsmuion of the Conservation Almmative outlined in fine DF"JR. As A..__~.ibed, it is an inmwative conc:~pt which meets the objecUves of the Geneni Plan and yet tonsures critical environmental resources. That is a powerful comrnmdn-on of that Alternative, znd it should C,C~r~iniy be explored further. We reoormnend that a map and Unt be prepared w as part of a revis~l and recircula~DEIR to .~s~,the Consen, a~on Almrnslive in greater dl~nh as s r~alisdc and supa'i~ all~nalive to the current dra~ General ~ Furl~r, the revised DI~R should in¢iud~ a xn~e compl~ description of tlz.rqional emnronm~ml se~g for the pxoject and a specffic descriptkm of the Saam Margazia River and an asexsment of peumx/al l~ojea imp~s ~m it a.s well as proposed mixigav.= muaures. As me City d~ve. Jops, considers, adopts, and implements its General Plan, URGE, POP, and the Frienas would like to play a consn'uctive. pmnmhip role wifi~ ~ City, lnsrdcularly in the caizical tasks of developing a CorntP-,hensiveSpace Plan which pro~'ts a coherent, connec'~i open trails along the sn'eams, creeks, and riw=s in the study area. BiZl FIavez~ Associate - 10- Pagc 112 CITY OF TEMECULA General Plan Program L. Dangermond & Associates (9-25-92) L1 Response: These comments are related directly to the General Plan. The purpose of the Response to Comments is to respond to only those comments made regarding the DEIR and its analysis. However, in some instances language recommended in this comment has been incorporated into the General Plan and therefore, is used in responses to other comments. L2 Response: Comment noted. The bioregional setting indeed includes the Santa Aria Mountains (including the Santa Rosa Plateau and Camp Pendleton), the Santa Margarita River, and the Palomar Mountains. Regrettable, this was not stated more explicitly. Many of the 123 species of sensitive plant and animal species were identified as occurring in the mountains surrounding the Temecula Study Area, and the discussion of the mountain lion movement corridor identifies the Pechanga Creek as a habitat linkage that is critical for the survival of the Santa Aria Mountains population of lions. The DEIR also recommends conservation of a system of riparian corridors (Figure 19 on page 141 of the DEIR) that would provide habitat linkages within the Study Area, as well as conserving the linkages between habitats located outside of the Study Area. L3 Response: Comment noted. It is expected that conservation of the Pechanga Creek riparian community and its maintenance as a movement corridor for mountain lions would accommodate movement of other plants and animals. L4 Response: Comment noted. L5 Response: The General Plan Area includes approximately 1 mile of the Santa Margarita River downstream of the confiuence of Murrieta and Temecula Creeks. all of which is designated open space in the General Plan. The hillsides above the river are designated for the lowest density residential uses in the General Plan Area (Hillside: a maximum of 0.1 dwelling units per acre). The Open Space along the segment of the Santa Margarita River within the Study Area provides protection against direct impacts to the riparian habitats along the river and the residential densities for the hillside areas above the river ensure a low-intensity land use will not significantly impact resources along the river. Response 14 in this Response to Comments document provides basic information on the Project Area in relation to the Santa Margarita River Basin. The greatest potential for The Planning Center EIR RESPONSE TO COMMENTS rm-ot,x~sncoM · ~a.m Pagt: 113 CITY OF TEMECULA General Plan Program impacting the Santa Margafita River comes from the sediments and pollution that could be delivered into the River from Murrieta and Temecula Creeks. Response 16 discusses the National Pollution Discharge Elimination System (NPDES) and its process. This newly instituted permit requirement is designed to protect resources such as the Santa Margarita River from such non point-source pollution, and mitigates this potential impact to a level of insignificance. L6 Response: The following text has been added to page 309, following paragraph 7: "As required by the California Environmental Quality Act, preparation of the EIR involved development of an alternative that is intended to reduce the significant environmental impacts of the project while still achieving the objectives of the project. Alternative Three, as described in the EIR, is the result of that effort. It was developed to mitigate the significant impacts of the project, but without being constrained by existing land development entitlemerits and proposed projects in the Sphere of Influence and Area of Interest currently under review by the County of Riverside. While the EIR notes that this alternative would produce many environmental benefits, Alternative Three's full implementation is not possible due to these existing entitlements. This dilemma is best explained by reference to Figure 2-5, Specific Plan Areas, on page 2-36 of the General Plan document. This,figure shows that the majority of the area suggested for conservation in Alternative Three, the areas north of the City limits, is already covered by entitled specific plans or proposed developments under current review by Riverside County. Alternative Three represents a significant change in planning direction from Riverside County's current and past policies. While it may be theoretically possible to reverse these entitlements, this scenario would be prohibitively expensive. Development of greenbelts and conservation areas are most feasible where the targeted area has yet to be impacted by development pressures. In these circumstances, nearby cities and the county can establish agreements to limit development through land use regulation. In this instance, land use controls would not be sufficient to accomplish this goal. The presence of the land use entitlements makes this approach economically infeasible. Overall, this Alternative does preserve biological and open space resources, however, ignores the need for a balanced community with village centers, civic and cultural centers and strong identity. It is also not consistent with existing land use patterns for the County areas and does not enhance the local economy or the City's economic viability. The loss of future potential developments in the area would limit the City's ability to provide The Planning Center EIR RESPONSE TO COMMENTS r~-o,~t~snco,~ · .~:,m Pag~ 114 CITY OF TEMECULA General Plan Program services and infrastructure to an area already under strain. Also, without the limited development proposed in the Preferred Alternative, the City would contribute only housing to an already housing rich sub-region and conflict with Southern California Association of Government goals for the area. In conclusion, for the reasons outlined above, Alternative Three is not economically feasible or desirable for the Temecula General Plan and is therefore rejected." While Alternative Three has been rejected as infeasible, there are important concepts within this alternative that are feasible. The General Plan has been revised to incorporate these concepts and provisions. Specifically, goals, policies and implementation plans have been added to the Open Space and Conservation Element of the General Plan. These additions are repeated below. Goal 2 Conservation and protection of surface water, groundwater and imported water resources. Policy 2.7 Ensure that approved projects have filed a Notice of Intent and Stormwater Pollution Prevention Plan in accordance with the Federal Clean Water Act, prior to issuance of building permits. Policy 2.8 Ensure adequate inspection and enforcement of the requirements of General Construction Permits, particularly related to erosion control during grading and construction. Goal 3 Conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity. Policy 3.7 Maintain and enhance the resources of the Temecula Creek, Santa Margarita River, Pechanga Creek and other waterways to the ensure the long-term viability of the habitat, wildlife, and wildlife movement corridors. L7 Response: Please refer to Response L6 for an expanded discussion of the Conservation Alternative. As outlined in that Response, Alternative Three does not meet several of the General Plan objectives and therefore not feasible. For a discussion of issues regarding regional setting please refer to Response L2. Finally, please refer to Response 14 for a discussion of the Santa Margarita River. The Planrung Center EIR RESPONSE TO COMMENTS TEM.OI~RES~COM · to/i.m Page 115 LETTER M M-1 FRIENDS OF THE ALAJvIOS DL~IlCT September30, 199"2 RECEIVED Tomecub City Council City of Temecula ~,3174 Business Park Drive Temecula, CA 92590 SEP 30 CITY OF TEMECULA Subject: Temecuh Draf~ General Plan and EIR Dear Members of the Council, The Friends of the Alamos District iS a group of citizens from the Temecula and Mun'i~ta axeas who Wish to stabilins and enhnnce the nn-al community within the former historic Alamos School Distri~ as an enduring open space r~sour~ for Temecula and Murriem. The' District t~l~s m the northern part of the Study Area of the Project extending from Lake Skinner on the east to the Antelope Hills on the west and from Scott Road on the north to Mumeta Hot Springs Road to the South (see attachment). With the Santa Rosa Plateau, the foothill, of Mr. Palemar, the Tucalota Hills, and the Ternecula wine country, the District helps to form a rim of open space around the Temecula Valley and imlmrts to the new cities of Temecula and Murrieta much of their special chantmr. The Draft General Plan and EIR make a~good beg~-ni-g in their assessment of the District. We find especially interesting and valuable the Community Design Element and believe that it will corm-ibute greatly to maltinS Temecula a distinctive City. We would LLk~ to take this opportunity to maim recommendn~ons that we believe will ephnnce the r~sources of the District for the benefit of both rural and urban residents and businesses. Our recommcudations will follow the order established m the General Plan and the ~ Underlining indicates our recommended text additions. GENERAL PLAN We not~ that the "Vision of Temecula" in the overview afFn'ms securing open spa-s. the conservation of neighborhoods, multi-modal transportation, and the preservation and enhancement Of historic and cultural resources; The pln. does not s/:~ecLf'xcally develop goal~oolicies to achieve these concepts in our neighborhood. We hc~ our r:commendations will rn,la, the concepts a reality for our neighborhood and i:s resources. Without specific policies in the General Plan, the Ci~ and the community will be forc~ to confront nsource and community issues piecemeal for every cievel.oTnent proponl submitted for the District. Pag~ 116 I. I.~nd Use Element (1) I]. Summary of Land Use Issues. Our area is discussed in Section D, but the existing rural residential and agricultural La~d uses ar~ ignortxi. We recommend the r~vision of hut D to re, M: M-1 D. A[smos Dis~ct With the Santa Rosa ~ the ~ of Mr. p~lomar. the Tuealo~ andt. h~ ~e~~~Dsl form a~m ~ ~ de~ities~~$~~~ ~ ~Ci~ ~m ~e n~i~hbo~ ~ ~ ~ ~ A~cullnml ~ $ ~ $~ ~mm,,i~ ~~~ offer ~ ~omie ~ ~ ~ ~ ~ offer o~mni~es ~ ~ ~ ~ ~ Devel~mem ~ ~ ~ ~tl have a · mt ~ ~ ~e Sumnndln~ mmm,niW / ~ ~ ~ ~ ~ ~ ~ ~e Ci~ ~ ~ms of ~ no~, ~gesfi~. ~ ~e de~d f~ eomm~i~ ~fies, ~ ~ for mpl~m~t ~d ~mm~ ~vi~es ~ o~er imp. ~ere a a n~ ~ ~ ~ ~ devel~ent ~ ~ ~ ~ ~ role Dismet ~ ~ Ci~ ~ ~$~~~~ ~ de~l~m~t ~ ~ ~ ~ ~mm,ni~. ~nni~ m ~ ~ City, (2) Goal 1. We mornmend the addition of the gg'~,CulB~enl after "recreatiOnal." (3) Goal 1. We recommend the addition of the following policy to those under Goal I.' Policy 1.11 .~ the development of aErieultunl i on 1~ unns~ant-smte~mllnmu~andm~$mof a, gneultumi ~ and the dev:lopmem of l~ related hlaliinr.~ ~ the Ci~,. (43 Goal 2. We recommend the addition of the following wording to the discus.s.ion: The historical resources in the eommuni.ty including Old Town. the historic s~ctures and m features in the Alamos Di~, and the Butmncield Stage Swp Page 117 2 Goal 2. We would like to see the following policies add~l to those under Goal 2: p_0~2-5 historic areas. Policy 2.6 LnrJluzi~ the ree~ational use of rural and $ aze, ai ~ the Pl'qieet Study ~ ~ estmhlish~ bi~ele. ~ ~ $ ~ ~ ~ ~ ~ hi~ne ~ ~ sites ~ eommuni~ ~n~. ~ ~ ~ ~ rescues. (6) Goal 7. We.r~.ommend the following: Goal 7 A Runl Dis~et ~ for the Historic Alamos Distri~ that protects the .~ rural $ eommnrdty. IXIIlII.0J~ nlmieulturnl ~ conserves kismfic. cultural. ~ scenic. and wamr ~mumes. a~ess~s 1~ recreational needs. and ~ for ~ ~ ~nexa~ and a-velo~m~-m. Discussion The ~ ~ nral community and atrieulmra! land use in th~Ci.ty'snorthe.~Ymb:~oflallumX~ism~n~b. Xm~alinmeana. ?h~ City has the oplxn'tunity to ~uenee land use, pbsm,lng of development, project design, and infrastructure improvements in the area and ~ ~ th~ ~ eon~muni~y. avoid conflict between nnl and ~ uses bl eooI}ernH-ff wi~ other jurisdietlnnn. g and community inmre~t m in $ the Alam~ Re-'hi Dis~et Plan. e~ir~7,3~st~HshpZm~laal~to~thetrans~rof development I:~ LI]2]L~ from ~ the idenfi~ea~$ ~ ~ ~ ~ devel~m~t $ ~ policy 7. t. ~ a wamr ~ and I:~ ~ystem that benefits ,~neult-,,~t lxnd use in *,.he ~ ~ e~ wi~ ~e a~ate ~ ~ communi~ mtenst ~ Page-ll8 3 ~ 7.6 Sup_~ort an il~ ~smfi~ pre~rvation ~ for the t that~til~lli/,l,rdallhistoricstrucmr~sandlaltilalltelemqllli,~roads, ~stonc ~ wi~in ~ ~ ~ ~ hi~ofi~ ~ ~ ~ ~ ~ Alamos ~ ~m ~ Menif~ ~ ~ ~ ~ ~ ~ fom~ ~ $eh~l ~ ~ c~¢r ~ Benran ~ Pou~y ~ See A~m~ts. Polic'v 7.8 ~ ~ community iragroat ~ ~ land ttlalk the California Delmrtment of Fish and .CllilR llltll other aglneies in the el~i~n.tion ~ Policy 7.9 Encourate the ,management of agricultural lands for the c~nservafion of ~wildli,~ Jlat~smts. The new policies will necesmtate the renumbenng of the existing policies under We also recommend that ref~,rances to the Alamos District be added to the existing policies a~ follows: Plan. Policy 7.1 a~ Policy 7.10. After "General Plan" add Alamm gunl Dismet Policy 7.2 as Policy 7.11. Afar "using" add Alallos Policy 7.3 as Policy 7.12. In 3 after 'City" add axld the Alarnos (7) Goal ~. We recommend rewriting Policy 2.1 by adding the Alamos I2ittl:L¢l, after "the City of Mum eta." (8) IV. Land Use Plan. In the ~rz~ paragraph, we would like to see the addition of the A~rnos ~ Dis~ct ~ after "I ~nd Use Element" in t2':,~ third sentence. 4 Page 119 (9) Draft Preferred Land Us~ Plan Map. The preferred map sllows for lup~rog development and urban intrusions in the Alamos District. We r~cemrr~nd that general low density ar~as of .2 to .4 dwelling units t~r acres and ar~as of . 1 dwelling uniu per acr~ along cr~ks bed be established in the ares north of Bor~l and Hunter Roads along with a density. transfer program. (10) Figur~ 2. Village Center Overlay. In order to avoid ~rowth inducing impacts on the existing rural r~sidentia] neighborhood, biological, a~ricultural, and water r~soum~s, and nearby his~'ic sites including historic Los A!mmos P.o~, we would li~ to s~ the Village Center Overlay r~movexi from the west side of Highway 79 northerly between Briggs and Thompson Roads. Ii. Circulation Element The Circulation Element ignons exlsthag circulation pattams in the Ar~a of Interest. FoLlowing the County Plan, roadways ~ in the Area of Imarest give priority to commuter and commercial vehicles and sz~ at odds with the Gene, ml Plan Concept of presen,ing neighborhoods. The planned roads will ereate conflicts between commuter and comm=mial vehicles and local motorists at driveways and lan~s who have no other access and between commuter ~.tt commercial vahicl~s and IPtj~strisns, bieyclists, equestrians, and school child.ran along the roads.. The 6xtension of Clinton Keith Road and Hunter Rc~d, the Auld Rd.-Brilgs Rd link and the d~velc~ncnt of Monife~ Road will actually fomc community r~sidents ~'om their homes since roads ar~ planned through th~n- property.. Th~ changes will also destroy the Los/td~mos Historic Roadway. (1) Summary_ of C~rcni~on issues. We recommend the. addition of the following opDosite an additional bullet on lr~e 3-7. ' The development of roads within Iti ~ of ~ and the Area of Interest nave the ~ m cream eonflic~ with the ~ ~ ~ ~ficultu~. child~ ~t ~ ~ ¢omm~al ~ . ~ ~ ~ ~ ~ Ci~ p~ ~ m ~ ~ ~m ~ Am ~ Inm~ from ~ ~ ~d ~ des~v hi~one ~ ~ ~, (2) Goal 3. We re. commend the {oilowing r~writing. A mgi2aaL multimodal ~'~nsponauon system that ~ travel by, ~ ir.~a2any, ~ and lPmSic~ fczr commumry h~slth. ~ and webare inside and ~ ~h¢ ~ ~ Discussion C.u~nt traffic levels within and outside the City are ~ ~ ~ air ~ communi~' ~ and F. allJlnla~ resoun:es. Future a..~prov~l and ~ develol;nnent threamns to desr~hliliT~. the ~ nu'al community ~thin lh~ ~ of ~fiuen~. th~ Area of ~ and surroundthe ~ Pa~ 120 M-1 Policy_ 3.1 ~ the developmere of a Z~ multi-mod,t l~,SlTortntion System that ,stables ~ nil te-l,'commutinS. van. shu~le. bus. and Class commuting ~ and ~ J~ ~ vehicles/~ Poli~' 3.8 ~ l I~ .m~_'ect ~ for L~ rail. telecmnmufing. van. shunle. buS. and Clan I bicvele ~ P..ai~ ]h:n~oroff-ronc[~ommu~b~eyeleroutnsii~i~H, igtLT. a~.7.~. Mume~ and ~ ~ Road-former I~ 395-Mission ~ Tem~a Policy_ 3. I l .p~ in the cna~ of a ~ area-~de bicycle cornmining ~ in coniu, edon wi~ ~ iuri~ia'l:ions al~ Ioesl budnesses. - PoLicy 3.12 P~vide for an off-road mnlti-nur~ose lnil ~ from Temecuh to L~ recreational areas ~ the Clevehm~ ~ Forest. Mr. P~omnr. Lak~ Skinner ]~ ParL the ~ Domeni~oni area. the ~ Rosa P.r. Qlg. g~a2 Preserve. ~ ~ ~ County, az~[ the Alamos ~ (3) Goal 4. We reevmmend the addition of the following Policy. Po~ev~.12 R~uinu/o~v~loVrn~ntminrum~aX~m dive~ cortstruction, commercial. and ~ ~ ~ from the ~ rm'al ~ ~ 2thllXeyJlZ nouible. (4) CLrculaLion Plan Figu~ 3-1. We recommend the followms alterations: (A) Place file aeeess-mslricted urnran arterial Iransit corridor in the Area of In:crest (ClinRm Keith Rd.) north of historic Los Alamos Road and th~ existing rural residential area along Los Alamos, (B) Eliminate the 4-lane roacl jo~nlng T, :-iggs and Auld Roads within the Area of Interest. 6 Page 121 (C) Preserve and enidnee the Los Ahmos Historic Rosiw~ (t~ing in Los AJmTIos,Thompson. znd Pourmy Roads from Menifee Ros~i to the sit~ of the former Alamos School ~ th~ in~crsection of Bent~n and Pou,~y Road) and its contributing historic znd rut.a1 ~.atures. (See Att~hmentsL (D) Designate Highway 79 northerly as a scenic highway and develop appiopriate design guidelines to retain the viewshed and contribut4~g features. (E) Designate the rural and historic roads within the Alamos District as scenic to preserve and .6ni~nc~ tlzir curr~t rural and recreational uses and th~ contributing rural and histoxic fes~ur~s. (5) Implementation Programs. A. Roadway Functional Design Guid~lj. nes. We recommend ~he following: I0, ..Rural and Historic ~ s~nic Rlliat This deai~ntion should be ltgi for ex. LSlillg road ~lilhin rural areas or thai have hintorie~lly been asiated with rural areas. Scenic rosds are ia~nded to allow, they_ are to rmain ~ r, xilling route. =cometries. shanl2~ aria assz:ia~ ruralandhistoricfeamreswkiehm~.l=eanbeakm~toformr. a~hmad'ssmi~u~ Recreational mu}ti-puroose trails should be established when ~ossible within the { fights-of-wRy, _* The ciesi~ation cff a netw~k of Scenic Ro~s should be encouraged with~ ~AhmosDis~_ III. Open Space/Conservalion Element' This element presents many valuable goals and policies. We believe. however. that it needs to acknowledge the Alamos District. its existing rural community and agricultural land use. and its resources. We recommend the following revisions: (1) [ntrociuction. Tb2d paragraph, fourth sentence: 7 Pa~e 122 The City has a much greater ,,F,~onunity to shape the open space of the ~ District in the 5VJ~,n: of h~uen~ and Area of Intem~ lh~ I~ieio"~on in the development oroieets as lh~ are aDIIr,,T,~ tO the ~ The challenge fsclng Temecula is to create a multipurpose open sVace system that does not solely consist of unusable spaces leftover from development, but ~ and resm~s nvrieulmtnl ~ oreserves ~ ~ maxi~es water m~urees. and sf. mm recr,-~,~ona k historic. and ~ ~sou~es. Next to the first bullet add anti al, ri~n~lmr~) after "for conserving natural." Next to the last bullet add ~storic al~r "promote the" and of the Alamm Dis~ct after "of the City." (2) Summary of Open Space/Conservation IsSues. A. Pwvision of Parks and Recreation Facilities. Figure 5-i. The proposed parks m the Sphere of Influence 9nd the Area of Interest appear not to be re|m~i to any significant existing community area or resources. We recommend the following: (A) The creation of a park and eommm~ity/interpretive ce~mr at the histerie Garrmger Place on Brlggs Road, south of Los Alamos Road. (B) The creation of a park and community center at the site of the former AJamos School below Scboolhousc Hill at the intersections of Benton and Pourroy Road accompanied by the relocation of the school house to the site from its awmnt location in the l -~ Skinner Regional Park. '(C) The creation of a park and eommtm~ty/interprr,.ive center at the site of the former Adobe Springs Rest Stop. (D) The creation of a park and interpretive center a~ the aite of the former Native ,a~nctican settlement of Toanvi near the Warm Springs Tributary and the mtersecuon of Benton and Highway 79 northerly. (E) The creation of a park preserve along the Warm Springs Creek. (3) B. Establishment of Riding, Hiking. and Bicycle Tr~i1,. Figures 5-2 and 5-3. In adcStion. to the ~,io~osed trails we wotdd recommend the addition ors Class 1 bicycle path and a multi-purVosc trail within the fight-of-way of Los Ahmos-Thompson Road ~om Menflee Road to the Benton and POth~vy intersection and multi-purpose off- road Trails zlong Benton Road. Auld Road. Pourroy Road, and Leon RoacL. (4) C. Conservation of Resourues. On page 5-14 in the Fu'st paragraph of the discussion after the ~ sentence we recommend the addition of the following reference to file .Alamo$ Di~. 8 Page 123 M-1 8. We recommend the addition of the following afmr "aesthetic characr:r of the area": One wiVerv is found in the Area of Interest. The following would also best be added: wine ~ offer a ~ ~ ~ ~c.lm~{ ~nno~don. ~p~ovement ~ loc~ ~ ~ life. ~ ~ m ~ devel~ment ~ ~ ~ 9. Our understanding ~ndicates that some of the information in this paragraph is incorrect. We recommend the following cl~mge.: After "23 recorded archaeological sites"; 47 p,~rdes ~ on the ~ S~te Historic P, esources ~~ a~ the ~ ~ d~e ~ ~ Palks ~ ~ ~ ~ ~ ~ J ~ ~e~e~on ~ ~un~_ ~ ~ ~ ~ ~ct~n~ ~e Bu~eld Over~d S~e Rout, ~e ~ Hism~c ~ ~ ~ a ~ I =ndm~rk ~ sims ~ j invenm~ ~ ~ ~ ~ ~ ~ life ~ t ~m~uni~ ~ o~n overl~k~ ~ ~ hi~ ~ ~ a ~ ~ 1981 ~ ~ ~ J mS ~ ~ ~mmer~I ~mm~ sims. ~d ~h~lo~c~ eviden~ which my be ~m~n~ ~ demolition 9 I~ag~ 124 M-1 (5) Goal i. We r~,ommend the ~dition of historic ~ ~ ~ ~ af2r 'significant" in Policy. 1.6. (6) GoaJ 2. We recommend the addition of th~ following policy. Policy ~ Promote ~e i of t:r&3Lc, l~ water and water agricnltu~ areas within the ~ Area. (7) Goal 3, We recommend the following: Policy3~9 ~ low land use d~ll~ ~ of ,2 to .4 .~ uni~s ncr acr~mgnnnnd. and.l w~LW_fAlhgunimlnfa:acreinareasSkmgcr~:kbedsnonhoftlnml Policy 3.10 a~,llr,,0.tlla~ I13t m"nsVernent of a,rrieuhural lands for ~ conservation. (8) Goal 5. We recommend the following: Add alrricultunl uses ~ "soonic enjoyment." _Within the Discussion after the second sentence add: a and former conservation ~ Policy 5.14 Activiely ~ in the prepsration ltf an ~amos Rural Dismet p.~an~mtQltrjlgsggar~stoea_openllllignsvatemthroughouttheCi.~anduse the ~ 112 rcviow devel(lpmcnt ~ and set mili~rions to ensure the m Of the Distnct's ooen t ~ Policy 5, 15 ~ l sites. Ns~ve American rites. g scenic road mand t ,n~serves as ~n m linkagu~t~n th Alamm Di~;rict. (9) O!~n Space Conservation Plan. Figure 5-10. We n:commend a dramadc mc.,m. as~ in "open space for resourr~ com.~xwalion" within the Ahmos District by desrEin,ring hnked historic sims, Native American sites, wetlnnds, strumbeds. ~,~_nic road corridors. and wildlLfe preserves as open sVace. These include: 10 Page 125 (A) The northern tributary of Warm Sl~'in~ on the east side of Highway 79 northerly should be extended to jo/n the more southerly tributary on the wesx of Highway 79. (B) Sites to be designated include the Czarringer Phce along Briggs Roaxi, the Pourroy Places along Pourroy Road. the Cummins' Places along Pourroy and Benton Roads, the Thompson Farrnsite along Thompson Road (See State Historic Resources Inventory). the Adobe Springs Rest Stop, and the site of the former Alamos School (C) W~tlands would include the numerous werhnds in the Alamos District to be mapped during ~c rainy season. (D) Wildlife prcs~'ves would include a large Warm Springs Preserve along the mmn channel of Warm Springs Creek. (E) Native American sites would include the sstrlement site of Toatwi. (FO Scenic road coredors would include historic Los Alamos Road from Menifee to the intersection of Benton and Pourroy, Pourroy and Bemon Roads. (G) The plan should also include significant areas of extremely low density within the District along the creeks and their tributaries, (10] Goal 6. We recommcnd the following revisions. Discuslion Cultural and historical resources axe defined as buildings, strucmi'es, ~ f~tums. roa~. trails. o~jects, and sites, Tem~eula's ~ lies in the unioue g.O. Illp. lexof~f~amresinrheAlamosDistrict and other mral p. a~ Of the Ci_ty as much as from ill ~muric stnac~s. There il a need to preserve these fcam~s with an ~ historic preservation avn~oach that ~ the significance of the/utures and seeks Itl establilh ~ between them via other historic ladsca~e feaures lU,c,h as roads. trails. ridges. and ~sonal wat,'nv~vs. The intent iS to.. . Policy, 6.10 Conaeta~of~tesas~etums. roaa. trmis. a sims. ~em~nt sites. camn~ms. and ~ f~tures $ t~e pro_~ect Area. 11 Pa~ 126 Policy 6.12 ) the desi~,n~tion and a-nuisition oflarkl and eomm,,nity 36131 Bri=~s Road. the Ad0he f,~n:ilgi Rest~$.gllk the ,ile nfTmtwi aklng~he ll:ihnla~ ~ ~ ) ~ ~ ~e ~ ) School ~ ~ ) intuition ~ Benton ~ ~ ~ policy 6.13 ~ the preservation and ltUae of the features. roads~dmarkb-ees. fields. nndtmi~assoc~wi~andlin]dZlgthemajnZ sites of the A~mos District ~ zbove. policy 6.14 Develop 21iitf, lhl~ for ~tttre development withill the Alamos ~ that incorporate the hi~ofie relntionahi~)s between strucm~. li)2dL and Policy 6. 15 'Eslab~h a ) Commission ~ tZX a historic preservation ~ [ I ) Goal 7. We reoommend the foRowing revisions: Goal 7 Estshlishment and ~evitalinHDn of ~f, rie-ultural cme~ons on lw..ailX lmvortam. slam imprunt glljaB~ and ~ aSrieultl,ral ~ Discuss/on A ~g~rous ~rie, ltural gl:llgl:am in the Alamos D~et and the wine country can lXILvi~iobs to~nts-en~o~murism. con~bu~to nheal~l qu~li~, of life far City_ ~ and help maintain and ilnSCti.~an econSZil~base for businesses Within the Ci.ty. Growth pressures are.. . ~ 7.1 Actively ~ in the r,r~Dm-ation of 1111 ~amos Rural DisPel .P_Lia as ~ of a Dism~ T~k Force and use this plan in ~viewing devel~nt ~ ~ ~ ~d~Hons ~ o~er m ~n~e ~cutmml ~ ~ Policy 7.2 EsmbHshggalallowlandusedensitv areas of .2 to .4 gLw. llaagunits l~ae~.andareasfor.ldwetlmumtsseracxeinareasalmgemkb~northof aoreiandH~.~rRoadsmtheAhmm~ Policy 7..'t ) $ ~ to ~ the transfer of development fi~ts FrDRs) from locally $ slam $ gaiO. u~ and ,rime f_amigad witMn the P~eet arta. innlmiing rig identification nf man~ area to receive TDRt within the City. and the ~ of develooment fi~bts (PDRsL ~ the identification of ~ P. gl:gbgR a~as. as initiations for the loss of ~ impfront. state ~ u~oue. and _ta'imc ~ ~thin the Pmieet area. policy 7,4 ~ a wa~r h_q~ and reevel~ svsmm that bestirs agnr, ulmmmtheD~tlmtlotb~ mmiarusineoqjuaetionwRhtheappropriate and cornre,oily interest gC~lRk 12 Pag~ 127 Poli~y ~ ,FaI~L~,I:i2 fJ31 develox~ment of ~gHcultur~l ~:~ on ~ ~ o~ agricultur~ ~ and th~ development of llgti~llE.1111~ ~ ~withinth~City,. (12) Goal 9. We recommend the following revisions: Goal 9 Protection of night skies from intrusive light sources which may impact the Palomar Observalory, Wildlife. and crea~ i within rural arus of the ~ M-2 Discussion. We recommend adding wildlife and for toni n~den5 after "Observatory. ' Policy 9J ~unh ni~htli~i~mmmi a~as~nugb~~m cooperation wi~ comm,,niW ~ IV. Growth Management/Public Facilities Element (1) II. Growth Management S~. 6. Congrve Resources, P. 6-8. We recommend the addition of the following" Within the first sentence of the discussion after 'comprehenelve open space system," addAlamosnuralDistrictPJan. Goal 2. We recommend the addition of the following: Discussion After the second sentence add: It shouid ~so ~ the existin_~ communities and ~urces of Temeeula. the Sx~here of In~uenc~ and the Area of Policy 2.9 Coordina,~ the Growth Mana~,ement ~ with the Old Town Plan and the Alamos Rural DillBeg Plan. ENVIRONMENTAL IMPACT REPORT Like the General Plan, the Draft EIR ignores important harts of the exis~ng community., circulation system, and resources of the Alamos DistriM. We are esVecially concerned that the BIR indicates a number of areas where mitigations established as policies or goals within the General Plan for air quality, circulation, biological resounes, agriculture and noise do not reduce impacts~o levels of insignificance. The omission of a discussion of local history and local historical sims is also a significant omission. The California Environmental Quality Act (CEQA) indicates that an EIR must discuss and provide' mitigations for historic sims of Page 128 M-2 communhy importance or for sites th~ are important wltMn the major periods of Calif~vrnia history. Such sites. as noted above and in the Attachments, do inde.,,~J e~i~ within Old Town and the historic Alamos District. M-3 We would like the Goals and Policies we proposexl above in the General Plan section to be evaluated as mitigations for impacls within the ElK We believe that they may help reduce the ls"~sd impact~oted above m insignificance. We also would lflte to see a full discussion of area history and historic sites as is required by the California Environmental QualiW Act. Mitigations for impacts on these sites also neeti to be set in the ErR. The City would best contact Diana Seider, the Riverside County Historian at the Riverside County Parks and Open Space District office for assistance with historic sites and mitigations. /£ We provide Lu the attached Detailed Review of the Draft EIR our specific comment~ and mitigations for each area of impact. They repeat our recommendations the General Plan. M-4 Finally, we would lik~ to urge that the City elaborate the discussion of Alternaive 3 in the ~rR. In view of the significant and seriou~ impants of the preferred General Plan identified 'in the EIR. this altemalive might best be chosen as Temecula's General Plan. We understand ~at CEQA mandates a thorough di~ussien in the EIR in~icatin~ why the environmentally l:n-eferred airre'native is not being adoty,~l as the project, We believe such a discussion should be undertaken ~or Alternative 3. Moreover, we suggest that the goals and policies we ident. i.fied be included as mitigations, goah, and policies with Alternative 3. MAPS AND FIOURES M-5 A fundamental omission in the Draft General Phn and the EIR can be found on most of the maps within the documents. Inst~ut of depicting existing roads in the Area of Interest, the maps depict planned road ia~fc..:iuced in the Riverside County General Plan and in this plan. These include the exten,,4on of Clinton Keith Road, a new connecting route for Bfiggs and Auld Roads along Liberty Lane, the western extermon of Hunter Road, and the development of Menifee Road. As noted in our discussion of the Circulation Element, these projects threaten to desu'oy the rural neighborhood along these roads and will certainly destroy the Los Alamc~s Historic Roadway recognized by the Riverside County Historic Commission and the Murrieta City Council. These maps are misleading and promote an inevimbility about the creation of these roads in the minds of those who use the Draft General Plan and evaluate the EIR. Ideally these wads should be deleted in General Plan and EIR maps of existing conditions and the ensting routes be added. These include in the General Plan I:igures 1-2, 5-5, 5-6, 5-8, 5-9, 7-i, 7-2, 7-3.74, and 7-5 and in the ~IR Figures 6, 7, 12, 13, la, 27, 29, 30, 41, 44, 46, 51, 52.54, 55, and 56. The routes probably would aim best be omitt~j on the mars where the' planned circula~on system/s not the issu~ including in 14 Pa~: 129 M-5 M-6 the General Plan Flares 2-I, 2-4, 2-5, 2-6, 5-1 . 5-2, 5-3, 5-10, 64, 6-2, 6-3, 6~, and 8-~ and in the ;-IR Figu~s 25, 27, and 45. We want to note that we are turning in this letter today because copies of the Drz~ EIR were not available from the Temecula Public Letter or from the City. We were lucky to be able to borrow the document over the weekend. Mr. Meyer of the Planning Depsrtment kindly granted us an extension m complete our review. We very much hope that we will be able ~o work with the City on developing an Ahmos Rural District Plan. Thank you very much for your consideration of our comments. Sincerely, Rita Gentry 37100 Los Alamos Road Mumeta, CA 92563 (714) 677-6552 Cecelia Webster 30255 Los Ahmos Road Mttrrieta, CA 92563 (714) 926-4337 Attachments: Map of the Alamos District Riverside County Historical Commission Transmittal to the Riverside County Board of Su~rvisors on ti~ Los Alamos Historic Roadway Riverside County. HisWrical Commission Minutes for March 18, 1992_ Riverside County Hiswrical Commission ConmbuUng Features to Los 'Ahunos Historic Roadway, March 18, 1992 Press Enterprise, "A Journey Down Los A!arnos Road,"May- 24, 1992. Page 130 DETAILED COMMENTS ON DRAFT EIR CIRCULATION The pmject's changes in circulation within the Area of Interest ',rill have the fotlowmg impacts whi,'h have not been noted in the EIR: ([) lncreasmd conflicts along existing local rural roads between resident M-7 motorists and commuter and commercial vel~les at driveways and lanes and between pedestrians, school ckildnm, bicyclists, and equestrians and commuters and commercial vehicles along the reeds. (2) Destruction of rural neighborhoods along Los Alamos Roe& Liberty Lane, M-8 Menifee Road, Willie Road, and Somerville Road as Clinton Keith and Hunu:r goada are extended, Briggs and Auld Roads are reroutcd, and Menifee Road develol:~i. M-9 [ (3) Major impac~ on the circulation system of Muftieta including the introduction of traffi- from the Hunter Road exten-lon onto Whitewood Road. I (4.) Destrtu:tion of the Los Alamos Historic Roadway recognized by the M- 10 Raversid~ County I-Iistofical Commission. M~ 11 (5) Negativ~ irapan on other District historic sit~s found along the proposed roads or within their palhs listed on the state Historic P,~sourees Inventory. M- 12 (6) Negative impact on biological and wsler n~soumes along Warm Springs Cr~k and its ttibutar~s. All of these impacts c, ountex goals and policies of the General Plan. The unmitigated levels of service at E and P minorted along Whchester l~ad (Highway 79 northerly) and Mumeta Hot Springs Road are unacceVtable snd inconsistent w~th the overall goals of the circulation element of the Genenl Plan. We believe thin the situation is critical and needs to be addre..~-d with through a vigorous miUgation program and new goals and policies in the Gcncral Plan, We suggest the following goals and policies that we have recommended for the GcnenJ Plan be evaluamd as mitigations for these impacts: M-13 (I) Goal 3. Establish a regional, multimodal msportaion system that m~nimizes travel by single oca~pancy vekichss and provides for community health, saYew., and well:am reside and outside the Study Ares. (2) Policy 3.1 Support the development of a regional multi-modal transportation system that establishes light rail, telecommuting. van, shuttle, bus, and bicycle faciliues and minimizes single occupany vehicle facilities. (3) Policy 3.8 Establish a priority project schedule for telecommuting, light rail. van. shuttle. bus, and bicycte facililie~. (4) Policy 3.9 Divert commuter and commercial vehicular traffic from rural r=sidentLal communities and the Alamos Disl~ict by liralUng runl mad widths, 16 ,paS~131 M-13 estabEshing vehicle weight limits. and limiting ar~,e~s to ~ ~ ~mm m~jor ~ys ~ ~ ~v~t ~- (5) Po~y 3. l0 Pmvi~ for off-~ ~mmuter bible roums ~ong ~y 79 northerly =d ~ghway 7~ be~n Tem~ a Hemet, ~ong M~e~ H~ Sp~gs R~d be~een Tem~u~ ~ M~e~, ~o~/effe~n R~ ~n Tem~u~ ~d Mumera, ~d ~ong Rainbow R~-fo~r Hi~way 395-~ ~w~n Tem~la and F~bmok. (6) PoH~ 3.11 Paa~ in ~ ~ of a vigom~ ~-~de bigcle commuting pm~ in ~jun~ ~ffi o~er ju~ons, co~ty ~m~st ~ups, and loc~ ~usm~s~s. (7) Poli~ 3.12 Provide for ~ off-~d mul~-~ ~l sy~m from T~m,cula m ~gion~ ~o~ m ~ ~e fievend Nao~ F~st. Mr. ~logi~ ~e~c, ~e Teme~la W~e Count, ~ ~ ~os Di~ct. Our proVosed revisions to Circulation Plan Figure 3- 1shoukl also be evaluated as mitigations for the irapeers nolsi above: M-14 (A) Place the access-restricted mbsn arterial transit corridor in the Ares of Interest (Clinton Keith Road) north of histom Los Alnmos Road and the existing rural residential area along Los Alamos. (8) Elimiriam the 4-lane mad joini:g Briggs and Auld Roeds witJain the Area of lnteres~ to preserve the existing rural residential neighborhood along Liberty Lane and Los Alamos Road and the historic sites in the area. (C) Preserve and enhance the Los Alamos Historic Roadway. (D) Designate and ~niaance the rural and historic roads within the A/amos District as sc~zic roads. We also believe the goals and policies we recommend for the Open Spar, e/Conservation Element of the General Plsn should be evaluated within the EIR as miUgations for impacts on cire,,lmfion. These include: M-15 ( 1 ) Goal 7. Establishment and reviml;,=tlon of agricultunl operations on locally important. state important, unk/ue, and prime farmlad. (2) Policy 7.1 Actively participate in the preparation of the Alamos Rural District Plan as pan of a District Planning Task Force and use this plan in reviewing development propo,ml~ and setting mitigations in order to ensure the v,,,tection of the District' s agricultural farmland. (3) Policy. 7.2 Establish general low land use density areas of .2 to .4 l~r acre dwelling umts per acre and areas of. 1 dwelling units per acre in areas along cre~kb~is north of Borel and Hunter Roads in the Alamos District. (4) Policy 7.3 Emblish procedural guidelines for the transfer of development rights (TDRs) from locally important, state important, unique, and l~irne farm lands within the Project aria, includin$ the identification of target areas to receive TDRs within the City, and for the purchase of development rights (PDRs). including the 17 Page 132 '/1'15 M-16 identicaLion of purchase areas. as mitgalions for the loss of farrnlarnd within the Project area. AIR QUALITY We are concerned that the project does not mitigate its adverse impacts on air quality. We believe this failure will have major impacts on the az:a's quality of life. Many of the currant residents have come to the area because of the clear air. We believe the deanoration in air quality could impact long-term residential ~-operty values and would al~iate an evaluation of this in the BIR. We believe that the cirmfiafion mitigations we proposed above should also be evaluated as mitigations for the regional impacts on air quality. BIOLOGICAL RESOURCES We would like the goals and policies we propose in the Conservation/Open Space Fi. jement to be evalualed as mili~ations for impacts of th~ project on biological resources. M-17 (l) Policy 3.8 Paniaitral~ with community interest groups including land trust, the C. lffomi~ Depaxhaent of Fish and Game and other a~enaies in the designation and acquisition of a Warm Springs Preserve as a mitigation bank for the Ion of habitat within the project area. (2) Policy 3.9 Establish general low land use density areas of .2 to .4 dwelling units per acre and azeas of . 