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HomeMy WebLinkAbout062001 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title HI AGENDA CALL TO ORDER: Flag Salute: Roll Calk PUBLIC COMMENTS TEMECULA PLANNING COMMISSION AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 20, 2001 - 6:00 P.M. Next in Order: Resolution: No. 2001-018 Chairman Guerriero Chiniaeff, Mathewson, Telesio, Webster and Guerriero A total of 15 minutes is provided so members of the public may address the Commission on items that are listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not 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 for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. Aqenda RECOMMENDATION: 1.1 Approve the Agenda of June 20, 2001 R:\PLANCOM M~Agendas~2001\6-20-01 .doc 1 2 Director's Hearinq Update RECOMMENDATION: Receive and File COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. 3 Planninq Application No. 00-0419 - General Plan Amendment for Harveston Planninq Application No. 99-0418- Harveston Specific Plan No. 13 Planninq Application No. 99-0418 - Development Code Amendment Planninq Application No. 99-0418 - Specific Plan Zonin.q Standards Planninq Application No. 00-0189 - Harveston Environmental Impact Report Planninq Application No. 99-0245 - Chanqe of Zone Planninq Application No. 99-0446 - Development Aqreement Planninq Application No. 00-0295 - Tentative Tract Map No. 29639 Planninq Application No. 01-0030 - Tentative Tract Map No. 29928 Planninq Application No. 01-0031 - Tentative Tract Map No. 29929 Plannin.q Application No. 01-0032 - Tentative Tract Map No. 30088 Patty Andersl Associate Planner/Saied Naaseh, Proiect Planner V/Dave Hoqan, Senior PlannedDebbie Ubnoskel Director of Planninq. Continued from May 161 2001 and June 6, 2001. RECOMMENDATION: 3.1 Adopt a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT (PLANNING APPLICATION 00-0189). R:\P LANCOMMW. gendas~001\6-20-01 .doc 2 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLLOWING: 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) THE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99-0418); 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0245); AND 5) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 99- 0418); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910- 261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060- 009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911- 630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023, AND 911-180-028; 3.3 Adopt a Resolution entitled: PC RESOLUTION NO. 2001-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; AND PLANNING R:\PLANCOMrv~Agendas~O01\6-20-01 .doc 3 APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261, -001, 910- 261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060- 009, 910-120-008, 911-630-001, 911-630-002, 911-630-003, 911- 640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911- 180-028. 4 Planninq Application No. PA01-0105 Minor Conditional Use Permit Appeal) Rick RushI Proiect Planner RECOMMENDATION: 4.1 Adopt a Notice of Exemption for Planning Application No. 01-0105 (Minor Conditional Use Permit) pursuant to Section 15332 of the California Environmental Quality Act Guidelines. 4.2 Adopt a Resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA01-0105 (Minor Conditional Use Permit- APPEAL), UPHOLDING THE DIRECTOR OF PLANNING'S DECISION TO APPROVE PLANNING APPLICATION NO. PA01- 0105 THE EXPANSION TO THE TEMECULA VALLEY R.V. TO INCLUDE THE FOLLOWING USES; RECREATIONAL VEHICLE SALES, RENTAL AND STORAGE, BOAT SALES AND STORAGE, AND TRUCK RENTAL LOCATED AT 28897 OLD TOWN FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL #'S 922-110-018 AND 922-110-019; R:\P LANCOMM~Agendas~001\6-20-01 .doc 4 4.3 Or Adopt a Resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING THE APPEAL OF PLANNING APPLICATION NO. PA01-0105 (Minor Conditional Use Permit-APPEAL), REVERSING THE DECISION OF THE DIRECTOR OF PLANNING'S TO APPROVE PLANNING APPLICATION NO. PA01-0105 THE EXPANSION TO THE TEMECULA VALLEY R.V. TO INCLUDE THE FOLLOWING USES; RECREATIONAL VEHICLE SALES, RENTAL AND STORAGE, BOAT SALES AND STORAGE, AND TRUCK RENTAL LOCATED AT 28897 OLD TOWN FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL #'S 922-110-018 AND 922-110-019. COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next Regular Meeting: June 27, 2001, Council Chambers, 43200 Business Park Drive Temecula, CA 92590 R:\PLAN COMM~Agendas~001\6-20-01 .doc 5 ITEM #2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Director of Planning June 20, 2001 Director's Hearing Case Update Planning Director's Agenda items for May, 2001 Date Case No. Proposal Applicant Action May 10, 2001 PA01-0105 Request to expand Temecula Temecula Valley Approved Valley RV. 'Tl~e expansion will RV include RV sales, rental, storage, boat storage, truck rental and a dump station. Trans-Pacific May 24, 2001 PA01-0121 The fifth one-year Extension of Consultants Approved Time for Tentative Tract Map (Sam Yoo) 23209 Attachments: 1. Action Agendas - Blue Page 2 R:\DIRHEAR\MEMO\2001 \April2001 .memo.doc 1 A'n'ACHMENT NO. 1 ACTION AGENDAS R:\DIRHEAR\MEMO\2001~ApriI2001 .memo.doc ACTION AGENDA TEMECULA DIRECTOR'S HEARING REGULAR MEETING MAY 10, 2001 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Planning Manager on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item no~t listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Planner. 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 Senior Planner before that item is heard. There is a three (3) minute time limit br individual speakers. Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Case Engineer: ACTION: PA01-0105 (Minor Conditional Use Peri. it) Temecula Valley RV 28897 Old Town Front Street, Temecula Request to expand Temecula Valley RV, the expansion will include RV sales, rental, storage, boat storage, truck rental and a dump station. This project is exempt from CEQA review due to Class 32 Categorical Exemption 15332 (In-fill Development Project) Rick Rush Mayra De La Torre APPROVED P:XPLANNING\D1RHEAR\2001 \05-10-01 AGENDA_doc ACTION AGENDA TEMECULA DIRECTOR'S HEARING REGULAR MEETING MAY 24, 2001 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL '70 ORDER: Don Hazen, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Planning Manage~ on items that are not listed on the Agenda. Speakers are limited to three (3) minutes ~ach.' If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Panner. ' When yo~u are called to speak, please come f~rward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before th~at item is heard. There is a three (3) minute time limit br individual speakers. Case N~: Applicant: Locationl Proposal: Enwronmental Action: I Case Pl!nneri Case Engineer: ACTION~ Planning Application No. PA01-0121 (Extension of Time) Trans-Pacific Consultants (Sam Yoo) At east of the intersection of La Serena Way and Walcott Way along Butterfield Stage Road. The fifth one-year Extension of Time for Tentative Tract Map 23209 Determination of Consistency with a project for which a Negative Declaration was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Rick Rush Mayra De La Torre APPROVED p:\PLA NNING\DIP, HEAR\2001 \05-24-01 AGENDA-doc ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 20,2001 Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application No. 00-0419 No. 99-0418 No. 99-0418 No. 99-0418 No. 00-0189 No. 99-0246 No. 99-0446 No. 09-0295 No. No. No. - General Plan Amendment for Harveston - Harveston Specific Plan No. 13 - Development Code Amendment - Specific Plan Zoning Standards - Harveston Environmental Impact Report - Change of Zone - Development Agreement - Tentative Tract Map No. 29639 01-0030 - Tentative Tract Map No. 29928 01-0031 - Tentative Tract Map No. 29929 01-0032 - Tentative Tract Map No. 30088 Prepared By: Patty Anders, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 00-0189). R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMEcuLA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLILOWING: 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) tHE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99- 0418~; 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO ~AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0245); AND 9) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE iPLANNING APPLICATION NO. 99-0418); 8) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON DEVELOPMENT AGREEMENT FOR THE SERVICE COMMERCIAL AND RESIDENTIAL PORTIONS OF THE SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0446); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST oF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910- 26t-001; 910-261-002, 910-110-0t3, 910-110-015, 910-110-020, 910-110- 021, 910~t '10-027, 910-110-076, 910-100-007, 910-t 00-008, 910-060-009, 910~-120~005, 910-120-007, 910-120-008, 911-630-00t, 911-630-002, 911 - 630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180- 004~, 911-180-008, 911-180-009, 911-180-015, 911-180-023, AN D 911-180- 028. ADOPT a Resolution entitled: PC RESOLUTION NO. 200t- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO~. 00.0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OFIAPPROXlMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE pLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SIT]ES OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OFJAPPROXlMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN pLANNING AREA 7 OF THE HARVESTON R:LS P~Harw.~ston SPgoCi Docs\ PC STAFFRPT.doc 2 SPECIFIC PLAN; PLANNING APPLICATION NO. 0t-0031 -TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; AND PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261, -001,910-261-002, 9t0-110-013, 910-110-015, 910-110-020, 9t0-110-021,910-tt0-027, 9t0-tt0-076, 910-100-007, 910- 100-008, 910-060-009, 910-120-008, 911-630-001, 911-630-002, 911-630- 003, 9t t -640-00t, 911-640-002, 91 t -t 80-002, 911-180-003, 911-180-004, 911-t80-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. APPLICATION INFORMATION APPLICANT: Lennar Communities REPRESENTATIVES: Bill Storm, Lennar Communities Jayna Morgan, EDAW Matthew Fagan, Fagan Consulting Bill Green, RBF Consulting PROPOSAL: A Specific Plan consisting of approximately 550 acres proposing 1,921 residential units with a variety of residential product types and lot sizes; a 12 acre elementary school site; a 7 acre lake with a 6.9 acre lake park; a 16.5 acre community park; a 13.8 acre arroyo open space park; a Mixed-Use Overlay zone (Village Green); and 112.5 acres of Service Commercial land adjacent to Interstate 15. A Development Code Amendment to amend Section 17.16.070 of the City of Temecula Development Code and adopt the Specific Plan Zoning Standards for residential and commercial development contained in Chapter 11, Development Standards, of the Harveston Specific Plan. A General Plan Amendment for the reallocation of the existing land uses within the Specific Plan. for the two excluded parcels that are not owned by Lennar and the approximately 1.3 acre pamel north and west of Ynez Road and Equity Drive. The Land Use designation for the excluded parcels will be changed from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). The Land Use Designation of the triangular piece will be changed from Service Commercial (SC) to Business Park (BP). R:~S P'~'--larveston SP\PC Docs\ PC STAFFRPT.doc 3 LOCATION: EXISTING: ZONING: A change of zone for the 1.3-acre parcel located north and west of Ynez Road and Equity Drive to remove this parcel from the existing SP (Specific Plan) zoning classification, as it is not part of the proposed Specific Plan. The zoning will be changed to LI (Light Industrial) and will be consistent with the General Plan Land Use Designation of Business Park (BP). A City initiated change of zone for the two excluded parcels is also required. The two parcels are currently zoned SP and will be changed to LM (Low Medium Density Residential) to provide appropriate development potential. East of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit. SP (Specific Plan) SURROUNDING PROPOSI--D ZONING: ~NING: North: Residential/Business Park South: Community Commercial and Public Institutional East: Low Medium and Medium Residential West: Service Commercial and City of Murrieta MU-2 (Industrial) SP (Specific Plan) No. 13, Harveston, LM (Low Medium) density for the two excluded parcels not owned by Lennar, and LI (Light Industrial) for the approximately 1.3 acre parcel being removed from the Specific Plan zoning classification. EXISTING GENERAL PLAN DESIGNATIONS: LM (Low Medium Density), M (Medium Density), H (High Density), NC (Neighborhood Commercial), SC (Service Commercial), OS (Open Space) and P (Public/Institutional) PROPOSED GENERAL PLAN DESIGNATIONS: LM (Low Medium Density), M (Medium Density), H (High Density), EXISTING LAND I SURROUNDING JSE:, AND SC (Service Commercial), OS (Open Space) and P (Public/Institutional) Vacant North: South: East: USES: West: R:\S p~-Iarveston SP~C Docs\ PC STAFFRPT.doc ResidentiaINacant Land Business Park/Retail/Commercial Chaparral High School, Winchester Creek Park and Existing Residential Interstate 15, Business and Industrial Parks, Vacant Land 4 BACKGROUND Staff has been working with the applicant and his team of consultants for approximately one and one half years on the proposed Specific Plan, General Plan Amendment and Environmental Impact Report. Per the Commissioner's request, staff held three Commission workshops to discuss the Commissioners' primary areas of concern: Open SpaceNillage Green, Design Guidelines/Architecture and Traffic Impacts/Mitigation Measures. In addition, two community workshops were held at the Chaparral High School: one in the evening on January 24, 2001 and one Saturday morning workshop on January 27, 2001. Both workshops had limited attendance with six people at the evening workshop and two people at the Saturday morning workshop. Staff has had several meetings throughout the process with Channell Commercial. Channell is located in the existing business park immediately south of the subject site. Channell's primary issues are safety impacts relative to traffic, rezoning of the Neighborhood Commercial land to residential, park access off of Equity Drive and losing frontage on Ynez Road with the proposed re- alignment and extension of Ynez Road. The applicant has tried to address their concerns as much as feasible, while still complying with the City's direction relative to park, land use and circulation needs of the overall community. PROJECT DESCRIPTION The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi-family rental units). The project wilt consist of 150.9 acres of Iow medium density residential (3-5 du/ac), 79.1 acres of medium 1 density residential (5-7 du/ac), 60 acres of medium 2 density residential (7-13 alu/ac), and 16.8 acres of high density residential (13-20 du/ac). Other components of the project include 112.4 acres of service commercial (gross site acre excluding Date Street and Ynez Road), a 16.1 acre community park, a 13.8 acre arroyo park, a 17.3 acre lake/lake park facility, three mini-parks (a minimum of 1.5 acres total for the three parks), a 2.5 acre paseo trail, a 1.8 acre Village Green, trails, paseos, bike lanes, and a 12 acre elementary school site within approximately 550 acres. The Specific Plan also allows for an approximately 13 acre mixed-use overlay district. The 13 acre mixed-use district is intended to function as the "Village Center" for the Specific Plan. The development concept for this area allows for a mix of the following uses: retail, restaurant, office, daycare, worship, and a private club house (Village Green). Additional uses such as recreation, education, and residential (including multi-family) will be provided adjacent to or within the Village Center. A maximum of 20,000 square feet of commercial/retail, which may include residential, recreation, educational and office uses are permitted in this zone along with a 2.0-acre Village Club. The residential uses that may occur