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HomeMy WebLinkAbout020193 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING February 1, 1993 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Temecula, CA 92390 CALL TO ORDER: Chairman Fahey ROLL CALL: Blair, Ford, Hoagland, Chiniaeff, Fahey PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item nq~; listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. when you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda Minutes 2. 2.1 Approval of minutes of January 4, 1993 Planning Commission meeting. NON-PUBLIC HEARING Case No: Applicant: Location: Proposal: Environmental Action: Planner: Off-Site Subdivision Signs (Kiosk) City of Temecula City Wide Provide direction to staff relative to the approval process None Debbie Ubnoske W~MBERVG%PLANCOMMU~GN2-1 .PC Revised Jamjay 26, 1993 vgw PUBLIC HEARING Case No: Applicant: Location: Proposal: Environmental Action: Planner: Vesting Tentative Tract Map No. 26941, Change of Zone No. 22 Taylor Woodrow Homes, Ca Ltd. Northerly of De Portola Road, southerly of Pauba Road, westerly of Via Del Monte and Billy Joe Lane, easterly of Butterfield Stage Road. 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 to Residential Agricultural 5 acre minimum lot size and to change a portion of the site from Residential Agricultural 5 acre minimum lot size to Residential Agricultural 2.5 acre minimum lot size. (This item was previously heard at the January 4, 1993 Planning Commission meeting). To adopt an Addendum to previousiy adopted Environmental Impact Report No. 230. Craig Ruiz Next meeting: February 22, 1993, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. PLANNING DIRECTOR'S REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS ADJOURNMENT ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, JANUARY 4, 1993 A regular meeting of the City of Temecula Planning Commission was called to order Monday, January 4, 1993, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Chairman Linda Fahey. PRESENT: 4 ABSENT: I COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey COMMISSIONERS: Blair Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske, Senior Planner John Meyer and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. Aooroval of Aeenda It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to approve the agenda as mailed. The motion carried as follows: AYES: 4 COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Blair Aooroval of Minutes of November 16, 1992 Plannine Commission meeting Commissioner Hoagland amended Page 9 to reflect Commissioner Blair absent during the vote. It was moved by Commissioner Hoagland, seconded by Commissioner Ford to approve the minutes of November 16, 1992 as amended. The motion carried as follows: PCMINlI04193 -1- 1/20/93 PLANNING COMMISSION MINUTES JANUARY 4, 1993 AYES: 3 COMMISSIONERS: Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSTAIN: I COMMISSIONERS: Chiniaeff Commissioner Blair arrived at 6:10 P.M. PUBLIC HEARING 3. VestinQ Tentative Tract Mao No. 26941. Chanae of Zone No. 22 Planner Craig Ruiz presented the staff report. Craig advise~J' of the following changes to the Conditions of Approval: #4 Delete #10 include wording that will require trees to be minimum 24" box in size. Chairman Fahey opened the public hearing at 6:20 P.M. Ernie Egger, IPC, 27447 Enterprise Circle West, Temecula, representing the applicant, concurred with the staff report and modifications to the Conditions of Approval. Commissioner Hoagland suggested that cattle not be allowed at the equestrian style lots. He also expressed concern regarding the transition from the smaller lots to the larger equestrian estates. Chairman Fahey expressed concern regarding the proposed grading and the developers ability to maintain the rolling hills aspect of the area. John Wayland, 33342 Pauba Road, Temecula, representing the Pauba Ranchos (aka Country Roads) AsSociation, advised that he had received his first notification of the project on December 27, 1992 and requested additional time to review concerns regarding the densities, access to the project on streets currently maintained by the property owners, liability relating to equestrian trails, and the private landing strip which is currently in the location of the proposed project. Fred Hammersly, 41999 Via Del Monte, Temecula, questioned the proposed lighting for the project. Ernie Egger stated that the project developer is very sensitive to the desires of the surrounding property owners to retain the "night lighting" they currently enjoy. Mr. Egger added that the project has been designed with substsntial equestrian trails. PCMIN 1104193 -2- 1/20/93 PLANNING COMMISSION MINUTES JANUARY 4, 1993 Joanna Gebhardt, 48282 Via Del Monte, Temecula, asked that communications be open between City staff, the developer and the Homeowners Association. Commissioner Chiniaeff stated that he was unclear as to why the request was being presented and preferred to review the whole map prior to making any modifications, Commissioner Ford recommended modifying Condition 11-F, regarding Lot 8 and Lot 9, to read "...after constructed or obstructed"; and Condition 67 regarding Crown Hill Drive, should read "If Crown Hill Drive is not constructed and accepted ...... shall be constructed and accepted prior to the first occupancy". Commissioner Hoagland stated he felt that private roads in this type of development are inappropriate. Gary Thornhill suggested that the Conditions of Approval be amended to require a navigation easement to be placed on the property and a White Report be provided to potential property owners. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 7:05 P.M. and continue Change of Zone No. 22, Vesting Tentative Tract Map No. 26941 off calendar to allow the applicant the opportunity to address the following concerns expressed by the Commission: the E.I.R. suggesting the planting of tall trees to provide nesting, the need for conditions pertaining to the navigation easement, concerns regarding lots created by the cribwalls around the lots, maintenance of the open space areas, traffic control if the through road is maintained as a private road, buffering between the project and higher density residences, grading, as well as direction that the applicant meet with the surrounding property owners to address their concerns. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None PCMINl/04/93 General Plan Consideration of Environmental Impact Report. John Meyer presented the staff report. Chairman Fahey opened the public hearing at 7:15 P.M. Eric Brown, 45673 Clubhouse Drive, Temecula, representing the Rainbow Canyon Homeowners Association, presented the Commission with a letter commending them -3- 1120193 PLANNING COMMISSION MINUTES JANUARY 4, 1993 on their "Open Space" designation of the parcel where the Rainbow Canyon Water Park is proposed and asked that the Planning Commission limit the Open Space area in question, to conservation or passive recreation zones. Lettie Boggs, representing the Temecula Valley Unified School District, stated that the language of the E.I.R. as amended has the potential for a very negative impact on the school district and asked that the language of the E.I.R., page 625, 4.1 and 4.2 be amended to require new developments to be coordinated with the availability of school infrastructure. The Commission reviewed each of the "Listed Environmental Impacts" and accompanying "Level of Significance After Mitigation" with no modifications or amendments. Regarding Transportation/Circulation, Commissioner Hoagland suggested that City Staff require all regulatory land use agencies to provide information regarding any development that impacts transportation/circulation. Gary Thornhill agreed that this could be added to implementation. Commissioner Hoagland asked that the Commission reconsider the standards of how the City interfaces with the school district. Commissioner Hoagland stated that he supported placing the school district in the same category as any other utility when the developer has to sign-off that they have successfully meet the requirements of the school district, Commissioner Ford stated that he would agree to the modification if the school district would agree to certain parameters. Commissioner Chiniaeff stated that he would support a' modification to Goal 5, to establish a relationship between the City and the school district that provides that the City would engage in as much information exchange as possible. It was moved by Commissioner Hoagland, seconded by Commissioner Blair to direct staff to work on policies 4.1,4.2 and 4.3, establishing the school district as another utility infrastructure where the school district would make a decision and provide the City with a sign-off that the developer has mitigated any potential impacts. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Hoagland, Fahey NOES: 2 COMMISSIONERS: Chiniaeff, Ford Chairman Fahey declared a recess at 8:10 P.M. The meeting reconvened at 8:25 P.M. PLANNING COMMISSION MINUTES JANUARY 4, 1993 There was no response from the Commission on written comments received by staff regarding the General Plan. The overall consensus of the Commission was unanimous approval of the Environmental Impact Report. Chairman Fahey opened the public hearing at 8:35 P.M. Larry Markham, 41750 Winchester Road, Temecula, requested that the description for Specific Plan Area Zone 1 reflect the language in the matrix, a mixed use plan with a specific plan designation. Additionally, Mr. Markham advised that the acreage under Area One should be 55 acres, and the language under the professional office designation (page 2.33) be included under the matrix description. Mr. Markham questioned the timing of the Chaparral Study area. Concerning the area on the ridgeline, the lowest density designation goes from 0 * .1, however, the SWAP plan allows it to go down to .2. The consensus of the Commission was to leave the language as written by staff with no modifications. Ernie Eggar, representing Old Vail Partners property, asked that a modification be made establishing a designation for a specific plan overlay and/or a mixed use designation. Craig Johnson, attorney representing Scotty McDowell (Margarita Road property owner), asked the Commission to reconsider the medium density residential designation, a downgrade from high density residential as proposed under SWAP. Mr. Johnson added that the property is involved in an eminent domain action and any down zoning of the property while the City Council is considering eminent domain could be considered a down zoning for the sole purpose of diminishing the value of the property during the pending litigation. The Commission made no modifications to the Preferred Draft Land Use designations. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to close the public hearing at 9:00 P.M. and continue approval of the Draft General Plan to the meeting of January 25, 1993. The motion was unanimously carried. PLANNING DIRECTOR REPORT Gary Thornhill recommended that the regularly scheduled Planning Commission meeting for January 18, 1993 be rescheduled due to the Martin Luther King holiday. The Commission unanimously approved January 25, 1993 as the next scheduled Commission Meeting. PCMINl/04/93 -5- II20/93 PLANNING COMMISSION MINUTES JANUARY 4, 1993 Gary Thornhill advised the next Old Town Steering Committee meeting will be held on January 7, 1993. PLANNING COMMISSIONER REPORT None OTHER BUSINESS None ADJOURNMENT It was moved by Commissioner Blair, seconded by Commissioner Chiniaeff to adjourn at 9:10 P.Mo The motion was unanimously approved. The next regular meeting of the City of Temecula Planning Commission will be held on Monday, January 25, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Secretary Chairman Linda Fahey PCMIN 1/04/93 -6- 1/20193 ITEM #3 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning February 1, 1993 Off-Site Subdivision Signs RECOMMENDATION: Staff recommends that the Planning Commission: Provide direction to staff relative to the approval process for off- site subdivision signs. BACKGROUND On July 14, 1992, the Temecula City Council approved the Kiosk Sign Program. This Program Was approved to provide an effective uniform method of directing attention to development projects. A Kiosk is a free-standing, multiple sided structure whose main purpose is to display signs or information which, in this case, will be for the purpose of directing traffic to new residential developments and City and public facilities. There was discussion at the City Council meeting that if the City did not have the Kiosk Sign Program, the need would exist for many off-site signs. It was stated at the meeting, that applicants for such off-site signs would need to contact the Planning Department and that said signs would most likely not be approved. Subsequent to the approval of the Kiosk Sign Program, there have been a number of applicants at the Planning Department requesting approval for off-site subdivision signs. At this time, it is staff's understanding that these off-site subdivision signs would be permitted only through the Kiosk Sign Program. However, Section 19.6(b) of Ordinance 348 still permits off-site subdivision signs "advertising the original sale of a subdivision ...... except in the C-P-S, N-A, and W-1 Zones, provided a conditional use permit is granted pursuant to the provisions of this ordinance (348)." Staff is requesting direction from the Planning Commission relative to the handling of requests for off-site subdivision signs Attachment 1. Ordinance No. 91-40 Pertaining To The Use of Directional Signs - Blue Page 2 1 R:~S~TAFF~OSK.~C 1/26/93 ATI'ACHMENT NO, 1 ORDINANCE NO. 9140 PERTAINING TO THE USE OF DIRECTION SIGNS ORDINANCE NO. 91-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER FOUR TO THE TEMECULA MUNICIPAL CODE PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF DIRECTIONAL SIGNS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. That the Temccula City Council hereby makes the following findings: Pursuant to the Government Code Section 65360, a newly incorporated city shall adopt a genera/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: (a) The city is proceeding in a timely fashion with the preparation of the genera/plan. (b) The planning agency finds, in approving projects and taking other actions, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is a little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its Genera/Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (a) The City is proceeding in a timely fashion with the preparation of the general plan. (b) The City Council finds, in adopting land use regulations pursuant to this title, each of the following: (1) There is reasonable probability that Ordinance No. 91-40 will be consistent with the general plan proposal being considered or studied or which will be studied within a re_~onable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. There is an unsightly and confusing proliferation of off-site directional signs, relating to new residential development projects, including new rental projects (hereinafter referred to as "development projects"), and other business. Development projects by their very nature are most frequen~y located in areas where streets and highways are newly constructed. Such thoroughfares are seldom shown on maps available to persons seeking to purchase new homes; and, consequently, developers use signs, to aid such persons in locating their subdivisions. The result is a proliferation of signs which are: (I) unsigh~y and damaging to the appearance of areas such as that which is the subject of this ordinance; (2) confusing to individuals; and, (3) unsafe in that drivers of motor vehicles while searching for subdivisions or signs giving direction thereto, are distracted from the operation of their vehicles. Directionai signs are needed by developers to a greater degree than other businesses because development project sales are ordinarily conducted for a relatively limited period of time for any particular location, that is, only until all units in the subdivision are sold. Thus, listings in such conventional media as telephone yellow pages are impractical. While other media such as broadcast media and newspapers are available, and maps could be disseminated in only some of such media, the most efficient method of directing prospective purchasers to development projects is the use of directional signs posted at intersections and other critical locations. Businesses with more permanent sales locations do not share these problems and, thus, have less need of directional signs. SECTION 2, Chapter 4 is hereby added to the Temecula Municipal code, which shall read as follows: Chapter 4 "Directional Signs". PURPOSE. The purpose of this ordinance is to provide a uniform, coordinated method of offering developers a means of providing directional signs to their 5/ords91..40 -2- projects, while minimizing confusion among prospective purchasers who wish to inspect development projects, while promoting traffic safety and reducing the