1 dwelling units per acre along ~reekbeds north of Bo~l and Hunter Roads in the Alamos DisU'ict. (3) policy 3.10 Encour~e the mslla~ement of agricultural Land for wild]ire conservation. M-18 The nIR notes that no land in thc Sphere of Influence and Area of Interest is currently devoted to agriculture. We have nomd numerous acres planted in ch"yland gram this put winter and spring, produce op~rmions. and live ~tock operations. Much land in the District noted as farmland of local importance lies fallow because it has been sold to developers. We believe the li!lR should discuss the potential of the area for agricultural revimliT~rion using innovative crops, marketing techniques, and water harvesung and recycling practices. Once the future poamtia] for agriculture has been discussed. we would like the following goais and policies we proposed in the OVen Spece/Conservation Element to be evaluated as mitgations for the Projecfs adverse impact on locally im~xn'tant, state important. unique. and prime farmland within the Project area: 15 PaB~ 133 M-18 M-19 (1) Policy 7. i Actively participat~ in the preWaration of the Albinos Rural Distact plnn as part of a District ph,-ning Tall< Forc~ and u.~ this ph.n in reviewing development proposals and setting mitigations. (2) Policy 7.2 Establish general low land use density areas of .2 to .4 dwelling units per acre and areas of. l dwelling units Ver acre along creekbeds north of Hunter m~d Boml Roads. (3) Policy 7.3 Establish procedural guidelines for the msfer of development rights (TDRs) from locally important. state imporUmt. unique and prime farmland within the Project area, including the identification of target areas to receive TDRs within the City, and for the purchase of development rights (PDRs), including the identification of,target purcha~ areas within farmlnnd .areas. as mitigation for the loss of farmland within the Project area. (4) Policy 7.4 Identify a water harvesting and recycling system that benefits agricultural land use in cooperation with the appropriate agencies nntt community interest groups. (5) Policy 7.5 Encourage the development of agricultural operations on locally importanL state important, unique, and prime fartnln.d within the Project area, innovanve marketing of agricultural pmucts, and the development of agriculturally related businesses within the City. HISTORIC RESOURCES Once area history and historic sites have been discussed, we would like the followxng goals and poliCi~ we proposed for historic resources in tim Open Space/Conservation Element to be evnl-~__,e~l as mitigations for the lh~j~:t's adverse impacts on the resoura,.s: (1) Conduct a survey of historic sites within fi~e Project area. (2) Participate in county., state, and federal historic preservation program by applying for recogmtion of local sites in the S~r~ HiStoric Resources Inventor),, as Riverside County 1,.arldmark~ as State Points of Hiswric Interest. and as sites on the Nadonal Redslet of I-Iistoric Places. (3) Support the designation and acquisition oi path and community centers within the Alamos Dismet at the following historic sites: the Garrmger Pla~e on Briggs Road, the Adobe Springs Rest Stop, the site of Toatwi, and the former Alamos School Site. (4) Encourage the preserveion and reuse of the structures, landscape futures, roads, landmark trees. fields, and trails associated with and linking the major sites of the Alamos District mentioned above. (5) Develop guidelines for future development within the Alamos District that incorporates the historic relationships between mctures, wads, and landscape features. 19 P,,g¢ Z34 " ' ....................... 'Road A journey dOWn Los Alamo's Murrieta ~ pr~e~ ' ~.~.,.~.~,'?: ~j?.~:o~'.'~'~J.~':.`'~ -~ ~ ~ - . ~.,~ . m~ ~u~ ~ me ~n of ~m · '. '.~ ~ .~ .' ~ ~. ,~ ~. ~ .~ , . e~term8 o t "'amer' WIUimlrMcRlnl~i~bm~ ;"till 'CiMe mime waxits m preserve this bi piall~ for new con.mtruc~ion Fu-,re development ts expec~d 2.00~ new home ~r,d apml~m,,~ com- inertial r. enters and oalce bmidinp tn le Sr_~ool to LaRe Skinner. The Frtend$ e~vmou me dIM3'tct e psrt ofa~eeubettfr~rrtmeS~J,.maommPMlmau to Lske Skir~ner lind Palmllar enclrclin~a tJ]e urt31m Ceuterm ty's .oumwes~ cernu. Tue g~oup lnvile people to vMtt meir nei~o~o~xi aud ix cirawln~ up guided XTmp. A ~our ,,vtX be offeYmt ~i me end 0f 3une. ~ me meuume; uvetuurous fo0m mm a ]Jt.e imag~naPon can own m.loq tae ueBrly slx-mile ~ of stl!lallvetgxtay."ZlliJn~as builtltlMamemthmtaRsoowDatis now, ltMwnm llxe we were nrmn, tatrally ~ ed me rand In time I6~m. !tW,mm. Jommph, a Fain farmer and ~ tiim~oundersofilleMurrietm~rmin · Aimmmm ~tmei mit~ Tlionm- son.R~ds~opsatPourroyRomd. Tnebwartc~m~ze~Ll~tU~eor~- ofwlxazwm~mmmSclaooliamami l~llloerhmmmmiitmdeo~ltemmmt Road. In ~e early I~OOa, it asasectmicemerforttteAimzmm Hdmn Cumm~m l~einmnm. wmm ~ mole IO.~ mmrybo~aefkmtefilMaD~ldtr~ R : alam, afann scnooi, Pa~137 t LOS ALANOS HZSTORZCAL ROADWAY CONTRZBIrrZ!iG FEATURE ELEMEHT$ Feature Area l: Former Rancho Temecula/Renchc San Jactnto Boundary Eucalyptus Seasonal Streambed with Willows View of Nurrlete Hogbacks Homestead Cabin The first European-americans who settled on lends outstale the Rancho Temecula boundary acquired the land as homesteads from ~he federal government, The natural streambed and t~e eucalyptus, along with the homesMad cabin, ere pert of a complex of typical features l~at characterized the landscape tn the settlement aM feelrig periods of the Alerues District. Feature Area 2: 'Pepper Tree Lane" S~asonal Strem~mhed with I~tl lOwS View of Santa Rose Plateau View of Chaparre]/Coastal Sagebrush Ridges View of Murr~eta Hogbacks dames Place ~th Htstorlc Fruit Trees (listed on the HRZ) Paul Thompson recalls l~e original 80 pepper trees along this part of the road as beth9 ma~ure trees in t~e early 1900s when he travelled along Los Alamos ~o his grandfather's house. The road's locaMon a~p the cresl; of l~e h~ll harkarts back t:o t~e practice of the Payomtk Kowtc~ wfio soughl; the crests of htlls as luc~ as possible for trail routes. Feature And 3: Eucalyptus Corrtdor Eucalyptus icedlot Rock Outcrops Ytew of IqurHeta Hogbacks View Of Chaparral/Sagebrush Covered Ridges HIM Ranch (listed on the HRZ) George Hind established a homestead on ~e slte tn 1~e 1880s where M kept bees, ratsod fruit and produce, and practiced his trade as a harness mendot. Htnd, his wtfe Emma, and his sons and daughters planted the eucalyptus woodlot, the native California walnuts at the house site, the approximately 150 eucalyptus and 60 ollve trees servtng as read markers, and cleared the f(alds of chaperrs1 ~th a team and e bar to help esta=itsh his c'lalm to the land which was ftnally eeoclea ~o htm tn 1898 by President McKinley. Feature Area 4: Pass between Murrlete Valley and San Jactnto Platns, 1460 ft. 011 ve Trees Eucalyptus Trees Coastal Sagebush Eucalyptus ~/oodl ot View of Nurrteta Hogbacks The Coastal Sagebrush was conserved by local farmers as e source of b~ossoms for the honey that they sold for part of their livelihood. Feature Area "Yon Valley" Seasonal Metland ROck Esca~ent Rock Outcrops Page 138 Coastal Sagebrush Sort1 er Trat 1 Area Y~ev of Nurrteta Hogbacks Vte~ of Nt. San Jactnto Old ttmers from ~he Htnd family r~ell s~es of norabound settlers ~ssocta~d wt~ ~e antre1 bones and ~agon ~ma~ns ~ey fou~ ~n ~ls a~ u chl 1 d~en. Feature Area 6: T~arm Springs Grade Vie of Route Ascent and Descent Coastal Sagebrush Rock Outcrops View of Batchelor Y~ew of We. ~an Jactn~o ~/agons loaded wlth goods or grain ere ~aken up a~d do.n ~ts c~ssSng of ~arm Sprtngs Creek on period. Feature Area 7: Brtggs Road and Los Alemoo Road Zn~arsec~ion 011 ve Grove Dryland Grain Fields Seasonal Streamads: I~am $prtngs Creek Rock Outcrops View of Hurrtlta Hogbacks View of BaChelor Vtew of Tucaloto Htlls View of tit, San Jac~nto Garrfnger Place (1fated on the HRZ) Forty acres of olive trees ~ere planted by the .~nohl brothers betran r B logs and Liberty Road In the lat~ 1BOOs. h T e trees ere brought from Los Angeles on a wagon Still on the property. L~ke mall(y firloPs tfi the Nurrlet~ area, they raised the olives for otl and pressed them at the Garrtnger Place (1toted on the Znvento~). Aaron Garbingot was their stepfather. Feature Area 8: Thompson Road Sectfort Dryland Grain Ffelds Seasonal StreamJ=ed Ylew of I~rrteta Hogbacks 'Vte~ of 9atchelor Nt. Vle~ of Alamos District Thompson Homestead Sfte (listed on HRZ) Thompson homestended thts grassland area tn the 1880s ~lth Henry C1 ay hfs sons from Kansas. After sine har~ ttmes ~orktng the land, Thompson went on to become sn early RIverside County supervisor. His son Joseph Thompson ~o la~er built a bungalo~ on the stte was a prominent drylend grain farmer ~n the ~rdeta. Along with other farmers ~n the Alamos OfstHct, he orlan~zed ~e cooperative ~at butlt the grain elevator near the Hurtiota train station to haul ~e grain from the area to market. The los Alamos Htstortc Roadway continues for another 1.5 miles making a right bend at the present corner of Pourroy and Thompson and ending at Benton 1 and Pourroy tn front of Schoolhouse Hfll and the $tte of the A amos School. Z9435 ,! PaF 140 ~; Hr. Romere and Ha. Setder represented the Historical Commission and the Board of Supervisors at two Hurttare Ctty Coundl meetings. The HurrY eta Ct~ Coundl supports ~e 4estgnatton of Los A~os Road as 4 Coun~ L~n4me~ ~tth ~e unders~Mtng ~at ~e designation Mould not lffect ~etr ab111~ to cmple~ road ~p~vments for public safety. The 8oard of Supervisors asked for suggestions for the location of the historic marker, along with the identification of contributing elements to the designation that should be preserved. A subcommittee of the Historical Ccentss~on was formed to evaluate the site and provtde the requested information to the Board of Supervisors. The Hhtortcal Commission subcemtttee revteved information provided by Parks Department staff and R~ta Gentry, Citizens for Historic Hurlers, and toured the route. Los Almos Read was found to have significant hhtoric interest and value and should be designated as a historic route. A detailed repo~ has been presented to the Ccaelsston. Robert Nageemeved to racemend to the Riverside County Board of Supervisors that tt consider the Riverside County Historical Commtsston~s recm~andatlon h the Los Alamos Rosd--betaeen Vla Sa, tee and t at tinchester Reed--having $tgnfftcant htstortc interest, be designated as a county h4stortc route; and encourage t~ the greatest extent feasible, innovative land planning and circulation design alter~ethes in this area in order to preserve the fntegr!~ of the route and its unique characteristics as 11sted in Attachant "A"; and racemend that the dtstgn criteria ind developer plans vrlthtn this area be circulated through the HIstorical Commission for rayteN and cerement, The motion was seconded by [rnte Maxwell and carried unanimously. Hr. Romere noted that when the recoawaendatton is made back to the 9Mr~ of Supervisors that the Board .direct the Htstortcal0C~ission, Regional Park & Open-Space DIstrict s~ff and Transpomtton and Land Nanagemnt Agency s~ff to fomla~ a specific plan design. 9.3 Pending Dedications - information a. Yalede Jean Date Garden This item yes delayed. The application was approved by the State of California. Dedication date will probably be In November. b. Blythe Depot Dedication date ts anticipated for January 1993. HIstorical Camtsslon Neettng Mtnutes March 18, 1992 Page 5 PaF FROM: SUBJECT: COUNTY OF RIVERSIDE. STATE OF CALIFORNIA Parks 0eparmen~ SUBMITTALDATE: FebtuRf7 Los Alamos Road Historic Site Nomination That the 8oard: RECOMMENDED MOTION: 1) Approve designeffort of Los Alamos Road farore the forrat Rancho Tamecull boundary to Winchester Road as RIverside County Potnt of Hlstortc %riterest NO, Authorize the Chatrman to stgn the appltcatton for registration of Los Alamos Road from t~e fomer Rancno Tamecull bound, ry to ~/lnchester Road as a Point of Hlstorlc Znterest, to be submitted to the State 0fftce of Htstortc PreservaMon; and 3) Direct the Clerk of the Board to return the executed copy of the application to the Parks Departant for sumtttal to the State Offtca of Htstorlc Preservation. INFORi;~ATION: At its regular meeting on ~anuary ~e, 1991, r~e RiverslOe Counl:y H1stoncal Commaston unanimously recammended that your Honorable Board approve the designation of Los Alamos Road from the former Rantrio Tamecull boundary to I/tnchester Road as a Riverside Coun~ HIstorical Landmar~ and ~equest l~at the Chatrman of the Board stgn the application t~ the State of Caltfonn~a 0fflce of Historic Preservation for a Potn~ of HIstorical Interest. A mador route between the grain-producing Alamos dtstrtct and Murrteta, I.os Alamos Road helped create Murrieta's prosperity as a grain and c~mmel 11 center from the ]agOs to the 1930s. Before 1890 tt was associated wtth the two branches of the Emigrant Trat1 that traversed the area. Before 185n tt was part of a trail system 11nktng the ~attle-retstng Sen Jactnto Ptatns to the coastal missions. Throughout l~e nineteenl'~ century and tn earlier ttmes (CONTINUED ON PAGE C.A.O. RECOMMENDATION: FINANCIAL IMPACT: Approve Prey. Agn. tel. NONE Delats. Comme~te NONE Dlst. AGENDA NO 3.26 Page 142 t/ I~oard of Supervisors February 1, 1991 Page Z Subject: Los Alamos Road Historic St~e it traced the ath betwen Native ~mertcan settTemem and religious sites. Th road, then, all view o~ travel duPtng four m~or per~o~ of hman acttrOt o~ a fn ~e area. It's e~rtng ~u~ refl~ ~e relationship of h~s~r~c ~old$ an trails U terrain, vepta~on, agr~cul~re, and hm~sttes. A ~4tle porto of ~e road 1s ~e onl~ remaining ?am road w~thtn ~e boun~ry of ~e neX fomed dV of Nu~eta. Following approval by your Honorable 8oard, a marker dedication ceremony will b scheduled to take place. At this ceremony, City, county and state officials an members of the local historical community w~11 be present for the marke unveit I nO. FZNAHCZAL DATA: The cOst, $1,000, for ~he County Narter NO, 64, w111 be raise t~rougn donations from coaeuntty groups and ln~e~es~d ~fsto~lcal orgentzat~ons No Coun~ general fun~ a~ ~tng requested. Paul D,~R~ero PDR/RG/O06 ~ Attachments: Appltcatton C' Admt ntstratl ve Office County Counsel Audt toP-Control 1 er RiSe 143 CITY OF TEMECULA General Plan Program M. Friends of the Alamos District (9-30-92) M1 Response: These comments address the General Plan document, and therefore should be part of that process. However, it should be noted that several of the recommendations contained in this comment have been incorporated into the General Plan. Please refer to the General Plan for specific changes resulting from these comments. M2 Response: Comment noted. The scope of the Temecula General Plan DEIR was based on existing data provided in the Master Environmental Assessment and technical studies. This data was compiled into the existing conditions for the DEIR and the Land Use Plan was analyzed for impacts. In some cases, (traffic, noise, air quality, biology, agriculture and library), impacts could not be mitigated to a level of insignificance. These significant impacts will require a Statement of Overriding Considerations which will specify why these significant impacts are being overridden for other beneficial opportunities. CEQA does not specifically require the inclusion of and mitigation .for historic sites of community importance, although this analysis is often included as part of an EIR. The DEIR does provide this information on page 280. As highlighted in the Cultural Resources Section of the DEIR, two record searches were conducted with the University of Riverside, Department of Anthropology. The resulting data included information regarding historical and archeological resources. In addition to the UCR record search, the County of Riverside General Plan, Diana Seider, the County Historian and the book Temecula Remembered were consulted. The data presented in the DEIR was the result of all available data. However, in response to the request for additional mitigation regarding historical resources, Policies 6.10 and 6.11 have been added to the General Plan. Please refer to the General Plan for these policies. M3 Response: As mentioned in Response M2, Diane Seider was contacted on two occasions during the preparation of the DEIR. Two polices have been added to the General Plan and in turn are included in the EIR as mitigation. Additionally, one mitigation measure has been included to ensure a historical inventory is completed. Page 284 is amended to include the following: Support an integrated approach to historic preservation in coordination with other affected jurisdictions, agencies, and organizations for areas within the Study Area and surrounding region that seek to establish linkages between historic sites or buildings with other historic features such as roads, trails, ridges, The PLanning Center EIR RESPONSE TO COMMENTS v~a,oxx~se2coM . aon,m Page IdA CITY OF TEMECULA General Plan Program and seasonal waterways. (Policy 6.10 Open Space/Conservation Element) Encourage the preservation and re-use of historic structures, landscape features, roads, landmark trees, and trails associated with Los Alamos Road and its vicinity. (Policy 6.11 Open Space/Conservation) Upon completion of the County of Riverside Historical Resources Element, the City will incorporate relevant information from the Element as well as information provided by local historic districts into a City of Temecuia Historical Resources Inventory and Map." M4 Response: Please refer to Response L6 for a thorough discussion of Alternative Three. M5 Response: Base maps that include roads proposed as pan of the Circulation Element were used to delineate environmental constraints and conditions to enhance the reader's ability to gauge the constraint's potential impact on new development areas. Without the reference points of these new roads, this comparison would have been difficult. These base maps were not intended to mislead the reader into believing that approval of the General Plan is a foregone conclusion. The suggestion that the maps contained in the EIR be redrawn with a new base map would double the number of graphics in the document and is unnecessary. A response to this comment as it relates to the General Plan map is unnecessary. The EIR will go through the normal public review process and no decision regarding the General Plan will occur until this process is complete. M6 Response: We apologize for the inconvenience of not finding a copy of the DEIR at the Library, a copy should have been made available. However, a copy was available at the Temecula Planning Department, located at 43174 Business Park Drive, Temeeula M7-M15 General Response: Procedures used in the development of the Circulation Element and Circulation Plan included: documentation of existing conditions; identification of opportunities and constraint.s; and evaluation of circulation needs for the preferred land use plan. In the north "Sphere of Influence" and "Area of Influence" it was necessary to acknowledge both existing and approved development projects (which include several approved specific plan The Planning Center EIR RESPONSE TO COMMENTS CITY OF TEMECULA General Plan Program projects) as well as the currently adopted Riverside County General Plan Circulation Plan. Additionally, it was necessary to coordinate with ongoing County administered circulation system planning studies such as the Airport Community Transportation Study which was recently completed by Robert Kahn, John Kain and Associates. Given the currently approved Specific Plan projects and proposed General Plan land uses in the Sphere of Influence and Area of Interest, it would be necessary to construct new roadway facilities and widen/improve existing facilities to accommodate the "local" travel needs. Wilbur Smith's review of the Riverside County and subsequent Airport Community Transportation Study circulation system recommendations indicate an appropriate density and configuration of major arterial streets to serve the approved and planned intensity of development. The proposed circulation system for the area in question has been designed to accommodate traffic generated by land uses in that area. Some routes, such as State Route 79, wouid continue to serve both local traffic and inter-regional traffic. It is recognized, however, that a portion of the future traffic (as is true of current traffic) generated by development in this area will travel on east-west streets to access activity/employment centers in Murrieta and along the 1-215 and 1-15 freeway corridors. It is clearly evident that the character of this area would change as a result of the approved and planned development. Traffic and the needed circulation improvements are directly related to cumulative development in this area. M7 Response: Approved and planned development in the area would require that some roads which are of rural character today, become arterial roads in the future. The provision of a comprehensive arterial network, as proposed, would minimize traffic on the remaining "local" street network. While an increase in traffic conflicts is a product of development and its traffic generation, the majority of the circulation system would operate at a Level of Service "C" or better during peak periods and Level of Service "B" or better during off-peak periods. Other than Winchester Road, most traffic on these roads would be traffic which is generated by land uses within this area. M8 Response: It is recognized that impacts of varying degrees would likely result from the extension/improvement of the referenced roads and a detailed assessment of impacts would appropriately be made during the preliminary and final design phases of these improvements. M 9 Response: The Planning Center EIR RESPONSE TO COMMENTS CITY OF TEMECULA General Plan Program The extension of Hunter Road to Whitewood Road would have an impact of increasing traffic on Whitewood Road. The elimination of the Hunter Road extension would result in increased traffic and impacts on Los Alamos Road (between Whitewood Road and Clinton Keith Road) as well as on Clinton Keith Road and Murrieta Hot Springs Road. M10-Mll Response: It is recognized that Los Alamos Road has been recognized as a historic roadway by the Rivewide County Historical Commission. The ultimate improvement of Los Alamos Road would have to address the impacts of the roadway's design on its historic designation. Similarly, impacts of the final alignments of the referenced roads on individual historic sites listed on the State Historic Resources Inventory would also have to be identified. M12 Response: All major road construction projects would be required to identify environmental impacts (biological and water) resulting from their proposed design. M13-M15 Response: Based on the results of the build-out area traffic analysis it was estimated that up to 40 percent of the traffic using Winchester Road (State Route 79) is attributed to "inter- regional through traffic" which cannot be Controlled by General Plan policies. Even with major reductions in land use intensities in those areas which do not have approved plans, only marginal improvements can be achieved in service levels. Long range travel demand/desire is projected to be so high in this corridor, that reductions in "local" traffic using the corridor would be offset by inter-regional traffic wanting to use the Winchester Road corridor. It should be noted that the referenced service levels of E and F for portions of Winchester Road do not reflect recommended transit development mitigation measures nor do they reflect recommended Transportation Demand Management CYDM) and Transportation System Management (TSM) measures. The majority of these suggested goals and policies are addressed in the Draft General Plan Circulation Element and Open Space/Conservation Element. M16 Response: CEQA requires that the "physical impacts" of a project be evaluated in the EIR. Economic impacts from decreased property values are not considered a "physical impact." Additionally, projecting future home values would need to rely on evaluations of projected local economics, job opportunities, quality of schools, recreation and services, The Planrang Center EIR RESPONSE TO COMMENTS CITY OF TEMECULA General Plan Program etc., of which air quality would only be one component. Therefore, assessing the impacts of air quality on long-term property values would be highly speculative. M17 Response: O) Policy 3.2 of the General Plan Open Space and Conservation Element states directs the City to work with State, regional and non-profit agencies and organizations to preserve and enhance significant biological resources on publicly owned lands. Two points of the Implementation Program for this policy are: 1) Evaluate and pursue the acquisition of areas of high biological resource significance. Such acquisition mechanisms may include acquiring land by development agreement or gift; the dedication of conservation, open space and scenic easements; joint acquisition with local agencies; the transfer of development rights; and lease purchase agreements. 2) Utilize the resouroes of national, regional, and local conservation organizations, corporations, associations and benevolent entities to identify and acquire environmentaIly sensitive lands, and to protect water courses and wildlife corridors. The targeting of specific areas for acquisition and preservation is itself of process that requires the coordination of private interest groups and state and federal agencies, based on a conclusion that the area is particularly rich in biological resources. The Biological Resources Section of the EIR identified 3 species that have been known from the Warm Springs Creek area: California orcutt grass, San Diego coast horned lizard, and Stephens' kangaroo rat. While the suggestion that the Warm Springs area be conserved is a welcome one, a recommendation that it serve as a mitigation bank should be based on a intensive inventory of its biological resources, which has not been conducted. The biological resources of the proposed mitigation bank area have not been analyzed in sufficient detail to evaluate its use as a mitigation bank. (2) Currently, the residential land use densities in the Alamos District are low (up to 2 du/acre) and very low (up to 0.4 du/acre). Therefore, some of the proposed land use densities are already consistent with those proposed b;' Friends of the Alamos. The General Plan and EIR points out the various projects in the Area of Interest and the Sphere of Influence that have already been approved by the Riverside County Planning Department. Applications for other projects have already been filed. The land use densities for these projects were incorporated into the General Plan. The lowering of land use densities could reduce the impact on biological resources, but not necessarily substantially. Even development of low to moderate intensity impacts biological resources through habitat loss, human disturbance, the introduction of nonnative species, and the predatory habits of cats and dogs. Low dwelling unit densities are not necessarily accompanied by proportional reductions in habitat loss because landowners may still replace the existing habitat with The Planning Center EIR RESPONSE TO COMMENTS CITY OF TEMECULA General Plan Program landscape, horse stables, additional structures, etc. Mitigation measure #2 in the Biological Resources Section of the EIR requires that habitat linkages be maintained with a minimum of a 75-foot buffer from the edge of the streambed or the edge of the riparian vegetation, whichever is greater. In addition, one of the implementation programs for the conservation of biological resources is to require the establishment of open space areas that contain significant water courses, wildlife corridors, and habitats for rare or endangered plant and animal species. (3) The impact of a policy that encourages the management of agricultural lands for wildlife values is uncertain. Currently, all agricultural lands in the project region retain wildlife values. The policy that is recommended is currently implemented by the Soil Conservation Service, the Department of Fish and Game, US Fish and Wildlife Service, and the University of California agricultural extension. The habitat values found in agricultural lands are, in a regional context, already in excess of the value of habitats that would occur after even low density development. M18 Response: The DEIR does not state that there is no land devoted to agrieultu/'e in the Sphere of Influence or Area of Interest, in contrast is cites the acreage of land designated as Prime, Unique or of Local Importance. Definition of specific acreage devoted to agriculture uses can be found in the Existing Land Use Table (Table 19), page 170 of the DEIR. Agricultural revitalization was not discussed in the DEIR because it is not an objective of the General Plan, and therefore, not analyzed for impacts. However, the General Plan does contain several policies which encourage agricultural preservation. As mentioned in the comment, much of the land in the Sphere of Influence and Area of Interest is currently being planned for future development and not used for agricultural purposes. However, it should be noted many of the proposed developments are currently entitled and the City of Temecula has very limited control over decisions regarding pending projects. The Land Use Plan reflects entitled projects, and provides a guideline for land use and circulation patterns only. Response M19: The Policy and Implementation Program mentioned in Response M18, includes several of the elements listed in the recommended policies and goals. Please refer to Response M18 for a description of these programs. The Planrang Center EIR RESPONSE TO COMMENTS na.~l,~snco,~. ,on,m ATTACHMENT NO. 2 REVISIONS ADDENDUM C!mpter One GENERAL PLAN OVERVIEW CITY OF TEMECULA General Plan Overview · The concentration of retail and business development within Village Centers; · A convenient and effective transportation system which includes vehicular circulation, transit, bicycles and pedestrian modes of travel; · An outstanding open space and parks system; · A community dedicated to preserving family values, neighborhood conservation and public safety; · Opportunities for community activities for a wide array of interests, ages and lifestyles; · Preservation and enhancement of historical and cultural resources within the community; and Assurances that adequate public services are provided concurrently with development. · Capitalize on the community's greatest asset, its people, by encouraging community involvement and community responsibility. TEM-0I~01GP-OVR. V1W · Draft Dat=: Ociober 29, 1992 Page 1-13 ChapUr Two LAND USE CITY OF TEMECULA Land Use Element there is a need to ensure that as infill or reuse occurs, the role and character of Old Town is preserved and enhanced. The City has initiated the preparation of a specific plan for Old Town which is scheduled to be completed in the Fall of 1992. The Specific Plan will address future land use and design, as well as issues related to road improvements, parking, and flood control. D. Proposed Specific Plans The General Plan Study Area includes some 34 square miles of unincorporated territory. Within this area are approximately nine proposed specific plans, which when developed, will have a direct impact on the City in terms of traffic, noise, the demand for community facilities, the demand for employment and commercial activities, and other impacts. It is the City's desire to annex many of these proposed developments prior to or concurrent with project approvals, in order to exercise control over the use, quality and design of development, and the public facilities and amenities provided. Several of the specific plans will be approved by the County of Riverside and built under the County's jurisdiction. Therefore, inter-governmental coordination with the County and the City of Murrieta to influence projects to the benefit of ~:~ the City of Temecula, City of Murrieta, and the County, is strongly needed. E. Land Use Compatibility Compatibility' between adjacent land uses is essential to achieve a safe, efficient, and well-organized community. The issues involved in examining the compatibility of proposed projects includes traffic generation, access locations, noise impacts, public service demands, site design and visual appearance, and public safety. Land use compatibility is expected to become a greater issue as the community builds out and commercial/employment uses locate nearer residential areas. Residents want adequate buffering from non-residential uses in terms of light, noise, traffic impacts and negative visual impacts. Compatibility between residential projects of different densities is also a major concern. The development of standard single family subdivisions within rural residential areas or adjacent to the wine country for example, can negatively impact the overall character of the area. Site design that involves a gradual transition of densities within a project or an adequate open space buffer ':.'i!! should be important considerations in future residential projects. F. Community Facilities Residents of the City of Temecula desire community facilities or gathering areas that provide for social, civic-related, cultural and recreational opportunities. The development of such facilities can foster civic pride and enhance the City's identity. Most of the existing commercial areas lack adequate public places or plazas to accommodate cultural and social events. The commercial development in Temecula also needs a broader range of uses that creates day. and evening activity areas. Furthermore, the City lacks large-scale commercial recreation opportunities such as an amusement park, stadium, concert hall or performing am center. It is important that Draft Date: January 4, 1993 Pap 2-7 CITY OF TEMECULA Land Use Element IlL GOALS AND POLICIES Goal 1 Discussion Policy A complete and integrated mix of residential, commercial, industrial, recreational, a~t public and open space land uses. A well-balanced community provides a broad range of land uses that are planned in desirable patterns and intensities. By providing for a bahneed mixture of land uses, the City can achieve a suitable inventory of housing for a range of income groups, a viable commercial and employment base for residents and surrounding communities, ample open space and recreational opportunities, and adequate public facilities and sentices. 1.1 Policy 1.2 Policy 1.3 Policy 1.4 Policy 1.5 Policy 1.6 Policy 1.7 Policy 1.8 Policy 1.9 Review all proposed development plans for consistency with the community goals, policies and implementation programs of this General Plan. Promote the use of innovative site planning techniques that contribute towards the development of a variety of residential product styles and designs including housing suitable to the community's labor force. Require the development of unified or clustered community-level and neighborhood-level commercial centers and discourage development of strip commercial uses. Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development. Support the development of light industrial, manufacturing, research and development, and office uses to diversify Temecula's economic base. Provide well defined zoning and development standards and procedures to guide private sector planning and development. Require the preparation of specific plans as designated on the Land Uae Plan Specific Plan Overlay to achieve the comprehensive planning and phasing of development and infrastructure. Consider taking the lead on preparing specific plans for areas designated on the Land Use Plan that have multiple landowners. Encourage planned unit devolopmenm flexible zoning techniques in appropriate locations to preserve natural features, achieve innovate site design, provide open space and recreation facilities, and to provide necessary amenities and facilities. TEM..OI~0mOP-LND.USE · Draft Dat=: January 4, 1993 PaSo 2-9 CITY OF TEMECULA Land Use Element Policy 4.4 Policy 4.5 Policy 4.6 Policy 4.7 Work with the utility districts to develop a trail system and enhance the natural resources along the San Diego Aqueduct. creeks, and other utility easements where feasible. Work with the Riverside County Flood Control District and other responsible agencies on the design of the flood control project for Murrieta Creek, Temecula Creek, Pechanga Creek,. and other waterways in the City. Consider alternative flood control methods to reduce capital and maintenance costs and provide recreational and open space opportunities. Conserve the resources of Peehanga, Temecula and Murrieta Creeks through appropriate densities of development, setbacks, landscaping, and site design of surrounding projects. Goal 5 A land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking. Discussion Future levels of traffic congestion within the community will be influenced by the land use pattern. The level of congestion can affect the convenience of walking, biking, using a shuttle or bus service, or a fixed rail system that links Temecula to other communities. The architecture, landscape design, and site planning of · projects should emphasize a pedestrian orientation and convenient access between uses, to support alternative transit methods. Policy 5.1 Include in the Development Code and through other ordinances a package of incentives to encourage development to include: [},l,tl~ per planning Commission Re~ommendation 2. 3. 4. 5. 6. 8. 8. 9. 10. 