within the mixed-use district would not be in addition to nor would they exceed the maximum 1,921 dwelling units. The "Village Center" uses are intended for retail and service uses of a community nature that will attract people from the immediate neighborhoods. The proposed project also includes an overall phasing map and three tentative tract maps for the first phase of development. To implement the project, a Change of Zone and General Plan amendment are required for the two excluded parcels and the approximately 1.3 acre parcel north and west of Ynez Road and Equity Drive. The zoning and land use designation of the two excluded parcels is proposed to change from Neighborhood Commercial (NC) to Low Medium Density Residential (LM). The approximately1.3 acre triangular parcel is proposed to change from a zoning classification of Specific Plan (SP) to Business Park (BP), and the land use designation is being R:\S P~larveston SP\PC Docs\ PC STAFFRPT.doc 5 changed from Service Commercial (SC) to Light Industrial (LI). The overall existing General Plan /~and Use Desion~tions will be reallocated within the project area. A Development Code mendment to a~m(~nd Section 17.16.070 of the City of Temecula Development Code to add the Harveston Specific 'Plan is also required. Due to the unce ai~tv of the Ynez Road alignment, the triangular piece may vary in size and result in a parcel with a very~-- ~rregular shape, limited access and difficult to develop. The applicant has tentatively agreed {o sell this unusual piece of land to the adjacent industrial user, Channell Commercial. As par of the negotiations with Channel Commercial, staff has agreed that due to the unusual circumstan~ces, frregular shape and uncertainty of this parcel, a variance to the development standards will likel be required and supported by staff. ANALYSIS .LAND USE The Specific Plan as twelve Planning Areas and eight different land use classifications. The land use classifications are as follows: LM (Low-Medium, Density 3-5 du/ac), M1 (Medium-I, Density 5-7 du/acrel, Iv12 (Medium-2~ Density 7-13 du/ac) H (High Density, 13-20 du/ac), Mixed-Use Overlay Zone P'~rk Schoolland Service Commercial. Shown below are the density ranges, target densities, and the number of ~well ng units proposed for each P anning Area: DETAILED LAND USE SUMMARY I J TARGET PLANNING DENSITY TARGET DWELLING DESiGNATiON AREA ACREAGE RANGE DENSITY UNITS ; RESIDENTIAL Low Medium SUBTOTAL Vledium 1 Subtotal Medium 2 Subtotal High Subtotal RESIDENTIAL TOTAL 1 4 7 10 2 8 3 5 9 11 41.1 24.5 39.1 46.2 t 50.9 40.1 39.0 79.1 35.9 7.5 8.6 8.0 3-5 3-5 3-5 3-5 5-7 5-7 7-13 7-13 7-13 7-13 4.0 3.4 3.6 4.1 3.8 6.0 6.0 6,0 9.2 10.0 9.6 10.0 9.7 164 83 140 191 578 241 234 475 33O 75 83 80 60.0 -- 568 6 13-20 17.8 300 -- 17.8 300 6.3 16.8 16.8 306.8 1,921 Docs\ ~C STAFFRPT.doc NON-RESIDENTIAL Community Park 1 16.5 ..... Mini Parks 1 / 7 / 10 1.5 ...... Paseo Park 2 / 3 2.0 ...... Lake Park Facility 3 17.3 ...... Mixed-Use Overlay 3 / 4 / 6 ..... Elementary School 4 12.0 ...... Village Green 3 1.8 ...... Arroyo Park 9 13.8 ...... Service Commercial 12 112.5 0.3 - 1.5 .... Major Streets -- 60.2 ...... Triangle Site -- 1.3 ...... Out Pamels -- 3,8 ...... NON-RESIDENTIAL TOTAL 242.7 PROJECT TOTAL 549.5 3.5 1 ~921 NOTE: The Density Range for the Service Commercial is actually the Floor Area Ratio. COMMUNITY DESIGN At the center or "heart" of the development is the 17.3 acre lake and lake park. The general public will have access to fishing, walking and jogging activities around the lake. However, only the residents of Harveston will have access to the boating facilities and the private Village Club. The lake park contains a 10 foot multi-purpose trail that will allow walking, jogging, picnicking, etc. In addition to the lake park, the Specific Plan provides an extensive trail system adjacent to the collector and arterial roadways. There is also a paseo trail that connects the lake park to the Community Park. The 13.8 acre arroyo park is an environmental mitigation area that will re-create a riparian environment and will be fenced. It will provide a unique opportunity for walking, hiking and picnicking near the arroyo, but not within the mitigation area due to its environmental sensitivity. The Specific Plan is proposing an expanded parkway greenbelt system, or Landscape Development Zones (LDZ) adjacent to collector and higher volume roadways. The LDZ will be landscaped with turf, trees, and various additional plant materials and will vary in width. The sidewalk on the outside of the Loop Road and on Date Street adjacent to the arroyo will meander. Sidewalks that are parallel to the street wilt be provided in the greenbelt on both sides of the street throughout the development. The Mixed-Use Overlay zone or Village Green is a unique space that allows flexibility for a vadety of uses up to a maximum of 20,000 square feet of commercial/retail uses and a maximum of 15,000 square feet for a Village Club, residential, recreation and educational uses. This area is intended to be a neighborhood "village" with opportunities for live/work situations, outdoor cafes, neighborhood retail, restaurant, office, daycare, worship, and a private clubhouse (Village Club). Additional uses such as recreation, education, and multi-family will be provided adjacent to or within the Village Center. There are specific development standards to ensure a pedestrian oriented, neighborhood village within this area through site planning, architecture, landscaping and signage requirements (see Section 11 Development Standards and Figure 11.14). The Village Green is a turf amphitheatre that is located at the major entry off of Margarita Road at the southern end of the Lake. The Village Club is a private area for Harveston residents which may provide a swimming pool, a fitness center and private community facilities. R:\S P~Harveston SP',PC Docs\ PC STAFFRPT.doc 7 In an effort to creat~ ~ a less "auto-dependent" development, a transit plan has been developed with input provided frorr Riverside Transit Agency (RTA). The Village Center, high density residential and the M2 (mediu 3 density) are located at the "core" of the project to provide the critical, necessary dens tv ns,eded to ~SUDDOrt public transit. Moreover, the comprehensive sidewaikJtrails system provided with n the project prowdes exce ent pedestnan access to the potential transit stops To ensure a high eve of'architectural quality, staff has required the applicant to provide extensive, detailed architectur~ and site planning standards (see Sections 10 Design Guidelines and Section 11 Development Standards). These standards encourage architectural forward site planning by allowing reduced front and rear yard setbacks for homes that meet the definition of architecture forward. In (~enerai, the architecture forward is defined as advancing the a!chitectu!e of the living space forvca~d on the lot, while concurrently, the garage is held in place, or in some ~nstances, the garage may be furtl~er recessed (see Section 10.0 Design Guidelines for an expanded definition). This a lows the home to be the predominant architectural element of the home, not the garage. Moreover, the DireCtor of Planning may administratively approve modificat ons to the development standards up to 15% forlinnovative, quality architecture and site planning. This option is similar to the Development (~ode's Minor Exception permit. Another feature of the plan is that the individual neighborhoods have been designed with landscape treatment s such al open ended cul-de-sacs and extensive open s.p. ace lots in addition to the required Landscap~ DeVelopment Zone. The individual communities will have andscaped arbors or trellis that are architecturally compatible with the residenecs within the development. The Specific Plan also requires ~nique light poles and mail boxes in the neighborhoods (not arterial roadways) that compliment th~ ndMdual community architecture. RESIDENTIAL AREAS · - ' " wdl fit on a ran-e of different lot sizes The appli(.ant is pr,eposing a variety aT proouct types ~nat ' 9 . The at s~zes of the res dential Plann'ng Areas are as follows: Planning Areas 1, , 7 and 10 (Low Medium Density 3-5 alu/ac): These Planning Ar~as Will have the largest lots and are located predominantly on the outside of the Loop Road and a6ove the arroyo park. A small portion of PA 4 is located within the Loop Road, adjacent 1:o the school. The minimum lot size for these Planning Areas is 4,000 square feet with an average lot size of ~5,000 square feet. The Planning. Areas a. re i,nten,de, d t.o hav. e sta. nd .ard detached single fan.~ily hom~s, although there is a provision tar attacneo an(3 c~us~erea proouc~s. Planninq Areas 2,jand 8 (Medium-1 Density 5-7 du/ac): These PI;anning Ai'eas are to the west of the lake/lake park and located between the Community Park and south of Date Street. The minimum lot size is 3,000 square feet with an average lot size of 3,500 square feet.I The~e Planning Areas are intended to have detached single family homes, as well as altached or clustered product types. I , Planninq Areas 3,15, 9 bnd 11 (Medium-2 Density 7-13 du/ac): These P ;anning A(eas are to the north and south of the lake/lake park, adj.a, cent to the Hig. h.D .ensi~ and north of Date Street. The m nimum lot size is 2,000 square feet wire an average ~o~ s~ze or 2,500 Square feet] These Planning Areas are intended to be more dense, detached single family homes on narrower lots, as welt as condominium or clustered product types. R:\S P~Harveston SP~PC Docs\,PC STAFFRPT.doc 8 Planning Area 6 (H~qh Density 13-20 du/ac): This Planning Area is intended to have multi-family product types such as apartments. It is strategically located at the Village Center to be close to the neighborhood commercial and lake facilities. This density is crucial in that it is in walking distances to the future bus services and future commercial/retail businesses that are anticipated in the Village Center. TENTATIVE TRACT MAPS Planning Application No. 00-0295 (Tentative Tract Map No. 29639) is a financing map for the subdivision of approximately 550 acres into 91 lots which conform to the various Planning Areas, Open Space areas, school and park sites of the Harveston Specific Plan. Because the actual alignment of the future interchange is unknown at this time and will not be resolved quickly, the City is requiring the amount of land reasonably foresees as accommodating the required right-of-way to be dedicated for the future interchange at Cherry Street at Interstate 15. Staff is also proposing that no maps be recorded and no development plans be approved in the western half of the project until the Cherry Street alignment is finalized and the future alignment of Ynez Road has been determined. Planning Application No. 01-0030 (Tentative Tract Map No. 29928) proposes the subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7. The zoning for Planning Area 7 is Low Medium which requires a minimum lot size of 4,000 square feet and an average lot size of 5,000 square feet. Residential lots in Tentative Tract Map No. 29928 range in size from a minimum of 6,000 square feet to a maximum of 14, 547 square feet with an average lot size of 8, 278 square feet. As proposed, this map far exceeds the minimum lot size, width and depth requirements for the LM zoning district. Planning Application No. 01-0031 (Tentative Tract Map No. 29929) proposes the subdivision of approximately 20 acres into 118 residential lots and three open space lots in a portion of Planning Areas 3 and 4. The zoning for Planning Area 3 is Medium 2 and requires a minimum lot size of 2,000 square feet and an average lot size of 2,500 square feet. The proposed residential lots in PA 3 range in size from a minimum of 2,715 square feet to a maximum of 4,529 square feet with an average of 3158 square feet. A portion of the map is within Planning Area 4 which is Low Medium Density. The minimum lot size for Planning Area 4 is 4,000 square feet with an average lot size of 5,000 square feet. The proposed residential lots in PA 4 range in size from a minimum of 4,675 square feet to a maximum of 9,621 square feet with an average of 5,937 square feet. Accordingly, all proposed lots exceed the minimum lot size requirements and each Planning Area provides a variety of lot sizes to help create unique neighborhoods within the same Planning Areas. Planning Application No. 01-0032 (Tentative Tract Map No. 30088) proposes the subdivision of approximately 9.18 acres into 38 residential lots and eight open space lots in a portion of Planning Area 4. The zoning of Planning Area 4 is Low Medium and requires a minimum lot size of 4,000 square feet and an average of 5,000 square feet. The residential lots in Tentative Tract Map 30088 range in size from a minimum of 5,440 square feet to a maximum of 10, 326 square feet with an average of 6,649 square feet. R:~S P',Harveston SP~PC Docs\ PC STAFFRPT.doc 9 All three tentative 'act maps, not including the financing map described above, are providing a variety of lot s zes Isite layout, open ended cul-de-sacs and additional open space lots. Maps 29928 and 29929 t~ave b~en designed with open space lots at the main entries to break up the streetscape and create an area for neighbors to gather. All three maps provide open space lots at the end of the cul-de-sac which will provide pedestrian access to and through the neighborhoods. As proposed, the ~ite layout will allow a variety of plotting to create a varied and interesting streetscape. GENERAl. PLAN AMENDMENT . I . 'i bain ro osed to allowforthereallocationoftheexisting land uses AGeneralPlan,~menomen~ s gpp within th~ project larea~ the two excluded parcels that are not owned by Lennar and the approxim,~tely 1.3 acre triangular parcel north and west of Ynez Road. If approved, the General Plan Amendment would Change the General Plan Land Use Map in this area to reflect the land uses in the approved Specific Plan. The land use densities for the current General Plan Land Use Designations range from 1,329 to 2,475 dwe ng units (d.u~) with a mid-range density of 1,902 d.u. The Land Use Designation range for the Harveston Specific Plan varies from 1,332 d.u. and 2,440 d.u. with a mid-range density of 1,921 d.u. For reference, the previous draft Specific Plan (Winchester Hills) for this property was not approved, but p~roposed to construct a total of 1,948 units· A copy of this analysis is contained in Attachment No. 7. The analysis of the denSity ranges illustrates that the proposed density of the Harveston Specific Plan is within the mid range density classification and does propose an overall project density of 3.4 dwelling units/acre! This is consistent with the overall project densities for many of the approved specific plans within the'City. The two out parcels are 'no part of the Specific Plan, and therefore, are not included in the density calculation. Staff h~as met with both property owners and their respective representatives to review the proposed Specific plan and General Plan Land Use amendment. The owner of the 2.5 acre ~l~nl is oooosedlto the property's Land Use Designation being changed from Neighborhood ercia"l t'o Lo~ Mad urn R~sid'enbal. The owner of the 1.25 acre parce would prefer their parcel not be changed from Neighborhood Commercial to Low Medium Residential; however, as an alternabw~, they would not be opposed to the zomng classification of Medium 1 as proposed within the Specific Plan. I They were init ally concerned that their parcel would be designated as open space and become part of the Community Park (see correspondence, Attachment No. 6) but fee comfortable that will not occur. , I the and use and zonin~ designations of the two excluded parcels, staff was In propos ngtocna~nge ~ . , concerned that leaving these parcels Neighborhood Commercial would create the potential Tor a significant land u~e conflict. It is the staff's position that the two excluded parcels' land use designations mus{ be Changed to ensure that future development of these two parcels will be compatible with tl~e land uses proposed in the Harveston Specific Plan and to facilitate future development of tt~ese two parcels by removing the requirement for a separate Specific Plan. W thout th~s change, th~ owners of the parcels would be required to prepare and receive approval of a specific: plan to do any development on these properties. d R:\S p~Harw.