visual blight of the present proliferation of signs. ALrrHORITY. This ordinance is adopted pursuant to the State Planning and Zoning law, Business and Professions Code, Section 52301 and Streets and Highways Code, Section 1460. DEFINITIONS. For purposes of this Ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. When consistent with the context, words used in the present these singular include the plural. (1) "City" shall mean the City of Temecula. (2) "Contractor" shall mean a person, persons, firm or corporation authorized by a license agreement to design, erect and maintain directional and kiosk signs within the City. (3) "Directional Sign" shall mean any off-site free standing, non- flashing sign which is designed, erected, and maintained to serve as a public convenience in directing pedestrian and vehicular traffic, but not used for the purpose of advertising uses and activities on site. (4) "Kiosk" shall mean a free standing, multiple sided, structure whose main purpose is to display signs or information. (5) "Off-site Sign" shall mean any sign which is not located on the business or activity site it identifies. · (6) "Person" shall mean an individual, firm, partnership, joint venture, association, corporation, estate, trust, syndicate, district or other political subdivision, or any other group acting as an independent unit. (7) cross at the same grade. "Street Intersection" shall mean where two or more streets or roads (8) "Street or Road" shall mean the following: (a) Arterial (Urban) Highway - A Six lane divided highway with a 134 foot Right-of-Way. Arterial Highway - A six lane divided highway with a 110 foot Right-of-Way. 5/orch91-40 -3- (c) Major Highway - A highway with a i00 foot Right-of-Way. (d) Secondary Highway - A highway with an 88 foot Right-of- Way. REQUIREMENTS FOR DIRECTIONAL SIGNS AND KIOSK STRUCTURES. Notwithstanding any other provisions of this Section, directional signs shall be permitted in all zone classifications subject to the following limitations: (1) Directional signs shall not obstruct the use of sidewalks, walkways, bike and hiking Wafts; shall not obstruct the visibility of vehicles, pedestrians or traffic control signs,; shall, where feasible, be combined with advance street name signs; shall not be installed in the immediate vicinity of street intersection; and shall be limited to not more than three (3) structures between street intersections. (2) Sign structures shill b~ ladder type with individual sign panels of uniform design and color throughout the City limits. (3) Sign structures shall not exceed 12 feet in height. (4) The width of sign structures and sign panels shall not exceed 5 feet. (5) Sign panels shall not be illuminated. (6) Sign structure installations shall include "break away" design features where required in fight-of-way areas. (7) No signs, pennants, flags, other devices for visual attention or other appurtenances shall be placed on the directional signs. (8) The sign panel lettering for tract identification shall be uniform. (9) All signs erected on private property must have written consent from the property owner with the City to have a right to enter property to remove any signs not in conformance. (10) The City, and its officers and employees, shall be held flee and harmless of all costs, claims, and damages levied against them. (11) All signs must have applicable Building and Safety and Planning Department permits. (12) Placement of signs must be in accordance with permit specifications. 5/ordsgl-40 -4- (13) All signs within a public right-of-way must have an encroachment permit. DIRECTIONAL SIGNS PROHIBITED. Directional and kiosk signs, including travel direction signs, other than those on-site, are prohibited except as provided in this ordinance. AUTHORITY TO GRANT LICENSE. The City Council may, by duly executed licens~ agreement, grant to a qualified person the exclusive right to design, erect and maintain directional and kiosk signs within the entire City, or any designated portion thereof. Licensees shall be selected by soliciting r~ue~t for proposals. Notwithstanding the foregoing, any person erecting or placing directional signs or kiosk signs on-sire shall not be required to obtain a license. TERM. The terrn of each license shall be set forth in the license agreement. DIRECTLONAL SIGNS STRUCTURES: OPERATION. Licensee(s) shall make directional sign panels available to all persons or entities selling subdivisions (hereinafter referred to as "Subdivider") on a first-come, first-service basis. No sign panels shall be granted to any subdivider for a period of excess of two years. However, a subdivider who is soliciting sales of more than two subdivisions within a single planned community or a specific plan area shall not be subject to the two-year limitation during such solicitation. Licensee(s) shall maintain a separate waiting list for each sign structure. Alternatively, a subdivider may apply to licensee for a sign panel program consisting of a single sign panel on each of a series of sign structures as needed to guide prospective purchasers to his subdivision. A subdivider whose time of use for a sign panel or sign space program has expired, may reapply and shall be placed on the waiting list in the same manner as a new applicant. EXISTING SIGN PERMITS. No sign permit, use permit, or other permit authorizing placement of a directional sign issued on or before the date of adoption of this Ordinance by the City Council shall be invalidated hereby, but shall remain valid for the period for which it was issued. Any such permit issued after the date of adoption of this Ordinance by the City Council, which would not be permitted under this Ordinance shall be of no further force or effect after the effective date of this Ordinance. SECTION 3. Penalties. It shall be unlawful for any person to violate any provision of this Ordinance. Any person violating any provision of this Ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. 