11. Additional active parkland Development of parkland and trails Preservation of historic buildings or sites Additional open space Preservation and enhancement of natural habitat Additional public or community facilities Additional or improved public spaces or plazas for community use. An in public plaoo~ Additional amenides in multifamily developments Transit facilities and/or additional right-of-way along future transit corridors. Housing that meets the needs of very low and low income households. Provision of cultural facilities. TI~M-01~2OP-L.ND.US~ · Draft Dam: January 4, 1993 Pap 2-12 CITY OF TEMECULA Land Use Element IV, LAND USE PLAN The Land Use Element defines the location and general standards for future development in the Study Area. The Study Area includes the incorporated city of Temecula, its adopted Sphere of Influence and an additional Area of Interest. Although the City does not have land use authority over the Sphere and Area of Interest, the City intends to utilize the Land Use Element and other elements of the General Plan to review development and annexation proposals within these unineorporated areas. The geographic locations of specific land uses are presented on the Land Use Plan (Figure 2-1). The Land Use Plan, in conjunction with the policies of the General Plan, are intended to reflect local and regional growth trends, provide a sufficient jobs to housing balance, provide retail and services close to housing, and provide adequate open space for recreation and the protection of important environmental and aesthetic resources. The Land Use Plan shows the arrangement of land uses at the time the City is fully matured. It does not suggest anything about the timing of development. Some projects are currently under development, others are currently being planned and are expected to be built in the next ten years. Based on current market trends, some land uses are not anticipated to be fully developed for the next 20 to 40 years. The timing of future development will impact infrastructure and services, the fiscal stability of the City, the circulation system and other aspects of the community which are considered in the policies and programs of the other General Plan elements. The Land Use Plan provides for a range of 27,853 to 51,555 dwelling units in the City and between 20,654 and 40,217 dwelling units in the Sphere of Influence at buildout (Table 2-2). The target or probable number of dwelling units within the City and Sphere of Influence is 39,658 and 28,854, respectively. Based on a factor of 2.83 persons per household, the number of dwelling units at the target density equates to a projected population of 1=12,254 persons in the City and 2~°,~°5~. 81,655 persons in the Sphere of influence (Table 2-3). The Land Use Plan also provides for an anticipated 570 acres of Community Commercial uses, 520 acres of Professional Office uses, and 1,611 acres of Business Park uses within the City. Employment uses within the Sphere of Influence are primarily located around the French Valley Airport. Approximately 1,005 acres of Business Park and 337 acres of Neighborhood, Community and Highway Commercial uses are anticipated in the Sphere of Influence. Approximately 14 percent (2,318 acres) of the City and 27 percent (2,350 acres) of the Sphere of Influence are devoted to Open Space/Recreation uses. Such uses include: parkland, golf courses, steep slopes, open space for unique and sensitive resources, hazardous fault zones, and waterways. Additional public parkland and open space is anticipated to be provided as projects are planned and approved. Tables 2-4, 2-5 and 2-6 provide a comparison of the Land Use Plan to existing uses in the City, Sphere of Influence, and Area of Interest, respectively, as of Winter, 1991. TEM-Ot~02GP-t..,',,rD.USE · Draft Date: January 4, 1993 Page 2-16 CITY OF TEMECULA Land Use Element Table 24 City of Temecula Land Use Comparison Between Existing Uses (Winter 1991) and General Plan Land Uses (Dwelling Units/Acres) Existing ~ Land Use Conditions~ Plant ].,356 du 9,912 du 200 flu Land Use REb~iD~-NTIAI:,} ,~.."..: ~.. ,... I Hillside/Low Density (.1-2 du/ac) Nf,)N.ItI.'.'-~'IllT.'-N'I'Io%T. .__ .................. Office Business Park/Industrial Public/Institutional Open Space/Agficulmte(ac~s) Total Change in Dwelling Units 1,356 du I 0 dul Change in Acres 11,468 du 145 ac 520 ac 375 ac 224 ac 1,511 ac 1,:387 ac 229 ac ~Sl ac 412 ac 1,3~2 ac 2,318 ac 925 ac 2,246 ae 6,090 ae 3,844 ae 2 Based on probable level of development - target density/intensity. 3 Hillside/Low ineluden Hillside, VeP/Low and Lt~ Oen~al Plan designations: Lc~v,q~4ed~um refers to Low Medium and Medium General Plan designations. High Density is High General Plan designation. TEM-OPB2GP-U',~D.t,'SE · Draft Date: January 4, 1993 Page 2-20 CITY OF TEMECULA Land Use Element ~nd Use Table 2-5 Sphere of Influence Land Use Comparison Between Existing Uses (Winter 1991) and General Plan Land Uses CD~velling Units/Acres) Plan. Chsng~ in Existing Dwelling Conditions~ Land Use Units High Density (14-20 du/ac) Tomi 5].: t.~ 2.'.' 22,993 du 22,993 du 0 du 3,151 du 3,151 du 515 du 28,854 du 28,339 du Change in Acres Neighborhood Commercial 0 ac 30 ac C~.mmunity Conunarcial 0 ac 190 ac Highway/Tourist & Service Conuncrcial3 0 ac 137 ac Office 0 ac 21 ac Business Park/Industrial 0 ac 1,005 ac Public/Insritulional 205 ac 512 ac Open Space/Aghculmrc(acrcs) 0 ac 2,350 ac Total 205 ac 4,245 ac 30 ac 90 ac 137 ac 21 ac 1,005 ac 307 ac 2,350 ac 3,940 ac 2 Hillside/Low includes Hillside, Very Low and Low General Plan designations; Low/Medium refers to Lmv Minturn and Me.turn GeneraJ Plan designations. High Demiry is High General Plan designation. 3 Includes HighwayFFou~st Commercial and Service Commercial GeMill Plan Desigaations. TEM-OI~O2GP-LI','D.US~ · Draft Date: January 4, 199~ Page 2-21 CITY OF TEMECULA Land Use Element Table 2-6 Area of Interest Land Use Comparison Between Existing Uses (Winter 1991) and Genernl Plan Land Uses CDw,011ing Units/Aeron) Land Use ~:,~I~rlAL~ . , Hillszde.'Low Density (.1-2 du/ac) Low/Medium Density (2-3.4 du/ac) High Density (14-20 du/ac) Total Existing Land Use Conditions Pinnz 1,592 du :,~5 ~ · 1,273 du 672 du ' '~' ' ~" 7,633 du 0 du ~ ,r,~ .~,. 1,881 du NO.~-Rt~'!I) F..~TIAL Community Commercial 0 ac 110 ac Highway/Tourist &Service Commercial4 25 ac 8 ac Office 0 ac 19 ac Business ParkAndustrial 0 ac 149 ac Public/Institutional 0 ac 37 ac Open Space/Agriculture(acres) 76 ac 260 ac Total I01 ac ~92 ac Change in DwelHng Units (319) du 6,961 du 1,105 ~u 1,881 du Change in Acres 110 ac (17 ac) 19 ac 149 ac 37 ac 184 ac 491 ac 2 B,ued on probablc level of development - target density/intensity. 3 Hillside/Low includes Hillside, Very Low and LOw General Plan designations; Low/Medium refers to LOW Medium and Medium General Plan designations. High Density is High Generat Plan d~ignadon. 4 Includes Higbw~y/Totuist' Commercial and S~i~ice Commes'cial General Plan Designations, TEM-0t'tr~P-L,ND.USI! · Draft Date: January 4, 1993 Page 2-22 CITY OF TEMECULA Land Use Element A. Land Use Designations Land use designations define the amount, type and nature of development that is allowed in a given location on the Land Use Plan. While terms like "residential", "commercial", and "industrial" are generally understood, State General Plan law requires a clear and concise description of the land use designations or categories shown on the Land Use Plan. In addition, population and intensity standards must be specified in accordance with State General Plan law. · ' Based upon the land use designations of the General Plan, specific zoning districts will be established in the Development Code. There may be one or more zoning districts for each land use designation. The Development Code will contain the detailed regulations and requirements for permitted uses and development standards to implement the goals and policies of the Land Use Element. 1. Residential Designations Each of the residential use categories includes a range of allowable densities. The maximum density defines the maximum number of units per net acre at which development can occur within a given area. Net acre is defined as the gross project or lot area, less that portion of the site to be used for the following: arterial, major, secondary and collector roads; and the floodway portion of a flood plain. Determination of precise density, development location, and lot coverage on any residential property is a function of: Opportunities and constraints presented by natural, cultural or scenic features; Policies and implementation programs of the General Plan intended to maximize public safety; achieve high quality site planning and design; provide sufficient levels of public service; retain significant natural resources; ensure compatibility between uses; and encourage development of Village Centers. Building and development standards contained in the Development Code, pubic works standards, and other regulations and ordinances. Future residcntial dcvclopmcnt is cxpected to occur .at the targct Icyel of dcnsity statcd in Table :2-7 for each residential designation. Dcvclopmcnt at a density between the target and maximum level may only occur for the Hillside, Very Low, Low and Low Medium designations, at the discretion of the Planning Commission/City Council in cxchangc for special public benefits (as identified in Policy 5.1). ':.'h!ch The amenities or public benefits provided are intended to satisfy a need over and above the minimum requirements of the General Plan and other city policies and regulations. It is assumed that some residential development will occur below thc target Icvcl of dcnsity and some development Tna4-OtXO~aP-t. SD.VS~ · Draft Date: January 4, 1993 Pag~ 2-23 CITY OF TEMECULA Land Use Element will occur above the target level based on the provision of public amenities or benefits. For purposes of analyzing the impacts of the General Plan, the target level of density for the above identified designations is assumed. A target level of density is not established for the Medium and High designations so as not to preclude or discourage the development of affordable housing. However, for purposes of analyzing the impaas of the General Plan, a probable level of development within the Medium and High designations is assumed. Table 2-7 Development Intensity/Density Standards Land Use Designation RESIDENTIAL Hillside Very Low Low Low Medium Medium High NON-RESIDENTIAL Neighborhood Commex~--ial Community Commercial Highway/Tourist Commercial Service Commercial Office Business Park Public/Institutional Range of Development Target Intensity/ Intensity/Densityt Density2 DWI~_t.tNG UNITS/ACRE DWsn lING UNITS/ACRE 0 - .1 DU/AC MAX .1 .2 - .4 DU/AC MAX .3 .5 - 2 DU/AC MAX 1.:3 3 - 6 DU/AC MAX 4.5 7 - 12 DU/AC MAX 9.5 13 - 20 DU/AC MAX 16_~ FLOOR AREA RATIO FLOOR AREA RATIO .20 - .40 FAR .25 .25 - 1.0 FAR .30 .25 - 1.0 FAR .30 25 - 1.5 FAR .30 .30 - 1.0 FAR .50 .30 - 1.5 FAR .40 .20 - .70 FAR .30 Medium and High dtnxity rtrldtntlal d,xignatlons. Residential uses are intended to be the principal and dominant use within each of the residential designations. Other uses such as public facilities/utilities, churches, schools, agriculture, community cam and family day care facilities (as defined in the California Health and Safety Code), which are determined to be compatible with residential areas may also be allowed in accordance with the Development Code. 'rFad-01~02OP-t. ND.USE * Draft Date: January 4, 1993 Page 2-2A CITY OF TEMECULA Land Use Element The a. Land Use Plan provides for six residential designations as defined below. }lillgide Residential (0 - .1 Dwelling Unit per Acre Maximum) The Hillside Residential category is intended to provide for the development of very low density housing in areas that are best suited for open space or have severe constraints for development, such as steep hillsides with slopes over twenty-five percent, limited access and public services, fire hazards and other environmental concerns. The typical lot size for the Hillside Residential designation is 10 acres with one dwelling unit permitted per lot, however, clustering of development may be appropriate to minimize grading requirements and impacts to environmentally sensitive areas. Very Low/Rural Density. Residential (.2 - .4 Dwelling Units per Acre Maximum) The Very Low Density designation is intended to provide for the development of single family detached homes on large lots with a rural ranchette character of development. This designation is also consistent with large lot residences that keep homes and other animals, or utilize a portion of the land for agricultural production. Typical lot sizes am 2.5 acres, however, clustering of development may be appropriate to minimize grading requirements and impacts to environmentally sensitive areas. Low Density Residential (.5 - 2 Dwelling Units per Acre Maximum) The Low Density designation is intended to provide for the development of single family detached homes on larger lots with a custom character of development. Typical lots size may be .5 to 2.0 acres, however, clustering bf development may be appropriate to minimize grading requirements and impacts to environmentally sensitive areas. Low Medium Density Residential (3 - 6 Dwelling Units per Acre Maximum) ~ The Low Medium Density designation is intended to provide for typical single-family neighborhoods. The range of housing types includes single family detached, single family zero lot line, patio homes and duplexes. Congregate care facilities could be approved as a conditional use in accordance with the provisions of the Development Code. e. Medium Density Residential (7 - 12 Dwelling Units per Acre Maximum) The Medium Density Residential designation is intended to provide for the development of attached and detached residential development. Typical housing types may include single family zero lot line, patio homes, 'r~M-01~O2GP-LI,.'D.US~ · Draft Date: January 4, 1993 Page 2-25 CITY OF TEMECULA Land Use Element duplexes, townhouses, and multi-family garden apartments. Congregate care facilities could be approved as a conditional use in accordance with the provisions of the Development Code. f. Higher Density Residential (13 - 20 Dwelling Units per Acre Maximum) The High Density designation is intended to provide for the development of attached residential developments. Typical housing types include multi- family or garden apartments. Congregate care facilities couM be approved as a conditional use in accordance with the provisions of the Development Code. Increases in the density for congregate care may be allowed under special provisions of the Development Code. These residential designations allow for a wide range of housing types as illustrated below in Figure 2-2. The housing types that may be built within each General Plan residential designation is shown in Table 2-8. TEM.01XOZ3p-L/4D.USE · Draft Date: January 4. 1993 Page 2-26 CITY OF TEMECULA Land Use Element c. Highway/Tourist Commercial (Floor Area Ratio of .25 to 1.0) The Highway/Tourist Commercial designation is intended to provide for those uses that are located adjacent to major transportation routes and may be oriented to the needs of tourists and recreation enthusiasts. Highway/Tourist Commercial development should be located at appropriate locations, and developed as clusters of commercial development rather than as shallow commercial frontage along major stw~ts. Typical uses may include tourist accommodations and lodging facilities, automobile service stations, restaurants, convenience stores, gift shops, and entertainment centers. The facilities should be welMandscaped and provide an attractive visual image. d. Service Commercial (Floor Area Ratio of ,5 to 1.5) The Service Commercial designation is intended to provide for commercial uses that typically require extensive floor area. Typical uses include home improvement stores, discount retail stores, furniture stores, and auto dealerships and light automotive service. Warehousing and manufacturing may be incidental uses within a business that is consistent with the Service Commercial designation. e. Business Park (Floor Area Ratio of .4 to 1.5) It is the intent of the Business Park designation to develop well designed business and employment centers that offer attractive and distinctive architectural design, innovative site planning, and substantial landscaping and visual quality. Typical uses may include professional offices, research and development, laboratories, light manufacturing storage, industrial supply, and wholesale businesses. The development of mixed-use projects including compatible/complementary mixtures of office, suppo~ commercla~ residential, and services, is allowed through the Planned Development Overlay process of the Development Code. f. Professional Office (Floor Area Ratio of .3 to 1.0) The Professional Office designation includes primarily single or multi-tenant offices and may include supporting uses. Office developments are intended to include low rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Supporting convenience retail and personal service commercial uses may be permitted to serve the needs of the on-site employees. The development of mixed-use projects including compatible/complementary mixtures of office, support commercial, residential, and services, is allowed through the Planned Development Overlay process of the Development Code. TEM4)XX02OP-L/,aD.USE · Draft Date: Jant~ary 4, 1993 CITY OF TEMECULA Land Use Element g. Open Space/Recreation (Floor Area Ratio of .01 to .1) The Open Space/Recreation designation includes both public and private areas of permanent open space including local for such uses us: parks, golf courses and floodways along Murrieta, Temoeula and Pechanga ereeke.. recreation faciliaes, natural open space, recreation trails, greenbelts, lakes, utility easements, active fault zones, and undevelopable portions of floodplains along waterways. This designation is intended to include lands acquired by ex-aet4oav easement, fee and other methods sanctioned by state and federal law for parkland, for preservation of biological and cultural resources, and for protecting public safety from flood, seismic and other hazards. Only accessory buildings or'those structures related to parks and recreation facilities are intended for open space lands. under the City's juric, diotion. This designation may also accommodate certain commercial outdoor recreation uses as a conditional use in accordance with the Development Code. h. Public and Institutional Facilities (Floor Area Ratio of .4 to .7) The public and institutional facilities designation i==!=d==/s intended for a wide range of public and private uses including schools, transportation facilities, government offices, public utilities, libraries, museums, public art galleries, hospitals, and cultural facilities. To the extent possible, public and institutional facilities should be clustered in activity centers to reinforce other uses and benefit from access to alternative modes of transportation. The publie/institutional uses designated on the Land Use Plan are either existing facilities or planned uses based on the best available information. Additional public and institutional uses, including churches and daycare facilities, may be developed in the residential or non-residential land use designations under the procedures established in the Development Code. B. Village Center Overlay - Conceptual Boundaries A primary concept of the General Plan is to promote the development of special Village Centers, with an urban character, at key locations in the City. These centers will help to provide a sense of place and focal points for community activity. The location of the Village Centers are shown on a separate map which is an overlay to the Land Use Plan (Figure 2-4). The overlay defines the conceptual boundaries of future Village Centers. This map is not intended to preclude the creation of other Village Centers within the Study Area, should they be deemed appropriate by the City. The Village Centers are intended to contain a concentration and mixture of compatible uses including retail, office, public facilities, recreation uses and housing, designed to encourage non-automotive modes of transportation. In addition, each Village Center should have design guidelines and development standards to ensure a cohesiveness in development. Several Village Centers are designated within proposed specific plans TEIvI-01W2Op-LND.USE · Draft Date: Januat'y 4, 1993 Page 2-34 CITY OF TEMECULA Land Use Element Legend for Specific Plan Overlay Figure 2-5 (Continued) APPROVED SPECIFIC PLAN AREAS A. Winchester Mesa B. Rancho Spa and Country Club C. Warm Springs D. Silverhawk E. Mountain View F. Margarita Village G. Rancho Highlands H. Paloma del Sol I. Vail Ranch J. Redhawk FUTURE SPECIi~C PLAN AREAS~ K. Winchester 1800 L. Quinta Do Lago M. Murrieta Springs #1 N. Borel Airpark O. Crown Valley Village P. Hot Springs Village Q. Johnson Ranch R. Roripaugh 800 S. Winchester Hills T. Winchester Meadows Business Park U. Temecula Regional Center V. Campos Verdes W. Old Town X. Unnamed Specific Plan Y. Unnamed Specific Plan Za,Z2,Z3. Unnamed Specific Plan AA. Murdy Ranch LOCATION Area of Interest Area of Interest Area of Interest Sphere of Influence Sphere of Influence City of Temeeula City of Temeeula City of Temecula Sphere of Influence Sphere of Influence LOCATION Sphere of Influence Sphere of Influence Sphere of Influence Sphere of Influence Sphere of Influence Area of Interest Sphere of Influence Sphere of Influence/ City of Temecula City of Temeeula City of Temeeula City of Temecula City of Temeeula City of Temeeula City of Temeeula City of Temecula City of Temecula City of Temecula The names of the Future Specific Plan Ar~as are subject to change. T~abl-0x~02OP-t. SD.tlS~ - Draft Date: January 4. 1993 Pag~ 2-38 CITY OF TEMECULA Land Use Element D. Special Study Overlay The Special Study Overlay designation is intended for those areas in the community that require a comprehensive, detaaed evaluation of development opportunities and constraints. The City of ~'emecula will lead the preparation of a special study for the Chaparral area and Nicolas Valley area as shown on Figure 2-6. The land use designations identified on the Land Use Plan are based on existing lot patients, access constraints, iack of infrastructure, topography, and other considerations. The purpose of the special study is to recommend any changes to General Plan land uses based on a detailed evaluation of the following: the pravision of fiood contro~ sewer, water and other services; impacts on surrounding development in terms of traffic, light, noise, and other impacts; methods to provide a transiaon between rural and suburban/urban development; topography and related visual impacts of development; existing lot patteras; traffic circulation and impacts on level of service; vegetation and wildlife resources; and the provision of recreation trails and open space linkages. The special study(s) should also identify a strategy for ~mancing and phasing of infrastructure and other public improvements. Future development must be consiaent with the adopted recommendations of the special study. Should development be proposed prior to completion of the study, the land use should be consistent with the existing General Plan designation. TEM-OlIO2Gp-I, ND.Lt~r · January 4, 1993 Page 242 CITY OF TEMECULA Land Use Element 2. Local and sub-regional traffic generation, circulation patterns and improvements, including the development of transit projects; 3. Location of schools; timing of school development; and related traffic, noise and safety issues; 4. Extension of services and infrastructure, particularly in the Sphere of Influence; Design and development of flood control improvements; habitat conservation, and recreation uses along Murrieta Creek, Temecula Creel~ and other waterways. The interfats of the improvement with the Peohanga Creok alr, o noodr. multi jurisdictional ooordination; 6. Preservation of significant biological resources in cooperation with the State Department of Fish and Game, and the U.S. Fish and Wildlife Service; 7. Mitigation of seismic risks in the location of development in cooperation with the State Division of Mines and Geology; Mitigation of fire hazards, including wildfire hazards, with the County of Riverside; Regional transportation and air quality improvements in cooperation with the California Department of Transportation, Southern California Association of Governments, and the South Coast Air Quality Management District; t0. Regional housing needs assessment for Temecula, prepared by the Southern California Association of Governments; 11. Use and update of the Southwest District Traffic Model in coordination with the County of Riverside; 12. Preparation and implementation of the Western Riverside Council of Government (WRCOG) plans and programs. The WRCOG's plans and programs relevant to the General Plan are discussed in the Circulation Element, Air Quality Element, and the Growth Management/Public Facilities and Services Element; and 13. Preparation of the Comprehensive Land Use Plan and the Master Facilities Plan for the French Valley Airport by the Airport Land Use Commission. G. Capital Improvement Program The City's Five-Year Capital Improvement Program should be reviewed and updated on an annual basis to meet changing needs, priorities, and financial conditions. Consistency between the Capital Improvement Program and the General Plan should be maintained, in accordance with State law. 'rF.M~I'~2Gp-Lt4D.LSS$ · Draft Date: December 21, 1992 Page 2-46 CITY OF TEMECULA Land Use Element H. Incentive Programs Incorporate incentives within the Development Code, incentiv~ to propony o~vnors to encourage property owners to provide ths provieion of additional park and recreation facilities, pmssrv-ation of preserve natural habitat, additional public faciliti~ or improvemente, additional provide additional open spaco linkages to adjacent habitat preserves or parkland, ".~d or provide other public benefits as indicated in Policy 5.1 of the Land Use Element. Such incentives may include, but are not limited to density bonuses, height bonuses, and reduced parking requirements. T'~4-0n02OP-t. ND.~Sa · Draft Date: Dec.~mb~r 21, 1992 Pag~ 2-47 SPECIFIC PLAN AREAS _ ~ Approved Specific Plan ...... . Areas ~ Proposecl Specific Plan Areas CIRCUIATION CITY OF TEMECULA Circulation Element B. Related Plans and Programs The basic framework for the highway component of the Circulation Element was established by Riverside County's Southwest Area Plan (SWAP). This plan which was adopted in 1989, defined a roadway network to accommodate traffic flows which would be generated at build.out of the land uses designated in the Southwest Area Community Plan. While the City of Temecula Circulation Element redefines the planned roadway network within the City's jurisdiction, !he SWAP Circulation Element continues to influence roadway improvement plans outside the City of Terncould. In addition to the SWAP Circulation Plan, the following plans and programs are also relevant to the City's Circulation Element. 1. City of Temecula Five Year Capital Improvement Program (1992-96) This document is the first Capital Improvement Plan (CIP) for the City. It serves as a guidance and planning tool for the provision of public improvements over the next five years. Projects included in the CIP generally include land and right- of-way acquisition, design, construction or rehabilitation of public building, public infrastructure, and other public facilities. The document serves to coordinate the financing and scheduling of major public projects to be undertaken or overseen by the City. Not all pwjeets included in the CIP have budget approval. The City's CIP will be revised on an annual basis to meet changing needs priorities and financial conditions. The following CIP designated projects have particular relevance to the Circulation Element: Butterfield Stage Road extension from La Sererid Way to Nicolas Road; · Diaz Road extension from Winchester Road to Cherry Street (funded by Assessment District 155); · Ynez Road corridor improvements; · Margarita Road interim extension from Winchester Road south to current terminus at General Keamy Road; · Calle Chapos improvement between Nicolas Road and Walcott Road; · Overland Drive overeroasing of 1-15; · Paid Road Bridge at Temeeula R4ves Creek; · Rancho California Road interchange loop ramp; · Winchester Road interchange improvements; · Ynez Road extension to Date Street; and · Date Street overcrossing of 1-15. 'n~-01X0SGP-CaS. CUL · January 4, 1993 Pag~ 3-2 CITY OF TEMECULA Circulation Element 2. Riverside County Congestion Management P!"r. Program The. Riverside County Congestion Management Program (CMP) was adopted in September, 1991 in response to the passing of Proposition 111 (June 1990). Riverside County Transportation Commission (RCTC) has been designated by Riverside County as the Congestion Management Agency (CMA) responsible for preparation and implementation of the C.~P Congestion Management Program. Proposition 111 legislation ~tabliched a number of ne, n requirements governing the State wide procez for planning and funding transportation improvemonte. Vnriou~ mechanisms are provided through the legislation, for the maintenance and improvements of local roads and highv~ayc. as well the funding of mas~ transit and congestion relief programs. The CMP component promoto~ growth management programc whic)a most eff~ctiwoly utilize new transportation funds, relieve traffic congeztion, and improve air quality. RCTC ic in the prooo~ of defining the CMP roadway o°ystem which will serve as the basis for tasting and monitoring the performance of the CMP. All local jurisdiotions will be rosponnible for determining the impacts of looal developmentAerial use decisions on the CMP roadway zystem, This as~asmvat mtmt inolude the r~ultant impnora on C, MP system L~,~sl of Servioe (LOS E is standard) as well as east ~stimate~ to mitigate the identified impact:.. Only jurisdictions which have adoprod a Transportation Uniform Mitigation Fee CTUMF') xvould ba exempt from the Development lmpaot Study roquiromentc. All juri:dictiona within Riverside County will be required to adopt and implement a Transportation Demand I~Aanagement Ci'DM) Ordinan~ (by September 1992) and develop a deficiency plan when L~vol of Service on the CMP system falls below "E". Adoption and conformanoo to transit performanc~ :tandards will als~ be a requirement of the CMP. Under the CMP eonformance and monitoring process, the gouthorn California A~sociation of Government~ (SCAG) must find the CMP consistent with the Regional Mobility Plan (RMP) and Air Quality Management Plan (AQMP). Conformanc~ with the CMP by local jurisdic¢ions w~ould faoilitate qualifying for eligibility for new gee tax monio~ generated through Proposition 111 gas tax Proposition 111 legislation established a number of new requirements governing the State-wide process for planning and funding transportation improvements. Various mechanisms are provided through the legislation, for the maintenance and improvements of local roads and highways as well as the funding of mass transit (e.g. bus and rail wansportation systems) and programs which relieve traffic congestion. The Congestion Management Program is a component of Proposition lli which promotes measures aimed at managing growth including programs which most effectively utilize new transportation- related funds, relieve traffic congestion, and improve air quality. TEM-0I',D~GP-CIR.CUL , January 4, 1993 Page 3-3 CITY OF TEMECULA Circulation Element The Riverside County Tran.~portation Commission is' currently in the process of defining tt, e County roadway .system component~ which will become the official CMP roadway system. Traffic operating conditions on the CMP roadway network will serve as a basis for testing and monitoring how well the Congestion Management Program is performing. All localjurlsdictions will be responsible for determining the impacts of local development/land use decisions on the CMP roadway system. This assessment must include the resultant impacts on CMP ~ystem Level of Service (LOS E is standard) as well as cost estimates to mitigate any identified impacts. Only jurisdictions which have adopted a Transportation Uniform Mitigation Fee (TUMF) wouM be exempt from the Development Impact Study requirements. All jurisdictions within Riverside County will be required to adopt and implement a Transportation Demand Management (TDM) Ordinance (by December 1992) and develop a deficiency plan when Level of Service on the CMP .system falls below "E ". Adoption and conformance to transit performance standards will also be a requirement of the Congestion Management Program. Under the Congestion Management Program conformance and monitoring process Southern California Association of Governments (SCA G) must find the program consistent with the Regional Mobility Plan (RMP) and Air Quality Management Plan (AQMP). Local jurisdictions which conform with the Congestion Management requirements would be eligible for new transportation- related funds generated through Proposition Ill gas tax increases. 3. SCAG 1989 Air Quality Management Plan and Regional Mobility Plan The goal of t~ia ~!"x Senthem California Association of Governments (SCAG) 1989 Air Quality Management Plan (AQMP) is to set forth a 20-year action program for attr. ir.i::.g meeting improved h~ National ~ Air Quality Standards in the South Coast Air Basin by the year 2007. Section 176 (c) of the Federal Clean Air Act ctat~; that metropolitan planning organizations (SCAG in the South Coast Air llhsin) may not approve any projeat, program, or plan which doe,: not ~nform to the State lmplemantation l~lan (SIP). The faderally required Regional Tram;portation lmprov, oment Program (RTIP) is a se,,q3n :rear program of trancportation projects for the geographic area whic~h inoludes the 8outh Coast Air Basin. The RTIP must be consistent with 8CAG'c Regional Mobility Plan (RMP) as v/all az the approvod SIP in this region. Tran~.~portation projoclc included in the 198,9 Regional Mobility Plan, by definition. meet the test of AQMP and SIP conformity for years 3 through 7 of the RTIP program. Conformity for years 1 and 2 of the RTIP program require apooial air quality analysi,: procedurec to be performed on all transportation projects prior to their inclusion in the short range element of the RTIP. Federal and State funding for transportation projeots cannot be obtained until those projeotc are inoluded in the short range element (year 1 and 3) of the RTIP. PaSo ~ CITY OF TEMECULA Circulation Element The primary goal of the Regional Mobility Plan (RMP) is to ~ improve t4~e transportation mobility levels ef 19_.°~. The RMP is part of an overall regional planning process and is linked directly to SCAG's Growth Management Plan, the Housing Allocation Process, and the SCAQ,V,D South Coast Air Quality ManagementDistrict'sAlt Quality Management Plan. The RMP consists of four separate elements: · Growth management · Transportation demand management · Transportation system management · . Facilities development The intent of the RMP is to give priority to all transit Cons and rail) and fide sharing (HOV) projects over mixed flow highway capacity expansion projects. Transit and ridesharing facilities are exempt from conformity review. Some other projects exempt from conformity assessment include: Modification to ramps/interchanges Ramp metering projects Signals and/or intersection improvements Primary and Interstate system safety projects The active participation of local governments in transportation conformity is important to ensure that there is consistency between local general plans and the conformity criteria described in the regional Air Quality Management Plan (A QMP). All local jurisdictions are required to submit their new or updated general plans to SCAG for a conformity review with the AQMP/E!P. In order to bo considered with th8 SIP, a A General Plan should include a program to implement, at the local/regional level, the transportation, land use, and energy conservation control measures contained in the AQMP. Once a local jurisdiction has established its General Plan to be consistent with the AQMP/S:P, further conformity reviews would be limited to annual cumulative impact review performance. If the local jurisdiction General Plan is determined to be non-conforming, then the general plan would need to either be modified to bring it into conformante o_r the local jurisdiction would be required to submit environmental studies for all regionally significant general development projects to SCAG for review. 4. Caltrans District 8 Regional Transportation Strategies Plan This Caltrans District 8 document updated in October, 1991 is a key component of the Distriet's long-range comprehensive transportation planning effort. The primary objective of the Regional Transportation Strategies Plan (RTSP) is to provide information concerning future trends and expected community impacts and to develop a coordinated program to alleviate traffic congestion. Page 3-5 CITY OF TEMECUI_.A Circulation Element In the past, new residential developments were sometimes designed in a manner which over-emphasized on-site circulation system efficiency. These layouts often resulted in local residential street continuity "through" the project. Although at the site level, the circulation .system design appeared to be very efficient, little thought was given to the interaction of the on-site circulation system with the off-site system. More ~7~eci~cally, the potential for outside traffic u.sing the continuous local residential streets within the project as "short cuts" was not considered. A better balance needs to be maintained between project circulation system efficiency and potential traffic impacts on residents. This needs to be given more consideration during project review. : The efficiency of the future transportation system would be maximized through the provision of a well-balanced system which incorporates multiple modes of transportation as well as a program of Transportation System Management CYSM) and Transportation Demand Management CI'DM) techniques. While some forms of transportation, such as fixed light rail transit, may not be economically t~asible for some time, advanced planning in the form of corridor identification and right-of-way opportunities needs to be addressed in the very near future. The coordinated and timely implementation of roadway system improvements in the community has been lacking due to several factors including funding problems. The City should identify and develop alternative funding mechanisms to allow more control of implementation. Such alternatives could include: an Off-Site Road Fee Program for new development; additional Assessment/Community Facility Districts for improvements not included in existing Districts; gas tax revenues; and Measure A revenues. T~.M-O~O3~p-ClR.CI.