~ston SP~P¢ Docs\PC STAFFRPT. oc 10 As a result, Staff is recommending that the land use designation of the two excluded parcels be changed from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). Lennar is also requesting that the triangular remnant parcel (approximately 1.3 acres in size) be re-zoned to BP (Business Park). GENERAL PLAN AND ZONING CONSISTENCY The Harveston Specific Plan development concept is consistent with all applicable goals and programs contained within the General Plan and effectively implements the policies of the General Plan and the applicable zoning requirement. The issues and goals identified within each element of the General Plan have been evaluated, and a statement of compliance with the General Plan has been included as Appendix A of the Specific Plan. Staff has also compared the project with the Growth Management Program Action Plan (GMAP) The project supports the goals, policies, and other provisions contained in the GMAP relative to housing needs, alternative modes of transportation, employment opportunities, open space and recreational needs, etc. With the approval of the General Plan Land Use Map Amendment, the Harveston Specific Plan will be consistent with the Land Use Element of the General Plan. Finally, the General Plan Circulation Element Map contains the provision for a roadway, heading east from the intersection with Margarita Road and Date Street, crossing Interstate 15, and intersecting with Jefferson Avenue. Current discussions with Caltrans have indicated that the best location for this connection is south of the current Cherry Street alignment. The City and Developer are currently working with Caltrans to receive approval of a Project Study Report (PSR) that would determine the exact location, size and configuration of this future interchange. The City has historically viewed road locations in undeveloped areas as conceptual until the final locative details can be determined. The proposed roadway location, labeled the Cherry Street alignment is consistent with both the conceptual location contained in the City of Temecula's General Plan as well as the more precise location depicted in the City of Murrieta's General Plan. The current Circulation Element network map for the City of Murrieta shows a location similar to the Cherry Street Alignment shown in the Specific Plan and EIR. For these reasons, staff believes that the alignment is consistent with the General Plans for both the Cities of Murrieta and Temecula. Staff is recommending that the Planning Commission recommend that the City Council approve the Cherry Street alignment in certifying the EIR and approving the Specific Plan. DEVELOPMENT AGREEMENT Staff has been working with the Applicant on the Development Agreement (D.A.) to resolve the outstanding financing issues and timing of improvements. A complete copy of the D.A. is attached for your review in Exhibit D of Attachment No. 2. CORRESPONDENCE There are two out parcels located within the Specific Plan that are not owned by Lennar. Staff has contacted both property owners and had meetings with both of them. Staff met with Mrs. Blake who is the owner of the 2.5 acre parcel on October 31, 2000, and with Mr. Bob Stockmar and Mr. Bill Stockmar, the owners of the 1.25 acre parcel, on November 8, 2000. Mrs. Blake is not in support of her parcel being changed from neighborhood commercial to residential. A letter dated December R:\S P'~larveston SPg:~C Docs\ PC STAFFRPT.doc 11 19, 2000, (,see Atta hment No. 6) was received from the Stockmar's indicating they preferred their parcel not be chang~ed from neighborhood commercial to Iow medium density residential. However, the Stockmar's did indicate that, as an alternative, they would not be opposed to a Medium 1 zoning classification. Another letter was received from Michelle Bedard dated May 30, 2001, requesting, primarily, l'he multi,family component of the plan be relocated from Margarita Road and placed adjacent to Ynez Road and the proposed Commumty Park (see Attachment 6). A attar d~ted May 11, 2001 from Gresham Savage, Nolan and Tilden, LLP, the legal counsel retained b,./the Channell Family Trust and Channell Commercial, was submitted to staff challenging the adeouacv of pc~rtions of the EIR prepared for the project. The letter challenged the land use compatil~ility-traffi~ analysis and noise components of the EIR. Staff and the environmental consultant, respondled to the challenges of the EIR. Both letters are contained in th s staff report under Attachment 6-a). Staff feels the EIR was analyzed and prepared in compliance with the requirements and r~gulat~ons of the California Environmental Quality Act. Staff also received three phone calls through the process from residents expressing concern over the proposed multi,family component of the project. The concern was proximity to their homes in the Winchester Collection and Winchester Creek development. ENVIRONMENTAl DETERMINATION I ' tRe ortwas re ared under Staff's direction A Draft Environmental Impac p p p by EDAW, Inc., and was distributed to respc~nsible agencies, interested groups, organizations, and i.ndividuals... The D~aff. Environmental Imoact Report (EIR) was made available for public review ano comment Tor a penoo of forty-five (45) d;a~y.s The public review and comment period for the Draft EIR established by the State Clearinghou§e commenced on November 1,2000 and expired on December 18, 2000. The Cty of Temecula Ireceived written comments and responded to each comment in the Final Environmental Imp,act Report (FEIR). A copy of the City's response to their comments has been provided to the commenting agencies as required by State law. A copy of both the Draft and Final EIR documents ha~/e been previously provided to the Commission. The environmental analysis identified one area where impacts were not considered to be significant (land use' and seven areas where potentially significant impacts were identified which could be avoided or m~bgated. These seven areas are: aesthetics/light and glare, transportation, noise, gTeoloov and soils 'hvdrology and drainage biological resources, and public services and utilities. he o~n'e im act arc'that was identified as resulting in an unavoidable, significant impact was air P quality. In accordance With Section 15093 of the State CEQA Guidelines, the City Council must adont a S'~atement ~of OVerriding Considerations prior to approving the Harveston Sp. ecific Plan. The Stai;ment of Over'riding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoida,b!e adver,se env'r.onm,en, tal im.pac!s. All large projeCts in Sduthern California that cause un-mitigatao~e impacts requmng statements OT over- riding conslderat on. ~ Among the benefits that this project provides the community are: needed General Plan level roadways, includin~g the!area for the future interchange with Interstate 15, new varieties of housing types to complembnt the City's current housing stock, a needed elementary school, and the potential for significant new emplbyment. A copy of the Final Mitigation Monitoring Program is contained in Attachment No. 9. R:~S P~Harveston SP\PC ;)ocs\PC STAFFRPT,doc 12 Traffic Analysis A Traffic Study report was prepared for the project to determine the traffic impacts at "Project Build- Out". The study assumed that at project build-out Ynez Road would not be extended north to Murrieta Hot Springs Road and the Cherry interchange at 1-15 would not be completed. The City of Murrieta has previously stated that they would not allow Ynez Road to be extended northward until the interchange at Cherry Street was open. As a result, the Traffic Study identified 39 intersections that needed road improvements to mitigate the additional traffic impact caused by the Harveston Specific Plan (see Attachment Nos, 5 and 6), These road improvements are proposed to mitigate the impacts of the project to Level of Service (LOS) D or better. The proposed road improvement mitigation measures are included in the Conditions of Approval of the Specific Plan and Tentative Tract Maps. In addition, the cumulative impact of traffic after project build-out was addressed by staff. The City Circulation Element shows a need for the Cherry Street Interchange at 1-15 at build out, The Harveston Specific Plan land uses would generate at least 10% of the traffic using the future interchange. In order to mitigate this cumulative impact, staff has conditioned the project to dedicate the necessary right-of- way for construction of the Cherry Street Interchange, This will be included in the Conditions of Approval of the Tentative Tract Maps showing subdivisions in that area. With the mitigation measures shown in the Conditions of Approval, the traffic impacts of this project are determined to be less than significant. Timing of the Mitigation Measures is addressed in the various phases of the project. The intent is to require the traffic mitigation improvements prior to the impact of the construction phase, The Development Agreement will require all improvements to impacted intersections to be built prior to the issuance of the first building permit, Community Manaqement Enhancement Plan (CMEP) The CMEP is a proposal to make Harveston a less auto dependent community. The CMEP is proposing a shuttle system that would provide an alternative means of transportation for the residents of Harveston, As proposed, the shuttle system would not only provide transportation options within the Harveston community, but would offer service to other key locations within the City such as the mall, schools, CRC, post office, etc, The CMEP was developed in cooperation with Riverside Transit Agency (RTA) and the developer is proposed to implement the CMEP as part of the project. A copy of the CMEP is included as Exhibit 11 of this report. SUMMARY/CONCLUSIONS Staff recommends that the Planning Commission recommend that the City Council certify the Environmental Impact Report, approve the Mitigation Monitoring Program, the Harveston Specific Plan, Development Agreement and the four tentative tract maps pursuant to the following findings and subject to the attached conditions of approval. FINDINGS Plannin.q Application No. 00-0189 - Harveston Environmental Impact Report The Environmental Impact Report was prepared and circulated in conformance with the provisions of the California Environmental Quality Act and Guidelines. R:~S P'~Harveston SP~C Docs\ PC STAFFRPT.doc 13 2. The Plannif ~g Commission reviewed the Draft and Final Reports prior to considering these matters, and listened to all testimony prior to making their decision to recommend ce~:tification of the Final Environmental Impact Report to the City Council. Plannin,q Application No. 0041 - General Plan Amendment 1 The nroiect las nro~osed and conditioned is compatible with the health, safety and welfare of thE; commur~ity. The project has been reviewed by agencies and staff and determined to be in conformance with the City's General Plan, Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards th;~t protect! the health, safety and welfare of the community. Access and circulation are adequate f~)r emergency vehicles. The two excluded parcels not under the applicant's o~nership ihat are located within the Specific Plan shall hereb.y be ,rezoned f.r..o,m S.,P (s pacific Plan overlay district) to LM (Low Medium Density Resident~a ) to De compatible w~n the surrounding ,land uses of the Harveston Specific Plan. The General Plan Land use Des~gnatlor~ of these two parcels will be changed from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). The City hereby finds it necessary to change the zoning and lLand Use Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing tl~e requirement for the preparation and approval of a separate Specific Plan. 2. TI'e applicant/ is proposing a General Plan amendment and Change of Zone for the approximately 113 acre parcel located north and west of Ynez Road and Equity Drive to arCelthi~ from the Specific Plan. The Land Use Designation shall be changed remove ep from Servic COmmercial (SC) to Low Medium Density Residential (LM). The zoning classification will be changed from Specific Plan (SP) to Low Medium Density Residential (LM) to belcompatible with the proposed land uses in the Harveston Specific Plan. As proposed and conditioned is compatible with the health, safety and welfare of the communityi. 3. Tile project is compat be with surrounding land uses. The project proposes similar msidentialineighborhoods adjacent to existing surrounding neighborhoods, with nterface buffers and full roadway improvements. The limited neighborhood commercial development ~s propose,d w~th~n a V liege Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, a('ljacent t(~ interstate 15 where similar commercial and retail uses currently exist along the Ir,~terstate corridor. 4. The proposed project will not have an adverse effect on the community because it remains consistentlwith the goals and po c es of the adopted General Plan. The project does not r(present ~ sigh ficant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design oflthe Specific Plan. Plann n!i Application No. 99-04'18 - Harveston Specific Plan No, '13 1. The prop(,sed Specific Plan is consistent with the General Plan, as it is proposed to be amended and the Development Code. The proposed Specific Plan is consistent with the 'goals an( ~olicies of the General Plan and development code. The Specific Plan is a R:\S P~HarYeston SP~PC Docs', PC STAFFRPT.doc reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the General Plan, as it is proposed to be amended, and Development Code. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project has been reviewed by agencies and staff, and is determined to be in conformance with the City's General Plan (as it is proposed to be amended), Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare ofthe community. In addition, the Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan land uses are consistent with the land uses of the General Plan and will serve as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which illustrate that the site is physically suitable for the land uses and development proposed in the Specific Plan. The proposed project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The proposed Service Commercial land is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. PlanninR Application No. 99-0418--Development A.qreement An environmental review has been conducted and approved for this Agreement in accordance with the California Environmental Quality Act. The City desires to obtain the binding agreement of the Developer and Owner for the development of the Property in accordance with the provisions of this Agreement. The Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Developer's Project on the Developer's Parcels in accordance with the "Applicable Rules" (as hereinafter defined) and this Agreement. The Owner desires to obtain the binding agreement of the City to permit the Owner to develop the Owner's Parcel in accordance with the "Applicable Rules" (as hereinafter defined) and this Agreement. R:~S P~Ha~,,eston SP\PC Docs\ PC STAFFRPT.doc 15 Developer ~nd Owner have applied to the City in accordance with appi~cable procedures for approval ot this mutually binding Agreement. The Planning Commission and City Council of the City ha/e given notice of intention to consider the Agreement, have conducted public hearings thereon pursuant to the Government Code, and have found that the provisions of this Agreement are consistent with the Specific Plan and the City's General Plan. This Agree~ment is consistent with the public health, safety, and welfare needs of the residents of the City and the surrounding region. The City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this A¢lreement. upon the welfare of the region. This Agreement 'will bind the City to the terms and obligations specified in this Agreement and will lin{it, to;the degree specified in the Agreement and under State law, the future e:<:ercise ofithe City's ability to delay, postpone, preclude or regulate development on the Property, e~<cept a provided for herein. In accordance with the Development Agreement Statutes, this Agreement eliminates uncertaintylin the planning process and provides for the orderly development of the Property. Further, th s Agreement eliminates uncertainty about the validity of exactions imposed by th~9 City, ~llows installation of necessary improvements, provides for publ c serv ces necessary for the region with ~ncldental benefits for the Property, and generally serves th public interbst within the City of Temecula and the surrounding region. Planning Application Nos. 00-0295~ 01-0030~ 01-0031~ 01-0032--Tentative Tract Maps 1. The propos~ed subdivision and the design or improvements of the subdivision is consistent with the General Plan, the Harveston Specific Plan, Development Code, and other applicable regulabons and requirements. / 2. The tentative maps do not propose to divide land which is subject to a contract entered into PLmrsuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservabon Act contract but the resulting parcels following division of the land will not be too small t(~ sustain their agricultural use. 3. The site is physically suitable for the type and density of development proposed by the tentative map. Access is proposed from five adjacent, existing streets within the Specific Plan. The ~ite is adjacent to already developed and similar residential uses. Public utilities are available at br in close proximity to the site. R:\S P~Harveston SP~PC Docs\ !ti STAFFRPT.doc The desig of the subdivision provides for future passive or natural heating or cooling opportuniti ~s in ihe subdivision to the extent feasible. The desigr ~ of thb subdiv sion and the type of improvements w~ not conflict with easements acquired , the!public at large for access through or use of property within the proposed subdivision,, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The map has provided that all proposed ~and existing public utility easements over landscape areas shall be granted as shqwn on ihe miap. The subdivision is consistent with the City's parkland dedication requirements. The subdivision's Quimby Park Fee obligations have been met through the execution of the Amendment and Restatement of Development Agreement, recorded on February 18, 1993. Attachments: 7. 8. 9. 10. 11. PC Resolution for the EIR - Blue Page 18 Exhibit A - City Council Resolution for the EIR Facts and Findings - Blue Page 19 PC Resolution for approving the Project - Blue Page 20 Exhibit A - City Council Resolution for the GPA and Specific Plan - Blue Page 21 Exhibit A-1 - Conditions of Approval - Blue Page 22 Exhibit A-2--Proposed General Plan Land Use Map - Blue Page 23 Exhibit A-3--Harveston Specific Plan Land Use Map - Blue Page 24 Exhibit B- City Council Ordinance for the Development Code Amendment and Zoning Standards for the Harveston Specific Plan - Blue Page 25 Exhibit C - City Council Ordinance for the Change of Zone and amendment to the Official Zoning Map of the City of Temecula - Blue Page 26 Exhibit C-I--Proposed Zoning Map - Blue Page 27 Exhibit D--City Council Ordinance authorizing the Development Agreement- Blue Page 28 PC Resolution for Tentative Tract Map Nos. 29639, 29928, 29929 and 30088 - Blue Page 29 Exhibit A -City Council Resolution for Tentative Tract Map 29639- Blue Page 30 Exhibit A-l- Conditions of Approval for Tentative Tract Map 29639- Blue Page 31 Exhibit B - City Council Resolution for Tentative Tract Map 29928- Blue Page 32 Exhibit B-1 - Conditions of Approval for Tentative Tract Map 29928- Blue Page 33 Exhibit C - City Council Resolution for Tentative Tract Map 29929- Blue Page 34 Exhibit C-1 - Conditions of Approval for Tentative Tract Map 29929- Blue Page 35 Exhibit D - City Council Resolution for Tentative Tract Map 30088- Blue Page 36 Exhibit D-1 - Conditions of Approval for Tentative Tract Map 30088- Blue Page 37 Harveston Intersection Improvement Analysis Phase I - Blue Page 38 Harveston Intersection Improvement Analysis Phase 2 - Blue Page 39 Correspondence Received - Blue Page 40 Letter from Intex dated December 19, 2000 Letter from Michelle Bedard dated May 30, 2001 Letter from Gresham, Savage, Nolan & Tilden, LLP dated May 11, 2001 Letter from the City in Response to the EIR Challenges dated June 12, 2001 - Blue Page 31 General Plan Density Analysis - Blue Page 42 Draft Development Agreement - Blue Page 44 Mitigation Monitoring Program - Blue Page 45 General Plan Consistency Analysis - Blue Page 48 Community Management Enhancement Plan (CMEP) - Blue Page 47 R:\S P~'-iarveston SP\PC Docs\ PC STAFFRPT,doc 17 ATTACHMENT NO. t PC RESOLUTION FOR THE EIR R:\S P~--larveston SP~PC Docs\ PC STAFFRPT,doc 18 ATTACHMENT NO. 1 RESOLUTION NO. 2001 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, BETWEEN INTERSTATE-15 AND MARGARITA ROAD. (PLANNING APPLICATION 00-0189) Project Description WHEREAS, the Harveston Specific Plan and related actions ("Specific Plan"), initiated and prepared on behalf of the City of Temecula. The Harveston Specific Plan proposes the development of a 549.5-acre planned community in the City of Temecula. The Project site is located adjacent to and east of Interstate 15 Freeway (1-15) in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego. From the 1-15, direct access to the project site is provided by Winchester Road (Highway 79 North) and Ynez Road, both located near the southern boundary of the site, and Margarita Road, which runs along the eastern boundary of the site. Winchester Road runs near the southern edge of the project site and continues north adjacent to Chaparral High School. The proposed Specific Plan is divided into 12 planning areas in an effort to create a distinct cluster of future uses/activities and to identify potential time frames for individual project development to occur in a timely manner, within the overall Specific Plan concept. The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi family rental units). The project will consist of 150.9 acres of low medium density residential (3-5 du/acre), 79.1 acres of medium 1 density residential (5-7 du/acre), 60.0 acres of medium 2 density residential (7-13 du/acre), and 16.8 acres of high-density residential (13-20 du/acre). Other components of the project include a 13-acre mixed-use zone overlaying area designated as village center, which allows uses such as retail, restaurant, office, daycare, worship, and private clubhouse; a ll2.5-acre service commercial area; a 16.5-acre community park, a 12.0-acre elementary school; a 17.3-acre lake/lake park; a 1.8-acre village green; 60.2-acre of major streets and slopes, and two 1.3 and 2.5-acre excluded parcels (Specific Plan, p. 3-5 through 3-10). Environmental Review Process WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Specific Plan as the public agency with both general governmental powers and the principle responsibility for implementing the Specific Plan; and, 1 RAS P'tHarveston SP~PC Docs~PC EIR Reso.doc WHEREAS, a N~ issued on April 1 organizations and WHERE.AS, wri ice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was 1999, inviting comments from responsible agencies, other regulatory agencies, individuals pursuant to State CEQA Guidelines section 15082; and, :ten Statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR~; and, WHEREAS, a Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyz4 potential adverse environmental impacts of Specific Plan implementation pursuant to CEQAi; and, WHERE;AS, upon~ completion of the Draft EIR dated November 2, 2000, the City initiated a 45- day publiic comment period by filing a Notice of Completion with the State Office of Planning and Research in I~ovember 2, 2000; and, WHERY2AS, the City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In a~ldition, the City placed copies of the Draft EIR in public libraries in Riverside County and made~ copies available for review at City offices; and, WHEREAS, during and before the official public review period for the Draft EIR, the City received 14 written comments, all of which were responded to by the City. Those comments and the responses arle included as part of the Final Environmental Impact Report/Response to Comments docum~ ent ("Final EIR"); and, WHERt}AS, on ]November 1, 2000, December 20, 2000, January 17, 2001, and January 31, 2001, l:lanning ~Commission workshops and on January 24, 2001 and January 27, 2001, Community Workshops were conducted to provide information about the Specific Plan; and, WHEREAS, pursuant~to Public Resources Code section 21092.5, the City provided its responses to all commentor~s on February, 2001; and, Statutory Requirements for Findings !, WHEREAS, Sec ion 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects,unless the City makes one or more of the following written finding(s) for each of those slgmficant effects accompanied by a brief explanation of the rationale for each finding: i (1) isCu~agne;a~[;~[;tnl~; have been required in, or incorporated into, the project which avoid or significant environmental effects as identified in the final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of another public agenc~ and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, I 2 R:'~S p~Hzxveston SP'xPC Do~sXPC EIR Reso.doc (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR; and, WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the Specific Plan will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and, WHEREAS, environmental impacts identified in the Final EIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section 2 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant, but which the Planning Commission finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and Specific Plan and set forth herein are described in Section 3 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 4 hereof, and, WHEREAS, altematives to the Specific Plan that might eliminate or reduce significant environmental impacts are described in Section 5 hereof, have been determined not to significantly reduce the environmental impact of the Specific Plan; and, WHEREAS, a discussion of Specific Plan benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 6 hereof; and, WHEREAS, Public Resources Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures; and, WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Specific Plan and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EIR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. 3 RAS PkHarveston SP~PC Docs~C EIR Reso.doc NOW, THEREFORE, The Planning Commission Of The City Of Temecula, California, hereby recommends that the City Council for the City of Temecula adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, BETWEEN INTERSTATE-15 AND MARGARITA ROAD (.PLANNING APPLICATION 00-0189)" certifying the Final Environmental Impact Report, adopt t~e Statement of Overriding Considerations and approve the Mitigation Monitoring and Reporting Program substantially in the form contained in Exhibits A, B, and C respectively of thts Resolution. PASSED, ~PPROVED AND ADOPTION by the City of Temecula Planning Commis:sion this 20 day of June 2001. STATE OF CALIFORNIA ) COUNTY OF RI~VERSIDE ) ss CITY OF TEMECULA ) I,. Debbie ]Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01- was duly and regularly adopted by the Planning Commission of the City of Tem~cula at a regular meeting thereof held on the 20th day of June, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Debbie Ubnoske Secretary ' R:\S P\Harveston SPXPC Docs'ff'C EIR PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Reso.doc 4 Debbie Ubnoske, Secretary Run Guerriero, Chairman Planning Commission EXHIBIT A (For Attachment No. 1) CITY COUNCIL RESOLUTION FOR THE FINAL ENVIRONMENTAL IMPACT REPORT R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 19 EXHIBIT A FOR ATTACHMENT NO. 1 RESOLUTION NO. 2001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARYESTON SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, BETWEEN INTERSTATE-15 AND MARGARITA ROAD. (PLANNING APPLICATION 00-0189) Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 For the Harveston Specific Plan WHEREAS, the Harveston Specific Plan and related actions ("Specific Plan"), initiated and prepared on behalf of the City of Temecula. The Harveston Specific Plan proposes the development of a 549.5-acre planned community in the City of Temecula. The Project site is located adjacent to and east of Interstate 15 Freeway (I-15) in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego. From the 1-15, direct access to the project site is provided by Winchester Road (Highway 79 North) and Ynez Road, both located near the southern boundary of the site, and Margarita Road, which runs along the eastern boundary of the site. Winchester Road runs near the southern edge of the project site and continues north adjacent to Chaparral High School. The proposed Specific Plan is divided into 12 planning areas in an effort to create a distinct cluster of future uses/activities and to identify potential time frames for individual project development to occur in a timely manner, within the overall Specific Plan concept. The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi family rental units). The project will consist of 150.9 acres of Iow medium density residential (3-5 du/acre), 79.1 acres of medium 1 density residential (5-7 du/acre), 60.0 acres of medium 2 density residential (7-13 du/acre), and 16.8 acres of high-density residential (13-20 du/acre). Other components of the project include a 13-acre mixed-use zone overlaying area designated as village center, which allows uses such as retail, restaurant, office, daycare, worship, and private clubhouse; a 112.5-acre service commercial area; a 16.5-acre community park, a 12.0-acre elementary school; a 17.3-acre lake/lake park; a 1.8-acre village green; 60.2- acre of major streets and slopes, and two 1.3 and 2.5-acre excluded parcels (Specific Plan, p. 3-5 through 3-10). WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Specific Plan as the public agency with both general governmental powers and the principle responsibility for implementing the Specific Plan; and, WHEREAS, a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was issued on April 1, 1999, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines section 15082; and, R:XS P'~Harveston SP\City Council\RESO CC EIR Findings.doc WHEREAS, written statements were received by the City in response to the Notice of Preparation, whidh assisted the City in narrowing the issues and alternatives for analysis in the Draft Elf:{; and, wHEREAS, a Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyz~ potential adverse environmental impacts of Specific Plan implementation pursuanl to CEQ,~; and, WHEREAS, upon completion of the Draft EIR dated November 2, 2000, the City initiated a 45- day pubhc comment penod by flhng a Notice of Completion with the State Office of Planning and Research in Nov&mber 2, 2000; and, WHEREAS, the City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In a~ldition, the City placed copies of the Draft EIR in public libraries in Riverside County and mad& copies available for review at City offices; and, WHEREAS, wdr~;i~ng and before the official public review period for the Draft EIR, the City received 14 ' comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"); and, WHEREAS, on Hovember 1, 2000, December 20, 2000, January 17, 2001, and January 31, 2001 Planning Commission workshops and on January 24, 2001 and January 27, 2001, Community Workshops were conducted to provide information about the Specific Plan; and, WHERE. AS, pursuant to Public Resources Code section 21092.5, the City provided its responses to all commentors on February, 2001; and, WHEREAS, Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those s~gmhcant effects accompanied by a brief explanation of the rationale for each finding: (]) Changes or alterations have been required in, or incorporated into, the project ~vhich avoid or substantially lessen the significant environmental effects as identified in the final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of ~nother public agency and not the agency making the finding. Such changes have lbeen adopted by such other agency or can and should be adopted by such ,other agency or, (3) ,Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, ~ake infeasible the mitigation measures or project alternatives identified in the final EIR; and, WHEREAS, Se tion ~5093 of the State CEQA Guidelines requires that if the Specific Plan wil~ cause significan{ unavoidable adverse impacts, the City must adopt a Statement of Overriding R:~S P~Harveston SP\~ity Co~ncil~RESO CC EIR F ndings.doc Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and, WHEREAS, environmental impacts identified in the Final EIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section 2 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant, but which the Planning Commission finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and Specific Plan and set forth herein are described in Section 3 hereof; and, WHEREAS, environmental impacts identified in the Final EiR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 4 hereof, and, WHEREAS, alternatives to the Specific Plan that might eliminate or reduce significant environmental impacts are described in Section 5; and, WHEREAS, a discussion of Specific Plan benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 6 hereof; and, WHEREAS, Public Resources Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures; and, WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Specific Plan and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EIR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines the following: Section 1. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Harveston Specific Plan will have a less than significant impact through the Initial Study: A. Agricultural Resources. According to the General Plan, the project site is considered farmland of local importance; however, it is not considered prime or unique farmland, or farmland of Statewide Importance pursuant to the Farmland Mapping and 3 R:~S P~Harveston SP~City Council~,ESO CC EIR Findings.doc Monitoring Progr?m Of the California Resources Agency. The site currently is not zoned for agriculture use, ~s not under a Williamson Act Contract, nor is it located within an Agricultural Preserve. Non~ of the surrounding properties support long-term productive agricultural activities (Initial Study, p. 5). B. Mineral Resources. No mineral resources are known to occur within the project boundaries (Initial Study, p. 10). (9. Population/Housing/Employment. The buildout of the Harveston Specific Plan is accounted for in the General Plan and future growth scenarios for the City. However, there will be extensions of 'infrastructure associated with this project. The project will serve as an attractor for additional growth in the local area or region. Population The proposed Rroject will provide a maximum of 1,921 new housing units in the City of Temecula. Based on the current population generation factor (Temecula Subdivision Ordnance) of 2.~85 persons per single family unit and 2.43 persons per multi-family unit, the project is expectbd to generate a residential population of 5,349 new residents (Draft E R, p. 5- 164~. The proposed project is consistent with the regional population projections of the Southern Caliiornia Asso(Jiation of Government (SCAG) and does not exceed the 6,205 persons forecasted by SCAG for the project, as set forth in the Regional Comprehensive Plan and Guide and the Subreglional Comprehensive Plan prepared by the Western Riverside Council of Governments (WRCOG) (Final EIR, p. 2-20). According to the General Plan, at buildout, the area wilhin the City limits will have 39,658 dwelling units and a population of 112,254 persons. By provid ng 5 349 persons, the pro ect will enable the City to provide housing to meet the needs of this expected population growth. Therefore, the level of population generation is consistent with tile General Plan and is not considered significant. Housing The project will dd 1,921 dwelling units to the City's existing housing stock. The project is consistent with tl~e City's land use policies contained in the City of Temecula General Plan. The project proposes s ng e fam~ y and muir -fam ly un ts w th a range of d fferent densities, wh ch will provide housing opportunities for a range of people. The provision of housing of this type is consistent with ihe City's objective to encourage the provision of adequate sites for housing (City of Temecula, 1994-1999 Housing Element, p. 4-42). In addition, the development of the housin9 units p~oposed in the project would help the City to achieve its 1998-2005 Regional Housing NeedslAssessment (RHNA) number as determined by SCAG and WRCOG. The RHNA is a key too for SCAG and WRCOG to plan for projected growth in the region. As specified by the RHNA, the C ty of Temecula has a projected housing need for 7,798 housing units during the 1998~2005 period (WRCOG, July 23, 1999). Since the project is consistent with the Temecula General Plan City land use policies, impact will be less than significant (Final EIR, p. 2-20~;. Employment In a reqional context,'the Harveston site lies within the WRCOG Subregion, which is defined by SCAG to be h~using-rich and jobs-poor (Regional Comprehensive Plan and Guide, SCAG, 1994) SCAG p~ojects a jobs/housing ratio of 0.99 for the year 2015. The project is expected to creat; I 400 i~bs in the service commercial and neighborhood mixed uses (i.e., retail, restaara~t etc;) within the Mixed Use Village Center. Although the project will result in the ~ 4 R:~S P~H~trveston SP\City C~uncilLRESO CC EIR Findings.doc development of residential units in an already housing-rich subregion, SCAG projects a housing-rich ratio for the subregion in 2015. Therefore, the project is is not in conflict with the SCAG projections. Additionally, SCAG's regional growth management policies are based on the adopted General Plan development projections. As discussed above, the Harveston project is consistent with the City of Temecula General Plan. Furthermore, according to the General Plan EIR, the jobs/housing balance is measured on a citywide basis rather than a project specific basis, and as a whole, Temecula's land use policy works toward achieving regional jobs/housing goals (City of Temecula General Plan EIR, p. 199). Implementation of the Specific Plan project would be growth-inducing in terms of a localized employment increase. However, the increase in local employment is a major goal of the City's General Plan (Draft EIR, p. 7-1 ). Section 2. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Harveston Specific Plan will have a less than significant impact through the EIR and therefore do not require the imposition of mitigation measures: A. Land Use Compatibility. The 549.5-acre site currently consists of vacant land once used for cattle and sheep grazing. The proposed Harveston project site is surrounded by existing and proposed/approved developments (Draft EIR, p.5-3). The proposed project will result in the development of single family residential, multi family residential, service commercial, retail commercial, community park, lake, lake park, trails, and school site, which will establish new land use relationships with adjacent land uses. These uses proposed are consistent with the density and intensities of the City of Temecula General Plan Land Use Plan (Draft EIR, p.5-14). Due to the overall design of the proposed Harveston project, no significant impact, including on- and off-site land use relationships, were identified in this area (Draft' EIR, p. 5-15 and 5-18). The proposed project will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. Additionally, no impacts to the City of Temecula Development Code are anticipated (Draft EIR, p. 5-19 through 5-23). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. However, the proposed project is consistent with the City of Temecula General Plan, City Development Code and Subdivision Ordinance and Citywide design guidelines. Therefore, no significant cumulative land use consistency impacts are anticipated. (Draft EIR, p. 5-3). B. Transportation and Circulation - Emergency Access and Parking Emergency Access The proposed project will improve local cimulation (including emergency access) as well as access to nearby uses by providing needed roadway and intersection improvements. The 5 R:XS P'fflarveston SP\City Council'~,ESO CC EIR Findings.doc circulation portio of the Specific Plan will help provide adequate access for local residents and emergency vehicles. Parking The proaosed pqblic facilities (e.g., parks, schools) will provide adequate onsite parking, so no offsite parking s~ould !be impacted. The circulation portion of the Specific Plan will provide for adequate parkin~ both in terms of numbers of spaces and location. There will be no construction par~ing on adjacent streets; therefore, offsite parking impacts would not be significant. C. Air Quality. Construction activities generate evaporative emissions of volatile organic compounds (VOC) from paints, solvents, asphalt, roofing tar and other coatings. Through compliance with SCAQMD regulations on paint volatility, and with the anticipated rate of project completion, iROGNOC emission impacts will be less than significant (Draft EIR, p. 5- 98). Through compliance with SCAQMD regulations on paint volatility, and with the anticipated rate of project c~ompietion, the project's incremental contribution to ROG / VOC emission ~mpacts will be less than s'gn'f'cant (Draft EIR, p. 5-103). D. No/ise. The project noise impact study indicated that off-site noise impacts will be individually and ~umulatively less than significant. Additionally, the noise impacts on the site from the French Valley Airport are considered to be less than significant (Draft EIR, p. 5-120). I?. Biological Resources. 1. Potential Project Impacts to Biological Resources (General Impacts). Implementation 0f the proposed project would not remove or alter any significant natural or native vegetatior~ formations on the property because they do not currently exist on site. The site contains no natural wetland habitat or other sensitive natural assemblages. No natural pant communities or natural populatons of native species would be affected, directly or indirectly, by th~ pro'posed development. The project would generate no direct significant adverse impacts ~o natural wildlife habitats on a local or regional scale (Draft EIR, p. 5-155). At leaSt one natiye raptorial bird species, the red-tailed hawk, uses the site as foraging habitat. However, foraging habitat for raptor species is not regionally unique, therefore the loss of this resource.~ would r{ot be considered a significant impact (Draft EIR, p. 5-156). fis21~ Impacts to Sensitive Species. No sensitive (rare or endangered) plant, invertebrate, amphibian, reptile, bird or mammal species are known or expected to reside within, or occur lin a; resource-dependant relationship with, any portion of the overall site. Although the proposed project occurs within the SKR Habitat Conservation Plan Area, this species is highl~ unlikely to occur onsite and implementation of the SKR mitigation fees will reduce potential impacts to a level less than significant. Additionally, the focused survey for the QCB revealed tl'Jat there are no QCB occurring on this parcel and therefore no impacts from development woal Id occur (Draft EIR, p. 5-156). The proposed pr,oject ;will not result in impacts to sensitive (rare or endangered) plant or animal species as none has been identified as occurring onsite (Draft EIR, p.5-157). F. C {umulative Impacts (Land Use, Aesthetics and Geology) R:XS PXHal'veston SP\City Coflncil~RESO CC EIR Findings.doc The Temecula General Plan EIR examined impacts associated with build out within the corporate city limits, its sphere of influence, and a larger "area of interest." The Harveston Specific Plan is accounted for within the total unit count. Regional growth plans were also examined in evaluating cumulative impacts on a regional basis (Final EIR, p. 2-20). The General Plan policies and standards which serve as mitigation measures for the potential cumulative effects of all development under the General Plan have been applied to the Harveston Specific Plan whenever applicable. Among the many General Plan policies applied to the Harveston Specific Plan are the following (Final EIR, p. 2-20 and Specific Plan, Appendix A): Incorporating the village concept into large master-planned developments; Providing development standards that ensure high quality design; Incorporating pedestrian and bicycle trails into project design; Providing adequate circulation improvements to support the level of development proposed; and Establishing setbacks along Alquist-Priolo Special Studies zones; The incorporation of the General Plan policies and standards in the Specific Plan from the start have ensured that land use, aesthetic and geology cumulative impacts associated with the development are less than significant (Specific Plan, Appendix A). Land Use The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. The potential development of the project is consistent with the City of Temecula General Plan, City of Temecula Development Code and Subdivision Ordinance and Citywide Design Guidelines. No significant cumulative land use consistency impacts are anticipated (Draft EIR, p. 5-23). Aesthetics The project in conjunction with other proposed or on-going projects occur within an urbanizing area. The City of Temecula General Plan designates the area for urban uses. Development will result in changes to the appearance of the landscape as viewed from public roads. Proposed cumulative development will also contribute to cumulative night lighting and daytime glare and reflective impacts. Because the proposed development is a master planned community with detailed Specific Plan Design Guidelines and is anticipated by the General Plan, and it is a continuation of existing land use patterns, the project's incremental cumulative aesthetic impact is not considered significant (Draft EIR, p. 5-31) Geology and Soils Generally, geotechnical issues are sit-specific and will be limited to within the development boundaries of the Specific Plan site; therefore, no cumulative geotechnical impacts are anticipated (Draft EIR, p. 5-131). Section 3. The City Council hereby finds that mitigation measures outlined in the Draft EIR have been incorporated into the Harveston Specific Plan that avoid or substantially lessen the following potentially significant environmental impacts identified in the Specific Plan Draft EIR to 7 R:~S P'fflarveston SP~City Council'xRESO CC EIR Findings.doc a less than sig~ measures which follows: A. A~ ~ificant level. The potentially significant project impacts and the mitigation have been adopted to mitigate them to a less than significant level are as ~sthetics / Light and Glare Potential Significant Impact, The project site is currently undeveloped. Implementation the Harveston project will alter the aesthetic character of the area. The project's; development could potentially degrade the existing visual character or quality of the site and[ its surr~)unding; however, the proposed project includes features, which help avoid potential aesthetic impacts. These features include consideration of residential planned development with comprehensive landscaping plans, and other site design proposals (i.e., expanded landsqaped parkways along the perimeter roadways and aesthetically pleasing wall treatments) whicI will minimize the