5/orals9140 -5- SECTION 4. The City Clerk shall certify the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this 12th day of November, 1991. Ronald J. Parks, Mayor ATI'EST: i. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the foregoing Ordinance No. 91-40 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22rid day of October, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of November, 1991, by the following roll call vote: A YES: 5 COUNCILMEMBERS: Moore, Lindemans, Munoz, Birdsall, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 5/orcls91-40 -6- ITEM #4 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning February 1, 1993 Vesting Tentative Tract Map No. 26941, Change of Zone No. 22 and Addendum to Environmental Impact Report No. 230. 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. BACKGROUND Vesting Tentative Tract Map No. 26941, Crowne Hill Estates, is a proposal to subdivide 133 acres into 28 custom single family lots. Change of Zone No. 22 is a request to change from Residential Agriculture, 6 acre minimum lot size (R-A-5) to Residential Agriculture, 2.5 acre minimum lot size (R-A-2~) for lots 7, 9, 9, 12, 13, 17, 18, 26, 27, and 28 and from R-A-2~ to R-A-5 for a portion of lot 4. Vesting Tentative Tract Map No. 26941, Change of Zone No. 22 and Addendum to Environmental Impact Report No. 230 were heard at the January 4, 1993 Planning Commission meeting. The Commission directed staff to address several issues in regards to the above referenced projects. The following issues were raised by the Commission: street maintenance, access, private streets, gated entry, street lighting, buffer/transition area, maintenance of open space, grading, proximity of private airstrip, steep driveways, number of lots, lot configuration, nesting areas and public notice. Subsequent to the Planning Commission meeting staff met with the applicant to address the above mentioned items. The following table lists each item, how it was addressed and the applicable condition numbers. 1 R:\S\STAFFRPT~26941.pC 1/26/93 klb Issue 1 ) Street Maintenance 2) Access 3) Private Streets 4) Gated Entry 5) Street Lighting 6) Buffer/ Transition Areas 7) Maintenance of Open Space TABLE I Question Who will maintain the streets? How will residents access the project? What is the appropriateness of private streets for this project. What are the standards for private streets? Will there be sufficient stacking distance for both gated entrances? What type of street lighting is required? What are the requirements for the keeping of horses? What is the buffering between the lots from VTM 23143 to the west that abut this project? Who will maintain the open space area along the 100-year flood plain? Resolution & Applicable Condition(s) The developer of the project will be required to maintain the streets until such time that the City accepts the streets for maintenance. (Condition 66) Primary access will be from Crowne Hill Drive, secondary access will be from Gastell Way. (Conditions 70, 71, 72 & applicant's Exhibit No.7) Ordinance 460, S~otion 3.3 allows for private streets in a development of this type. All private streets for the project will meet the standards of Ordinance 460. (Condition 69) The proposed project meets City standards, which require a 150 foot stacking distance and a 38 foot turning radius. (Condition 54(k) & applicant's Exhibit No. 6) Outdoor lighting shall comply with the Palomar Observatory Outdoor Lighting Policy Ordinance 461. There is no required street lighting for private streets. (Conditions 19(a) and 54(c) and applicant's Exhibit No. 4) Ordinance No. 348, Section 6.50(c) allows noncommercial keeping of horses, cattle, sheep, and goats. Theses animals are to be kept, fed and maintained not less than 50 feet from any residence existing at the time such use is established. The distance between lots from map 23143 and this project will be 60 to 300 feet. (applicant's Exhibits No. 2 & 3) The CC&R's will contain language to provide for open space maintenance and provide an easement to the HOA for access. (Conditions 11 (a) & 16) 2 R:\S~STAFFI~T~26941.PC 1/26/93 klb Issue 8) Grading 9) Proximity of Airstrip 1 O) Steep Driveways 11 ) Lot Configuration 12) Nesting for Birds of Prey 13) Public Notice Question How much grading is proposed? Will the project require an avigation easement? What is the distance from the airstrip7 The driveways appear to be excessively steep. The flag lot configuration of lots 8 and 9 may create impacts relative to the cribwall that abuts the 100-year floodplain and excessive grading. The EIR requires tree planting but this was not included in the conditions of approval, Some members of the public felt that the notice was confusing. Resolution & Applicable Condition(s) Lots 11-28 will involve grading of approximately 38% of the lot area, and lots 1-10 will involve grading of approximately 15% of the lot area. (Condition 9 and applicant's Exhibit No. 3) The developer will be required to disclose the proximity of the airstrip in the "White" report which is filed with California Department of Real Estate. The developer will .be required to grant an avigation easement to the airstrip. (Conditions 14 & 15 and applicant's Exhibit No. 5) Ordinance 460 allows for driveways to have a maximum of 15% slope. The steepest proposed driveway is 13% for lots 15 and 28. (Condition 57) The applicant has modified lots 7, 8 and 9. The reconfiguration reduces the grading and 100-year floodplain impacts but results in increasing the area of the zone change. (applicant's Exhibit No.4) Trees will be required to be planted within the 100-year floodplain. (Condition No. 24) Staff has re-noticed the item. It is staff's opinion that the re-design of the map and associated zone change mitigates concerns relative to the "flag lot' condition as it relates to lots 8 and 9 which was a concern of the Planning Commission. It is further staff's feeling that the additional information provided subsequent to the January 4, 1992 Planning Commission meeting adequately addresses the Commission's concerns relative to the issues raised at the meeting. 