~L · Jnnt~ty 4, t993 Page CITY OF TEMECULA Circulation Element III. GOALS AND POLICIES Goal 1 Strive to maintain a Level of Service "D" or better at aH intersections within the City during peak hours nnd Level of Service "C" or better during non- peak hours. Discussion The level of service concept is defined as a qualitative measure describing operating conditions at an intersection or along a roadway segment. A level of service definition generally describes operating conditions in terms of factors such as speed, freedom to maneuver, traffic interruptions, delay, comfort and convenience, and safety. Level of Service "D" is typically considered tolerable if limited to the peak hour periods when traffic flows are heaviest. The stated level of service goal serves as the foundation for providing a street network that moves people and goods safely and efficiently throughout the City while ensuring that traffic delays are kept to a minimum. Policy 1.I Policy 1.2 Policy 1.3 Policy 1.4 Policy 1.5 Establish street standards and all new roadway facilities shall be constructed or upgraded to meet City standards where feasible. Require an ~ evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, project development. Use the Circulation Element Roadway Plan to guide detailed planning and implementation of the City's roadway system. Pursue trip reduction and transportation systems management measures to reduce and limit congestion at intersections and along streets within the City. Periodically Update every three years, or as needed, "build-out" traffic forecasts to monitor the impact of development approvals and the adequacy of the Circulation Element Roadway Plan. Goal 2 Enhance traffic safety on City streets. Discussion The safe operation of vehicular traffic on City streets is a concern of both City officials and residents of the community. The following policies are directed towards minimizing safety hazards and encouraging safer operating conditions on City streets. Policy 2.1 The City shall enforce speed restrictions throughout the City. Page 3-9 CITY OF TEMECULA Circulation Element Policy 2.2 Policy 2.3 Policy 2.4 Policy 2.5 Require that future roads and improvements to existing roads be designed to minimize traffic conflicts such as those which result from curb parking maneuvers and uncontrolled access along heavily traveled roadways. Require that the development of new private driveways do not introduce significant traffic conflicts along major streets and primary residential collectors roads. Require that vehicular and pedestrian traffic be separated to the maximum extent feasible. Establish an ongoing maintenance. program to ensure the safety of the City's roadway system. Goal 3 A regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. Discussion Future development within the City will create additional travel between Temecula and other population and employment centers within the region. Special efforts will be needed to adequately and efficiently provide for regional travel demand. Policy 3.1 Support the completion of the Riverside County Master Plan of Arterial Highways. Policy 3.2 Actively pursue the construction of a new interchange north of Winchester Road and other recommended system improvements outside tho City limit~ its jurisdiction in cooperation with Caltrans, the City of Murrieta, Riverside County, and local developers. Measures should be taken to preserve anticipated right-of-way needs and to identify funding mechanisms for the interchange improvement. Policy 3.3 Actively pursue the improvements to existing interchanges within the City and construction of new overpasses as required to achieve the adopted service level standards. Policy 3.4 Coordinate with the Riverside Transit Agency to provide fixed route transit service (bus or shuttle) along major transportation corridors connecting to regional employment and commercial areas, airports, health care facilities, and major recreation areas. Policy 3.5 Provide for express transit service through implementation of park-and-fide facilities along regional transportation corridors. TF.M-OI%O3Qp-C:~P~CUL · January 4, 1993 Page 3-10 CITY OF TEMECULA Circulation Element Policy 4.6 Policy 4.7 Policy 4.8 Policy 4.9 Policy 4.10 Policy 4.11 Provide a comprehensive system of Class l and/or Class II bicycle lanes to meet the needs of cyclist traveling to and [rom work and other destinations within the City. Encourage a complimentary mix of uses within a project designed to maximize internal trip making, maximize the use of parking facilities, and to promote a shift from auto use to pedestrian and bicycle modes of travel. Encourage the provision of additional regional public transportation services and support facilities, including park-and-ride lots near the 1-15 freeway and within village centers. Require all major non r~idontial and mixed ur~ projeots ~vith high traffic generation potential to ds,/elop a travel demand management plan. which nan be implemented by the project tonant~ Require transportation demand management plans to be submitted for preliminary review at the Specific Plan or Plot Plan stage of site development and submitted for final approval prior to the issuance of buiMing permits, in accordance with the City's Transportation Demand Management Ordinance. Encourage the implementation of employer Travel Demand Management CI"DM) requirements included in the Southern California Air Quality Management District's Regulation 15 of the Air Quality Management Plan. The City shall establish a local Congestion Management Plan and monitor the performance and effectiveness of travel demand management programs within the City. Goal 5 An adequate supply of private and public parking to meet the needs of residents and visitors to the City. Discussion The need for adequate private and public parking is fundamental to good community planning. A shortage of parking can cause circulation problems and loss of business activity. Zoning ordinances which specify the minimum parking requirements for various types of land uses should be periodically updated to respond to the dynamics of trip generation and parking characteristics throughout the City. As the City develops it will become increasingly important to provide adequate off-street parking in non-residential areas to minimize the disruption to traffic flows caused by curbside parking activity along heavily traveled streets. Policy 5.1 Enforce City parking ordinances and standard design requirements which apply. ll~M-OI,II3Gp-CIR.CUL · January 4, 1993 Page 3-12 CITY OF TEMECULA Circulation Element Policy 5.2 Policy 5.3 Policy 5.4 Policy 5.5 Policy 5.6 Policy 5.7-6 Require the consolidation of parking, and related circulation facilities, where appropriate, to minimize the number of ingress and egress points onto arterials. Provide additional public parking in the Old Town area where feasible through common parking ~ areas or eslablishment of a parking district. Require project developers to provide adequate on-site parking and/or to contribute to a program to acquire and maintain off-site facilities. Encourage underground parking or parking structures where economically feasible in commercial areas. listablish a parking district in Old Town area. Encourage joint development of parking facilities (e.g. joint-use of parking facilities) where feasible to maximize the efficient use of available parking. Goal 6 Safe and efficient alternatives to motorized travel throughout the City. Discussion The successful promotion of alternative modes of transportation such as bicyele, pedestrian, and equesD'ian modes require that facilities which support these modes provide convenient access and are designed in a manner which promotes safety. Policy 6.1 Promote the safety of pedestrians and bicyclist by adhering to uniform wail standards and practices and communicating safety practices to the public. Policy 6.2 Off-street bicycle and equestrian Wails should minimize the number of locations where automobile cross Waf~c will be experienced. Policy 6.3 Ensure accessibility of pedestrian facilities to the elderly and disabled Policy 6.4 Traffic signals located along bike routes and where significant pedearian activity is present shall be properly timed .and periodically adjusted to allow for the safe movement of these non-motorized modes. Policy 6.5 Adequate linkages shall be provided for non-motorized modes, between residential areas and commercial/employment activity centers, public institutions, and recreation areas. TreM.OB03Gp~IILCUL · January 4, 1993 Page 3-13 CITY OF TEMECULA Circulation Element Policy 6.6 Motorized vehicles and motorized cycles shall be prohibited from using the City's recreation trail system. Goal 7 A truck circulation system that provides for the safe and efficient transport of commodities and also minimizes noise, air pollution and traffic impacts to the City. Policy 7.1 Designate primary truck routes on selected arterial streets to minimize the impacts of truck traffic on residential areas. Policy 7.2 Require loading areas and access ways for trucks that minimize or eliminate conflicts with automotive and pedestrian areas to maintain safe and efficient traffic circulation. January 4, 1993 Page 3-14 CITY OF TEMECULA Circulation Element IV. CIRCULATION PLAN The Circulation Plan developed for the City of Tomecute has been designed to meet the following objectives: To provide adequate capacity to accommodate the travel needs resulting from the General Plan Land Use Element as well as from anticipated development in adjacent Riverside County and City of Murrieta areas; and · To maintain a positive quality of'life in Temecula. The proposed Circulation Plan for the City of Temecula and Sph~r~ of In~uen~ and Area ~ Sphere/Area of Interest is illustrated in Figure 3-1. Figure 3 1 alepleAs the roc. ommondod circulation system for aro~ outsid~ the City and Sphere and illustrntec the continuity and interamion of the City's Cimuiation Plan with the surrounding ciraulation ~ Figures illustrating the planned continuity and interaction of the City's Circulation Plan with the surrounding circulation system are included in the General Plan EIR Appendix, Volume IIL A. Principal Plan Features While all components of the Circulation Plan. are important, some of the Plan features are being highlighted in this section. These features have been selected based on one or more factors: The facility serves as a primary traffic carrying arterial within the City; The facility represents a significant change from the previous SWAP Circulation Element; and/or The facility/corridor includes special design features or serves a special function. The principal features of the Circulation Plan include: Designation of Winchester Road, east of Jefferson Avenue, as an "access restricted" Urban Arterial with special added easements reserved for future transit or travel demand management use. · Designation of State Route 79 (south), east of 1-15, as an "access restricted" Urban Arterial to Butterfield Stage Road and an "access restricted" A~terial east of Butter~eld Stage Road. · Designation of Butterfield Stage Road as an "access restricted" Arterial north of' State Route 79 (south) except for the segment between Nicelos Road and Borel Road which would be an "access restricted" Urban Arterial. TEM-01~aGp-CIR. CUL · January 4, 1993 Pag~ 3-15 CITY OF TEMECULA Circulation Element VI. GLOSSARY OF TERMS AQMP (Air Quality Management Plan): A comprehensive policy document that delineates goals. policies, pollution reduction strategies, and implementation responsibilities for improving air quality in the South Coast Air Basin. CIP: Capital hnprovement Plan. CMA (Congestion Management Agency): A long-range comprehensive transportation planning document prepared by Caltrans District 8. CMP (Congestion Management Program): A program overseen by the Riverside County Transportation Commission which promotes growth management policies, development of mass transit, traffic congestion relief programs and improved air quality throughout Riverside County. HOV (High Occupancy Vehicle): Used to describe special lanes on freeways and other roadways which are reserved for carpool vehicles and buses. LOS (Level of Service): A qualitative measure of traffic operating Conditions.. Level of Service range from A (free-flow conditions with no congestion) to F (gridlock conditions with severe congestion). RCTC (Riverside County Transportation Commission): A commission appointed by Riverside County to administer the Measure A Transportation Improvement Program... RCTC has also been designated by Riverside County as the Congestion Management Agency responsible for preparation and implementation of the County's Congestion Management Program. RMP (Regional Mobility Plan): A comprehensive policy document prepared by the Southern California Association of Governments which consists o f four elements--growth management, transportation demand management, transportation system management, and transportation facilities development. RTIP: Regional Transportation Improvement Plan RTSP (Regional Transportation Strategies Plan): A long-range comprehensive transportation planning document prepared by Caltrans District 8. SCAG (Southern California Association of Governments): The metropolitan planning organization for the six-county region which includes Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Courtties. SWAP (Southwest Area Plan): The land use/circulation plan developed by Riverside County for the southwes~ portion of Riverside County. The currently incorporated Cities of Temecula and Murrieta make up a large portion of the Southwest Area Plan. 3-30 CITY OF TEMECULA Circulation Element TDM (Transportation Demand Management) : The management (reduction) of vehicular traffic generation through measures which promote carpooling, use of alternative modes of transportation and staggered work hours or~ex time (which reduce trips during traffic periods9. TSM (Transportation System Management): Involves low-cost measures which maximize the efficiency of the local roadway system (e.g. intersection improvements, smart signal systems, completion of missing links or bottlenecks, etc.). TUMF (Transportation Uniform Mitigation Fee): A standardized fee schedule applied to new development for the purpose of mitigating development related traffic impacts. Fees collected under this type of mitigation program are used to implement areawide transportation improvement. TF..M.OI~0IGP-ClR. ClJL · January 4, 1993 Pag CIRCULATION PLAN ,~,~. The City of TEMECULA (}cn=ral Plan Pro_gram 'qP' ,RE 42 Chapter Four HOUSING CITY OF TEMECULA Housing Element provided as a range to reflect development at minimum as well as maximum permitted densities. Utilizing a generation factor of 2.83 petsons per dwelling unit, this corresponds to a population between 7~,~2~, 78,671 and lelS,gel 145,650 persons. Table 4-2A summarizes the number of dwelling units and projected population by residential designation. Projections for the Sphere of Influence and Area of Interest are also shown in Table 4-2A. The City has established target development density/intensity standards for some residential designations and a//non-residential land use designations. Future residential development for Very Low, Low and Low Medium designations is expected to occur at target density levels shown in Table ~--2B. Development at a density between the target and maximum level for these designations may occur at the discretion of the Planning Commission/City Council in exchange for special public benefits. Development of affordable housing has bsen identified as suoh a benefit. A target density standard is not applied to the Medium (8 - 12 du/ac) and High (13 - 20 du/ac) density designations. Table 4-2B shows the number of dwelling units and projected population at buildout. As shown, development of target densities will yield 29,~.22 39,658 dwelling units at buildout, and a population of ~' ~ e.~ 112,254 in the City. Projected dwelling units and populations are also provided for the Sphere of Influence and Area of Interest. Tr~I-OX~4GP-~OU.SNG * January 4, 1993 Page CITY OF TEMECULA Housing Element industry is dependent on a skilled labor force, and according to the Temecula Valley Chamber of Commerce's Community Economic Profile. the majority of the labor force has either a bachelor degree or received technical school training. Temecula Creek Inn which is a prominent component of the City's tourist industry, is the largest service- oriented employer. Temecula Valley Unified School District is the largest public employer, with over 600 employees. D. Household Characteristics 1. Average Size 1990 Census indicates that the avenge household size for the City of Temecula was 2.97 persons. This figure is slightly higher than the average household size for both the incorporated and unineorporated portions of Riverside County of 2.91 persoas~ According to the Department of Finance, the average household size in 1991 for Temecula and Riverside County is 3.0 and 2.9 respectively. 2. Income The median income for the 1991 Fiscal Year for the Riverside-San Bernardinn Metropolitan Statistical Area, which includes the City of Temecula, is $36,000. The median income is less than that estimated for the nation and the State of California. The Department of Housing and Urban Development estimates the national median income at $38,000 and State median income at $42,700. Ths following table idanti~ the number of hotw,~holds in Tsmsoula by incamS. Th~ income ostimate~ wera propared by di,,aggregating 1980 and 1990 Table 4-4 shows the number of households in the City by 1989 income, us reported in the 1990 Census. The median household income was reported at $44,270, and is significantly higher than the 1991 median income estimate for all of Riverside County at $36,000.4 The number of houaoholdr, in the table dora not equal thc 1990 Cotra~ figtam. Thic dic, eetpanoy ic unavoidable a~ pwv~oug Ccr-"" dam ic not available for the CAty alone. Ths~fove innnine ec, timnt~ had to be derived from 1980 Cormua data and pwjeatioea for the previouo cenc~u~ area that generally o~rresponda to City boundaries, The household income ,4.t,, shown in Table 4.4 is derived from self-reported Census quaMiens regarding 1989 income. The median income examate for Riverside County is for the year 1991. Therefore, the comparison between Temecula and Riverside County m.,t~_on income is only of a general nature, and cannot account for the difference in time periods. T~rd..0t~04GP-HOU.S~IO * JaHuafy 4, 1993 Page ,4-8 CITY OF TEMECULA Housing Element Ta~!: ~. ~. City of Tomoe~la 1990 Bstimato of Itour~hold Income Heeeeheide Pcr,nRI 1,317 940 :' Table 4.4 City of Temecula 1990 Estimate of Household Income Income Category I Houaehold~ . Percent of Tot~l Households ~O00,ana up . 1,S3S I~8 Madin Income $44,270 Average Income $49,8~ To calculate existing and future housing need by income level, the following household income classifications are established by State Law: Very Low Lower Moderate Above Moderate less than 50% of median income 50% - 80% of median income 80% - 120% of medina income more than 120% of median income Low - a combination of very low and lower households The area median income established by HUD, $36,000 was utilized in calculating the number of households by income group. This method is consistent with definitions of low-and moderate-income households used in various Federal and State housing programs, e.g., Section 8 and State Density Bonus Law. To estimate the number of Very Low, Lower, Moderate and Above Moderate income households in the City of Temecula, the 1990 household income estimates · derived from Census data, and shown in Table 4-4 were used. Table 4-5 TEb~-OI',O4GP-HOU~(} · January 4, 1993 PaBc 4-9 CITY OF TEMECULA Housing Element provides a break-down of Teraeeula households in terms of the four income classifications? Tz~.e -!. g City of Temoeuln 1990 Number of Houc, ohold~ by Income Croup ~ In°am° Clrttlfieation ao In~mme Critcrle Parapet ef County Median '-' .... 80*L 12,09C inecmo ,,,,o °M ,,, ,~^ AbOve k~d0mto groat0r than 130% 31.1 Table 4-5 City of Temecula 1990 Number of Households by Income Group Income Group Very Low Income Lower Moderate Above Moderate ] Totel Income Classification as Percent of CoonIF Median Income Im than 50~ Income Criteria leas than $18,000 $18,000.28,800 $28,800.43.200 $43200 and up Numhar 1210 132 f~,g~ 14.2 1,943 212 4,712 51.4 ;.'" l ,oo.®1 As shown in Table 4-5, approximately one-quarter of all households in Temecula are classified as low income, or earning less than 80 percent of the median area income. Three-fourths of all households in the City are Moderate or Above Moderate. The Above Moderate category constitutes the largest income category, accounting for slightly more than 50 percent of all Temecula households. The income categories shown in Table 4-4, e.g., 0-$14,999, do not correspond directly to the income criteria for Very Low, Lower, Moderate and Above Moderate income households shown in Table 4.5. In order to estimatc the number of households within each of these classifications, the income categories in Table 4-4 were broken down into smaller increments, i.e., a span of $100. The tom] bouscbolds were then allocated to each of these increments, assuming a uniform distribution. The increments were then added according to the income criteria for Very Low, Lower, Moderate and Above Modcratc income households. T~M-OZ~04OP-HOU.~htO * January 4, 1993 Page 4-10 CITY OF TEMECULA Housing Element The range of rental prices by unit type are provided in the Table 4-11. Apartment Complex Acacia 29605 Solaria Margaft, a Summit 42200 Margarita Morning Ridge 30660 Milky Way Oak FUdge 42168 Stonewood Rd. Park Manor 29477-29483 Rancho Cafifomia Rancho West 28t>80 Pujol Summerbreeze Sycamore Terrace 41770 Morgaitta Terrace Ternecuia Villas 28801 Pujol Vintage View 29500 Mira Loma WoodCreek 42200 Moraga TOTAL Table 4-11 Rental Prices of Market Units Prlce J Units Price I Units 5yr~. $625-635 128 $T/'5-785 192 5 yr~. none none $675-770 140 4 yr~, $,535 48 $635 152 5 jn~, none none ,$510..545 318 5yt~, $344 280 $413 120 4yrw. $470 38 $530 112 5 yr~. none none $680 124 5yr~. $555-570 48 $600-645 176 5 ~ $427 24 ,$514 24 6 }q't $560 84 $625 136 6yrs. $525 172 $550 110 3Bed riofie none riofie TOIIJ 3 rlone 65J Act'sage Du/Ac 320 1&O 20.0 143 17.4 82 200 18.2 13.2 318 15.2 21,0 400 21.5 18,7 150 10.5 14.2 124 9.5 3.0 224 12.8 17.5 48 10.9 220 &8 25.1 344 20,7 I&7 2,4914 tsB.3} '~5.71 Utilizing HUD's definition of affordability i.e., 30 percent of monthly household income towards housing costs, an analysis of the number of apartment units that provide affordable rental rates per income group was estimated. In order to relate household size to housing affordability, income levels for both two and four person households were utilized. 7 Household income is a function of family size. Households with fewer persons have lower income thresholds in terms of income cltws(fwations, e.g., Vely Low, Lower. Two and four person households are used in this analysis in order to relate household and unit size to market rate affordab'dlty, The rn~dian income used in determining future housing ned i~ based on the median income of all households in Temecula, and is not xpecifw to household size. 'I~-OI~O4OP-HOU~NO "January 4, 1993 Pa~c 4-15 CITY OF TEMECULA Housing Element Table 4-12 shows the maximum rent for a two-person household (provided as a range to provide upper and lower thresholds) that could be charged relative to each income group in order for the unit to be considered affordable. '/'Ebl..01'~04OP-HOU.~'qC3 · January 4, 1993 Page 4-16 CITY OF TEMECULA Housing Element Table 4-12 Market Rate Affordability of Rental Units: l~vo Person Household Income Group Yearly Income Ma~ Rent' I Total Units Percent of Total Units Ve~ Low - < 50~ les~ than $14,400 ,: than $360 280 11 Lower. 50.801; $14,40D.23,050 < than $575 1,378 55 Moderate. 80. 100~ $23,0~0.28,800 < than $720 2, 156~ 86 Above Moaerate · $28,800434,550 < tITan $860 2,491 (all) 100 100. 120% oosa Is an mooep4,d cleftuition ol efl~ it4vjslag.) tMvjmum ent f~r M~denste hs~e ~usei~ ler, lt ls N~ognlted thal a p~ of b litO unlte would be lle~y Souras: The Planning C,nUr, Augus~ left. According to the above analysis, 280 units in the City are affordable to Very Low income, two person households. To fall within an affordable rent range for a two person househoM earning less than $14,400, or a Very Low income household, a unit must be priced below $360. Park Manor is the only complex with units priced within this range. The majority of units that would accommodate two persons i.e., one and two bedroom apartments, are affordable to Lower income; two person households. Moderate and Above Moderate income two person households are availed of most, if not all, rental units at affordable rents including larger units, i.e., three bedroom units which exceed minimum space requirements. Four person households generally require a two or three bedroom unit. Exaa size specifications, as discussed in the Overcrowding analysis, is dependent on the ages of persons in that household. To account for minimum size requirements, the following affordability analysis of market rate rental units is restricted to two and three bedroom units, and does not include the one bedroom units. Table 4-13 shows the market rate of affordability of two and three bedroom units relative to each income classification. Table 4-13 Market Rate Affordability of Rental Units: Four Person Household Income Group Yearly Income Max. Rent' Total Units VeryLow-<5(W. Imm than $18.000 <than$450 4L----------------~41~0 Lower - 50- 80% $18,000-28.800 < ~ $7~0 ~;~ 1,3~4a Moderate- 80 - 100% $28,800-36,000 < ~ $1,080 '~ *"' 1,669 (all) AIx~m Moderate - $36,000-$43,200 < ~an $1,080 '~ '~' I,C~ (all) 100 - 1~% Percent of Total G~e Two and ~ Three Bedroom Unite -1-~7 100 100. TEM-01V)4OP-HOU.NNO * January 4, 1993 Page 4-17 CITY OF TEMECULA Housing Element As shown Table 4-13, a total of d24 120 units (or seven percent) are affordable to Very Low ineome four person households. Affordable housing for this group are those units charging rents less than $450 per month. Such units === ~c. are located only at Park Manor. and Tomooula Villas. Rente for a minimum 2,156 unite fall within the range considered affordable to Lower innnine households, i.es., $~150 to $720. As riotad in Tabl6 ~ 12, t~vo bedroom units at Margarita Summit range $650 to $770, whioh indieat~ that some of this l'10 units would alan be affordable to Lower income hoursholds. (Absent a spsoifio brealcdown of units by rent, thor~ units w~r8 oxoludsd from tho figure of 3,156 affordable unite.) Unite at Aeaoia and Margnrita gumreSt Apartments, t~vo and throe bedroom unite r~spoetively, would not be in an affordable prio~ range to Lower inoom~ households-, The majority of two and three bedroom units, 80 percent, are affordable to Lower income, four person households. As noted in the table, this figure is likely to be higher as it does not include units located at Margatita Summit. All of the two and three bedroom apartment units in the City are affordable to Moderate and Above Moderate four person households. The above analysis is intended only to provide a general comparison between prevailing rental rates, household size, and income characteristics. of T6moeula households. The actual affordability of a unit is dependent on the actual income of a household and other factors which influence housing choices such as amenSties cpaos r~quir~msnts and deposits/conditions of leases. 5. Housing Condition The majority of the City's housing stock is less than 30 years old - the standard for rehabilitation of units. However, a number of older residential tracts exist in the City. A windshield survey of the older residential portions of the City was conducted to assess the need for rehabilitation and replacement. The assessment was based on exterior ground level inspection, and focused on the identification of units in need of major rehabilitation or replacement. A unit in need of major rehabilitation was defined as one which, in its present state, materially endangers the health, safety, or well-being of its occupancy in one or more respects, and which is economically feasible to repair. Major structural features such as roofing, exterior walls and porches were assessed in making this determination. A unit in need of replacement utilizes the same standard, with the exception that the unit is not economically feasible to repair. A number of units near the Old Town, west of the 1-15 freeway were characterized as in poor condition, and in need of major rehabilitation or replacement, Approximately six units were determined as in need of replacement, and twelve in need of major rehabilitation. Units in the Old Town area, as well as other pockets of the City, exhibited the ne.~l for minor rehabilitation. These units, (approximately seventy-five such units throughout the City) are structumlly sound, yet are in need of painting, window repair or overall general maintenance. TI~-OI~O4OP-HOD~O · January 4, 1993 Psg= ~-18 CITY OF TEMECULA Housing Element City of Temecula, approximately 14 percent of all owner households are over 65, and 6.2 percent of all renter households are over 65. According to the State Department of Finance, the majority of elderly persons in California. The high rate of ownership would appear to place the elderly an advantage relative to other population groups in terms of housing needs. However, many elderly live on fixed incomes and occupy older homes. These factors make paying for needed home repairs and maintenance difficult. Obtaining affordable housing is particularly difficult for elderly renters living on a limited, fixed income. First, their incomes do not keep pace with increasing rental prices due to inflation. Second, elderly renters have a more limited range of options to address increasing housing costs compared to homeowners. For example, renters do not have accumulated home equity nor can they typically obtain additional income by subletting their units. Creekside Apartment on Pujol Street provides 48 Senior citizen Section 8 units. As of August 31, 1992, there were seven households in need of rental assistance on the Section 8 waiting list maintained by the County of Riverside Housing Authority. This provides some indication of the need for affordable rental housing for this group. In addition to directly subsided units, the City should promote living arrangements, such as Second Units and Shared Living, that provide low-cost living alternatives for the elderly. 2. Handicapped Households Two major housing needs of the disabled are access and affordability. Access is particularly important for the physically handicapped. Physically handicapped persons often require specially designed dwellings to permit access both within the unit as well as to and from the site. The California Administrative Code Title 24 mandates that structural standards of public buildings, including motels and hotels, permit wheelchair access. These standards, however, are not mandatory for either new single or multifamily residential constrnetion. Like the elderly, the handicapped also have locational needs. Many desire to be located near public facilities, particularly public transportation facilities. A number of disabled persons receive Supplemental Social Security Income (SSI) and are on fixed incomes. Increasing inflation and housing costs adversely affect these individuals in terms of securing housing. Census data on the number of handicapped persons in the City of Temecula is not available. According to the Handicapped Law Compliance Office, there are approximately 27,000 handicapped persons in Riverside County. The population of the Temecula, according to 1990 Census data, accounted for approximately 2 percent of the total population in the County. Utilizing this percentage, there are TEM.OI~O~43P-HOU.S~O · January 4, 1993 Pa~ 4-20 CITY OF TEMECULA Housing Element potentially approximately 540 handicapped persons in Temecula. As of August 31, 1992, there were six households in need of rental assistance on the Section 8 waiting list maintained by the County of Riverside Housing Authority. 3. Single Parent Households The number of single parent households, and female-headed households in particular, has rapidly increased over the past few decades. Divorce has been a major factor in the rise of single parent households. When a couple splits, two households are ereate/i, and the money available for each new household for housing is reduced. The problem of finding affordable housing is exacerbated for female-headed households as the following characteristics prevail in this group: low rate of home ownership, high poverty rate, and lower incomes.a According to the 1990 Census, there are 223 single male parent households, and 530 single parent, female headed households in Temeeula. The Census provides data on the number and type of households in the City that are below the poverty line. Poverty Fatus is a function of the relationship of income to number of children in a household. The average poverty threshold in the 1990 Census was $12,674 for a family of four. The 1990 Census shows 227 female headed households below the poverty line, or percent of all households in the City. This figure represents, at minimum, the . number of female headed hoasehoids that may experience difficulty in obtaining affordable housing. Alternative living arrangements such as shared living provide low cost housing options for single parent households. In addition, these arrangements can provide support in rearing children. 4. Large Households Large households are defined as households with five or more persons. The 1990 Census reported 1,336 households with five or more persons. Of this total number 911 households were comprised of five persons, 294 of six persons and 131 households of seven or more persons. A breakdown of large households by tenure is provided in Table 4-14. For a discussion of housing needs of women headed households see "Women and Shelter: Needs and Issues:, Housing issues of the 1990s, Eugenic Ladnet Birch, edited by Sara RosenbetTy and Cheater Hartman, Praeger Publishers. 1989. T~M-01%0443P-HOU~NO · January 4, 1993 Pagc 4-21 CITY OF TEMECULA Housing Element Table 4-14 City of Temecula Large Households by Tenure Number of Persons in Househ~d Owner Occupied Renter Occupied Rye 664 247 Six 204 90 Large households are included as a special needs group because they require larger dwelling units. In addition, this special needs group experiences a high incidence of poverty. Difficulties in securing housing large enough to accommodate all members of a household are heightened for renters, because rental units are typically smaller than single-family units. According to Table 4-11, which lists apartment units by size, there am relatively few units in the City that could accommodate large households, without creating overcrowded conditions. The majority of apartments are one and two bedroom units, which can accommodate no more than 3 and 5 person households respectively to avoid overcrowding, as defined by Ceusus.9 There are only a total of 65 three bedroom rental apartment units in the City, which could provide sufficient space to accommodate other large households. In terms of households in need of affordable housing, the Housing Authority and Section 8 property managers note a strong demand for Section 8 assiaed, two and three bedroom units. As of August 31, 1992, there were six large households in need of rental assistance on the Section 8 waiting list maintained by the Riverside County Housing Authority. This provides some indication of the need for affordable rental housing for this group. 5. Farm Workers Agriculture is a predominant industry in Riverside County, and the area is divided into four distinct agricultural districts. The City of Temecula is located within the San Jacinto/Temecula agricultural district. The 1990 Census reports 339 persons employed in farming, forestry and fishing occupations. There are no current agricultural opcratious in the City, but nearby wineries represent an employment base for migrant farmworkers. A one bedroom unit is assumed to have one kitchen, one dining and one living area for a total of four rooms; and a two bedrourn unit is likewis~ assumed to have ouc kitche. n, one dining and ouc living am for a total of five roums. Scc Scetion IV.D3 for disoassion of overcrowding, TEM-Ot%04OP-HOU.SNG * January 4, 1993 h~ 4-22 CITY OF TEMECULA Housing Element Several farmworker advocacy groups were contacted in preparation of the Housing Element for information on the number of farmworker households within the City, as well us the housing needs of this group, including the California Rural Assistance League, County of Riverside Community Action Agency and Housing Anthority and Coachella Valley Housing Coalition. These organizations address the needs of farmworkers throughout the County and do not maintain statistics for individual jurisdictions. It is estimated that there are 30,000 farmworkers in the County in need of seasonal housing. The need for farmworker housing, documented throughout the County, indirectly impacts the Cityv in terms of overcrowding (see Chapter II.D.3.), and the homeless population (see discussion below). According to the City Code Enforcement Officer, migrant farworkers often double up in apartment units during harvest season, resulting in overcrowded conditions. However, such overcrowded apartments are a very minor problem in Temecula according to the Officer. 6. Homeless The homeless population refers to persons lacking consistent and adequate shelter. Homeless persons can be considered resident (those remaining in an area year- round), or transient. Emergency and transitional shelters can help to address the needs of the homeless. Emergency shelters provide a short-term solution to homelessness and involve limited supplemental services. Transitional shelters, in contrast, are directed towards removing the basis for homelesshess. Shelter is provided for an extended period of time, and is combined with other social services and counseling to assist in the transition to self-sufficiency. According to the 1990 Census, there were no homeless persons reported visible on street locations in Temeeula. However, the County of Riverside Department of Community Action estimates that there are 90 to 106 homeless persons in the Temecula area. Of these figures, approximately 25 to 30 are living "on the streets".~° The remaining homeless live in overcrowded homes and motels. C. Future Housing Need 1. Units Eligible for Conversion In 1989, the Government Code was amended to include a requirement that localities identify and develop a program in their Housing Elements for the preservation of affordable multifamily units assisted under various federal, state and/or local programs. In the preservation analysis, localities are required to This terms also refers to persons living in cam, abandoned ho,,~'~, vacant lots, under bridges and in the r_~kb~d. TE~4-O~SOP-HOU,S~O · January 4, 1993 Page 4-23 CITY OF TEMECULA Housing Element In addition, an adjustment for avoidance of impaction is made to the distribution of household income. Utilizing SCAG's methodology, the City 's future housing ne.