aesthetic impacts of the project (Draft EIR, p.5-30). Aesthetic compatibility and light pollution are potentially significant impacts. While the Specific Plan includes provisions to ensure quality design and compatibility, ongoing review and monitoring will be, required to avoid potential impact. The proposed corem,unity park will include ball fields and lighting' associated with sporting activities. The "sky glow' condition emanating from thE, propose;d development may impact the Mount Palomar Observatory. A potential exists for a significant aesthetic impact if the project results in substantial light and glare (Draft EIR, p. 2-3,4) Findings. Implementation of the following mitigation measures will reduce potential aesthetic impacts to a less than significant level: landscape desig EIR, p.5-32) a. During development plan review process, all architectural and plans and plant palettes shall be reviewed and approved by the City. (Draft community park part of t;he review process b. Prior to the issuance of building permits for Phase 2, the ighting shall be reviewed and approved by the Community Services Director as of the construction plans. (Draft EIR, p. 5-32) lc. The Master Developer shall provide the prospective homebuyers a notiCe that the 16-acre community park will include sports field lighting for evening use. Proof of this notificatioh, sh~ll be provided to the Planning Director prior issuance of building permits. (Draft EIR, p.5-3~) i · !d. In order to mitigate potential impacts to the Mt. Palomar Observatory all]light{ng shall be reviewed by the City to assure utilization of Iow pressure sodium vapor I~mps'; shielding to prevent upward illumination; and comp ance with the Ordinance No. 655. (Draft EIR, p.5-32) 3. Supporting Explanation. The following details from the Draft EIR and Specific Plan illustrate that the project will not have any significant impact upon aesthetics and that any potential aesthetic impact will be reduced to a less than significant level through requirements an~l standards in the Specific Plan and the mitigation measure identified above: I t The proposed Harves on project shall comply with the applicable codes and standards including the California bu:lding~ Code, Uniform Fire Code, etc. Compliance with the City's standards shall assure ..safe utilization of the facilities at nght by the public (Draft EIR, p. 5-32). ~ 8 R:kS P?arveston SP\City C?nciI'xRESO CC EIR Findings.doc With implementation of the above mitigation measures, no significant impacts related to aesthetics and light and glare are anticipated (Draft EIR, p. 5-32). B. Transportation / Cimulation 1. Potentially Significant Impact Phase I -2002 Scenario: Under this scenario there will be an increase in traffic levels. At Phase I buildout the project is anticipated to generate approximately 12,515 trips per day (Draft EIR, p. 5-43). When project-related traffic is added to the 2002 background traffic, all of the study intersections are found to operate at Level of Service D or better except for the two intersections, Winchester Road/Ynez Road and Winchester Road/Margarita Road. This is considered a significant impact. Intersection improvements have been identified that would allow Level of Service D or better to be maintained at both intersections and reduce this impact to a less than significant level. The additional left-turn opportunity would also improve the current operation of both intersections. Please refer to Mitigation Measure 1 below in Section 3.2.2, which requires the project's implementation of these intersection improvements (Draft EIR, p.5-45). In addition to improvements proposed at the two intersections mentioned above, the Phase I project traffic generated by the Harveston project would require additional intersection and roadway improvements in order to achieve acceptable service levels. The onsite roadway improvements (see Mitigation Measures 2a and 2b) are part of the Harveston project's Circulation Plan (Draft EIR, P. 5-50). Project Buildout - 2005 Scenario: Under this scenario there will be an increase in traffic levels. Based on the assumed land uses, the entire project (both components) would generate approximately 41,767 daily vehicle trips. It should be noted that at project buildout the residential planned community component of the Specific Plan generates 17,678 daily trips or 42% of the total 41,767 daily trips and the service commercial component generates 24,089 daily trips or 58% of the total daily trips (Draft EIR, p. 5-41). The HCM analysis indicates that with the project, a total of ten off-site intersections would result in a level of Service F during one or both of the peak hours. This is considered a significant cumulative impact. Since the project's traffic contributes incrementally to this cumulative impact, it will be responsible for its fair-share of the improvements. With the implementation of Mitigation Measure 3 below in Section 3.2.2, the project's incremental impact can be reduced to a less than significant level (Draft EIR, p. 5-60). In addition to the off-site intersection improvements, the 2005 with project build-out scenario will require the additional intersection and roadway improvements in the immediate project vicinity to accommodate project traffic access and to achieve acceptable service levels. The on-site roadway improvements (see Mitigation Measures 4a and 4b) are part of the Harveston project's Circulation Plan (Draft EIR, p. 5-74). The impact is mitigated with project improvements and mitigation measures (Mitigation Measures 3 through 5) (Draft EIR, p.5-82 and 83). Additionally, the currently adopted Temecula Circulation Plan is no longer consistent with the adopted City of Murrieta Cimulation Plan which shows a Cherry Street alignment. Although the project site plan evaluated in this Traffic Impact Analysis proposes a circulation system, which is consistent with the currently adopted Circulation Plan for Temecula, the onsite circulation could be easily modified to accommodate and facilitate implementation of the Alternative Draft Proposed Circulation Plan if it is adopted. The modifications necessary to provide consistency with the Draft Circulation Plan would not measurably alter the offsite impacts and improvement R:~S PLHarveston SP~City Council~P-.ESO CC EIR Findings.doc needs that have been identified in the EIR Traffic section. Because the adoption of the City's Draft Proposed ;imulation Plan may occur subsequent to the City's action on the proposed project MitigatiOn Measure 6 has been proposed to ensure that the Harveston project's implementation ~ould,not prevent implementation of the City's Draft Circu at on Plan (Draft EIR, P. 5-77). ' t M t Traffic Demand and Sys ems anagemen The existing sit! does not now provide alternative transportation opportunities for area residents. The circulation portion of the Specific Plan will provide for alternate transportation opportunities. Thee project site does not presently provide access for pedestrians or bicyclists due to its un~mpr~oved condition and ~solated Iocahon. The c~rculabon plan of the Specific Pla provides both Pedestrian and bicycle circulation for area residents as well as project visitors. This proposed n~twork of sidewalks and trails will provide non-vehicular access to the service commercial area! onsite and offsite schools, the extensive park and recreation system and the mixed use Villagb Center. The proposed sidewalks and Class II bike lanes on Margarita Road will eventually allow qon-vehicular access offsite, and will tie into trails along Santa Gertrudis Creek, A separaie transit plan, bicycle plan and open space / recreation plan (which includes trails) have all been included in the Specific Plan. Mitigation Measures 7 through 9 will help reduce vehicle trips and traffic congestion (Draft EIR, p. 5-76). 2. Findings. Implementation of the following mitigation measures will reduce Phase I project traffic impacts to a less than significant level: ^ .I y 2002 Phase 1 ~cenano- ear a. Prior to issuance of 1st occupancy permit for Phase I Residential and 1st occupan~cy permit for Phase I service commercial, the developer(s) shall implement the improvements fgr intersections 28, 29, 30A, 30B and 31 outlined in Table 6, Exhibits 26A-26C of this EIR, and listed below. Prior to issuance of 326th occupancy permits for the Phase I Residential and more than 8 acres of Phase I Service Commemial development (i.e. the southern port~on of Planning Area 12), the developer(s) shall implement the improvements or pay their fair-share improvement costs for the improvements for intersections 4 and 5 outlined in Table 6, Exhibits ,26A-26C of this EIR, and listed below. City shall review and adopt a funding mechamsm for the improvement costs above the Project percentage for 'flair share" consistent with ~ecti0n 12.3 of the Specific Plan, the "Financing Mechanism". Intersection Improvement Needs 2002 With Project Phase I ID No. I In ersection I Improvements I Project % Prior to issuanceI of lS~ Occupancy Permit for Phase I Residential and 1st Occupancy Permit for Phase I Service Commercial 28 Rustic Glen Dr @ (1 ) Add EB Left Turn Lane Margari{a Rd! (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane ' (4) Add NB Through Lane ; (5) Modify WB Right Turn Lane to Shared Through 100% ' and Right Turn Lane (6) Add SB Through Lane I (7) Add SB Right Turn Lane ~ (8) Modify Signal to Accommodate New EB ~ Approach R:'~S P'xHarveston SP~City CohnciruRESO CC EIR Findings.doc I Intersection Improvement Needs 2002 With Project Phase I ID No. Intersection Improvements Project % 29 Margarita Rd @ (1) Add NB Left Turn Lane South Project (2) Add SB Right Turn Lane Residential (3) Add EB Left Turn Lane 100% (4) Add EB Right Turn Lane (Dual) (5) Install Traffic Signal 30A South Project (1) Add EB Through Lane Residential Access Rd Inbound @ Internal (2) Add NB Left Turn Lane 100% Loop Access Rd (3) Add NB Right Turn Lane (4) Add WB Through Lane (5) Install Traffic Signal 30B South Project (1) Add EB Through Lane Residential Access Rd Outbound @ Internal (2) Add EB Right Turn Lane Loop Access Rd (3) Add WB Through Lane 100% (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 31 East Project (1) Add NB Through Lane Residential Access Rd @ Internal Loop (2) Add NB Right Turn Lane Access Rd (3) Add WB Left Turn Lane 100% (4) Add WB Right Turn Lane (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on WB Approach Prior to issuance of 326TM Occupancy Permit for Phase I residential and more than 8 acres of Phase I Service Commercial 4 Winchester Rd @ (1) Modify Signal to Provide NB Right Turn Ynez Rd Overlap Phase (2) Modify Signal to Provide SB Right Turn 45% Overlap Phase (3) Add EB Through Lane 5 Winchester Rd @ (1 ) Modify Signal to Provide SB Right Turn 51% Margarita Rd Overlap Phase (2) Add EB Left Turn Lane b. Prior to issuance of occupancy permits for Phase I, the developer(s) shall implement the Roadway Improvement Needs identified below. Exhibit 10, Development and Roadway Phasing Plan identifies the proposed timing for on-site Roadway Improvement Needs. A program for the improvements listed below with an ..... shall be completed to the satisfaction of the City and the developer (Draft EIR, p.5-81). Complete 4-lane widening of Margarita Road to Arterial highway standards between Santa Gertrudis Creek and Date Street.* · The proposed South Residential Access Road and Loop access Road will be constructed to provide adequate access to the first phase of the Harveston project. This will include at a minimum, the following key on-site circulation components: t! P~Hawcston SP\Ci[¥ Counci]~,E$O CC E[R Findings.doc SoL th Residential Access Road, which provides two lanes in each direction with prowslons for a median left-turn lane at the intersection with Margarita Road. East Residential Access Road (i.e., extension of Rustic Glen), which provides one lane ~n each direction with provisions for a median left turn lane at margarita Road and the internal Loop Access Road. Loop AcCess Road, which provides a single lane in each direction with a center twoiway left-turn lane. Additionally, turn lanes may be needed at key intersections (refer to Exhibits 26A-26C). Curbside parking should not generally be provided alor~g the internal Loop Access Road except where required by the City of Temecu a. The provision of curb parking should cons der s ght d stance I m tat o s, which may occur along the interior of the Loop Access Road. Bik; lanes shall be provided on the three principal on-site roadway described abo~/e. c. Prior to issuance of occupancy permits for Phase I, the developer(s) sha!l pay the current City's established DIF, less any DIF credits applicable to the project. In lieu of the DIF payment, at the City's discretion, the developer(s) may implement the off-site Improv~r~ent Needs identified previously in Mitigation Measures 1 and 2a above (Draft EIR, p.5-82). 3. Findings. Implementation of the following mitigation measures will reduce project Build-Out traffic impacts to a less than significant level: Project Build-Out Scenario - Year 2005 ~a. Prior to the issuance of occupancy permits for the Phase II build- out of Flesidential (i e, bevond 476 single family units and 346 mu t -lam y un ts) and Service Commercial (i.e.! b'~y~)nd 2'0 net acres i-n Planning Area 12), and Village Center neighborhood commercial (i.e.! beyond 8,000 square feet), the developer(s) shall pay their fair-share improvement costs for the intersection improvements outlined in Table 8 of this EIR and listed below. The specific timing of project 2005 build-out improvements (Phase 2 through Phase 4) shall be consistent with the Traffic Mitigation Monitoring Program (TMMP), as required in Mitiga!ion Measu~re 5 below. Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % I Winchester Rd @ (1) Add EB Right Turn Lane Jeffersor~ Ave; (2) Add NB Right Turn Lane (Dual Right) !