3 R:\S\STAFFI~l'~28941.PC 1/26/93 klb Attachments: Amended Resolution No. 93- - Blue Page 5 Amended Conditions of Approval o Blue Page 11 Exhibits - Blue Page 27 A. Vicinity Map B. Amended Vesting Tentative Tract Map No, 26941 C, Amended Zone Change No. 22 D. Tentative Tract Map 23143 Applicant's Exhibits 1-7 - Blue Page 32 4 R:\S~STAFFRPT~26941.PC 1/26/93 klb ATTACHMENT NO. 1 AMENDED RESOLUTION NO, 93- 5 R:~S\STAFFRPT%28941.pC 1/26/93 klb RP-~OLUTION NO. A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TENIECULA RECOMM~NDING APPROVAL OF CHANGE OF ZONE NO. 22 TO CHANGE ~ ZONING FROM 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-2x/~ 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 SUBDIVIDE A 133 ACRE PARCEL INTO 28 CUSTOM SINGLE FAM~-Y LOTS LOCATED SOUTH OF PAUBA ROAD, NORTH OF DE FORTOLA ROAD, EAST OF VIA NORTE AND WEST OF B~JJD STAGE ROAD. Wlt~.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 hw; WHEREAS, the Planning Commission considered said applications on January 4, 1993 and February 1, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WltER.EAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, TtIF. RE~RE, THE PLANNING COMMISSION OF ~ CITY OF TE1VIECtYLA 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, ff all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: R:\5~STAFFRPT~26941.PC 1126/93 a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal be'rag considered or studied or which will be studied within a reasonable lime. b. There 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 aftion complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of said applications makes the following findings, to wit: Change of Zone No. 22 1. 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 l~nd 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 wffi not have an adverse effect on the environment since mitigation measures of Environmental Impact Report No. 230 and the Addendure to Environmental Impact Report No. 230 have been incoq~orated to the project design and Conditions of Approval for Vesting Tentative Map 26941 to reduce the impacts to a level of insignificance. 7 R:\$~STAFFF~T~2694,l.PC 1126/93 klb Vesting Tentative Tract Map No. 26941 1. Them 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 Residep~tial! 2. There 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 Go~,,ernmental Code Sections 65000-66009 (Planning and Zoning Law). 4. The project as designed and conditioned will not adversely affect the public health or weftare since all impacts have been mitigated 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 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 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 District's requirements. 8 R:\S~STAFFRPT~26941.PC 1/26/93 klb 10. The design of the subdivision provides to the extent feasible, for future passive or natural healing 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. 12. Theproject will not havea 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. 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 Addendum 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 incorporation 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 Notre and west of Butterfield Stage Road subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED this 1st day of February, 1993. LINDA FAHEY CHA~AN 9 R:XS~STAFFRPT~28941.PC 1/26/93 klb 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 1st day of February, 1993 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: GARY THORNHILL SECRETLY 10 R:~S\STAFFRPT~28941 .PC 1/26/93 ATTACHMENT NO. 2 AMENDED CONDITIONS OF APPROVAL 11 R:~S\STAFFRPT~28941 ,PC 1/26/93 kJb 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 (9875.00) which includes the Eight Hundred, Fifty Dollar (9850.00) fee, in compliance with AB 3158, required 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)o 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 hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 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 12 R:%S~STAFFRPT~26941 .PC 1/26/93 Idb 5. 6. 7. 8. 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. Thc dcvclopmont of thi~ projoot shall be oon~istont with Dcvelopmcnt Agrecmc, nt No. 2-6=. (deleted by Planning Commission January 4, 1993) The development of this project shall 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, lO0-year flood plain, recreation areas, parking areas, private roads, and exterior of all buildings, (amended by staff February 1, 1993) 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. 13 R:\S\STAFFRPT~26941 ,PC 1/26/93 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 or structures shall be constructed. An exhibit shall accompany the CC&R's to delineate this area. (amended by Planning Commission January 4, 1993) 12. Lots created by this subdivision shall comply with the following: 13. 14. PRIOR 15. 16. 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. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. The applicant, their assignees and successors shall provide and distribute an airport disclosure statement to all potential home buyers of Vesting Tentative Tract No. 26941. Said disclosure shall be distributed separately and in addition to the public report prepared for the Department of Real Estate. Said disolosure shall be presented to and signed by the potential home buyer, prior to entering into any contract for purchase. Said disclosure shall be approved by the Planning Director as to form, and shall advise of potential airport impacts, and the potential requirement of an avigation easement. (amended by Planning Commission January 4, 1993) TO RECORDATION: An avigation easement to the Pauba Ranchos Airstrip shall be granted. Said easement shall be approved by the Planning Director and City Attorney as to form and content. (Amended by Planning Commission January 4, 1993) An easement for maintenance of the 100-year flood plain shall be granted to the Home Owners Assooiation. (Amended by Planning Commission January 4, 1993) 14 R:\S\STAFFRPT%26941,PC 1/26/93 VJb 17. 18. 19. 20. 21. 22. PRIOR 23. Subdivision phasing, if applicable, shall be subject to Planning Department approval. Any delinquent property taxes shall be paid prior to recordation of the final map. Any delinquent property taxes shall be paid prior to recordation of the final map. 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." "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 or obstructions shall be allowed." This area is to be identified on the ECS sheet. (amended by Planning Commission January 4, 1993) An avigation easement to the Pauba Ranchos Airstrip shall be granted. Said easement shall be approved by the Planning Director and City Attorney as to form and content. (amended by Planning Commission January 4, 1993) 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 Addendum 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 responsible party for monitoring the mitigation measures. All costs necessary to implement this program shall be the responsibility of the applicant. The applicant shall delete all references to the Regional Biological Enhancement Area that are presently shown on the Tentative Map, TO ISSUANCE OF GRADING PERMITS: 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 required if deemed necessary by the Planning Director. 15 R:~S~STAFFRPT~26941 .PC 1/26/93 klb 24. 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. 25. 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, tall tree planting for birds of prey within the lO0-year flood plain, 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, {amended by the Planning Commission January 4, 1993) 26. 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. 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: 27. Individual homes on individual lots shall require Planning Department approval. 28. 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. 16 R:%S\STAFFRPT%26941 .PC 1126/93 klb 29. 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 (9100) per lot/unit shall be deposited with the City as mitigation for public library development. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 30. All landscaping and irrigation within each individual lot shall be installed an 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. 31. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. 32. 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 tlie conditions shall be referred to the appropriate staff person of the Department of Public Works. 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 require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS: 33. 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. 34. 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. 35. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 17 R:\S',STAFFIl~T~26941 .PC 1/26/93 klb 36. PRIOR 37. 38. 39. 40. 41. 42. 43. 44. 45. 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. TO ISSUANCE OF GRADING PERMITS: The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 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. 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. 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; 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. An erosion control plan shall be prepared by a registered civil engineer end 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, 16 R:~S\STAFFRPT~26941 .PC 1/26/93 klb 46. 47. 48. 49. 50. 51. 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 dn 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. Fm 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 ~luantities 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. Concrete lined drainage swales with energy dissipators 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. 19 R:\S~STAFFRPT~26941 .PC 1126/93 klb 52. PRIOR 53. 54. 55. 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 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. 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 ~lans 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 Cea 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. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works, Private driveways from street to residence shall be a minimum width of 16 feet of A.C. Paving or P.C.C. Concrete. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. All fire truck turnarounds shall be fully paved with material consistent with the driveway improvements. 20 R:%S\STAFFRPl~26941.PC 1/26/93 56. 57. 58. 59. 60. 61. 62. 63. PRIOR 64. 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. A minimum of 150 feet of tr.