~, to be met through new construction, was determined at 870 units. While the City is experiencing rapid growth, and would therefore be expected to have a higher future need, the high vacancy rate impacted the future need calculation significantly. The assumptions and methodology are provided in the Appendix. The planning period for housing elements is established at five years by housing element law. Howcvcr, thc City is prcparing its first Housing Element in the middle of the SCAG planning pcriod. The planning pcriod for this Elemcnt is two years and addresses the remainder of the 1989-1994 Housing Element Cycle for the SCAG region. Table 4-17 identifies the future housing need by income group for the period 1992 to July, 1994. Table 4-17 City of Temecula Future Housing Need: 1992-1994 , Income Group ~ NumNr of Housing Units , Percent Very Low Fee 129 ~9r8 14.8 Lower 18& 137 ~ 15.8 Moderate -lg. 171 +BrS 19.6 Above Moderate LaB~ 433 ~ 49.8 I ,O'rAL ST0 I 00.0o Up~:~AugusUt~b~d~1~e~c~u~ni~t~nh~i1~di~m~mi~u~tit1g~r'~m~`Ni~i~mTie~ Cities and counties in SCAG's jurisdiction are required to update their housing elements by July 1, 1994. Accordingly, SCAG will be updating the RHNA by July 1993. The City of Temeeula will be included in the next RHNA and therefore, subsequent updates will reflect the five-year planning period requirement. TEM-OI',O4GP-HOU.~NO · January 4, 1993 Page 4.29 CITY OF TEMECULA Housing Element IV. RESOURCES A. Vacant Land The vacant land inventory was conducted as pan of the formulation of the General Plan Preferred Land Use Plan. The City of Temecula has a substantial amount of vacant, developable residential land. As shown in Table 4-18, development of this land at target densities could result in 22,2~5 26,586 additional dwelling units within the City. The vacant land pray-ides inventory identifies adequate sites to accommodate development of housing that meet the future housing need estimated at: ;gx)129 Very Low; 152137 Lower; 161171 Moderate; and 2~°2.~33 Above Moderate income households. The proposed zoning designations for residential uses are consistent with the General Plan residential designations, us discussed further in Section V of the Element. Tablo '1 18 City of Tomocula Dwelling Unit Projoetions at Targoted Doncities Flocldcntlal ~nd ~Jco godorato/Modoroto 2:2 ~'.';:: ;.::"_:.-.t:. 17,~1 Table 4-18 City of Temecula Future Dwelling Unit Projections HIllside 0..I Above Moderate/ 250 25 Moderate Very Low .2 · .4 Above Moderate/ 1,848 554 Low .5 · 2. Above Moderate/ 123 160 Moderate Low Medium 3.6 Moderate 3,481 15,665 Medium 7.12 Moderate 488 4,638 HIgh 13.20 Lower/Very Low 336 5,544 · TEM-OI~O4OP-HOU.SNO · January 4, 1993 Page 4-30 CITY OF TEMECULA Housing Element The residential densities identified in the Land Use Plan are generally lower than other urbanized areas primarily due to the existing rural nature of the community. The abundance of relatively cheap land in Riverside County has allowed for the development of housing that sells for less than the housing in Orange, Los Angeles and San Diego counties. In addition, the rental survey demonstrates that households earning the income limit for Lower income households can afford the majority of current multi-family rental housing at market rate. The net density of the apartment complexes indentified in Table 4-12 ranges from 82 to 25.2 du/ac. ]'he majority of these complexes fall within the General Plan's High Density designation aS - 20 du/ac). Provision for exceeding this maximum are discussed below. Over 80 percent of the apartment complexes in the rental survey were constructed between four and five years ago, which is one indicator of the density ranges needed to produce affordable housing in the current market. Continued multi-family development would likely continue serving Lower income households. Development of housing affordable to~ low income groups, earning less than 80 percent of the area median income, is attainable within densities lower than that required in other areas to facilitate the production of low income housing. As discussed ~ above, development of rental housing at low medium, medium and high densities (3 126 du/ac, 7-12 du/ac, and 13-20 du/ac, respectively) could provide housing affordable to low income groups. However, the difficulties of producing housing affordable to Very Low income households, i.e., below 50 percent of the median income, is acknowledged. Several mechanisms can effectively increase the density of development on vacant land, and thereby provide.housing opportunities for low income households. F-istrthe City ha~ established target de,/elopmont standards for both recidential and non r~idontinl land uso~, and thooe targot~ ~vore treed in projooting future development potential. Development at maximum den~itie~/intermitie~ may ooour at the diceration of the Planning Commition/City Council pro,/ided a pubrio purpor~ is served. D~,~olopment of affordable hou~ing is rooognized by the Land Use and Community Da,.ign !~lements tm one oondition by whioh thi~ maximum density/intan~ity will be permitted. In addition, First, the City will grant a 25 percent density bonus for developers that provide affordable housing us required under certain conditions by the State Density Bonus Law. Tho~e two me~hnnir, ms oombine This would yield a permitted density of up to 25 units per acre. Development of housing in the Village Centers also provides additional opportunities for development of low-income housing. A number of Village Centers are designated throughout the General Plan Study Area. The intent of the Village Center Concept is to provide opportunities for development of mixtures of commercial and residential uses that will minimize vehicle trips, avoid sprawling commercial development patterns, and provide incentives for high quality urban design. q2he--be~ One of the criteria for ceusidering density/intensity in the Village Centers is the provision of affordable housing. The higher floor area ratios and residential density permissible in these areas facilitate production of affordable housing. Joint park!rig is another feature of the Village Centers that could effectively reduce the cost of development, thereby increasing the feasibility of low-income TEM.,01~O443P-HOU. SHO · January 4, 1993 Page 4-31 CITY OF TEIViECULA Housing Element V. CONSTRAINTS A. Governmental Constraints Governmental constraints am policies, standards or requirements imposed by the various levels of government on development. Although federal and state agencies play a role in the imposition of governmental constraints, these agencies am beyond the influence of local government and are therefore not addressed in this document. The following factors constrain the maintenance, improvement, and/or development of housing in Temecula: land use controls; building codes; processing procedures; and development fees. 1. Zoning Code The General Plan is the foundation of all land use controls in a jurisdiction. The Land Use Element identifies the location, distribution and intensity of land uses in the City. The primary instruments for implementing the General Plan will be the Zoning Code and Subdivision Ordinance. The proposed Temecula Development Code contains six residential classifications, which correspond to the six General Plan Land Use designations. In addition, the Code provides for a Village Center Overlay and a Planned Development Overlay. The Development Code regulates such features as building height and density, lot area, setbacks, and open space requirements per zoning district. The overlay zones are a special designation which are subject to site-specific regulations. Approval for development in the Village Center Overlay requires satisfaction of performance standards articulated in the Development Code. These standards reflect a focus on unique and creative development that promotes integration of retail, open space and residential uses. Diversity of housing, including affordable housing is one factor in the performance standards. The Planned Development Overlay also provides flexibility in development standards. Development standards for the six residential zoning classifications are provided in Table 4-19. TEM-OBO4OP-HOU,S~TO · January 4o 1993 CITY OF TEMECULA Housing Element Table 4-19 Residential Development Standards High Very Low Low Low Medium 10 acrea 2.5 acres .5 acres 7000 sq. ft 7000 8q. ft, 10 acroa 2.S actea .S acrea 7000 sq. ft. 3SOO aq. fL .I .4 2 6 12 Residential Development Standards MInimum Lot Area Average Lot Area per Dwelling Unit Maidmum Dwelling Units Per Acre Lct D~,'~;e:,siona FAre~ncks Minimum AVerage Wl~h Se ,i Front Yam = Corner SIde Yarn Interior Side Ynr~ Rear Yard Accessary Building on interior Site Boundary SeparatJon Bezween Buildings One Story Two Story Three Stories 50f~ 25fL 15 fL 10 fL 20fL 10 f~ SO ,". 60ft. ~ 2SfL 10 (~ 20f~ 40 fL 2Oft 40 fL 15ft. lOlL 7 fL 20ft. 20ft. lOlL 5It 10 ft, 15 fL Medium High zo~o sq. ft · ~OOsq. tL 40 ~ 30 ~ 5Oft. I 50fL !. 15 ft. 15 ft 10 f~ I0 ~ 20fL 20fL 5It, 5fL lOlL lOlL ~ll fL 15 fL 20fL 20fL 40If. 50 ~ 2="/, 30% Development standards may add to the cost of housing because the standards may necessitate ._d__,fitional construction and building materia!~ and labor. These standards are enacted for the protection of the community's health, safety and welfare. Modification of development standards can reduce the cost of housing con~*truction, which may in turn, result in lower housing prices. Residential development in both the Planned Development and Village Center Overlay Zones can take advantage of greater flexibility in development aandards for these areas. It i.v expected that development in these area8 will promote a wider range of housing opportunities in comparison to the traditional zoning districts. The identification of affordable housing as a factor in the performance TEM-01N04~P-HOU,gq0" January 4, 1~93 Page 4-34 CITY OF TEMECULA Housing Element standards for the Village Center Overlay provides a mechanism for the realization of this objective. 2. Subdivision Ordinance State law requires local governments to adopt a Subdivision Ordinance. The Subdivision Ordinance governs the process of converting raw land into development sites.t2 State Law grants local governments the authorities to regulate the design and improvements of subdivisions and to impose dedication and exactions on developers. The Subdivision Map Act establishes statewide uniformity in local subdivision procedures; standards for design and improvements are left to local government .discretion. The Subdivision Ordinance like all land use controls, can be so restrictive as to increase cost of development and stifle development interest. Temeeula conforms to the procedural requirements established in the Subdivision Map Act and does not impose additional requirements. 3. Building Cedes Building Codes regulate the physical construction of dwellings and include plumbing, electrical and mechanical divisions. The purpose of the Building Code and its enforcement is to protect the public from unsafe buildings and unsafe conditions associated with construction. The City of Temecula enforces the Uniform Building Code as established by State Law. State affords local government with some flexibility when adopting the uniform codes: the building codes can be amended based on geographical, topologieal or elimatological considerations. Further State Housing Law provides that local building departments can authorize the use of materials and construction metheds other than those specified in the uniform code if the proposed design is found to be satisfactory and the materials or methods are at least equivalent to that prescribed by the building codes. The Building Code adopted by Temecula is similar to those used by other local governments, and therefore does not pose any special constraints on the production or cost of housing. 4. Processing Procedures The California Government Code establishes per~nitted time periods for local agencies to review and act upon private development proposals. Thoee time ro~triotions for discretionary permits are identified in Table ~l 2t). These time restrictions are identified in Table 4-20. Local processing time frames are within State guidelines and are further defined in Table 4-21. The City is able to proeo~s projeom within the statutory time periods, and ~timates that a subdivision take~ approximately '1 to 6 month~ to prooo6s, Note: Condominium and stock cooperative oonven~ions are also subject to the Sukx:livision Mnp Act, TI]M-OZXO4OP-HOU.SNO · January 4, 1993 Page 4.-35 CITY OF TEMECULA Housing Element through tho approval 0tago. Although the City does not conduct concurrent processing, this ability exists with existing staff levels. General Ran Amendment Zone Change Subdivision Action on Tentative Map Environmen~ Oocume~EOA Addi'gonoJ Dat~ Noodod NetiN tc Aapll~ant Review of Application for Completeness Determinrdon of Napa~ve Declaration or E]R RequiremeN Completion of Negative Declarrdon Cer'd~catjon of Final BR Table 4-20 State Development Processing Time Limits Itsm State Mmdtnum None 50 days 4~ 30 days (when Application deemed complete) 1 year (when Application deemed complete) Dioorolicnary Po,'mit8 Addffionol Data rJoodo¢ Noticc tc Applio~qt 20 Final Aofion on Projoet Table 4-21 Local Development Processing Time Limits Approximate Length of Time to Item Pul~lc Hearing~ Condi~nal Use Permit (CUP) 11 weeks Plot Plan 11 weeks TentaWe Parcel Map 8 - 10 Tantaf~ve Tract Map 11 w~eks Variance I ~t weeks Zoning A~nendman~s 16 weeks Discretionary projects are reviewed by both the Planning Commission and City Council, and the City does not have special design or environmental review procedures. The processing periods are not considered a constraint to the production of housing. The City processes residential projects within statutory timeframes, and therefore requests for time extensions from the State have not been necessitated. The processing period is expedited for projects within Specific Plan areas as environmental review has been conducted and standards have been imposed, e.g., exactions and payment schedules, design, for the entire area. TEM-OZ~4GP-HOU.~IG · January 4, 1993 Pa~c 4.-36 CITY OF TEMECULA Housing Element Goal 2 Discussion Policy 2.1 Policy 2.2 Policy 2.3 Policy 2.4 Affordable housing for all economic segments of Temecula- The relative affordability of housing in Riverside County has attracted homebuyers to the County, including the City of Temecula. The diversification of the City's economic base is of primary importance to the community, as many residents commute to these surrounding counties for employment and commercial/recreational opportunities. Housing that accommodates the full spectrum of income groups facilitates an economically diverse community. Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provides opportunities to meet the City's fair share of low- and moderate-income housing. Support innovative public, private and nonprofit efforts in the development of affordable housing, particularly for special needs groups,. Encourage the use of non-traditional housing models, including single-room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter and/or transitional housing. Pursue all available forms of private, local, state and federal assistance to support development and implementation of the City's housing programs. Goal 3 Discussion Policy 3.1 Policy 3.2 Policy 3.3 Removal of governmental constraints in the maintenance, improvement and development of housing, where appropriate and legally possible. Govemmental constraints are policies, standards, or requirements imposed by local government that constrain the production of affordable housing. Development fees, processing procedures, and development standards are cited as factors that impact the ability to provide for market rate affordable housing. Provide reasonable processing time and fees for new construction or rehabilitation of housing. Consider mitigating development fees for projects providing affordable and senior citizen housing. Periodically review City dcvclopmcnt standards to ensure consistency with the General Plan and to facilitate high-quality affordable housing. TEM-01~IOP-HOU.~'~O · Janlaary 4, 1993 Pa$~ 4-42 CITY OF TEMECULA Housing Element B. Quantified Objectives State Housing Law requires that each jurisdiction establish the maximum number of housing units that will be constructed, rehabilitated, and preserved over the planning period. The quantified objectives for this Element reflect the planning period from July 1, 1992 to July 1, 1994. As discussed previously, the planning period for this Housing Element is two years, as opposed to a five year period. This abbreviated planning period will facilitate adjustment to the Housing Update Period for the SCAG region. State Law recognizes that a locality may not be able to accommodate its regional fair share housing need. The quantified objectives assume optimum conditions for the production of housing. However, environmental, physical and market conditions exert influence on the timing, type and cost of housing production in a community. Table 4-24 shows the quantified objectives for Temecula by income classification. In addition, the contribution of specific housing programs (sec the Housing Plan, Chapter VII), is provided, e.g., the Mortgage Revenue Bond Program will facilitate construction of 20 units available to Above Moderate Incomes. Program NEW CONSTRUCTION Mortgage Revenue Bond (B.2) Second Units (B.4) Modgage Cred~ (e.5.) Cerfmm Market Rate Prolecls Total New Construction PRESERVATION Section 8 (D.5.) Preservation of At-Risk Units {D.1.)~ Homeshazing (D.6.) Exjs'dng Assisted Housing 'LIHEAP (D.8.) Total Preservation REHABILITATION Code Enforcement (0.3.) Tool Lending (D.4.) Total Rehabilitation Table 4-24 City of Temecula Quantified Objectives 1992-1994 Very Low Lower Moderate 5 5 - 10 40 8035 300 900 rm40 315 940 9 48 15 15 10 48-Creekside 71 -Woodcreek - 40-Oaktree 55-Rancho California 30 - 293 86 10 75 100 10 25 8~ 12S 200 15 215 Above Moderate Th~Xe~'m~k~m~muni~$mm~T~m~c~i~r~Xm~n~m~qum~l~d~t`~himpe~grm~ Alhx~Hhiel~oiectmilnotconve~umJlgSS. ac~onwilbetalmnv/finthisCienmmgpmiod, Le. 6qm~hlg84topcmeenilheuna. llteurmilmm~o~d~eekm, eeigietommenwmithintenyeara, pmsenm~ondb'mmeLmi~wibeinciudedinffieQumtfmdOtiec,,Nem~(mu~umlmim. 1)emmmnmgmmm/~edunitsWm~eCityamnolNmgl~e Iocementommm.-kmtmlmmvm~hi~rwey~mt lhmeunmmemllmQmdin'EimmdAmmedHouming.' TEM-01~04GP-HOU.9~G · January 4, 1993 Pa~{c a. ~. CITY OF TEMECULA Housing Element As shown in Table 4-24 the quantified objectives are ~ 40 Very Low; 315 Lower; 940 Moderate; and 1,520 Above Moderate units provided through construction. Objectives for preservation of units am targeted at 292 Very Low; 86 Lower; and 10 Above Moderate income households. Finally, the objective through the planning period is rehabilitation of 85 Very Low; 125 Lower; and 215 Moderate units. A description of objectives by topical area is provided below. New Construction State law requires that jurisdictions estimate the maximum number of units that can be constructed within the planning period, by income group. The number of new units that will be constructed through 1994 was estimated based on existing development trends. It was assumed that new construction would continue to provide a higher percentage of units at market rate that would accommodate Moderate and Above Moderate income households. Development of multi-family rental units provide housing opportunities for low-income housing. As indicated in Table 4-12 and 4-13, approximately 17 and 86 percent of all apartmont units fall within affordable rang~c for Very Lo~v income houc~holds, respootivoly the rtmjority of rental units at market rate are affordable to Lower, Moderate and Above Moderate income households. It was assumed that 350 additional apartment units could be constructed in the City by July 1, 1994. The existing peruenrages of low-income households potentially served by apartment units was applied to this figure to calculate the breakdown of Very Low and Lower income households that could be served through new construction. Rehabilitation The majority of the City's was built within the past thirty years, and is therefore considered in good condition. However, units in need of rehabilitation exist in older residential amos of the City. The Code Enforcement and Tool Lending programs address the rehabilitation of both multi-family and single-family units in these areas. The primary beneficiaries of these programs would be rentors and low income households. It is assumed that Moderate and Above Moderate income households will rehabilitate units as needed through private efforts. Preservation There are 119 affordable, assisted units in the City of Temecula that are eligible to convert to market rate within ten years. The Preservation of At-Risk Units Program (D.1) is the primary vehicle by which these units will be attempted to be preserved. Temecula Villas is a Section 8 project which provides 48 units. With regard to these units, the Preservation of At-Risk Units Program calls for the continued communication with property owners of Section 8 project-based housing to determine his/her interest in terminating the Section 8 contract. The City will encourage the TEM.OI~04CIP-HOU.~IqO · January 4, 1993 Pag~ 4-45 CITY OF TEMECULA Housing Element property owner to renew its Section 8 contract with HUD. If these efforts are not successful, the City will work with non-profit organizations to facilitate the purchase of this complex. The remaining 71 assisted units that are eligible to convert within ten years are located at Woodcreek Apartments. This complex received Multi-Revenue Bond Financing. The City will consider providing incentives to the property owner to continue to provide 71 low income units. The City will also explore the possibility of providing tenant-based subsidies should the property owner wish to place these assisted units at market rate. C. General Plan Consistency California Government Code requires that General Plans contain an integrated, internally consistent set of policies. In order to ensure internal consistency is maintained, a review of all elements in the Plan will be conducted. With regard to assumptions, the General Plan utilizes uniform existing and projected population, employment and dwelling unit figures. For purposes of the Housing Element, Census data is used extensively as it provides more detailed information on the eommunity's demographic and housing characteristics. TF..M-01'~.OP-HOU.SNO · January 4, 1993 Pag: 4-46 CITY OF TEMECULA Housing Element Housing Program Program Intent PROVISION OF ADEQUATE HOUSING SITES Land Use Provide a range of Element/Zoning residenll Ordinance development oppormnilies through appropriate land See deelge/ons. Sites for Romelass Provide adequate and Emergency and sites for emergency Transilional SheItem and transittonal shelters. Landbanking Acquire sites (or funds) for affordable/Senior housing. Table 2 City of Temecula Housing Plan Summary Plan Objective (# Units to be Funding A~,med) Sou~on Adequate residential sites to accommodate the rngi{~d fair share determined at L~ 129 Very Low; 4~ 137 Lower; -161.171 Moderate; and ~ Moderate income beueshelds. Adopt a Zoning Ordinance which permits transitS. and emergency housing in commercial and Indusffial zones. Thee uses will be subject to discrelionary Develop a Landbanking Program ASSIST IN DEVELOPMENT OF AFFORDABLE HOUSING Incorporate Density Bonus Program into Zoning Ordinance. Include provisions to ensure the con~nund affordabtl~ of units. WOrk with Rivemide County in sacudng tax exempt MRB ~nenc;ng. The objecUve is to provide assistance to 20 first- lime homebuyem year through the single family program and to promote the use of mullifamlly MRB financing. Density Bonus Encourage Program development of housing for low- income households through provision of density benus. Mortgage Revenue increase supply of BOnd Financing rental ownership units affordable to inw- and moderate- income households. None necessary None necessay None necessaW None Neceesary Responsible TIme Agency Frame Planning Deparonem Two Years Planning Depa~nem One year Planning Two years Depamneat/ Redeveloprent Agency Planning Deparm~eat One year County of Riverside; Ongoing Community Development Departmere Section 202 E]dedy Provide housing and or Handicapped ralated facilities for Housing the eiderhi and handicapped, Second Units Pr~,qbe inclsesad affordable housing opportuni~es to low- income households. Support all viable nanprofit enffiias seeking Souljon 202 funding. None necessary Adopt a Second Unit Ordinance None nacessar/ as part of the ZOning code. The Second Unit Ordinance shall permit second units on residential lots zoned for single and multifamily residential use. Include in the Ordinance incenlves for development of senend-units intended for ngeof62. Planning Ongo{ng Departrnent/ Redevelopment Agency Planning Depmlmeat O~e year TEM-01~4GP-HOU.SNG · January 4, 1993 Page 4-48 CITY OF TEMECULA Housing Element Housing Program Program Intent GOVERNMENTAL CONSTRAINTS Ptiodty Processing Facilitate produceon for Affordabis of affordable housing. Housing Mod~ Development Provide incentives to Fees devalopem of affordable/senior housing. Table 2 City of Temecula Housing Plan Summary Pidn Objective (# Units to be Funding ~sslatea} Source Responsible Develop a schedule for pdortiy None necessary Planning Deparonant One year processing of affordable housing projects. Designate a cantact demon to coordinate processing of all of ~e Review existing development General Fund fee schedule and consider fee reduction, or the addil~ of fee waiver provisions for t/~ production of low-income and senior cffizan housing. Planning Depmlrnant Two years CONSERVE AND IMPROVE EXISTING AFFORDABLE HOUSING Preservahon Densawe affordable Encourage Ses~ 8 project Progmm housing in the Cit'/. Redevelopmere Planning progem/owners to renew their Sat-Aside; CDBG Department/ co~acts. Identify non-profe organizations capable of purchesmg these units. Consider the use of City-basad incanlves for a~sistod unRs that a~e not sub~est to HUD- sponsored incentives. Explore the possibility of provin9 tenam- based subsidies to asssted units that convert to mmat mte. Re6evefopment Agency; Non-profe organizations Two years Redevelopment Set- A source of funding ASide Fund for housing programs Code Enforcement Presews the housing stock Tool Lending Maintain integrity of housing stock Develop an expenditure pian tor None necessary redevelopmant set-aside monies. Programs that focus on the rehabilitation Of units occupied by low-end roodorate- income households, preservation of assisted units, and cons~'uction of affordable housing will resewe phority in the expenditure plan. Develop a Housing luspection CDBG Program for all muffifamily coffipiexe$. Establish a Tool Lending CDBG Program. Advertise the avallabait'/of home repair infom~a~on end tool lending. Redevelopmant Two years Agencynt BulMing and Safety Inspect all Department complexes within two years. .BulMing and Safety Two years Department Lowqnterest Preserve existing Residential housing stock. Rehabilitation Loans Eslabllsh e Iow4nterest CDBG; residential rehabilitation Redevelopment program. Provide program Set. Aside referrals through code enforcement activities. Rebevelopment Two years Agency TEM-OZ~O4OP-HOU.SNG · January 4, 1993 Page 449 CITY OF TEMECULA Housing Element Housing Program Program Intent Sectjon 8 Housing Provide housing CerlfficstesNouchem subsidies for low- income househok:ls. Table 2 City of Temecula Housing Plan Summary Plan Objective (# Units to De Assisted) Suppo~ eftotis to increase the HUD amount of funding alioca~cl to HUD programs. Provide reforrais to aparlment complex owners fur information on the various Sec~on 8 programs. Fundthg Source Homeshanng Assist sentors and others with limited incomes in obtaining housing, Mobile Home Park Preserve low-cost Assistonce housing options for City residents. Increase housing opportunffies CDBG for senior cffizens, end other low income residents, by supbsrting SHARE and tte homesharing acffi~lies of the Senior Citizens Sennce Center. The objective is 40 matches a year: 15 Very Low Income households; 15 Lower Income households; and t0 Moderate Income households. Provide technical assistance to HCD mobilehome park residents in pursuing MPAP funds. Mortgage Credit Assist first-time Ceffificate homebuyers. Low Income Home Utilities assistance Energy Act Program and reduc~on of utit~es cost EQUAL HOUSING OPPORTUNITY Equal Housing Compliance with Opportunity Nadonal Fair Housing Law. Housing Refarral Dispense information Directory on local, state and federal housing programs. Housing Element MOnitoring and Reporting Assist at least 50 first4ime MRB eJJocation homebuyers by providing tax credits, 10 of which are lower households. Support the County of Paveroide CDBG Department of Community Acljon and Temecula Senior Citizen Sen~ices Center in providing uljl~ies assistance and weathedzation to 30 very low income households. Allocate CDBG funding to the DCA for con~ued edministratjon of me UHEAP. Support the acCrUes of ~e Fair CDBG Housing Program. Deve~og a directory of services and resources tor low-and moderate-income househokJs and special needs groups. Provide informa~on end rotmrais to persons on an as needed basis. Department Budget Responsible Time Agency Frame Rivemicle County Ongoing Housing Authoffi'/; SHARE; Senior Ongoing Cffizees Service Center HCD; Redevelop- As needed. merit Agency Riverside County Economic Devefopmant Agency Riverside County Department of Community Action Two years Ongoing Riverside County Ongoing Housing Authority Planning One year Department/ Redevelopmerit Agency TEM.OI~D4GP-HOU.SNO · January 4, 1993 Page 4-50 CITY OF TEMECULA Housing Element A. Provision of Adequate Housing Sites 1. Land Use Element/Zoning Ordinance The Land Use Element of the General Plan and the Zoning Ordinance provide the planning and regulatory framework necessary to achieve adequate housing sites. The Land Use Plan provides for development of a range of housing, at varying densities. The densities range from .1 units per acre for lands in areas designated Hillside Residential, to 20 units per acre in the High Density category. The Zoning Ordinance can provide regulatory incentives for the development of affordable housing. The DenSity Bonus allows for additional intensity in residential development which includes affordable housing. With regard to the needs of the homeless, the Zoning Ordinance will allow for development of emergency and transitional shelters in specified areas. Objective: Adequate residential sites to accommodate the regional fair share determined at 259129 Very Low; ',.~5137 Lower; 161171 Moderate; and ~8-5433 Above Moderate income households. 2. Sites for Emergency and Transitional Shelters The homeless population refers to persons lacking consistent and adequate shelter. Homeless persons can be cousidered resident (those remaining in an area year- round), or transient. Emergency and transitional shelters can help to address the needs of the homeless. Emergency shelters provide a short-term solution to homelessness and involve limited supplemental services. Transitional shelters, in contrast, are directed at removing the basis for homelessness. Shelter is provided for an extended period of time, and is combined with other social services and counseling to assist in the transition to self-sufficiency. Objective: Adopt a Zoning Ordinance which permits transitional and emergency housing in commercial and industrial zones. These uses will be subject to discretionary approval. 3. Landbanking Landbanking is the acquisition of land by public agencies in anticipation of future development. This technique serves as a hedge against speculation and inflation as it secures land for affordable housing, until further resources are available for their development. Where development of the land is not feasible, the local agency can sell the land at market rate, and capture the increase in value for such public uses, e.g., senior/low-income housing. TFeM-01M3IGP-HOU,$1qG · January 4, 1993 Page 4-52 CITY OF TEMECULA Housing Element income households, preservation of assisted units, and construction of affordable housing will receive priority in the expenditure plan. 3. Code Enforcement The City maintains a Code Enforcement Program, with one full-time code enforcement officer. The officer chromes provisions of the City's Nuisance Abatement Ordinance. The majority of complaints relate to negligent housekeeping in several apartment complexes in the City. According to the code enforcement officer, occasional complaints regarding overcrowded conditions are also received; these complaints primarily involve migrant farmworkers. Because the single-family housing stock is relatively new, few substandard single-family units have been identified. The code enforcement officer has two avenues of pursuing a code violation: citation, and Public Nuisance Abatement Order (PNAO). Typically after receiving a complaint, the perpetrator is given 30 days to fix the violation. If, after this period no action is taken, the officer may cite the property owner or, issue a PNAO. Under a PNAO, the City will fix the code violation, but charge the property owner for these services. A citation is remedied through the courts via the imposition of fines. Objective: Develop a Housing Inspection Program for multi family complexes. Inspect all complexes within two years. 4. Tool Lending Program During the housing condition survey, a number of units in need of rehabilitation were identified. The City will establish a tool lending program to assist occupants who may not have the resoumes to hire a third party to make repairs. The program will provide home repair information and lend a variety of hand and power tools to occupants who seek to make home repairs. Objective: Establish a Tool Lending Program. Advertise the availability of home repair information and tool lending, and provide assistance to 50 households yearly; 10 Very Low; 25 Lower; and 15 Moderate. Objective: Establish a low-interest residential rehabilitation program. Provide program referrals through code enforcement activities. 5. Low-Interest Rehabilitation Loans Preventing the los of housing from physical deterioration is an important component in maintaining the existing stock of affordable housing. The City TEM-01'~.OP-HOU.;.SNO · January 4, 1993 Page 4-59 CITY OF TEMECULA Housing Element will develop a residential rehabilitation loan program which will provide low- interest loans to be used for property and structural repairs/rehabilitation. The program will be available to Low and Moderate-income owner-households. The City will also consider extending low-interest loans to multi-family owners, in exchange for a commitment to maintain a percentage of units us affordable to low income households. CDBG and redevelopment set-aside funds are funding sources for this program. Objective: Establish a low-interest residential rehabilitation program. Provide program referrals through code enforcement activities. 6. Section 8 Rental Assistance Payments/Housing Vouchers The Section 8 program provides rental assistance to low- and moderate-income families, elderly, and disabled persons who spend more than 30 percent of their monthly income on rent. The subsidy represents the difference between the excess of 30 percent of the recipients monthly income and the fedorally approved fair market rents (FMR). In general, the FMR for an area is the amount that would be needed to rent privately owned, decent, safe and sanitary rental housing. Section 8 assistance is available in the following forms: Section 8 Existing Housing Certificate Program - Under the certificate program, the landowner enters into a contract with the local Housing Authority which limits rent for the very low-income unit to the FMR. Eligible tenants must pay the highest of either 30 percent of adjusted income, 10 percent of gross income, or the portion of welfare assistance designated for housing. Housing subsidized through this program must meet standards of safety and sanitation established by HUD. Section 8 Existing Housing Voucher Program - This program is similar to the Certificate Program, however, rent for the units are not restricted. The tenant instead must pay the difference between the FMR standard and the actual rent. Section 8 Moderate Rehabilitation - Designed to preserve the existing housing rental stock, this program guarantees Section 8 payments for eligible tenants of landlords who agree to rehabilitate their properties to meet HUD safety and sanitation standards. The program does not provide financing for rehabilitation, and the units must be placed under the Section 8 Program for 15 years. Section 8 Rental Rehabilitation - Landlords receive a matching grant from CDBG funds to rehabilitate substandard units. In return, the units must be placed under the Section 8 Program for at least one year, and the rents must be in accordance with the FMRs. TEM..01'.04GP-HOU. SNG · January 4, 1993 Page 4-60 State law requires that the City's regional need be distributed on the basis of income in order to avoid concentrating lower income units in jurisdictions which already have a high concentration. This calculation takes into account the current distribution of household income compared to the regional average. The distribution of income groups was derived from 1990 Ceasas data (STF-3.) Based on SCAG methodology, the City adjusted its household income down toward to the regional average. The distribution of growth, adjusted for impaction, is as follows: Table A-2 Total New Units Distributed by Income Very Low Lower Moderate Above Moderate · 25(;129 -TG6 137 -Ite-1.171 ~ 433 14,8% 15,8% 19,6% 49.8% Total 870 100% The figures shown in Table A-2 constitute the regional fair share numbers for the City of Temecula through July, 1994. 