(3) Add Southbound Left Turn Lane 16% (4) Convert SB Right Turn Lane to Shared Through and Right Turn Lane 2 Winchester Rd @ (1) Add EB Right Turn Lane i-15 Souihbodnd (2) Add SB Dedicated Left Turn Lane (Dual Left) and 23% Ramp I Widen Off Ramp to Accommodate the Added Lane 4 Winchester Rd @ (1) Add EB Left Turn Lane (Dual Left) Ynez Rd : (2) Add EB Through Lane ' (3) Modify NB Through Lane to Shared Through and Left Turn Lane ' 12 RSS PXltarveston SP\C?y Co!ncil~..ESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % (4) Modify Signal to Provide NB Right Turn Overlap 62% Phase (5) Split NB and SB Signal Phases (6) Add WB Through Lane 7) Add SB Shared Through and Right Turn Lane 5 Winchester Rd @ (1) Modify Signal to Provide SB Right Turn Overlap Margarita Rd Phase (2) Modify Signal to Provide NB Right Turn Overlap 42% Phase (3) Add EB Left Turn Lane (Dual) 10 Murrieta Hot Springs (1) Add WB Left Turn Lane (Dual) Rd. @ Jefferson Ave (2) Channelize NB Right Turn Lane to Allow Free 4% Right Turn Movement 12 Murrieta Hot Springs (1) Add WB Right Turn Lane Rd @ Alta Murata Dr (2) Modify WB Shared Through and Right Turn Lane 21% to Through Lane 13 Murriefa Hot Springs (1) Modify EB Through Lane to Shared Through and Rd @ Margarita Rd Right Turn Lane (2) Modify NB Through Lane to Shared Through and 43% Left Turn Lane 18 Overland Dr @ (1) Modify Signal to Provide WB Right Turn Overlap Jefferson Ave Phase (2) Modify Signal to Provide NB Right Turn Overlap 14% Phase (3) Split NB and SB Signal Phases (4) Add EB Right Turn Lane 19 Overland Dr @ (1) Add WB Right Turn Lane Ynez Rd (2) Modify WB Shared Through and Right Turn Lane to Through Lane 27% (3) Modify Signal to Provide WB Right Turn Overlap Phase (4) Modify Signal to Provide SB Right Turn Overlap Phase 26 Overland Dr @ (1) Modify NB Through Lane to Shared Through and Margarita Rd Left Turn Lane 100% (2) Split NB and SB Signal Phases 28 Rustic Glen Dr @ (1) Add EB Left Turn Lane Margarita Rd (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane (5) Modify WB Right Turn Lane to Shared Through 100% and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane (8) Modify Signal to Accommodate New EB Approach 30A South Project - (1) Add EB Through Lane Residential Access (2) Add NB Left Turn Lane 13 RAS PXHarveston SPXCity CounciBP. ESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Inte~rsection improvements Project % Rd Inbound @ (3) Add NB Right Turn Lane 100% Internal L~oop Access (4) Add WB Through Lane Rd. I (5) Install Stop Signs on EB and WB Approaches 30B South Prbject IResi- (1) Add EB Through Lane dential A~cess Rd. , (2) Add EB Right Turn Lane Outboun~l @ Internal i(3) Add WB Through Lane 100% Loop Access Rd 1(4) Add WB Right Turn Lane I 1(5) No Intersection Controls Needed 31 East Project (1) Add NB Through Lane Residential ACcess (2) Add NB Right Turn Lane Rd. @ In,ternal Loop (3) Add WB Left Turn Lane Access Rd (4) Add WB Right Turn Lane 100% (5) Add SB Through Lane (6) Add SB Left Turn Lane ~ 7) Install Stop Sign on WB Approach 32 Date St @ Ynez Rd (1) Add 3 EB Through Lanes (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane 42% (7) Add 2 WB Through Lanes (8) Add 2 WB Left Turn Lanes (Dual Left) (9) Add WB Right Turn Lane (10) Add 2 SB Through Lanes (11 ) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal 33 Date St @ Service 1) Add NB Through Lane Commercial Access I (2) Add NB Right Turn Lane I 3) Add WB Left Turn Lane (4) Add WB Right Turn Lane 100% (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on NB and SB Approaches 34 Date St @ North (1) Add 2 EB Through Lanes Project Residential (2) Add EB Left Turn Lane Access Rd ' (3) Add EB Right Turn Lane I (4) Add NB Shared Through and Left Turn Lane ' (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane 76% ' (7) Add 2 WB Through Lanes ~ (8) Add WB Left Turn Lane : (9) Add WB Right Turn Lane (10) Add SB Shared Through and Right Turn Lane (11) Add SB Left Turn Lane (12) Install Traffic Signal 35 North Prgject i (1 ) Add EB Through Lane I R:~ P~I-larveston SP\City CouncilkRESO CC EIR F~ndmgs doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Proiect % Residential Access (2) Add EB Left Turn Lane Rd. Internal Loop (3) Add WB Through Lane Access Rd (4) Add WB Right Turn Lane 100% (5) Add SB Left Turn Lane (6) Add SB Right Turn Lane (7) Install Stop Signs on EB and WB Approaches 36 Ynez Rd @ (1) Add EB Through Lane Service Commercial (2) Add EB Right Turn Lane Access II (3) Add NB Left Turn Lane (4) Add NB Right Turn Lane 100% (5) Add WB Through Lane (6) Add WB Left Turn Lane (7) Install Stop Signs on EB and WB Approaches 37 Ynez Rd @ (1 ) Add EB Right Turn Lane Service Commemial (2) Add 2 NB Through Lanes Access III (3) Add NB Left Turn Lane 77% (4) Add 2 SB Through Lanes (5) Add SB Right Turn Lane (6) Install Stop Sign on EB Approach 38 Ynez Rd @ (1 ) Add EB Shared Through and Right Turn Lane Service Commemial (2) Add EB Left Turn Lane Access IV (3) Add 2 NB Through Lanes 86% (4) Add NB Left Turn Lane (5) Add NB Right Turn Lane (6) Add WB Shared Through and Right Turn Lane (7) Add WB Left Turn Lane (8) Add 2 SB Through Lanes 86% ~(9) Add SB Left Turn Lane (10) Add SB Right Turn Lane (11) Install Traffic Signal 39 Date St @ (1) Add EB Shared Through and Left Turn Lane Margarita Rd (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane (7) Add WB Shared Through and Right Turn Lane 37% (8) Add WB Left Turn Lane (9) Add SB Through Lane (10) Add SB Shared Through and Right Turn Lane (11) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal b. Prior to issuance of occupancy permits for the build-out of residential and service commercial (Planning Area 12), the developer(s) shall implement the Roadway Improvement Needs identified below. Exhibit 10, Development Phasing Plan identifies the proposed timing for On-site Roadway Improvement Needs. A fair-share program 15 R:~S P'd~larveston SP\City Council'~RESO CC EIR Findings.doc for the irnprovements listed below with an * shall be completed to the satisfaction of the City and the der. · - - · r ~ ~ le AeCxCae~ Sa I[~;1' (or Cherry Street) needs to be coordinated with study efforts related to the proposed future Daie Street (or Cherry Street) interchange. / · Realign a~d extend Ynez Road from current terminus to just south of Date Street as a 4- I;}ne Major. · (,onstruct YneZ Road from the northern project boundary to just south of Date Street as a 4-lane Arterial. · Construct the North Residential Access Road between Date Street and the internal Loop Access Road as a 4-lane road with provisions for a median left-turn lane at the intersection with Date Street. · Construct! the internal Loop Access road as a two-lane roadway with center two-way left turn lane.I Curbside parking shall not generally be provided along the Loop Access Road except where required by the City of Temecula. The provision of curb parking shall consider fright distance limitations that may occur along the interior side of the Loop Access Rbad., · Bike lane]s shall be provided along the Loop Access Road and all three project access roads fror~ Date Street and margarita Road. lc. Prior to issuance of occupancy permits for the build-out of residential and service commercial (Planning Area 12), the developer(s) shall pay the current City's e:~tablishe~l DIF, less any available DIF credits. In lieu of the DIF payment, at the City's discretion, the d&veloper(s) may implement the off-site Roadway Improvement Needs identified prewous y ~n M~t~gat on Measures 3 and 4a above (Draft EIR, p.5-86). development ap the future interc[ ,d. Prior to the recordation of the first map or the approval of the first )lication in Planning Area 12, whichever occurs first, the land area required for ange (approximately 10 acres) shall be dedicated to the City of Temecula. e. Consistent with the City's Circulation Element policies, the Harveston proje~ct shall implement a Traffic Mitigation Monitoring Program (TMMP) related to the ~roiect's traffic impacts. This program would include a series of focused traffic studies that addrres~; the potential' incremental traffic ~mpacts and roadway system needs associated with subsequent dev~loprnent phases of the project. The EIR traffic study has identified the project- related traffic ~mpacts and roadway system improvement needs at both build-out of the project and for Phase I iof the project. This traffic study also provides a measure of the overall project's mitigation responsibilities. The intent of the Traffic Mitigation Monitoring Program is not to re- define rnitigationI responsibility, but rather to assist in the refinement of area improvement needs and the timing oI thes~ improvements (Draft EIR, p.5-86). The Traffic Mitigation Monitoring Program proposes that a focused traffic study be prepared prior to occupancy of, development included in each of the future development phases (e.g., 2, 3, and 4). The focused traffic study would: 1) document ambient traffic volumes conditions; 2) R:~S p~l-l~'veston SP~City C!uncil~RESO CC EIR Findings.doc estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the focused traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the focused traffic study is to be performed) and/or those roadways that are part of the General Plan arterial road network. City in proactively planning for area roadway improvements (Draft EIR, p.5-86). f. Prior to approval of the Final Map, the developer(s) shall demonstrate to the satisfaction of the City's Department of Public Works that the project will allow for the facilitation (i.e., through ROW reservation) of the City's ultimate Circulation Plan (Draft EIR, p.5-86). Traffic Demand and Systems Manaqement Measures: In addition to the previously roadway and/or intersection improvements identified in Mitigation Measures a through f above, the following transportation system management / transportation demand management (TSM / TDM) measures are recommended to help reduce vehicular trips and traffic congestion: g. Prior to the approval of a tentative map or development plan, the developer will forward tract maps to the Riverside County Transit Agency (RTA) for review and comment regarding bus turnouts, shelters, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City and the RTA (Draft EIR, p.5-86). h. Prior to the approval of a tentative map for individual planning areas or development plan, the developer and City staff will review plans, specially for multi- family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities (Draft EIR, P.5-86, 87). i. During the development plan review, major employers (i.e., more than 250 employees) who locate their business within the project shall prepare Transportation Demand Management (TDM) plans in accordance with the Riverside County Council of Governments (RCTC/WRCOG) guidelines (Draft EIR, p.5-87). 4. Supporting Explanation. In order to lessen the need for vehicle trips and to facilitate pedestrian and bicycle movement throughout the Project, the Specific Plan provides a system of bikeway and pedestrian pathways. These amenities will be provided along Margarita Road, Ynez Road, Santa Gertrudis Creek, Date Street and Loop Access Road (Draft EIR, p. 5-76). With the implementation of the project as proposed, including the Specific Plan Cimulation Element and Mitigation Measures (including recommended roadway and intersection improvements), no significant traffic impacts will result from the proposed project under the Phase I - 2002 and Full Build-Out 2005 Scenarios (Draft EIR, p. 5-87). 17 R:~S P~-Iarveston SP\City Council~,ESO CC EIR Findings.doc The main objective of the Circulation Plan is to provide direct and convenient access to individual residential enclaves, employment and service land uses through a safe and efficient network including arterial secondary, collector, and local roadways, and a pedestrian trafl/s~dewalk system. The Loop Road, which will be the primary circulation route through Harveston, is enwsloned as a landscaped parkway, with a right-of-way width of 66-feet. This accommodates ~ 44-foot road width, with wide parkway strips on either side (Draft EIR, p. 5-74 - 75). Roadways adjacent to the site will be improved to provide efficient access. All other residential roads, cul-de-sacs, and alley designs will be developed in conjunction with tentative tract maps for individual planning areas (Draft EIR, p. 5-74 - 75). (3. N!ise 1. Potential Significant Impacts. Construction activities, especially heavy equipment, will create short-term noise increases near the project site· With little development on the oroiect site, initial heavy construction will not have significant noise impact potential. irr~[ a~ts m~ however, become important if construction occurs near already completed Such p y res denlial uses during later phases of project development (Draft EIR, p. 5-108). Upon completion, project-related traffic will cause an incremental increase in areawide noise levels tliroughout the Temecula area. Traffic noise impacts are generally analyzed both to insure that the p~roject does not adversely impact the acoustic environment of the surrounding community, as well as to insure that the project site is not exposed to an unacceptable level of noise resulting f~om the ambient noise environment acting upon the project (Draft EIR, p. 5- 108). 2.I 'Findings. The following Mitigation Measures will be implemented to reduce potential noise impacts to a less than significant level Short-t(:.rm construction impact The following measures are required to reduce short-term construction noise impacts: a. As specified in City of Temecula Ordinance No. 94-25, no construction ma occur within one-quarter (1/4) of a mile of any occupied residence during the following hours ~ Draft EIR, p. 5-119): i. 6:30 p.m. to 6:30 a.m., Monday through Friday. ii. Before 7:00 a.m. or after 6:30 p.m., Saturday. iii. At any time on Sunday or any nationally recognized holiday. b. All construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps, generators or motors shall be allowed to operate within (:,ne quarter (1/4) mile of any occupied residence from 6:30 p.m. to 6:30 a.m. unless such equipment is surrounded by a noise protection earthen berm or solid barrier (Draft EIR, p. 5- : c. All construction staging shall be pedormed as far as possible from occupied dwellil IS (Draft EIR, p. 5-119). 18 R:'G P'fftaxveston SP\City Council~.ESO CC EIR Findings.doc Lonq-term noise impact The following measures are required to achieve compliance with City standards for land use compatibility with respect to interior and exterior noise: d. A noise mitigation analysis shall be performed, at the final map stage (for individual planning areas), for all future project noise-sensitive uses potentially exposed to noise levels in excess of 60dB CNEL to verify that planned noise protection will meet City of Temecula standards (Draft EIR, p. 5-119, 120). Exterior recreational areas shall be protected to achieve noise levels of less than 65 dB CNEL. Interior living areas shall be protected to achieve noise levels of less than 4 dB CNEL. Substantial perimeter walls separating rear yards from the roadway right-of way along Date Street are anticipated to be necessary. Precise wall geometrics shall be determined once exact setbacks and building pad grades are established. Moderately upgrading window treatments shall be necessary along Date Street in upstairs bedrooms closest to the roadway. Minor acoustical upgrades shall be needed along Margarita or Ynez beyond simply closing windows to shut out roadway noise. The building code requires that supplemental fresh air ventilation be provided in rooms where window closure for traffic noise protection is necessary. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filled with the appropriate agency. 3. Supporting Explanation. The proposed Harveston project shall comply with the applicable codes and standards. Compliance with the City's standards shall assure regulations of nuisance noise during all phases of construction and operation of the project (Draft EIR, p. 5-119). Implementation of mitigation measure 4 and the rear yard perimeter protection for usable outdoor space (yard, patio, spa, etc.) for proposed homes along Date Street, Ynez Road, and Margarita Road will reduce the impacts to less than significant. In addition, implementation of mitigation measures 1-3 listed above, for temporary noise impacts emanating from construction activities, will reduce the short-term impacts to a level of less than significant (Draft EIR, p. 5- 120). D. Geology and Soils 1. Potential Significant Impact. The proposed project may introduce potential impacts related to seismic activity and other soils and geologic hazards (i.e., liquefaction, lateral spreading, earth-quake induced flooding, expansive soils, permanent cut slopes, surficial slopes instability, shrinkage and subsidence, and soil corrosivity) (Draft EIR, p. 2-18). Generally, geotechnical issues are site-specific and will be limited to within the development boundaries of the specific Plan site; therefore, no cumulative geotechnical impacts are anticipated (Draft EIR, p. 5-131). 2. Findings. The following Mitigation Measures will be implemented to reduce potential project geology and soils impacts to a less than significant level: 19 R:~S P'O-larveston SP\City CouncilhRESO CC EIR Findings.doc a. During staff review of the tentative map for individual planning areas, an updat~;d geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations (Draft EIR, p. 5- 132). b. Prior to the issuance of a grading permit, the recommendations contained in section 6.0 of the geotechnical study, located in Appendix E of the Draft EIR shall be incorporated i'nto the earthwork activities of the proposed project to the satisfaction of the City Engineer. Earthwork activities include grading removals, subdrains, permanent slopes, temporary slope excavations, utility trench backfill, and site drainage. Additional recommendation§ are presented to mitigate the potential impacts related to liquefaction, expansive soil po{ential, and shrinkage and subsidence (Draft EIR, p. 5-132). c. Prior to the issuance of a building permit, the recommendations contain~,d in Section 7.0 of the geotechnical study, located in Appendix E of this document, shall be ~ncor.porated into the structural design of the proposed project to the satisfaction of the Chief Building Official. I Structural design activities include: foundation design; retaining walls; slabs- on-grade; and appurtenant facilities (Draft EIR, p. 5-132). d. Prior to issuance of a building permit, it shall be proven to the Department of Building and Safety that al structures shall be designed in accordance with the seismic design p~ovisions of the California Building Codes or Structural Engineering Association of California to p~ emote safety in the event of an earthquake (Draft EIR, p. 5-132, 133). 