~ffic vehicle stacking area shall be provided between the access control box of any gated entry and the right of way of intersecting public streets. A Turnaround with a minimum 38-foot radius shall be provided before the gated entry. (amended by Public Works staff February 1, 1993) 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 stregts 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. TO RECORDATION OF FINAL MAP: 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 21 R:\$\STAFFRPT~28941.PC 1/26/93 klb 65. 66. 67. 68, 69. 70. 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. 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 Temecule 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 Uo S. Army Corps of Engineers Legal all-weather primary and secondary access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. (amended by Public Works staff February 1, 1993) 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. 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. R:%S~STAFFIIaT%26941.PC 1126/93 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. McMahon Drive shall be fully improved with 44 feet of asphalt concrete pavement from the tract boundary to Crowne Hill Drive, 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'). Castell Way shall be improved with a minimum of 32 feet of asphalt concrete pavement from the tract boundary to Crowne Hill Drive, or bonds for the street improvements may be posted, within a 60-foot minimum right-of-way in accordance with City Standard No. 106, Section B (60'/32'). 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 the first occupancy. {amended by the Planning Commission January 4, 1993) 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 off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 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 per 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. 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 R:~S\STAFFRPT~28941.PC 1/28/93 klb 82. 83. 84. 85. PRIOR 86. 87. 88. 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 o 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 wi~h 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 with any underlying maps related to the subject property. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 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. 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. 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 24 R:\S\STAFFRPT~28941.pC 1/26193 klb developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; orovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 89. 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. 90. All signing and striping shall be installed per the approved signing and striping plan. 91. The subdivider shell provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 92, 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: 93. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health De partment's transmittel dated October 31, 1991, a copy of which is attached. 94. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated February 22, 1986, 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. 95. 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. 96. The applicant shall comply with the recommendations outlined in the Rencho California Water District transmittal dated October 31, 1991, a copy of which is attached. 97. The applicant shall comply with the recommendations outlined in the Army Corps of Engineers transmittel dated December 2, 1991, a copy of which is attached. 26 R:\S\STAFFRPT~26941.pC 1126193 klb 98. Applicant shall comply with the recommendations outlined in the Temecula Valley Unified School District transmittal dated December 3, 1992. TEMECULA COMMUNITY SERVICES DEPARTMENT 99, 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. 100. 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). 101. All proposed slopes end 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. 102. 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. 103. 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. 104, 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. 105. 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~26941.PC 1/28/93 kJb ATTACHMENT NO. 3 EXHIBITS 27 R:\S\STAFFRPT~26941.PC 1/26/93 klb CITY OF TEMECULA VICINITY MAP N.T.S. CASE NO.: Vesting Tentative Tract Map No. 26941 EXHIBIT: A P.C. DATE: February 2, 1993 VICINITY MAP 28 R:XS\STAFFRoT~26941.PC 1126/93 klb CITY OF TEMECULA VESTING TENTATIVE TRACT MAP NO. 26941 '-~'/~ :'.-......~ .../ CASE NO.: Vesting Tentative Tract Map No. 26941 EXHIBIT: B AMENDED VTTM NO. 26941 P.C. DATE: February 2, 1993 R:\S\STAFFRPT%26941.PC 1/26/93 klb CITY OF TEMECULA CHANGE OF ZONE NO. 22 CASE NO.: Vesting Tentative Tract Map No. 26941 EXHIBIT: C AIVIF'-~ED ZONE CHANGE NO. 22 P.C. DATE: February 2, 1993 R:\S\STAFFRPT~26941.PC 1126/93 klb CITY OF TEMECULA REVISED VESTING TENTATIVE TRACT MAP NO. 23143 Crowne Hill CASE NO.: Vesting Tentative Tract Map No. 26941 EXIHRIT: D TENTATIVE TRACT MAP NO. 22143 P.C. DATE: February 2, 1993 31 R:\$%STAFFRPT%26941.PC 1126/93 klb ATTACHMENT NO. 4 APPLICANT'S EXHIBITS 1-7 R:~S\STAFFRPT%26941.pC 1/26193 kJb i..Z W ..~0 ZZ 02: 1l:0 C.) \ I Property Line Single Family Lots ~ Estate Lots : 125' : 53' Section C - C """~"' '1" Existing Ground Line Property Line Single Family Lots .~ Estate Lots ~ 118' [ ...... '~" ' '= "" ~5:l' ' '- - - '~___['~'Z'Y~__, Seelion B - B ~"~is.ng Ground Line Properly Single Family Lots , Estate Lots 113' Section A- A NOTE: See Exhibit 3 For Locations of Cross Sections Crowne Hill Estate Lots Cross Sections of Transition Areas Ext~bit 2 193' Boad ....... Existing Ground Line % f~ nl m 150' TRAFFIC STACKING AREA'- MINIMUM GATED EN:TRY -,~ -o PRIVATE STREET 11 Iil 'o % ,,J CURB LINE ENTRY AREA DETAIL EXHIBIT #6 '1 LJ A