2 Ch,~,,~, n~ OPEN SPACE & CONSERVATION CITY OF TEMECULA Open Space/Conservation Element Pieruing Commi,lan F~ I. INTRODUCTION The Open Space/Conservation Element contains goals, policies and implementation programs to encourage the conservation and proper management of the community's resources. Furthermore, the purpose of this Element is to ensure the provision of parks and recreation opportunities for the community's residents. Open space is one of the key features that defines the character of Tcmecula and contributes to the quality of life that residents want to maintain. Open space performs a multitude of functions that are beneficial to the community. Open space functions to: provide for outdoor recreation areas; protect viewsheds; preserve important natural resources; provide flood control; protect public health and safety; and establish buffers between incompatible land uses. Approximately 8 percent of the City is presently devoted to open space uses including parks, golf courses, passive open space and agricultural uses. Large lot subdivisions and rural residential areas (2~6-aere lots or larger) contribute to the open space character within several areas of the City. Although approximately 42 percent of the City is currently vacant or undeveloped, the majority of this acreage is committed through approved projects. The City has a much greater opportunity to shape the open spaces of development annexing to the City. The challenge facing Temecula is to ereate a multipurpose open space system that does not solely consist of the unnsable spaces leftover from development, but maintains viable agriculture lands outside the City, preserves wildlife habitats, maximizes water resources, and secures recreational, historic and cultural resources. The City will benefit from connection with the open spaces ensured thwugh ownership by federal and state government, such as the Cleveland National Forest, the U.S. Bureau of Land Management and the California State University at San Diego. The goals and policies of this Element were formulated to ensure that City benefits from the existing and future open space resources. The purpose of the Temecula Open Space/Conservation Element is: To assure the continued availability of predominantly open land for the enjoyment of scenic beauty, for recreation, and for conserving natural resources and agriculture; To guide development in order to make wise and prudent use of the City's natural, environmental and cultural resources; · To maintain and enhance the City's valuable natural resource areas necessary for the continued survival of significant wildlife and vegetation through proactive open space planning. ostabliahmont of a pr-oa~tiv, oly plfinnod~ oohorent and oonncotod syatom of open space to p~otoot wadlifo habitst and .:ove;..ont oorridot, s aa pan of a tat,get,, aolf au~ttdning ooosyato..4 · rn~.ot~0~oP-oPN~P^ -Datc: January 4, 1993 Pa~c 5-1 CITY OF TEMECULA Open Space/Conservation Element The conservation component of the General Plan overlaps with provisions found in the open space, land use, public safety, and growth management portions of the General Plan. It differs, however, in that it is almost exclusively oriented toward natural resources. The conservation component contaius goals and policies that further the protection and maintenance of the State's resources in the Temecula Study Area such as water, soils, wildlife, minerals, and other natural resources, and prevents their wasteful exploitation, degradation, and destruction. California State law does not mandate the preparation of a Parks and Recreation Element or Trails Element of the General Plan. However, these topics are often included in a general plan due to the concern of providing sufficient parkland for residents. The Open Space/Conservation Element incorporate goals, policies and implementation programs related to parks and recreation. This section of the Element focuses on the relationship of park space to a city's entire open space system and on the dedication and provision of parkland, trails and recreation facilities. B. Related Plans and Programs There are a number of plans and programs which have been adopted or are under preparation, that are directly applicable to the aims and objectives of the Open Space/Conservation Element. The relevant goals and policies from these plans and programs, where appropriate, have been adapted and incorporated into the Element to ensure the continued preservation of local and regional open space resources. In addition, there are State and Federal regulations including the California Endangered Species Act, the California Environmental Quality Act, the Federal Clean Water Act, and the Federal Endangered Species Act, that are applicable to proposed projects within the Study Area. Appendix __ of the General Plan provides a doacription of the intent and provisions of the related Stato and Fsdsral regulations. In total, these plans and regulations help form the open space system for Temecula as well as the regional open space system for southwest Riverside County. 1. City of Temecula Parks and Recreation Master Plan The City has prepared a Master Plan of Parks and Recreation to comprehensively address long-term park and recreation needs of residents. The Master Plan contains: current and projected recreational needs; park development and design standards; a park and trails classification system; parks, trails and recreation facilities improvements; target locations for acquisition of future parkland; future trail connections to the regiona[ trail system; a Citywide bicycle route and recreation trails system; timing and phasing of parks, recreation facilities and trails; cost estimates for park acquisition and development costs; and a five-year capital improvement program that identifies funding and prioritizes the. implementation of the Master Plan. Relevant material from this document has been incorporated into the General Plan. The Master Plan of Parks and Recreation will support the implementation of the goals and policies contained in the Open Space/Conservation Element. TEM-01N05GP-0PN.SPA · Dam: January 4, 1993 Page 5-3 CITY OF TEMECULA Open Space/Conservation Element protect species which may be listed in the near future. Two of the proposed reserve' areas are within (or partially within) the Temecula Study Area. The Skunk Hollow vernal pools are in the City's northern Sphere of Influence. The reserve area in the Santa Rosa Plateau/Santa Margarita River area includes Murrieta Creek and Temecula Creek which is in the City and Sphere of Influence. 6. County of Riverside Agricultural Element The County anticipates completion of an Agricultural Element in 1993. The Element will contain programs and policies to ensure long-term protection in areas where agricultural lands may be threatened by other uses and to limit the adverse effects of growth on areas determined appropriate for long-term agricultural uses. 7. EPA Advanced Identification Study of the Santa Margarita River Watershed per As part of an effort to protect and manage wetlands, the U3. Environmental Protection Agency (EPA) Region IX has initiated the Advaneed Identification (A. DID) process in the Santa Margarita River watershed. This proem feelers cooperanon among RPA, the Army Corpo of Enginoor~ (GOE)~ and otkor fodora~ slate, and local ag~noioo to oo~loot infon~stion, identify and evaluate iooation~ natural functions, and potential values of waton~ of the United States, ineluding thoir w~tlands and aoaoeiatod riparian aro,,~ This ADID project will identify waters of the U.S. ~. ;~; Santa Margarita River watershed, om. phasizing their w~tlands and associated fiparian aroaa~ The relative functional importance of thes~ a~oas ~vill be evaluated, and thot~ mosf threatened by human activities in the watershed will be identified. Rot~tlta will atzsist Regional IX in developing and implementing u~oful indicators of ~otlands funetion~ The ADID study will :;:.7 provide valuable background and analytical information for use in the proposed Santa Margarita River Watershed Management Study described below. The City of Temecula is part of the Watershed Planning Progam Program which will benefit from the information in the ADID study as it undertakes long-term planning of the watershed. 8. Santa Margarita River Watershed Management Study The City is involved in a coordinated Watershed Management Program for the Santa Margarita River in conjunction with Federal, State, Regional, and other local agencis. One of the jTrst tasks of this body is the preparation of a study on watershed management. Thi~ ie n propoeedThe purpose of this study will be to develop a comprehensive, cooperative management program to balance the diverse functions and values of the Santa Margarita River system, while maintaining its integrity as a unique ecosystem. The Santa Margarita River is the only remaining free-flowing river Page 5-5 CITY OF TEMECULA Open Space/Conservation Element in the coastal plain of Southern California. The river supports an essentially unbroken riparian corridor from the Peninsular Range to the Pacific Ocean. While the river is highly valued as a major wildlife corridor connecting coastal and interior habitat areas, it also provides a critical source of drinking water for Camp Pendleton and functions as a groundwater recharge area. The purpose of undertaking a coordinated resource management effort is to achieve the following: Reduction of potential conflicts among diverse projects such as flood control, endangered species protection, groundwater recharge, and water supply facilities; · Enhanced protection of habitat values and biodiversity; Cost savings through identification of potential partnerships to achieve common goals; An improved approach to protecting the species of the riparian corridor; Early identification of potential issues and mitigation agreement opportunities; Identification of opportunities to enhance cultural, scenic, and recreational resources; and Information to assist local governments and agencies in multiple-use planning of the river. The resource value of the Santa Margarita River and the need for a coordinated management effort is recognized within the Goals and Policies of the Open Space and Consen, ation Element. The results o/the future watershed management study will assist the City in long-term planning along Temecula, Murrieta, and Pechanga Creeks and other waterways within the Study Arett 9. Multi-Purpose Corridor Planning Task Force - Water Resource Management The Planning Task Force is comprised of representatives of cities within western Riverside County, the County of Riverside, and water agencies. The Planning Task Force provides a forum for inter-agency collaboration to assure the long-term availability of resources. The goal of the Task Force is to develop planning strategies which integrate water and environmental resources with land use plans, formulte programs that are cost-effective, address environmental issues, and encourage economic development. Future guidelines for water resource management developed by the Task Force may supplement the resource conservation and development policies of the General Plan and other plans of the City. TEM-OI'/)5(3P~PN.SPA · Dar~: January 4, 1993 Pap 5-6 CITY OF TEMECULA Open Space/Conservation Element B. Establishment of ~ Equestrian, Hiking, and Bicycle Trails and Bicycle Routes The City presently does not provide a formal bicycle route or recreation trail system for bicycling, walking, or horseback riding. Many informal recreation trails exist that are used for equearian and mountain bike riding and hiking. In order to implement a formal trail system, the City will need to take advantage of the remaining opportunities to obtain trail easements, obtain leases for trails along utility corridors, acquire right-of-way, require dedication of land from new development, and resolve trail conflicts. Temecula residents participate in hiking, walking, and bicycling more frequently than any other recreation activities (deriVed from the Community Survey results for the Parks and Recreation Master Plan, 1992). In planning for future bike and recreation trail facilities, residents express a strong desire for well-defined trails that link with regional routes and connect neighborhoods to parks, schools and commercial uses. Trails should be designed to provide access to key destination points within the City and region, and serve as both recreation and transportation routes. Residents place a high priority on the development of trails that provide loops wherever possible and follow the creeks and utility easements where feasible. De~.~n p~. Ptlnnlng Commission Re(mmmendalion The Parks and Recreation Master Plan includes a Draft ~ Bicycle Routes map (Figure 5-2). and a Draft R~reation Trail~ map (Figure 5 3). The Master Plan calls for the preparation of a subsequent Recreation Trails Plan to r-gm~ define route alignments, provide design standards and establish implementation mechanisms to achieve a comprehensive system of trails within the City. The recreation trails identified in Figure 5 3 will be the baeic for the final trails plan, A key to trail implementation is the establishment of procedures with the Planning and Public Works Department to ensure that recreation trail improvements become an integral part of new road and infrastructure improvements. An issue that should be addressed in the Recreation Trails Plan is the environmental impacts of trails (and resulting human intrusion) on existing plant and animal life. Pa~ f-12 CITY OF TEMECULA Open Space/Conservation Element Planning Commadon Recommendation Figure 5 3 Drab Recreation Trails TEM-OI~I$OP-OPN.~PA · Dam; January 4, 1993 Page 5-14 CITY OF TEMECULA Open Space/Conservation Element C. Conservation of Resources Deletion per Planning Comm,eslon Reoommendatk~n Although much of the City of Temecula is comprised of urbanized and/or disturbed areas which are expected to have low habitat value for native wildlife, a great variety of sensitive biological resources are known to exist or potentially exist within the remaining undeveloped areas of the Study Area. Some of these sensitive biological resources, including wildlife corridors and certain species, still are found in the City. The sensitive resources in the Study Area are closely associated with coastal sage scrub and riparian communities (Figure 5-4). In general, the resources identified below are either threatened, deteriorated or damaged primarily due to the effects of urbanization and an expanding population base. To fully underSand and appreoi:;a thc signifioanoo of the natural roseurea apses in the Study Ares, it is noooot~y to understand the ooologioal context within }~hiok Tomooula and the larger alddy area are loonted. Tomsouls otis astride tko sonflushes of Murrieta and Tomeoula Croole~ downstream of whioh is the Santa MsrgaFita Riv, or. This dpntizn sy~to..~ io of tremondou~ importance to a muck larger ages, not only beoausc of its intrinsic habitat valuo~ inoluding habitat for the endangered least Bdl's vlroo and many eandidatc and sendt~ve speoios suoh as the ~illow ~yeatoher and the ~outhweste~n pond turtle, but atso because of its funellen as a wadlife .r. ov~mont eatwider cormeating such major bierslionel areas as the Cleveland National Fo~ost, Santa Ro~a Platea~ Camp Pondloton Marine Ras~, and the Palemar Mountnine. With the lo~s of this wildlife oo.. Mar along the Santa Mnrgadta Ri,~r, T~..eoula Creek, and Poehangs Credo, the bioro&,ional areas would be fragmented snd their habitat values adversely impacted. Deletl(xl per Planning Commission Reoommendation Thc fate of the Santa Margarita River, in turn, i~ iiniwd to future land use and water resource management p~aetioos in its watershed. Nu#Aerouo publlo entities involved in watershed ~anago.':;.ont i~suos including the gastom Municipal Water Distriot, Raneke CahTornia W,~tor District, the Riverside County Flood Control Distriet~ the San Diego Regional W~ter Qualit), Control Board, looal judadiotiona within the 750 square mile water basin, and other state and federal a~oneioo, General dovelopmont polieioa~ flood eonWol polieio~ and drainage policies infiuonoe the long term viability of thc Santa Mat,get, its River habitat and bioregionally edtieal wiMlifo mov~.zz. ont oarrider. Thu~ pt.oaotive planning inoludinS offootiv~ watetwhod · T. anage.T..ent palisis& wilt be needed to p~oteet the Santa Marga~its River systs.z; and to providc a eol~e~nt open space s~to... f~r the prateslion of other ~on~itive species and biodiv~r~ity in g~neral. Other sensitive and signi~oant habitst~ such as seastel sago soruth vernal pool~ and gra~land~ are al~o found in thv stttdy area (Fig~ro 54). Volume II of the General Plan describes the natural setting of the Temecula area and the data base upon which this Element has been prepared. The following is a brief summary of those resources and open spaces that require conservation, management and/or enhancement in the Study Area. The Study Area also contains significant ~ r-~,our-e~,, landforms and cultural and historic resources' that require conservation. In TEM..OI~)SGP-OPN.S~A · Date: Janunty 4, 1993 h~e 5-15 CITY OF TEMECULA Open Space/Conservation Element The Federal Endangered Species Act of 1973 prohibits any action that would harm, harass, kill, or further endanger a listed species or its habitat. If the mountain lion is listed as endangered or threatened by the USFWS, then proposed projects within the Study Area which may affect the mountain lion or its habitat, must enter into a formal consultation process with the USFWS (as stipulated by the Endangered Species Act). The USFWS makes a determination of whether or not a proposed project would impact the species or its critical habitat. The agency also sets forth any terms and conditions necessary to fully mitigate the impact to the species. The mountain lion's range in the Santa Aria Mountains includes southern portions 0f the Study Area. If the mountain lion is listed, development within those portions of the Study Area may be subject to the approval of the USFWS. Surface waters requiring conservation and management to protect quality and quantity include, the Santa Margarita River, Temecula Creek, Murrieta Creek, Pechanga Creek, and Santa Gertrudis Creek. The ground water basin which requires conservation and management is the Murrieta-Temecula Basin which is the largest groundwater basin in the San Diego region. The basin underlies Murrieta, Pauba and Wolf Valleys. The aquifers are recharged by underflow from the Lancaster Basin, surface flow from the creek in the area, and by direct precipitation in the valleys. Agricultural resources including Prime Farmlands, Farmlands of Statewide Importance, Unique Farmlands, and Farmlands of Local Importance (see Figure 5-5). The Study Area contains areas of each of these farmland categories. The Sphere of Influence and Area of Interest also contain agricultural preserves as allowed under the California Land Conservation Act (Williamson Act) (Figure 5-6). Under a Williamson Act contract, the local jurisdiction and landowners agree to continue agricultural activities for at least ten years. In return, the jurisdiction agrees to assess the property at its agricultural value rather than at market value. Termination of the contract may be initiated by either the property owner or jurisdiction. Eleven wineries are located adjacent to the Study Area in Temecula Valley which are important to the City in terms of trade, tourism and the aesthetic character of the area. In addition, one winery is located in the Environmental Study Area. These wineries constitute the most important wine making region in Southern California. The farmlands of the Study Area and the wine country offer the potential for agricultural innovation and business development within the City. TEM-01~)SGP-0PN.SPA · Dat~: January 4, 1993 Pag~ 5-18 CITY OF TEMECULA Open Space/Conservation Element Historic and Culturally Significant Resources including: 23 recorded archaeological sites; 47 properties lined on the Historic Resources Inventory prepared by Riverside County; four listings on the California Inventory of Historic Resources; and several historic resources of local importance including the Butterfield Overland Stage Route. The Temecula properties listed in the California Inventory of Historic Resources are the Murricta Creek Archaeological Area, Temecula's first Post Office, Temeeula Quarries, and the Little Temeeula Rancho Adobe. The archaeological sites include prehistoric sites, sites occupied by Native Americans, and historical sites associated with the occupation of Temeeula Valley by Europeans and Euro-Amerieans. Figures 5-7 and 5-8 identify the sensitive archaeological and paleontological resources of the Study Area. Due to the presence of reliable water'sources and a fertile valley floor, the Temecula area has always been a desirable place to live. Temeeula contains many older structures, historic sites and districts, and archaeological evidence which may be threatened with demolition or removal as urbanization continues. 10. Nighttime skies within the Mt. Palomar Observatory conservation areas. The City is within close proximity to the Palomar Observatory which requires unique nighttime lighting restrictions. Generally, Observatory sites need to be 30 to 40 miles from large lighted areas so that the nighttime sky will not be brightened. The County of gan DisgoC//y of Temecula has adopted an ordinance which restricts nighttime lighting for areas within a 15-mile radius and a 45-mile radius of Palomar Observatory. Southeastern portions of the Study Area are within a 15-mile radius of the Observatory and ~he:zl~ ~e.~re subject to stringent lighting controls and some lim_ito6on of Uses that may generate significant amounts of light and glare to preserve nighttime skies (Figure 5-9). The Open Space/Conservation Plan (Figure 5-10) identifies the undeveloped areas of the Study Area which, at a minimum, should remain as open space or extremely low density development for the conservation of resources, including water, wildlife, and slopes. Policy guidance for the dedication of open space for public health and safety is provided in the Public Safety Element. TEM-O:',0SGP4}PN.SI~^ · Date: January 4, 1993 Page 5-21 CITY OF TEMECULA Open Space/Conservation Element III. GOALS AND POLICIES Goal 1 A high quality parks and recreation system that meets the varying recreational needs of residents. Discussion A quality parks and recreation system is a high priority for both the City and Temecula residents. Implementation of the Parks and Recreation Master Plan is a critical tirst step in achieving this goal. The Parks and Recreation Master Plan strives to attain a balance between quantitative and qualitative levels of service. This balance involves providing an acceptable amount of useable parkland, in close proximity to residents, as well as the appropriate type and number of facilities to meet the recreation needs and desires of residents. The City's parks and recreation facilities are supplemented by other local and regional facilities, which may be influenced and fostered through intergovernmental cooperation. Policy 1.1 Apply the policies and standards contained in the City's Park and Recreation Master Plan to acquire sufficient parkland and recreation facilities to support new development. Policy 1.2 Require the dedication of parkland and development of facilities to be consistent with the Parks and Recreation Master Plan. Policy 1.3 Require developers of residential projects greater than fifty dwelling units to dedicate land based on the park acre standard of five (5) acres of usable parkland to one thousand (1,000) population, or the payment of in lieu fees in accordance with the Parks and Recrection Master Plan. Policy 1.4 Park credit for land with floodplains shall be given in accordance with'the Local Park Code Parks and Recreation Master Plan. Policy 1.5 Pursue the joint use of public lands available and suitable for recreation purposes including lands under the jurisdiction of the Riverside County Flood Control District, Southern California Edison, water districts and other public agencies. Policy 1.6 Encourage the enhancement and preservation of significant natural features including, riparian areas, rock outcroppings, sensitive habitat areas and viewpoints through park design and site development. Policy 1.7 Encourage the enhancement and preservation of historic structures and landscape features in the design, development and use of parks. Policy 1.8 Encourage public safety and compatibility with adjacent use in park design and development, including location of buildings, activity areas, lighting and parking. TEM4)I~0$GP-OPN.SPA · Date: January 4, 1993 Page 5-26 CITY OF TEMECULA Open Space/Conservation Element Policy 1.9 Policy 1.10 Policy 1.11 Policy 1.12 Coordinate long range park and open space planning with Riverside County and the City of Murrieta. in the preparation of the County'c Ton Year Park Mat;tor Plan. Maximize pedestrian and bicycle access to existing and new parks as an alternative to automobile access. Encourage joint recreational use between school and park facilities when appropriate. Consider the establishment of development impact fees to cover the cost of capital improvements for parks and recreation facilities needed to serve new development. Goal 2 Conservation and protection of surface water, groundwater and imported water resources. Discussion Policy As the General Plan Study Area builds-out over the next 20 to 40 years, the impact on water resources and water quality may be significant. The protection of waterways within the community, panicu!arly the Temecula, Pechanga and Murrieta Creeks, and the Santa Margarita River, not only provides for recreation and scenic enjoyment, but also .~,~,"-;."ir-."- conserves sensitive plant and animals species. In addition, given Temecula's reliance on groundwater as a water supply for the community, it is important to ensure that recharge areas are protected and that water conservation measures are implemented to reduce the City's dependence on imported water. Policy 2.2 Policy 2.3 Policy 2.4 Coordinate with the Riverside County Flood Control District to design flood control improvements for Murrieta Creek and Temecula Creek that preserve the important natural features and resources of the local creeks and the riparian forest of the Santa Margarita River, to the maximum extent feasible. Identify and protect groundwater resources from depletion and sources of pollution in cooperation with the Rancho California Water District. Conserve potable water by requiring water conservation techniques in all new development. Use reclaimed water for the irrigation of parks, golf courses, publicly landscaped areas and other feasible applications as service becomes available from RCWD and EMWD. Pa$~ ~27 CITY OF TEMECULA Open Space/Conservation Element Deletion per Planning Commission Recommendation Deletion per Planning Commission Recommendation Policy 2.5 Policy 2.6 Policy 2.7 Policy 2.8 Policy 2.9 Policy 2.10 Require the use of soil management techniques to reduce erosion, eliminate off-site sedimentation, and prevent other soil-related problems that may adversely affect waterways in the community. Regulate and manage lands adjacent to or affecting watercourses as stipulated by the Regional Water Resources Control Board. Ensure that approved projects have J'ded a Notice of Intent and Stormwater Pollution Prevention Plan in accordance with the Federal Clean Water Act, prior to issuance of building permits. Ensure adequate inspection and enforcement of the requirements of General Construction Permits, particularly related to erosion control during grading and construenon. Participate in regional planning a ooordinated Watsrshod Planning Pregr"7_ for the Santa Margarita River Watershed in conjunction with Federal, State, Regional and local agencies, and non-profit organizations. Participate in water resource management planning witk tk~ Multi Purpose Cor~dor Planning Task Foro~ to facilitate the long-term availability of water resources for western Riverside County. Goal 3 Discussion Conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity. The interrelationship between the built and natural environments has a strong influence on the character and quality of life in Temecula. The permanent dedication of open space within the Study Area should be to conserve resources of significance, as well as to provide recreational opportunities, and to ensure viable ecological connections between significant natural areas. The preservation of natural resources helps to preserve biological diversity; provide passive recreation and educational opportunities; facilitate the maintenance of natural, life- sustaining systems; and provide residents with the opportunity to observe wildlife in natural environs. Wildlife corridors can exist in. conjunction with recreation trails and other open space uses. This multiple function leverages the protection of species of concern by simultaneously providing open space and meeting recreational needs. The intent of this goal is to identify, preserve and properly manage natural resources within and adjacent to the community. TEM.OI%OSOP-OPN.SPA *Datc: January 4, 1993 Page 5-28 CITY OF TEMECULA Open Space/Conservation Element Policy 3.1 Policy 3.2 Policy 3.3 Policy 3.4 Policy 3.5 Policy 3.6 Policy 3.7 Require development proposals to identify significant biological resources and provide mitigation including the use of adequate buffering; selective preservation; the provision of replacement habitats; the use of sensitive site planning techniques including wildlife corridor/recreational trails; and other appropriate measures. Work with State, regional and non-profit agencies and organizations to preserve and enhance significant biological resources on publicly owned lands. Coordinate with the County of Riverside and other relevant agencies in the adoption and implementation of the Riverside County Multi-Species Habitat Conservation Plan. Encourage developers to incorporate native drought-resistant vegetation, mature trees, and other significant vegetation on-site into the site and landscape design for proposed projects. Maintain an inventory of existing natural resources in the City through periodic updates of the Master Environmental Assessment. Limit the recreational use of designated open space areas where sensitive biological resources are present. Maintain and enhance the resources of the Temecula Creek, Santa. Margarita River, Pechanga Creek and other waterways to the ensure the long-term viability of the habitat, a':d wildlife, and wildlife movement corridors. Goal 4 Discussion Policy Policy Conservation of energy resources through the use of available technology and conservation practices. As with many other communities, Temecula is facing increased energy costs from an environmental and economic standpoint. The intent is to encourage the use alternative energy sources such as solar, wind, and thermal systems as they become economically feasible. Energy efficiency in the design of buildings and use of materials and fixtures is also important in reducing energy demand in the near-term. 4.1 Encourage the use of site planning techniques, building orientation and building design that reduce energy use. 4.2 Require the use of energy efficient building materials to reduce energy use. "I'~*d-01XOSGP-OPN.SPA * Date: January 4, 1993 Page 5-29 CITY OF TEMECULA Open Space/Conservation Element Goal 5 Discussion Conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features. The natural features of the Study Area provide a scenic setting for the community. Topographical features such as the western ridgeline, hillsides in the northern Study Area, and natural drainage courses should be protected from insensitive development. The environmental resources of the Santa Margarita River should also be protected from insensitive activities upstream. Public views to these areas should also be maintained to the extent possible. The City's built environment contains parkways and slopes along roadways which function as an open space amenity. These corridors should be well landscaped and maintained. The linkage of open space corridors to parks and regional recreation opportunities serves to tie the community together, as well as encourage bicycling, hiking, and equestrian activities. Such linkages simultaneously encourages other environmental benefits by using the same pathways for wildlife connections. Policy 5.1 Policy 5.2 Policy 5.3 Policy 5.4 Policy 5.6 Policy 5.7 Policy 5.8 Policy 5.9 Pursue the conservation of the westcrn and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence, and other important land forms and historic landscape features through the development review process and as a condition of project approval. Identify significant viewsheds to proposed projects that may be preserved through the dedication of open space or the use of sensitive grading, site design and building techniques. Encourage the use of clustered development and other site planning techniques to maximize the preservation of open space. Retain and improve the quality of landscaping in parkways, public slopes, rights-of-way, parks, civic facilities and other public open areas. Coordinate with Homeowner's Associations to maintain landscaping along slopes adjacent to public right-of ways. Require the dedication and improvement of parkland in accordance with the policies and standards of the Park and Recreation Master Plan. Require adequate open space in new development for both passive and active recreation. Require the revegetation of graded slopes concurrent with project development to minimize erosion and maintain the scenic character of the · community. TF..M-O/'xOSGP-OPN.SPA · Date: January 4, 1993 Palgc 5-30 CITY OF TEMECULA Open Space/Conservation Element Deletion per Planning Commieiion Recommendation Policy 5.10 Policy 5.11 Policy 5.12 Policy 5.13 Policy 5.1-1 Require the connection of open space and recreation areas to adjacent developments and publicly owned recreation areas where appropriate. Study the feasibility of establishing a System of Transferable Development Credits, in conjunction with the County, to conserve open space or agricultural uses. Incorporate seismic hazard safety zones into valley-wide open space and park systems. Encourage the use of native vegetation where re-vegetation and landscaping is to occur. Proparc a Compvohen~w Opon 8paoo Plan for tho $tudy Aroa that oontains moasuros to oonaorve sig~ifiaant habitat~ inolMing th~ dv~lopmvnt of buffsr ~aMa& and oon~butos to th~ oo~ation of r~onal biod~i~ tk~ough tke protoaaon of ~ldlifc momont Goal 6 Discussion Preservation of significant historical and cultural resources. Cultural and historical resources are defined as buildings, structures, landscape features, roads, trails, objects and sites that represent significant contributions of culture and history. Temecula's heritage lies in the abundance of cultural and historical resources still remaining in the Study Area. The intent is to ensure that these resources are preserved because they provide a link to the community's past, as well as a frame of reference for the future. Development of an Indian Cultural Interpretire Center, for example, would be a source of pride for the City of Temecula and Indian community. There is also the need to take a comprehensive approach to historic preservation that seeks to establish linkages between historic sites or buildings via other historic features such as roads, wails, ridges, and seasonal waterways. The intent of the goal is also to protect and minimize disruption of the City's archaeological resources. All such resources need active protection and preservation or they will be lost. Policy 6.1 Policy 6.2 Maintain an inventory of areas of sensitive archaeological/paleontological sensitivity in the planning area. Require sites proposed for future development to be evaluated for archaeological resources in accordance with the procedures established in a Memorandum of Agreement with the Eastern Information Center at UC Riverside. TEM-0i%050P-OPN.Si~A, Date: Jantrot/4, 1993 Page 5-31 CITY OF TEMECULA Open Space/Conservation Element Addition per Planning Commission Recommendation Policy 6.3 Policy 6.4 Policy 6.5 Policy 6.6 Policy 6.7 Policy 6.8 Policy 6.9 Policy 6.10 Policy 6.11 Require sites proposed for future development that are identified in this Element as being of high or undetermined paleontological sensitivity to be evaluated by a qualified vertebrate paleontologist. Require sims containing significant archaeological or paleontological resources to either preserve identified sites or provide for the pwfessional retrieval of artifacts prior to development. Require that a certified archaeologist and/or paleontologist and Native Amsrican ob~$rvets be present on site during grading, earth moving, or demolition of structures when these resources have been discovered during construction, and for sites designated or potentially designated as culturally significant in order to ensure these sites are preserved and protected. Native American observers may be requested to be present on site to observe and retrieve cultural resources when deemed necessary by a certified archaeologits or paleontologist and/or when mandated by state law. Preserve and reuse historical building in accordance with the Old Town Specific Plan. Pursue the acquisition and preservation of historical buildings for public facilities in accordance with the Old Town Specific Plan. Ensure compatibility between land uses and building designs in the Old Town Specific Plan Area and areas adjacent to the Specific Plan area. Encourage the use of California's Historic Building Code when preserving/rehabilitating historic structures. Support an integrated approach to historic preservation in coordination with other affected jurisdictions, agencies, and organizations for areas within the Study Area and surrounding region that seeks to establish linkages between historic sites or buildings with other historic features such as roads, trails, ridges, and seasonal waterways. Encourage the preservation and re-use of historic structures, landscape features, roads, landmark trees, and trails associated with Los Alamos Road and its vicinity. Goal 7 Protection of prime agricultural land from prenmture conversion to urbanized uses. 'VF, M-OI%OSGP4:)PN.SPA · Date: January 4, 1993 Page 5-32 CITY OF TEMECULA Open Space/Conservation Element Discussion Growth pressures are threatening valuable agricultural land, which is an important component of Riverside County's economy and the agricultural lifestyle that many residents desire. The intent is to limit the adverse effects of urbanization on areas determined appropriate for long-term agricultural uses. Policy 7.1 Encourage the continued production of prime agricultural soils, groves and other agricultural activities in the Study Area and adjacent wine country. Policy 7.2 Coordinate as necessary with Riverside County in the preparation of a County Agricultural Element. Policy 7.3 Discourage urban development in agricultural areas outside the Village Centers or the existing built-up areas of the City. Goal 8 Discussion Policy A Waft system that serves both recreational and transportation needs. Temecula residents walk, hike, jog and bicycle more frequently than participating in other forms of recreation. This level of interest is significant considering that the City does not offer a formal, developed trail system. Many opportunities remain for the City to implement a recreation trail system concurrent with new development, road improvements, and flood control improvements. The future recreation trail system should connect to regional trails and function as alternative transportation routes, where appropriate. This recreation trail system can also function to link cultural and historic sites within the area to recreational amenities along local creeks, and the open spaces of the Cleveland National Forest to the southeast and the Santa Margarita River to the southwest. 8.1 Policy 8.2 Policy 8.3 Policy 8.4 Provide a ~ city-wide recreation trails system that connects to the County's regional trail system through adoption of a Master Plan of Trails that provides for bicycling, equestrian, hiking and jogging trails and support facilities. Negotiate land deeds as necessary to implement the city-wide trail system. Require proposed development to provide trail connections to the city-wide trail system as defined by the Parks and Recreation Master Plan and Master Plan of Trails. Require development plans to identify locations for an internal trails/sidewalk system that links land uses and provides convenient travel to transit facilities. TEM-01~05(3P-OPN.SPA · Da~e: January 4, 1993 Pap 5-33 CITY OF TEMECULA Open Space/Conservation Element Prepare and adopt an implementation and improvement plan for a city-wide bicycle system to ensure that bike routes are implemented or reserved concurrent with new development. C. Conservation of Water Resources Deletion per Planning Commission Ree~mmendatlon Deletion Ixr Planning Commission Recommendation Work with the R_-::~c water districts to promote water conservation and ultimately reduce the demand for peak-hour water supply and wastewater capacity. Work with the San Diego Regional Water Quality Board and other state and federal agencies to identify opportunities and techniques for maintaining or improving water quality. Require new developments to be monitored in compliance with AB 3180 ("Mitigation Monitoring Program") and report to the City on the completion of mitigation and resource protection measures required for each project. Review individual development projects to ensure that adequate stormwater detention facilities are provided to accommodate surface water runoff generated by the project, and where needed, incorporate detention of stormwater run-off at the point of origin. Review the City adopted Uniform Building Code and require the use of water conservation measures to reduce water consumption. Such measures may include, but are not limited to, the use of plumbing fixtures that reduce water usage, low- flow toilets, drip irrigation systems and xeriscape landscaping which maximizes the use of drought-tolerant plant species. 6. Work with the County and othsr appropriate agencies. on ths praparation of a Coordinated Resoureo Managamont Plan(s) for Tomecula Creek, Peehanga Creek, ganta Margarita Rivor and othor important ecological areas. 'The Coordinated Rssouree Managemsnt Plan would idsntify s~nsitivs r~oureos, roflsc~t active and pt~ssiv, o rscraational araas, define management rssponsibilitios, ~tablish sits developmant standards, and prayida for enhancsmont of vegstation whsre naeded. 6. Require drought-tolerant landscaping in new development. 7. Where feasible, incorporate reclaimed water systems into landscape irrigation plans. Bo&,in oon~ttation with tho California Dopartmont of Fish and Gamo and tho Army Corps of En~inoors oarly in the prootis of dcaigning flood oontrol improv~monts to maximi~c tho intogration of reoourov oon~orvaaon with flood yontrot objeotive~ TEbt-01%DSGP-OpN.SPA · Date: January 4, 1993 Page 5-36 CITY OF TEMECULA Open Space/Conservation Element Evaluate and incorporate into the General Plan where appropriate the Water Resource Management Guidelines drafted by the subcommittees comprised of Eastern Municipal Water District and local jurisdictions. The water resource management subject that should be integrated with the General Plan development policies include: Water harvesting; Floodplain management; Watershed management; Groundwater basin management; NPDES requirements; Retention basins; Drainage facility design; Landbanking; and Reclamation. D. Conservation of Biological Resources Require development proposals in areas expected to contain important plant communities and wildlife habitat to provide detailed biological assessments, assess potential impacts, and to mitigate significant impacts. Require the establishment of open space areas that contain significant water courses, wildlife corridors, and habitats for rare or endangered plant and animal species. Require appropriate resource protection measures to be prepared in conjunction with specific plans and subsequent development proposals. Such requirements may include the preparation of a Vegetation Management Program that addresses landscape maintenance, fuel modification zone,s, management of passive open space areas, provision of corridor connections for wildlife movement, conservation of water courses, and rehabilitation of biological resources displaced in the development process. Develop Open Space zoning classifications that effectively regulate the types of uses and activities allowed in open space areas to minimize the impacts of grading and development in open space areas. Require new developments to be monitored in compliance with AB 3180 ("Mitigation Monitoring Program") and report to the City on the completion of mitigation and resource protection measures required for each project. Evaluate and pursue the acquisition of areas of high biological resource significance. Such acquisition mechanisms may include acquiring land by development agreement or gi~; the dedication of conservation, open space and scenic easements; joint acquisition with local agencies; the transfer of TEM-01~)$OP-0PN.SPA · Date: January 4, 1993 Pa~ 5-37 CITY OF TEMECULA Open Space/Conservation Element Deletion per Planning Commission Recommendation development rights; amt lease purchase agreements; state and federal grants, and impact fees. Utilize the resources of national, regional, and local conservation organizations, corporations, associations and benevolent entities to identify and acquire environmentally sensitive lands, and to protect water courses and wildlife corridors. Continue participation in multi-species habitat conservation ~ planning, watershed management planning, and water resource management planning efforts. Explo,o the potential of o~ablishing a lsnd mitigation bank to prsvldv an oppo,tunity for off sitc mitigation of dov~lopmont impaata~ Thc mitigation bank may be cstabli~cd jointly with the ~gkopaFaxont of Fish snd Camt~ the U.~'. Fish and Wildlife Scrvicc~ and other appropriate a~onoio~ Dovelol~aont within the City may then hav~ tkc opportunity of purchasing land or purchasing credits }~ithin the mi~gation bank to off~t impacts of development. The. City ;vouM also hav~ the opportunity to require a project to mitigate impacts through the land mitigation banIt, particularly if on site preservation of open space i~ not the biologically superior approach. E. Conservation of Energy Resources 1. Actively participate in the formation of regional siting plans and policies for energy facilities. Coordinate with Southern California Edison and the Southern California Gas Company to jointly determine what new energy options are appropriate as development proceeds. 3. Implement land use and building controls that require new development to comply with the California State Energy Regulation requirements. 4. Enforce all current residential and commercial California Energy Commission energy conservation standards. Ensure that schools and other public institutions are designed to benefit from high efficiency heating and cooling systems, advanced lighting systems and passive solar design. 6. Coordinate with utility districts in energy-related educational media programs. Adopt project-related energy conservation guidelines that would be incorporated into the development approval process to promote and require conservation strategies as development proceeds. TEM-01%05GP-OPN,SPA .Datc: January 4, 1993 Pa~' 5-38 CITY OF TEMECULA Open Space/Conservation Element F. Conservation of Open Space 1. Where feasible, secure permanent open space through dedication, easements or other acquisition mechanisms as a part of the discretionary review process. 2. Impose conditions on new development within scenic corridors or viewsheds to preserve unique visual features. 3. Require that natural landforms be respected as pan of the site planning process. Prepare a City Hillside Grading Ordinance to provide for the preservation of sensitive hillside and canyon areas, and require the use of proper soil management techniques to reduce erosion, sedimentation and other soil-related problems. Preserve the natural open space character of the City through the development of effective land development regulations. Such regulations may include limiting grading of natural land forms, limiting the intensity of development in certain areas, regulating setbacks, requiring vegetation, and conserving mature trees. Provide for a Planned Unit Development process in the Development Code to allow clustering of development and the dedication of open space for conserving natural resources, views, and providing additional recreational opportunities. Require new developments to be monitored in compliance with AB 3180 ("Mitigation Monitoring Program") and report to the City on the completion of mitigation and resource protection measures required for each project. Deletion per Planning Commission Recommendation The Comprshonsiv~ Open Spaoo Plan should identify signi~oant habitats in tke Study Area, inoluding wiMlifo .r. ovomont corridor& and consult witk appropriate ah, onoies, inoluding the Department of Fish and Game, the US Fish and W4Mlifo Sorvioo, on the ostabliok:;:.ont of buffer standads around natural aroa& Include an implementation plan that idonttyios strategies and aotions noeoaoary for the development of an open space syatom the: conserves looal and regional biotogioal rosourec~ G. Preservation of Historical and Cultural Resources Enter into a Memorandum of Agreement with the Eastern Information Center of UC Riverside to establish procedures for reviewing the archaeological sensitivity of sites proposed for development. Utilize the development and environmental review process to ensure that appropriate archaeological and paleontological surveying and documentation of findings is provided prior to project approval. TEb~-01~)S0P-OPN.SPA ·Datc: January 4, 1993 Page 5-39 CITY OF TEMECULA Open Space/Conservation Element Require effective mitigation where development may affect archaeological or paleontologieal resources. Require that an archaeologist or paleontologist be retained to observe grading activities in areas where the probable presence of archaeological or paleontological resources is identified. Enforce the provisions outlined in Appendix K of the California Environmental Quality Guidelines with regard to the preserva~.ion or salvage of significant archaeological and paleontological sites discovered during construction activities. Implement a low interest loan program through the Redevelopment Agency, when feasible, for the rehabilitation and maintenance of significant architectural, historical, and cultural buildings and districts. Consider the adoption of a Historic Preservation Ordinance to protect arohiteoturally and historically significant buildings, sites, roads/trails, and other landscape elements, tm6-ptao~ while encouraging their appropriate re usa. re-use where appropriate. Apply for recognition of local sites in the State Historic Resources Inventory, as Riverside County Landmarks, as State Points of Historic Interest, as State Landmarks, and as sites on the National Register of Historic Places, as deemed necessary. Require new developments to be monitored in compliance with AB 3180 ("Mitigation Monitoring Program") and report to the City on the completion of mitigation and resource protection measures required for each project. H. Conservation of Agricultural Resources Develop effective zoning regulations or other land use mechanisms which control the expansion of intensive non-agriculture development onto productive or potentially productive agriculture lands. 2. Recognize existing agriculture preserve contracts and promote the inclusion of additional prime agriculture land. Scenic or resource conservation easements should be evaluated as suitable means for protecting prime farmland that is located adjacent to residential areas and where the property does not qualify for inclusion in an agriculture preserve program. 4. Implement a program that uses the Village Center concept to reduce urban sprawl into agricultural .areas. TEM-01~0$GP-OPN.SPA · Date: January 4, 1993 Pag~ 5,-40 CITY OF TEMECULA Open Space/Conservation Element Require new developments to be monitored in compliance with AB 3180 ("Mitigation Monitoring Program") and report to the City on the completion of mitigation and resource protection measures required for each project. I. Conservation of Dark Skies/Astronomic Observation Resources Adopt appropriatn ordinanoos to control 0ourone of light that advert, ely aff~ot tho Painmar Obr, ervatory, including th8 arga with tho dark sky con~rvation zone d~fin~d by tho Ob~rvatory. Ensure that the City's Light Pollution Control Ordinance is complied with when building plans are submitted for permits and when project are field inspected. Ensure that Environmental Impact Reports for proposed projects address the issue of light pollution. Coordinate with Caitech in the review of draft EIR's for projects within 45 miles of the Palomar Observatory. TE.M-OI~SC3P-OPN.SPA · Dam: January 4, 1993 Page 541 OPEN SPACE/CONSERVATION PLAN Open Space for Resource Conservation Extremely Low Density (.1 DU/AC) Development for Slope and Resource Conservation Private Open Space ; General Plan Program PLANNING FIGU]~ 5-]0 Ct, a~r St,. GROWTH MANAGEMENT/ PUBLIC FACILITIES CITY OF TEMECULA Growth Management/Public Facilities Element The Growth Management Strategy for the City of Temeeula is comprised of the following ingredients: 1. Level of Service Standards Level of service standards will be established for those facilities and services that are under the direct responsibility of the City. These include fire protection, police protection, paramedic services, local flood control and drainage, solid waste collection, and local government facilities (civic center). Level of service standards are dependent upon a number of key factors, which are evolving over time. Such factors include: the needs and desires of the citizens, land use patterns and type of development, and the financial ability of the City to maintain level of service. In addition, the cost of providing and maintaining a particular level of service inherently involves an opportunity cost or what has been sacrificed to achieve level of service. For example, allocating additional resources to the police force may mean the City has foregone the opportunity to provide additional recreation facilities, day care, and other social services that assist economically disadvantaged groups. The standards for police, fire and paramedic services should be stated in response times and a personnel ratio. For facilities and services such as libraries, schools, and water supply, coordination and negotiation with the providers is required to set and maintain standards that are adequate for the community. The GMP' should develop a system for achieving adequacy, which would include the following considerations: Steps to plan, finance and build the facility; Strategies to reduce existing or projected demand; and Modifications of standards. 2. Phasing Public Facilities/Services to Support Development Guidelines will be established for requiring the needed public facilities and infrastructure to be phased in relation to development. Phasing requirements would then be tailored to individual projects prior to project approval. Specific plans should include phasing plans that specify when facilities and infrastructure improvements will be implemented to satisfy Level of Service standards. Large scale development projects should also define phasing requirements in relation to regional infrastructure and facilities plans. 3. Inter-jurisdictional Agreements Agreements will be sought as necessary with the County of Riverside, the City of Murrieta, and the County of San Diego to address land use, facilities and infrastructure decisions that have cross-jurisdictional impacts. The agreements may involve joint planning and review efforts to ensure that new development can be adequately serviced. Additionally, the agreements may involve joint TEM-OI'4}6GP~3RO.MGT · January 4, 1993 Page 6-.7 CITY OF TEMECULA ~ Growth Management/Public Facilities Element 6. Conserve Resources Develop an action plan within the GMP to begin the establishment of a comprehensive open space system. This will involve the detailed study and evaluation of the policies and implementation techniques provided in the Open Space and Conservation Element. A potentially effective tool that will be examined is the feasibility of a Transfer of Development Rights (TDR) Program. The additional mitigation measures contained in the General Plan Environmental Impact Report, particularly the Recommended Riparian Corridors (Figure 19) will also be evaluated for the GMP. This is a critical component of the GMP due to the significance of the resources to the long-term quality of life within the community. Prior to incorporation, the City experienced a severe loss of open space, and shortage of parks and recreation facilities, due to deficient park planning. Repetition of this situation, as Temecula continues to grow, can be avoided through proactive growth management planning. TEM-01'O6GP-GRO.MGT · January 4, 1993 Page 6-9 CITY OF TEMECULA Growth Management/Public Facilities Element Currently, there are two fire stations within the City of Temecula. Station 73 is located at 27415 Enterprise Circle, and Station 12 is located at 28330 Mercedes. The stations are staffed by paid and volunteer personnel. The following table identifies fire facilities and staffing levels. Table 6-1 Temecuh Fire Facilities and Staffing Equipment h'fAIION 73 1-10i~ GPM eng.,ne !-I(X)' Aerial platfo:'m -1750 GPM Outnt I-~250 GPM Rcscr,,c Engine l-Light & Air Support Personnel Banaiton Chief ~ - F'_..-'..e:: firefighters : No staff cu.,'rent[y assignca I Volunteer staffed 1-1000 GPM Engine 1-Squad 1-1250 GPM Engine 2-CDF Wildland Engines 3 firefighters Volunteer staffexi Volunteer staffed Minimum 3 timfighters each during declared fire season.. January - April one engine stuffed with 2 fire fighters. According to the ~ RCFD, current contract personnel provide adequate levels of service to the City. The County's level of service for responding to fires and providing emergency medical treatment are shown in Table 6-2. The fire department will monitor projected population increases and make recommendations regarding the addition of personnel during the contract renewal process. Three new stations are proposed by the Riverside County Fire Master Plan, which are located on Figure 6-1. TH/~-OI~O6~P~3RO. M~T * January 4, 1993 Pagc6-11 CITY OF TEMECULA Growth Management/Public Facilities Element Category 1-Heavy Urban II-Urban III-Rural IV-Outlying Table 6-2 Current Fire/Emergency Medical Service Response Time Objectives Land Uses Regional/community Commercial, heavy Fire Response Time Apply extinguishing agent to structure and vegetation Emergency Medical Service Response Time Initiate emergency medical service within industry, residential 8-20 dtt/ac. Range of commercial and industrial uses, residential 2-8 du/ac. Small scale Commercial, manufacturing, service · commercial, medium industrial land uses, residential .2-1 du/ac. Agriculture, industry, residential i dry'5 ac. within 7 minutes of dispatch five minutes of alan. for Commercial/industrial uses and within 8 minutes for residential. Initiate suppression action within 10 minutes of alarm for 90 percent of all fires. Inidate suppression action within 10 minutes of alarm for 90 percent of all fires. Initial emergency medical services within 10 minutes of alarm. Initiate emergency medical service within 10 minutes of alan. Initiate suppression action within 15 minutes of alarm for 90 percent of all tim. Initiate basic emergency fitst aid within 20 minutes of alarm, until released by medical authority. B. Police Protection Services The City of Temecula contracts with the Riverside County Sheriff's Department for taw enforcement services. This contract provides for the assignment of thirty-one (31) sworn officers and seven non-sworn officers to the City. These officers are supported by two lieutenants, seven sergeants and six investigators. Other manpower resources such as bomb disposal, emergency services team, and internal affairs investigation are provided through various divisions with the Sheriff's Department. The current personnel to population ratio established by the City of Temecula is one full-time officer per 1,000 residents. for non emergency ~rvi~. This LOS standard is currently being met within the City. The City will need to review population figures periodically and revise its contract with the Riverside County Sheriffs Department in order to maintain this u:.t. level of service concurrent with anticipated growth. TEM-01M)6GP-GRO.MGT · January 4, 1993 Page 6-12 CITY OF TEMECULA Growth Management/Public Facilities Element IV. GOALS AND POLICIES Goal 1 Cooperative management of growth among local governments within Riverside County. Discussion The City's Growth Management Element supports WRCOG's effort to develop a growth management strategy in which all Cc::nty jurisdictions within Riverside County can participate. Many of the draft policies in WRCOG's strategy, which the City has helped to shape and influence, are incorporated below. These policies link to other General Plan policies which helps to reinforce the internal consistency among the elements of the General Plan. Policy 1.1 Policy 1.2 Policy 1.3 Policy 1.4 Policy 1.5 Policy 1.6 Policy 1.7 Policy 1.8 Policy 1.9 Continue to participate with the Western Riverside Council of Governments in the preparation of plans and programs addressing regional issues, including the Growth Management Strategy, Comprehensive Transportation Plan, Water Resouroes Strategy, and School Facilities Plan. Strive to achieve the policies of WRCOG's Growth Management Strategy as appropriate through Temeeula's Growth Management Program. b,2ssist in the establishment of cooperative efforts to implement development standards which address quality of life issues. Strive to achieve economic growth and prosperity, while preserving natural beauty and the social quality of life in southwestern Riverside County. Encourage or assist in the establishment of natural reserves for the preservation of sensitive and endangered species, and to provide open space for residents. Seek to establish minimum compatibility with adjacent jurisdictions for basic development standards related to infrastructure and engineering, while preserving unique zoning and design standards. Establish a joint planning process with the County to plan for future development in the Sphere of Influence. Establish a joint review process with the County to insure that proposed projects in the Sphere of Influence can be adequately served in the future by the City. Guide the timing and provision of facilities and services to support development and protect or enhance the quality of life. January 4, 1993 Page 6-22 CITY OF TEMECULA Growth Management/Public Facilities Element Policy 1.10 Policy 1.11 Policy 1.12 Require development to pay its fair share of the costs of facilities and services required to serve the resulting level of growth. Pursue joint efforts to achieve fiscal stability for both City and County government. Consider options to jointly contract with other jurisdictions for the provisions of services or facilities to achieve economies of scale. Goal 2 Orderly and efficient patterns of growth within Temecula that enhance the quality of life for residents. Discussion The Growth Management Strategy contained in this Element is intended to be the framework for a future Growth Management Program (GMP). This GMP should be designed to influence adequacy of public facilities and services in relation to the location, phasing, type, quality and intensity of new development and redevelopmerit. It should also take into consideration the existing communities and resources of Temecula, the Sphere of Influence, and Environmental Study Area. All the policies of this Element, in essence, support this goal. Policy 2.1 Prepare and implement a Growth Management Program for Temecula. Policy 2.2 Insure that phasing of 'public facilities and services occur in such a way that new development is adequately supported as it develops. Policy 2.3 Establish and maintain level of service standards in order to document adequacy requirements. Policy 2.4 Encourage development of Village Centers, as defined in the Land Use and Community Design Elements to reduce public service costs and environmental impacts through compatible land use relationships, and efficient circulation and open space systems. Policy 2.5 Encourage new development that helps to create and maintain a balance between jobs and housing opportunities. Policy 2.6 Establish priority growth areas within the City and Sphere of Influence where near-term urbanization will be encouraged. Policy 2.7 Discourage the use of assessment districts that promote urban sprawl and premature urbanization in rural and agricultural areas. Policy 2.8 Coordinate the Growth Management Program with the Congestion Management Program as necessary. TEM-01~P-~RO.MGT · January 4, 1993 Pag~ 6-23 CITY OF TEMECULA Growth Management/Public Facilities Element Goal 3 Effective and cost efficient sheriff, fire and emergency medical service within the City. Discussion Adequate levels of sheriff, fire and emergency services is essential in assuring the security of life and property within the Study Area. Through monitoring of service levels and projected development, the continued adequacy of these services can be ensured. Additim per Planning Commission Reeommena~tion Additio~ per Planning Commission Recommendation Policy 3.1 Coordinate with th8 County of Riversida to provide sheriff service at standard levels of .~rvice. Strive to provide a minimum of one full-time officer per 1,000 residents for police protection services. Policy 3.2 Coordinate with the CoUnty of Riverside to provide fire and paramedic s~rvie~ at standard lo,~ls of s~rvico. Strive to provide a minimum response time of between 7 and 10 minutes of an alarm for 90 percent of all fires, in accordance with the Riverside County Fire Protection and Emergency Master Plan. Policy 3.3 Require new development to address fire and police protection in a pro- active and preventative way through street design, orientation of entryways, siting of structures, landscaping, lighting and other security features. Policy 3.4 Coordinate with the County of Riverside in the location and phasing of - new sheriff facilities or fire stations to ensure that adequate service levels are maintained. Policy 3.5 Promote the establishment of Neighborhood Watch Programs in conjunction with the Sheriff's Department to increase the surveillance of neighborhoods. Policy 3.6 Consider the provision of police services by the City if it is more cost effective than contracting with the County of Riverside. Policy 3.7 Promote community awareness regarding drug use and gangs through the Police Department, P'.:~!~z Community Service Department, and public service organizations. TEM..0P/)6GP-GRO.MGT ' January 4, 1993 Page 6-24 CITY OF TEMECULA Growth Management/Public Facilities Element Goal 4 Discussion Policy A quality school system that contains adequate facilities and funding to educate the youth of Temecula. Additional school facilities and funding is necessary to ensure that the high quality of education is extended to future residents of the City. Mitigating impacts of development on the school system through the imposition of development fees, and coordinating planning projections with the School District are the primary mechanisms to sustain quality educational services. 4.1 Policy 4.2 Policy 4.3 Policy 4.4 Policy 4.5 Policy 4.6 Coordinate with the Temeeula Valley Unified School District when considering General Plan amendments, development agreements, and annexations in order to assist the School District with information so that the District may provide school facilities to meet the needs of the community in a timely manner. Promote and encourage the phasing of project development so that the School District may plan, finance and construct school facilities intended to serve the development. Review proposed development in the context of the adequacy of present and future school facilities. Provide safe access for school children walking, bicycling, or driving to and from school sites through coordination between the school district, and City departments of Planning, Public Works, and Engineering. Pursue the establishment of a trade school, junior college or 4-year college in Temecula that offers an emphasis in the education required by the engineering, biotechnical and biomedical industries located in Temecula. Plan for the joint use of school/municipal facilities wherever feasible and desirable including the joint use of school grounds, buildings, City parks, multi-purpose buildings and recreation facilities. Goal 5 Discussion Public and Quasi-public facilities and services which provide for the social, cultural, civic, religious, and recreational needs of the cowanunity. As the City matures and new development consumes proportionately less attention and resources, the public and quasi-public contributions to community satisfaction and quality of life increase in importance. The intent is to establish the acceptability and desirability of certain quasi-public uses in the City's evolving land use pattern. TEM-01~06~P-GRO.MGT · January 4, 1993 Pag~ 6-25 CITY OF TEMECULA Growth Management/Public Facilities Element Policy 5.1 Acquire a civic center site and construct permanent City Hall facilities when feasible. Policy 5.2 Continue to encourage citizens to participate in community programs and volunteer for public service positions. Policy 5.3 Evaluate the feasibility of providing child care facilities in connection with employment-generating uses. Policy 5.4 Encourage the development of a senior citizens center(s). Policy 5.5 Encourage the provision of cultural facilities within the community including art museums, theaters, a performing arts center, special exhibitions, an outdoor amphitheatre, and Indian Culturai Interpretire Center. Policy 5.6 Encourage the provision of special recreation facilities such as a stadium, a zoo, and an amusement park. Policy 5.7 Encourage the sharing or combining of public facilities for educational, cultural, and recreational purposes to more efficiently utilize public spaces and to provide viable community gathering areas. Policy 5.8 Encourage the availability of sites for religious institutions and other quasi- public uses in the CityZ Policy 5.9 Cooperate with Riverside County to provide for library facilities and services that are consistent with community needs. Policy 5.10 Continue to assist non-profit community organizations in terms of financial and other forms of support to the extent feasible. Goal 6 A water and wastewater infrastructure system that supports existing and future development in the Study Area. Discussion Water availability is a critical determinant in Southern California's future growth and development. By working closely with the Rancho California Water District and Eastern Municipal Water District in developing supply options; conservation techniques, including the use of reclaimed water; and development monitoring systems, the City can ensure that development does not outpace the long-ten availability of water. Close coordination with Eastern Municipal Water District in the timely expansion of wastewater treatment facilities is equally important to the community's well-being. TEM-0r~,~P-ORO.MC;T · January 4, 1993 Page 6-26 CITY OF TEMECULA Growth Management/Public Facilities Element V. IMPLEMENTATION PROGRAMS A. Growth Management Program Addition per Plenning commission Re~omrnendatlon Prepare a Growth Management Program for Temecula that is linked to other City programs including the 5-year Capital Improvement Program, the Congestion Management Program, facilities and services master plans, and fee ordinances. The Growth Management Strategy provided in the Growth Management/Public Facilities Element should guide the scope .and focus of the Plan. B. Fire, Emergency Medical, and Police Protection Services 1. Incorporate "defensible space criteria" within the Development Code and through other ordinances to address crime prevention. Such criteria may include: Proper street and walkway lighting; Adequate off-street parking; Sufficient access to buildings and public spaces for surveillance; Burglary-resistant hardware and alarm systems; Proper landscaping of residential, commercial and industrial buildings to facilitate surveillance and minimize places for concealment; and Door, walkway and window locations in building design that permits surveillance from the street. 2. Periodically evaluate levels of sheriff, fire and emergency medical services, based on changes in population and development, with the County service providers. Consider the establishment of a Fire Facilities Impact Fee whereby new development projects are assessed a pro-rata fee to pay for fire protection facilities and equipment that serve the development. C. School Facilities Request the School District to provide the City with information concerning potential impacts associated with proposed residential development. The information should include a status report of the available school facilities to serve proposed projects. To the extent that adequate school facilities are not available on a timely basis, the City will seek to assist the District and developers in arriving at a solution to provide adequate school facilities, to the extent economically feasible. Coordinate with developers and the School District to ensure that school sites are ' adequately sized and located to meet increases in demand. Require proposed projects with school sites to include a phasing plan that links project development with the provision of a school facility when needed. TEM-01~6GP~3RO.MGT · January 4, 1993 Page 6-29 CITY OF TEMECULA Growth Management/Public Facilities Element 3. Work with the School District and developers as appropriate to seek funding for new school facilities from all possible sources. D. Public/Quasi-Public Facilities Identify and solicit funding from additional sources to supplement cultural, community, and library facilities and services. Such funding sources may include state and federal grants and loans; public and private donations; sponsorships by local and national corporations; and other private individuals and groups. Encourage the County to provide a range of health rclateci facilities in the Study Area to meet the needs of the growing population including, rehabilitation centers, walk-in medical centers, clinics, and full-service hospitals. 3. Encourage the se~a~ide designation of land for religious institutions, where deemed necessary or desirable, within master planned communities. 4. Coordinate with the County of Riverside in the location, facilities, and services of new branch libraries needed to serve existing and future development. 5. Consider the establishment of a local library impact fee to offset the cost of providing new libraries facilities to serve new development. 6. Work with the development community in the selection and dedication of land for a future civic center. Evaluate the feasibility of establishing a staff position for a Community Services Officer. The Officer would coordinate and disseminate information on public/private cultural events, volunteer opportunities, and community organizations; and assist new families in becoming familiar with the coDllnunity. E. Water and Wastewater Facilities Encourage water district programs that promote water conservation and ultimately reduce the demand for water and wastewater capacity. 2. Require new development to use reclaimed water, when feasible, for irrigation purposes. 3. Assist the water districts in projecting demand for water and wastewater service, and in projecting new capacity requirements. TEM-OI~0~3P-GRO.MGT · January 4, 1993 Page 6-30 CITY OF TEMECULA Growth Management/Public Facilities Element F. Drainage Facilities Establish guidelines for the development of regionally compatible flood control facilities, and include criteria for the preservation of natural watercourses or the development of greenbelt areas. 2. Review developer funded improvements to determine compatibility with existing and proposed regional, primary and secondary flood control facilities. 3. Identify and prioritize areas of excessive flooding and encourage the District to construct the appropriate flood control facilities to ensure public safety. P-$opm~ Facilitate the preparation of a master plan of drainage to establish the basis for a concerted effort towards the funding and construction of primary and secondary flood control facilities. G. Solid Waste Disposal Assist the Riverside County Solid Waste Management Department, when appropriate and feasible, to implement the objectives and policies of the County's Solid Waste Management Plan. Support and coordination may involve assisting in locating cost effective and environmentally acceptable solid waste sites and facilities; and establishing public service litter clean-up programs. 2. Encourage participation by private businesses in the household hazardous waste roundups, as provided for in the City's Household Hazardous Waste Element. 3. Develop a public awareness program to encourage participation in the quarterly household hazardous waste roundups. TEM-01~06GP-(3RO.MGT · January 4, 1993 Page 6-31 Cimpter ~epen PUBLIC SAFETY CITY OF TEMECULA Public Safety Element I. INTRODUCTION The purpose of the Public Safety Element is to provide a comprehensive planning framework for the protection of the community from the threat of natural and man-made hazards. The Public Safety Element is the primary tool for identifying hazards that must be considered in making land use decisions. The Element also establishes goals, policies and implementation programs to guide and direct local government decision-making in safety-related issues. A number of local, State and federal agencies are charged with public safety responsibilities. The Public Safety Element accordingly focuses on coordination with these agencies. A. Authorization and Scope California State law (Government Code Section 65302(g)) requires that every City prepare and adopt a Safety Element as follows: '~ safety element for the protection of the community from any unreasonable rislcs associated with the effects of seismically induced surface rupture, Found shaking ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides...; subsidence and other geologic hazards known to the legislative. body; flooding; and wiM land and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, peakload water supply requirements and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards." The Public Safety Element must address the issues listed above only to the extent that the issues they pertain to the community. In addition, because the Temecula Study Area is lodated within Seismic Zone 4, the Public Safety Element must also address hazardous buildings. B. Related Plans and Programs There is a complex body of State and federal legislation that relates to the protection of the public's health and safety and protection of environmental resources. The following section briefly summarizes legislation bears directly on City decision-making with regard to land use and physical development. 1. Alquist-Priolo Special Studies Zones Act The Alquist-Priolo Special Studies Zones Act requires the State Geologist to delineate and map special studies zones along all potentially and recently active fault traces. The Alquist-Priolo Zones are usually one-quarter mile in width. The Act prohibits the location of structures for human occupancy within 50 fe~t of an Alquist Priolo Zono active fault. The 50-foot set-back requirement can be CITY OF TEMECULA ~ Public Safety Element 2. Liquefaction and Subsidence/Slope Instability The potential for liquefaction in an area is a function of soil type and depth of groundwater. Soils that are poorly consolidated and combine with groundwater during an earthquake loose their shear strength and take on the properties of a heavy liquid. Liquefaction can result in the loss of foundation support, ground failure due to lateral spreading, and settlement of affected soils. Areas of potential liquefaction are located along the Santa Gertrudis and Temecula Creeks, as shown in Figure 7-2. Subsidence is the shrinking of earth material caused by natural or artificial removal of underlying support. This process occurs in poor, uneonsolidated soils, and poorly compacted fills. Seismically-induced groundshaking, both local and regional, and heavy rainfall are naturally-induced causes of subsidence. The potential for subsidence exists in Murrieta, Temecula and Wolf Valleys, as shown on Figure 7-2. Landslides are another geologic process that can be induced by seismic activity. This process involves the downslope movement of geologic materials. The stability of slopes is related to a variety of factors including, the slope's steepness; the strength of geologic materials in terms of resistance to the downslope stress of gravity; the characteristics of bedding planes, joints and faults; surface water and groundwater conditions; and other factors. Potential landslide conditions in the hillside areas of the Study Area may pose constraints to development. B. Fire Hazards 1. Natural Fire The Temecula Study Area is surrounded by rolling foothills and mountains, and is accordingly at risk of wildland fire. The Santa Ann Mountains are located west of the Study Area. Located to the south are the Santa Margarita and Agua Tibia Ranges. Figure 7 3 is a map of fir~ baird c, everity aroac in the Study Fire in undeveloped areas results from the ignition of accumulated brush and vegetation. The most critical times of year for wildland fire are late summer and fall when Santa Aria winds bring hot, dry desert air into the region. The air temperature quickly drys vegetation, thereby increasing the amount of natural fuel. Development pressures increase the threat of wildland fire on human populations and property as development pushes to the fringes of major forests . and brush areas. Increased human presence in wildland areas likewise increases the potential for man-induced wildland fire. TEM-0]~07OP-PUB.SAF · Date: January 4, 1993 7-6 CITY OF TEMECULA Public Safety Element 2. Urban Fire The predominant land use in the Temecula Study Area is low density residential development. The Study Area has experienced rapid development the past decade, and this trend is expected to continue. As the number of structural features increase, so does the incidence of fire. Building conditions that affect fire control include: type and use of structure; area of building; number of stories; roof covering materials and adjacent uses. Certain development patterns pose more difficult fire problems. These include multi-story, wood frame, high density apartment development; large continuous developed areas with combustible roofing materials; and facilities that use and/or store hazardous materials. Several older residential tracts in the City feature wood shake roofs which increase the potential for ignition and spread of fire. In addition, the fire department has identified that facilities located in the Ranthe California Business Park utilize and store hazardous materials. C. Flood Hazards Several 100-year floodplains have been designated in the Temecula Study Area and are shown in Figure 7-3. A 100-year floodplain is defined as an area that has a ons poresat or groatsr ohanoo of ~xp~rieneing flood inundation in any given y~ar, as an area where flooding is estimated to occur on an average of once in 100 years (i.e., a 1% probability of occuring each year). Areas of 100-year flooding exist adjacent to Murrieta Creek from Cherzy Avenue, easterly to the Santa Margarita River; along Santa Gertrudris Creek from Murrieta Creek to the San Diego Aqueduct; and along Temecula Creek from Murrieta Creek to the San Diego aqueduct. Existing developed areas are located within the 100-year floodplain areas, and these structures am at risk in the event of a 100-year flood. The potential for flood damage is largely confined to Murrieta Creek from Cherry Avenue to approximately one-half mile east of First Street. In the event of a 100-year flood (or greater), along Murrieta Creek, there is the potential for severe flood damage to existing commemial, industrial and retail development located along Diaz Road, Pujol Street and Front Street. The Riverside County Flood Control district is finalizing plans for flood control improvements to Murrieta Creek. which are anticipated to be ~nir,.hed in ***. The Growth Management/Public Facilities Element discusses these improvements in greater detail. D. Dam Inundation Flooding from dam failure can result from natural and man-made causes including earthquakes, erosion, improper siting and/or design and rapidly rising floodwater during heavy storms. The type of failure, ranging from instantaneous to gradual, is dependent on the building material of the dam. TEM-01',07GP-PUB.SAF · Date: January 4, 1993 Pag~ 7-8 CITY OF TEMECULA Public Safety Element Deletion per Planning Commission Reeommenetlon As shown in Figure 7-4, the Temecula Study Area is subject to inundation from three dams located in the surrounding area: Lake Skinner is an 43,800-acre feet earthen dam located northeast of Temecula. Failure of the Lake Skinner Dam would result in flooding along Tucatota Creek and Benton Road. Railroad Canyon Dam is 11,000 acre feot in sizo and ic looatod northwest of Temecula. Dam failure va3uld cause cubctantial flooding to Lake Elsinore. If thic reoeptaole ic full, seriouc flooding would oocur around and downetream of Lake 1;;lsinore, including the Temeoula area. Vail Lake is located to the east of the Study Area. Dam failure of this 51,000 acre feet facility would cause flooding in the Pauba and Temccula Valleys. Interstate 15 and an adjacent 3-mile area would also flood. Dam failure will cause loss of life, and property damage. Other efteeLs include displacement of persons residing in the inundation path and damage to infrastructure. E. Hazardous Waste Modern technology and our high standard of living has led to a dependence on products containing hazardous materials. A material is considered hazardous when it exhibits corrosive, poisonous, ~ammable and/or reactire properties, and has the potential to harm human heath and the enviwnment. Hazardous materials are generally substances used to produce high technological products. In contrast, hazardous wastes are chemical remains. These substances are no longer usable and need treatment and/or disposal. Storage, treuspon and disposal of these materials require careful and sound management practices. Hazardous materials are utilized by a number of businesses in Temecula. In addition, a number of common household products contain hazardous materials. Proper management and disposal of hazardous wastes is necessary to avoid adverse human health and environmental impacts. F. Transportation Incident The Study Area is transected by Interstate 15 and State Highway 79. These facilities serve as vital links to major metropolitan centers in southero California and the demand for these facilities is expected to increase as development continues in the Study Area. In addition to volume as a function of transportation incident, the transportation of hazardous materials on freeways increases the risks associated with an accident. The air treusportatiOn system is an additional safety-concern. The French Valley Airport is located within the Sphere of Influence, and general aviation flight paths are TI~M.Ol~O7Op-pUB.SAF · Date: January 4, 1993 Pa~c 7-10 c~t~r ~¥, NOISE CITY OF TEMECULA Noise Element Nois~ Location 1 3 4 6 7 8 9 10 monitored during the peak traffic hour to represent maximum noise levels, or during off-peak conditions and then modified to reflect peak traffic conditions. 15 16 17 18 19 SFD IND COM MS Figure 8-2 and Table 8-1 provide noise measurement data and site descriptions for the nineteen monitoring locations. As shown therein, noise levels exceeded the 60 dBA criteria (established for locating sensitive land uses) in all but five locations. Noise levels exceeded the 65 dBA criteria ( for prohibiting residential development without adequate mitigation) at seven of the nineteen locations. Six of these locations are noise sensitive recaptots. Table 8-1 Existing Noise LeveLs Day Time 7/19 5:28 p.m. 7/19 5:19 p.m. 7/19 12:34 p.m. 7/19 5:(30 p.m. 59.7 7/19 4:43 p.m. 65.0 7/19 12:52 p.m. 54.6 7/19 1:46 p.m. 66.8 7/18 5:51 p.m. 67.1 7/19 2:36 p.m. 58.1 7/19 2:14 p.m. Measured Ad~__qed 60.3 602 59.2 59.2 58.8 60.2 54.7 62.2 11 7/19 12:15 p.m. 59.3 t2 7/19 5:50 p.m. 68.1 13 7/18 5:18 p.m. 66.9 14 7/18 5:36 p.m. 58.6 7/19 4:01 p.m. 66.0 -71.0 7/19 3:22p.m. 59.9 7/19 3:11 p.m. 55.1 7/19 11:56 a.m. 64.0 7/19 3:40 p.m. 69.1 = Single-Family Dwelling = lnduettial = Commercial = Middle School Land Use Description SF'D Residence at comer of Rori paugh and Niceins SFD Midblock noise from Calla Medusa MS Noise outside classroom at Margarita Middle School 59.7 OS Park noise near playground and bar-b-qua ares 65.0 SFD Noise from Ranthe California Road; 20-25' above grade 54.6 ES Noise in front of classroom next to front paricing area; kids playing 66.5 SF'D Noise from C, eemic Dr. house 5 feet above grade 67.1 OS Duck Lake Park; noise froin Ranabe California R~ad 60.1 SFD Very high speeds on Pauba Rck some noise attenuation from vegetalion and short brick well OS Recteatiorml park; hesse from children, maintenance activities, aircraft and Off-Road Vehicles in distance 61.2 HS Noise at Temeeula Valley High School be.seball field away from permanent school structugs 68.1 SFD Noise at corner of Front and Main 66.9 ES Noise in front of Hillneat Cardan School from 1- 15 and mobile homes 58.6 CC Noise at La Petit Pgsehool child care center: primarily from freeway, some from Santiago and Yne= Rds. 66.0- IND/ Noise at property line botwcee C.L. Pharns Ready 71.0 COM. Mix and office/retail perking lot 62.0 SFD Residcnce at comer of Pala/Cupeno and Hwy 79 57.0 SF'D Midblock rest dance setback from Hwy 79; adjaeem to Ranabe Fnait Market 65.6 MS Noise at Temecula Middle School; garciening and maintenance aetivi6es on school property 71.5 SFD Corner home with high speed vehicles on Pale Road ES = Elementary School HS = High School CC = Child Care OS = OS TEM-OI%O~GP-NOI,SE · Date: January 4, 1993 PaF 8-~ CITY OF TEMECULA Noise Element the traffic volume, vehicle mix and speed, and roadway geometry, to compute typical equivalent noise levels during daytime, evening and nighttime hours. The rez~:~:=n'. resulting noise levels are then weighted and summed over 24 hourly periods to determine the daily CNEL value. Noise contours are derived through a series of computerized iterations to provide CNELs. Table 8-2 reflects the existing CNEL Range at 100 feet from the centerline for major roadways in the City. As shown, Interstate 15 is the only roadway with a CNEL level in excess of 75 at 150 feet from the roadway. Portions of Winchester Road, Raneho California Road and State Route 79 have noise levels over 65 CNEL, and portions of Jefferson Avenue/Front Street, Ynez Road and Pala Road have noise levels over 60 CNEL. Table 8-2 Existing CNEL Rnnge at 100 Feet from Centerline Roadways CNEL Range Interstate 15 74.4 - 753 Winchester Road 62.7 - 72.4 Nicholas Road 53.2 - 53.2 Solarm Way 52.0 - 57.5 Marganta Road · 46.6 - 59.5 Moraga Road 563 - 563 Rancho California Road 57.5 - 65.7 Rancho Vista Road 55.8 - 59.0 Pauba Road 51.8 - 54.3 Santiago Road 51.7 - 51.7 Jedediah Smith Road 49.9 - a9.9 SR-79 64.7 - 68.8 Diaz Route 59.8 - 59.8 Jefferson Avenue/Front Street 56.7 - 64.6 Ynez Road 52.5 - 64.9 De Ponola Road 47.9 - 47.9 Rainbow Canyon Road 53.5 - 53.5 Pain Road 6L9 - 62.6 La Paz Street 50.5 - 50.5 Calle Medusa Road 51.1 - 51.1 La Serena Way 52.6 - 54.9 I AI l~O feel from centerline. ~P.M-01~gGP-NOt,qE · Date: january 4, 1993 Page 8-9 CITY OF TEMECULA Noise Element Ill. GOALS AND POLICIES Goal 1 Discussion Policy Land use planning that provides for the separation of significant noise generators from sensitive receptor areas. The separation of noise generaton from sensitive mceptors will result in an exterior environment that requires minimal mitigation to meet acceptable noise levels. Proper planning will ensure that sensitive recoptors are not impacted by noise hazards by locating these land uses distant from each other. Noise hazard areas will be considered to include locations within the 65 CNEL contour of master planned roadways, railroad corridors, aircraft flight paths, and industrial facilities. Policy 1.2 Policy L3 Policy 1.4 Policy 1.5 Policy 1.6 Policy 1.7 Policy 1.8 Discourage noise sensitive land uses in noisy exterior environments unless measures can be implemented to reduce exterior and interior noise to acceptable levels. Alternatively, encourage less sensitive uses in areas adjacent to major noise generators but require appropriate interior working environments. Limit the hours of construction activity in residential areas in order to reduce the intrusion of noise in the early morning and late evening hours, and on weekends and holidays. Pr~para a comprehensive community Noir~ Ordinance or other implomontation program that Incorporate noise sUmdards in the Development Code to ensure that residents are not exposed to excessive levels of noise from stationary sources. Require pwposed industrial or commercial projects located near existing or planned residential areas to demonstrate that the project when constructed, will comply with the City noise requirements. Work with the school district to relocate the school bus maintenance yard to an area that will not adversely impact sensitive receptors. Ensure that current noise hazard areas in the City are identified, quantified, and mapped in a form that is available to decision makers. Utilize the information from the noise contour map in the General Plan in the development review process to ensure that noise sensitive land uses are not located near major stationary noise sources. Minimize noise conflicts between land uses and the circulation network. TEM.01~eGP-NOI.SE · Date: January 4, 1993 Page 8-16 CITY OF TEMECULA Noise Element IV. IMPLEMENTATION PROGRAMS A. Plans and Ordinances '1. Incorporate measures into all development projects to attenuate exteriorAnterior noise levels to acceptable levels. The City's noise standards for land use compatibility are provided in Table 8-4. These standards shall be adhered to and implemented during the review of all proposed development projects. L4~d Use Hillside Residential Very L~w Residential Low Medium Residential Medium Residential High Residential Neighborhood Commercial Community Commercial Highway/Tourist Commewial Service Commercial Pwfessiona| Office Business Park/Industrial PublicAnstitutional Facilities Open Space/Recreation Schools Table 8-4 Land Use with Noise Standards Interior Standard [ Exterior Standard 45 651 7O 50 70 55 75 50 70 -- 7e C6S~ 50 65 Pursuanl to Plans and Ordinances No. Z. a mmamum exle~or noise level up Io 70 dB CNEL is allowed for MuBiple-Family Housing. Exterior living areas of multiple family uses Should have a maximum noise level of 65 CNEL. A combination of site planning techniques, noise walls, and architecture treatments should be incorporated into the design of a project to ensure that the 65 CNEL is achieved. In multiple family uses where all of preceding mitigation measures have bean incorporated into the project design and the exterior living area still can not be mitigated to 65 CNEL. a maximum exterior noise level of up to 70 CNEL may be allowed. Enforce the Noise Ordinance for all non-emergency construction operations. Require a revision to the noise contour map with every General Plan Update. TI~I-OIM}SOP-NOISE · Dam: January 4, 1993 PaF 8-19 NUCLEAR HAZARD ZONE Laguna Orange County '\..,._...,~.. Lake Forrest '~' Riverside County San San Onofr~ ,'Fallbrook estion Pathway Zone ,Temecula Hwy 79 Emergency Planning Oceanside Public Education Zone San Diego County eEscondido the City of EC TEM ULA General Plan Program RGUI~E 31 Chapter Ten COMMUNITY DESIGN CITY OF TEMECULA Communi~ Design Element Policy 1.1 Policy 1.2 Policy 1.3 Policy 1.4 Policy 1.5 Promote the development of a comprehensive system of trails and open space areas that connect schools, public recreation areas, residential areas and commercial centers. Formulate a Master Plan for the Old Town Area including a detailed action plan for implementation. Develop design standards to enhance the visual character of commercial centers that are located adjacent to 1-15. Promote community identity by providing specially designed gateway signage at the primary entrances to the City. Maintain and incorporate natural amenities such as rock outcroppings, indigenous vegetation, streams and watercourses into development projects to protect the environment and provide natural landscaping, protect views, and to provide recreational opportunities in order to maintain the quality of life, Goal 2 Design excellence in site planning, architecture, landscape architecture and signage in new development and modifications to existing development. Discussion The commercial and residential areas in Temecula need strong design coordination, improved circulation linkages, open space linkages, outdoor pedestrian spaces, and a greater emphasis on quality architectural and landscape design. Policy 2.1 Establish and consistently apply design standards and guidelines for residential and non-residential development. Policy 2.2 Promote a cohesive and integrated pattern of development for large undeveloped areas, by requiring the preparation of Specific Plans. Policy 2.3 Provide development standards to ensure higher quality design that is well integrated with the infrastructure and circulation systems. Policy 2.4 Formulate flexible design standards for commercial development that enhances the special identity and visual character of the commercial development. Policy 2.5 Limit light/glare pollution through design standards for outdoor lighting and the use of low ~ad~:m intensity lights. Draft Dan: hnuaty 4, 199~ Pag~ CITY OF TEMECULA Communi.ty Design Element Policy 4.2 Policy 4.3 Policy 4.4 Policy 4.5 Policy 4.6 Policy 4.7 Policy 4.8 Formulate a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting. paving patterns, and other public improvements. Encourage variety in the design of sidewalks and trails, with respect to alignment and surface materials, to provide a convenient and enjoyable experience for the users. Establish a citywide street tree and median/Slope planting program. Where feasible, require the provision of landscaped parkways between roads and sidewalks. Arterial roads should be designed as landscaped parkways that serve as unifying urban design elements. Encourage the use of drought rc.%':.r'n: tolerant landscape materials that are easy to maintain and are approved by the City's Parks and Recreation Department. Tho City should Establish and enforce weed abatement programs on undeveloped properties and along major anerials. Goal 5 Discussion Protection of public views of significant natural features. One of Temecula's most important resources is its environmental setting. Situated in the Temecula Valley, surrounded by rolling hills and along Murrieta and Temecula Creeks, the community desires to protect and enhance the views to, and from, these natural features. Policy 5.1 Policy 5.2 Policy 5.3 Work with the County of Riverside to protect the surrounding hillside areas. Promote the development of turn-outs on scenic roads. Require the revegetation and maintenance of graded slope areas. 'r~M-01XIOGP.CDM.D~N · Draft Dat~: JanuaP] 4, 199'~ Page 10-7 CITY OF TEMECULA Community Design Element Goal 6 Maintenance and enhancement of the City's public spaces and resources. Discussion Temecula has an outstanding climate for outside activities. Pedestrian spaces, sitting areas, plazas, outdoor restaurants should be considered as a part of commercial development projects to take advantage of these opportunities. A critical aspect of the provision of public spaces is the commitment to provide necessary public services to ensure ongoing maintenance of the facilities. Policy 6.1 Provide for street furniture in areas with high pedestrian activity and pwvide for shade trees in shopping areas. Policy 6.2 Establish improvement plans for the City's public spaces and include these plans in the Capital Improvements Program. Policy 6.3 Assure that operating and maintenance costs are adequately provided for public facilities. Goal 7 Community gathering areas which provide for the social, civic, cultural and recreational needs of the community. Discussion Policy The design of projects rascals-to should encourage pedestrian activities and provide for public plazas and open spaces which promote social interaction and greater civic identity. The concentration of commercial, office public, and recreational ' uses will generate activity centers within the community that further enhance Temecula's sense of place. 7.1 Policy 7.2 Policy Policy 7.4 Policy 7.5 Encourage the development of public spaces and plazas within commercial developments that can accommodate cultural and social events and function as community gathering areas. Encourage the development of multi-purpose facilities within commercial developments that may be leased for a variety of public and private events. Encourage the development of a range of uses within commercial developments that provide for day and evening activities. Encourage development of common areas and facilities within residential developments to provide gathering areas for social and recreational activities. Encourage the development of employee lunch areas within the industrial/ business park facilities. TI~-01U0~P-COStDS~ · Draft Dat~: Janum'y 4, 199t Pags 10-8 CITY OF TEMECULA Policy 7.6 Communi~ Design Element Promote the provision of cultural facilities within the community including art museums. theatres, performing art centers, outdoor amphitheatres, and special cultural exhibitions. T[~M-01\i0(Ip-COM.D~a · DtlIgt Dat~: hnt~af~] 4, 1993 Psg= 10-9 CITY OF TEMECULA Communi.ty Design Element 6. Pedestrian-Oriented Design A significant effort should be placed upon encouraging site planning and design in commercial and business areas that is sensitive to the needs of the pedestrian. Typically, commercial development has emphasized the automobile rather than the needs of pedestrians. Building design can more effectively serve pedestrian needs through architecture that provides relief, and articulation at the first floor level. Retail uses at this level can provide streetscape contiguity that are amenable to the pedestrian. Continuous expanses of blank walls or sharp unbroken vertical surfaces create a uncomfortable atmosphere for the pedestrian. Examples of pedestrian-oriented design guidelines may include the following: a. Pedestrian Circulation Site Planning for commercial areas should carefully consider the relationship between parking areas and pedestrian circulation patterns. Pedestrian areas should be linked whenever possible to the city-wide open space and trail system to facilitate travel by walking, biking or other non-motorized means. b. Building Facades The design of building facades should be architecturally interesting and in scale with the pedestrian. The ground floor elevations should avoid large blank walls, and windows and entrances should be located at frequent intervals. Large wall surfaces should be divided with offsets to S create distinctive shadow lines. The linear pedestrian linkage of building ' facades along major streets should not be disrupted. c. Signage A coordinated signage plan for development can be an attractive enhancement to the project area. If the area has an overall theme, the signage plan should be consistent with this concept. Signage should designed at a scale that is not overpowering from the pedestrian's perspective. For example, small signs with a unique texture, shape, or interesting features can be more effective than large, massive or glaring signage. d. Streetscape Design The design of the streetscape is one factor that can contribute to the needs of the pedestrian. The effective design of the streetscape along exterior streets, as well as interior streets is essential for the creation of a convenient pedestrian environment. Continuity in landscape design, placement of street furniture, sitting areas, and use of interesting paving patterns, lighting are factors to be considered in development streetscape design. TS~.OlXt0Gp-COM.llN · DrlLft Dat~: Janusry 4, 1993 10-17 CITY OF TEMECULA Community Design Element F. Rural Character of Development The City of Temecula has rapidly developed over the past few years from a predominantly rural residential character to a more urbanized environment. Yet, there remain specific areas that are lower density and rural in character. As the City formulates development standard.', and effort should be made to pro~orv. o the character of the~e areas. and engineering standards, such standards for rural areas should be tailored to preserve the rural character as well as protect public safety. While most of the community standards are appropriate for urbanized areas, rural residential areas may require modified standard, v in subdivision requirements, zoning regulations, and engineering public improvement standards. Such standards should also focus on achieving a transition between rural areas and suburban/urban development. This transition, through the u. ve of open space buffers and other techniques, is important to ensuring compatibility between land u~es. The methods identified below should be further defined and incorporated within the Development Code and other regulations and ordinances. Whilo mo~.t of tho community standards establi,~hed for urban devolopment ar~ appropriato, the rural r~idontial are~ may roquire more ~o~tible standards, Special considerations for rural dov~lopmsnt may include the folloxving: Reductions in the minimum width of roadways and of street lighting requirements; Modifications to road pa-vomem design standards including the elimination of vertical curbs, r.r.'4 paved guttel's, and sidewalks. Alternative drainage techniques may be considered if adequate drainage conditions are provided. Provision of open space and recreation buffers, increased setback, v, landscape screening, and sensitive site planning should be considered in the design of commercial and employment uses, and higher density residential projects. Like product types and a step back in heights may also be appropriate for new residential projects adjacent to existing large lot residential areas. Where rural residential areas are near or adjacent to commercial or employment uses, site and building design should minimize the intrusion of lighting, glare and traffic noise. Within or adjacent to rural reMdential areas, higher density projects should contain lot sizes along the edge of the project and one lot dcop~ not less than 75 percent of the width of the lots of the abutting residential lot size. The lots should also be aligned in such a way that there will be no more than two lots abu~ing the existing residential uses. TEM-01\10GP-(X}M.D~N{ * Draft Dart: January 4, 1993 Page 10-26 CITY OF TEMECULA Communi,ty Design Element DietIon per Planning Commission R;;,~,T, men~ation Some cities have established a separate board to review projects from the overall design perspective. Design Review Boards are often established for Historical Preservation Districts. Critics of this approach are concerned about the possibility of creating addition layers of development review besides the Planning Commission and City Council. Design Review Boards are typically comprised of Council-appointed individuals, with representatives from the design professions. Another approach may be to increase staff capabilities in the review and evaluation of the design aspects of development review, by hiring plannc~ who have training in landscape architecture and amhitectum. Also, many cities contract with local landscape architects, engineers, and architects to provide planning review services. D. Potential Ordinances In addition to the Zoning Ordinance the City may consider other potential ordinances that can implement the goals and policies of the Community Design Element. 1. Historic Preservation Ordinance Historic Preservation Ordinance addresses historical buildings, sites and places in the community. The ordinance would establish the process through which the City may identify, and designate significant structures and sites as historically significant. The ordinance would establish guidelines and procedures for protecting and preserving the character of the historical resources. A city-wide survey of resources would be completed. As a part of the ordinance, the City may consider provisions that psrmit zoning, and parking varianoss provide flexibility for zoning, parking and building code regulations to make preservation more feasible when other alternatives are not available. 2. Enhanced Sign Ordinance A detailed study of Sign Code provisions based upon the General Plan policies should be conducted to assure consistency. Special guidelines would be formulated for signage within residential, commercial and industrial areas. If comprehensive signage programs are required the sign ordinance would indicate the minimum requirements and characteristics of the privately initiated signage programs. E. Art in Public Plnees Consideration should be given to the establishment of an Art in Public Planes Program, Similar program= ha~o been ostablir. hod in a number of California oillos that require contributions- for public art ba~d upon the building valuation for new projeots. As a part of the o~tabli~-hment of the program the City, must consider the method of administrating the program, guidelines for the soloorion of the artwork, Incalionel TI~M-01XIOGP-COM.~ · Draft Datc: Janurn7 4, 1993 Pap 10-29 CITY OF TEMECULA Community Design Element eritsria, oonstruotion guidalinss, oritsria for s61setion of artir-m, and ths rslationchip of the art,,vorlc to land~oapo dosign and arehito~ture of the projeot. Citiec v~hore An in Public~ Plao~ programs ha'w beon o~tablishod include the oitio~ of Brea, Irvino, Santa Monic:a, and Fontaria. TEM~)I\iCGP~OM.[~N · Draft Date: January 4, 1993 Pag= 10-30 Chapter Eleven ECONOMIC DEVELOPMENT CITY OF TEMECULA Economic Development Element Policy 23 Policy 2.4 Policy 2.5 Promote development of properly located and well designed commercial centers to meet the diverse service needs of the City. Promote retail and other support activities that provide a broader selection of high-quality goods and services for residents, workers and tourists, including apparel, general merchandise, home furnishings and appliances. Use redevelopment powers and opportunities to enhance development opportunities. Goal 3 Maintain an economic base to provide a sound fiscal foundation for the City as well as quality community facilities and high service levels. Discussion Prior to incorporation, the Temecula area experienced rapid growth under the jurisdiction of Riverside County. With incorporation and the ability to capture more local revenues, the City is now able to conduct fiscal planning in the context of economic development. With economic development planning, Temecula has an even greater opportunity to influence its fiscal base, resulting in a fiscal balance across land uses. Policy 3.1 Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts. Policy 3.2 Encourage the growth or relocation of industries that generate local tax and employment advantages. Policy 3.3 . Evaluate fiscal impacts of new development on an ongoing basis and provide appropriate mitigation strategies. Policy 3.4 Take advantage of Temecula's regional capture of taxable sales and continue to establish Temecula as a retailing center along the Interntale 15 corridor. Goal 4 Discussion Establishment of a diverse education and training and job placement system which will develop and maintain a high quality work force in Temecula. Residents and employers have identified education as a key element in developing the long-range economic base in Temecula. By providing superior educational opportunities and resources, with an emphasis on practical educational programs for the job mix required to serve the community, many residents will prefer to work within the City. A full range of adult education, retraining, special education, vocational/technical education and college/university level facilities and TEM-01\IIGP-EC_DEV · Date: January 4, 1993 Page 11-6 CITY OF TEMECULA Economic Development Element curriculums should be provided, aimed at responding to the educational needs of the community through each phase of development. Policy 4.1 Support economic development goals through a range of education and training activities. Policy 4.2 Establish a proactive, periodic dialogue early in the planning process between the City and educational institutions, including school districts and community colleges, on issues related to the phasing of development, service standards and demands. Policy 4.3 Explore the potential for a comprehensive extension center through UC Riverside and/or the California State University system. Goal 5 Discussion Promote the advantages to businesses of locating in Temecuin, including cost advantages, amenities, housing, community activities and civic services. Tcmccula currently has a number of favorable employment growth conditions - including demonstrated attractiveness to industry and an ideal locational advantages for company headquarters. The City wishes to focus future efforts on continuing to attract high quality clean industry. However, with the current regulatory environment and rising land prices, the City may need to clearly define incentives for businesses to locate in Temecula instead of other communities. Policy 5.1 Policy 5.2 Policy 5.3 Policy 5.4 Develop and maintain a marketing program to publicize the virtues of relocating to Temecula. Monitor the economic conditions in Temecula in comparison to other locations in California and throughout the nation to determine relative advantages. Monitor the supply of housing in relation to the supply of jobs in terms of to balance area-wide jobs, households, worker earnings and housing expenses. Monitor existing businesses in Temecula and identify the elements of a business retention program. TEM-01\llGP-EC, DEV · Date: January 4, 1993 P~ge 11-7 CITY OF TEMECULA Economic Development Element Goal 6 Discussion per Planning Commission Reoommendation Develop Temecula as a comprehensive, recognizable tourist destination, with a range of attractions throughout and beyond the sphere of influence. Because of its wine country location and historical significance, Temccula has become a limited tourist destination point. For tourism to play an effective role in the local economy, however, the industry must expand beyond Old Town and seasonal attractions and provide for year-round activities capable of generating greater tourist interest. Community leaders have expressed the desire to expand Temecula's tourism industry in a manner that complements established residential areas as well as businesses. Policy 6.1 Policy 6.2 Policy 6.3 Policy 6.4 Encourage and enhance cooperative efforts with the wine-making industry in the Temeeula Valley to promote Temecula as a destination resort. Identify commercial recreation, convention and resort activities - including golf-oriented resorts - that can take advantage of Temecula's character and climate, while complementing wine-making activities. Revitalize and enhance Old Town to expand its role in local tourism and to improve its attractiveness, accessibility, and economic vitality. Enhance the City's image through development of cultural facilities, including performing arts,. museums and art in public plaoes. TEMdI]\tlGP-EC, DEV · Date: January 4, 1993 Page 11-8 CITY OF TEMECULA Economic Development Element 2. Utilize the fiscal impact model on an ongoing basis to monitor both General and Community Service District Fund fiscal .impacts as development information becomes available. 3. Formulate land use mitigation strategies for projected deficits to incorporate a balance of land uses that will provide sufficient revenue to cover new costs. 4. Define financing techniques that will assist in funding recurring costs in addition to funding one-time capital improvements, allocating the impacts equitably between new and existing development. 5. Evaluate fiscal impacts of future annexations on an ongoing basis. 6. Carefully evaluate long-term effects of proposed City sales tax rebates to large retailers. D. Education and Job Training 1. Explore long-range potential for locating a campus of the California State University system within the Temeeula vicinity. 2. Designate a site for a community college in Temecula. 3. Establish an education and training eonsortium between the City, the school districts and local employers. 4. Prepare information on advantages of Temeeula Unified School District and Mt. San Jacinto Community College District. E. Attracting Business 1. Work with the Temecula/Murrieta Economic Development Corporation to promote the advantage~ of Temecula. 2. Continue to research market and demographic conditions to identify Temecula's relative strengths and weaknesses to firms wishing to relocate. 3. Monitor existing and projected jobs/housing relationships to provide for housing supply in balance with the labor requirements of local industry. 4. Develop commercial-oriented lodging on west side of Interstate 15. 5. Develop program to interview businesses that leave Temecula to better understand corporate location policy. 6. Determine the impact expansion of the French Valley Airport would have on businesses deciding to locate in Temecula. 7.' Work with local businesses to articulate and implement a business retention program. F. Developing Tourism 1. Determine threshold levels of golf, equestrian and related activities to provide a viable resort environment. 2. Coordinate an annual program of events with local attractions, including Old Town, golf, wineries, ballooning and future planned attractions. 3. Explore linkages .between Temeeula attractions and other attractions in southwest Riverside County. TEM-01\IIOP-ECDEV · Date: January 4, 1993 Pag~ 11-10 ATTACHMENT NO. 3 UPDATE PARCEL SPECIFIC LAND USE REQUEST MATRIX ~ Z Z _o j