3. Supporting Explanation. Application of the following standard conditions and unitorm cod .~s will reduce a number of potential impacts to a level of less than significant (Draft EIIR, p. 5-131,132): · UBC, CitTMBuilding Codes, and applicable seismic standards will reduce ground-shaking and relat; ~d seismic effects to a level of less than significant. · UBC, Ci Building Codes, and geotechnical report requirements will reduce impacts related to liquefication and seismically related soil conditions to a level of less than ,.~ignificant. · City grad!ng a'nd Building Codes will reduce impacts related to disposal of excavated material, ~o a level of less than significant. · UBC or City/grading and Building Codes will reduce impacts related to unstable cut and fill slopes to a level of less than significant. · (.3al OSHA Construction Safety Orders and City grading and Building Codes will reduce impacts related to trench wall stability to a level of less than significant. · City grading a~d Building Codes will reduce impacts related to erosion of graded areas ~io a level of le~s than significant. · City grading and Building Codes will reduce impacts related to alteration of runoff, to a 'level of I~ss than significant. 2O R:~S P~H~rveston SP\~ity C~uncil~RESO CC EIR Findings.doc · City grading and Building Codes will reduce impacts related to unprotected drainage ways to a level of less than significant. · City grading and Building Codes will reduce impacts related to increased impervious sudaces to a level of less than significant. With implementation of the mitigation measures listed above and compliance with standard federal, state, and local building codes, potential project impacts associated with seismic activity and other soil / geologic hazards will be reduced to levels less than significant (Draft EIR, p. 5- 133). E. Hydrology and Drainage 1. Potential Significant Impact. The proposed project has the potential to result in a long-term impact on water quality due to the addition of pollutants typical of urban runoff. Additionally, the proposed project has the potential to increase impervious surfaces, leading to increased runoff. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in a cumulative impact related to hydrology and drainage issues (i.e., water quality impacts, erosion, down stream siltation). The project's incremental contribution to this impact can be mitigated to a level less than significance. Water runoff will cumulatively increase due to the introduction of impervious surfaces. The proposed mitigation measure will reduce the project's incremental cumulative impact to a level less than significant (Draft EIR, p. 5-146). 2. Findings. The following Mitigation Measures will be implemented to reduce potential hydrology and drainage impact to a less than significant level: a. Prior to issuance of any grading permits for any areas larger than 5 acres ~n size, the developer shall submit a "Notice of Intent" (NOI), along with the required fee to the applicable Regional Water Quality Control Board or the State Water Resources Control Board to be covered under the State national Pollutants Discharge Elimination System (NPDES) General Construction permit and provide the City with a copy of the written reply containing the developer's identification number (Draft EIR, p. 5-146). b. Prior to the issuance of the grading permits, the developer shall provide a Water Quality Management Plan showing conformance to all NPDES requirements (enacted by the Environmental Protection Agency (EPA) and Regional Water Quality Control Board, San Diego Region) for review and approval by the City Engineer. The plan shall reduce the discharge of pollutants to the maximum extent practical using best management practices, erosion control techniques and systems, design and engineering method and such other provision which are appropriate (Draft EIR, p. 5-147). Storm Water Quality Alternatives c. Catch Basin Filters: Storm water runoff may contain quantities of oil and grease from the use of vehicles. Catch basin filters could be installed on the on-site catch basins to absorb these contaminants before they get into the storm drain system. Catch basin filter is a filter which utilizes a natural absorbent material called Amorphos Alumina silicate (Fossil Rock) to filter out oil and grease and also maintain sufficient flow rate. Exact design of the filters may vary according to the characteristics of the proposed catch basins. A maintenance program would need to be developed, if possible to make this practice practical. 2! R:~S P'q-larveston SP~City Council~RESO CC EIR Findings.doc Such a program ' ypically includes periodic inspections, debris removal, local area cleanup, and replacement of filter absorbent material. An entity would need to be identified to carry out the maintenance program (Draft EIR, p. 5-147). d. Catch Basin C eanin.q: Cleaning of catch basin would be performed regularly to remove debris and reduce pollutant concentrations before first flush during storm seasons, Cleaning would also minimize clogging of the catch basin filter and underground drainage system. This catch basin cleaning practice should be at minimum provided once a 'ear before the wet season to eliminate debris accumulated during the summer (Draft EIR, p. 5-1 ~,7) e. Storm Drain System Si.qnaqe: The Standard "No Dumping" signs would be posted ~t all the catch basin on-site (Draft EIR, p. 5-147) f. Household Hazardous Waste Collection and Education: Information regal ding the City's or County's mobile collection program, or a stationary collection site if th~,~ City or County has one in the area, or businesses in the area certified to take in such waste could be ~given to new home buyers by the homebuilder at the time of new home purchase. If aI homeowners association (HOA) is formed for this development, similar informatiion could be disseminated on a regular basis (newsletters, billings, etc.) through this organiza.tion. Tl~e HOA and homebuilder could obtain information on programs from and coordina,te with the City's Community Services Department (Draft EIR, p. 5-147). 3. Supporting Explanation. All construction activity will comply with NPDES requ rements as/implemented and enforced by the California Regional Water Quality Control Board, San Diego Region. Also all commercial development will comply with NPDES requirements forI stormwater runoff control, as implemented and enforced by the California Regional Water Quality Control Board, San Diego Region. Prior to the issuance of occupancy permits, the City ~ill ensure that any required permanent facilities are in place. Compliance with these standard requirements will be mandated for the project (Draft EIR, p. 5-146). With implementation of proposed Mitigation Measure 1, the potential impacts to drainage will be reduced to a level less than significant (Draft EIR, p. 5-147). With implementation of proposed Mitigation Measure 1, the potential impacts associated with flooding will be r6duced to a level less than significant (Draft EiR, p. 5-147). With implementation of proposed Mitigation Measures 2 and 3, the potential impacts to water quality will be reduced to level less than significant (Draft EIR, p. 5-147). Implementation of p!oposed Mitigation Measures 1 through 3 will reduce the project's contribution to p, )tential cumulative drainage, flooding, and water quality impacts to a level less than significant, )raft EIR, p. 5-147). Incorporation in the Specific Plan of these mitigation measures will result in changes or alterations to th~ Specific Plan that will reduce hydrology and drainage impacts to a less than significa, nt level. 22 R:~S P~Harveston SP\Eity Cohncil~RESO CC EIR Findings.doc F. Biological Resources 1. Potential Significant Impacts. Impacts to Sensitive Species Although the proposed project occurs within the SKR Habitat Conservation Plan Area, this species is highly unlikely to occur onsite, and implementation of the SKR mitigation fees will reduce potential impacts to a level less than significant. Impacts to Jurisdictional Areas The proposed project will impact approximately 2.86 acres of '`waters of the United States." No wetlands or riparian plant communities will be effected by the proposed project. The project has obtained a 404 permit from the Army COE and a 1603 Agreement from the CDFG. Mitigation for these impacts includes avoidance and habitat creating. With the implementation of the 404 and 1603 permit conditions, no significant impacts to Jurisdictional Waters are anticipated (Draft EIR, p. 5-156). 2. Findings. The following Mitigation Measures will be implemented to reduce potential biological resources impact to a less than significant level a. Prior to the issuance of a grading permit, the developer shall provide proof to the Department of Public Works and planning that the conditions of 404 and 1603 permits pertaining to the arroyo Park restoration have been bonded for and shall be implemented consistent with the timing requirements of the permits (Draft E IR, p. 5-157). b. Prior to the issuance of a grading permit, the developer shall pay applicable SKR mitigation fees in accordance with Chapter 8.24 (Habitat Construction) of the Temecula Municipal Code (Draft EIR, p. 5-157). 3. Supporting Explanation. Although no impact has been identified to SKR, implementation of the above standard condition will ensure that any potential impact to SKR regionally is mitigated to less than significant level. The proposed project will impact approximately 2.86 acres of "waters of the United States." No wetlands or riparian plant communities will be effected by the proposed project. Lennar Homes has obtained a 404 permit from the army COE and a 1603 Agreement from the CDFG. Mitigation for these impacts includes avoidance and habitat creation. Mitigation Measure 1 requires implementation of conditions of 404 and 1603 regarding restoration of the Arroyo Park, which will reduce impacts to levels of insignificance. The project, in conjunction with other past, present, and reasonably foreseeable future projects, will incrementally contribute to the cumulative loss of biological resoumes. The project's incremental contribution to this impact will be mitigated to a less than significant level (Draft EIR, p. 5-157). G. Public Services and Utilities 1. Potential Significant Impact. The proposed project will create increased demand for public services and utilities on a local and regional basis (Draft EIR, p. 2-22). Fire According to the Temecula Fire Services and Riverside County Fire Department, future development of the project site will not create a need for expansion of facilities or addition of 23 R:~S Phqarveston SP\City Council'uRESO CC EIR Findings.doc staff nor will it ac versely impact the level of Service presently provided. Because the proposed project is located within City limits, the Fire Services Fees are included in the City's Development Im)act Fees (DIF). With implementation of Mitigation Measures 1-4, potential impacts would bE mitigated to less than significant levels (Draft EIR, p. 5-163). Police Development wit lin the project area will adversely impact the level of police services presently provided. Calls )r service will increase, requiring additional staff and office time to manage the project ~[rea. According to the City of Temecula Police Department, development of the project site will create the need for an additional storefront field office facility to support walk-in type "Calls for Service (Draft EIR, p. 5-163). ect would also create the need for additional staff. Presently, there is no The proposed p~ revenue budgete :1 for such an expansion (Draft EIR, p. 5-163). Schools The developmer of 1,921 new residential units would generate 787 additional elementary school students, 337 middle school students, and 244 high school students. A new elementary school .~;ite would be needed since the school currently serving the area in no longer able to expand on the e~isting site. Additionally, expansions to Day Middle School and Chaparral High School would be reqUired to house new students. Additional staff would also be required to serve th~ students (Draft EIR, p. 5-164). It Parks and Recrea ion The proposed ploject would create additional demands on existing recreation facilities and service related programs. Implementation of the Harveston Specific Plan will create an additional demaqd for'parks and recreation facilities. Additional staffing would be anticipated to fulfill these need~ in cOncurrence with project development (Draft EIR, p. 5-164). Library The deve opment of 1,921 new houses will generate additional patrons and will ultimately create a need tor additional iibrary staff, space, and additional resources. Additionally, the proposed project 'will creat~e an increase in traffic though the library. The project will pay library fees, which are included in the City's DIR Fees to offset the project's effect on library facilities. The annual special t~x p~id by property owners helps offset library operations and maintenance. With implementaiion of Mitigation Measure 12, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-165). rt]t ~ubli¢ T'ranspo a ion ' ] ' t ' ated to result in an ncreased demand for extended service to lhe prcpose~ p[oiect~ is an iccp coyer the project site. The proiect will create a need to expand coverage of the current lemecula/Murri~ta routes. Additional buses are also needed to moot demands for increased service. Bus turnouts and shelters to serve future residents shall be provided as required and established by t~ e Gity Engineer, director of Planning, and the RTA (Draft Ell:l, p. 5-165). Water Implementation ,f tho proposed project would result in development of land uses that may impact existin~ ~ater services and facilities. Althou§h the Rancho Galifornia Water District 24 R:XS PXHarveston SP\City Co~ncil'~R. ESO CC EIR Findings.doc foresees no problems serving the proposed project, construction of Winchester Reservoir No. 2 by RCWD will occur on an as-needed basis as water demands increase in the 1380 Pressure zone (Draft EIR, p. 5-165). Sewer Implementation of the proposed project may result in additional demand on the existing sewer system from increased sewage flows, but will not adversely impact the level of service presently provided (Draft EIR, p. 5-166). Harveston Specific Plan area is located within the sewer service boundaries of Eastern Municipal Water District (EMWD). According to the Eastern Municipal Water District, the existing facilities can accommodate this increased demand. Expansion of facilities and additional staff will be required over time (Draft EIR, p. 5-166). Storm Drainaqe / Flood Control The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in a cumulative impact related to hydrology and drainage issues. The project's incremental contribution to this impact can be mitigated to a level less than significance. Water runoff will cumulatively increase due to the introduction of impervious surfaces. The proposed mitigation measure will reduce the project's incremental cumulative impact to a level less than significant (Draft EIR, p. 5-146). Natural Gas Southern California Gas Company (SCG) indicated that gas service could be provided in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. With implementation of Mitigation Measure 13, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-171). Electricity Southern California Edison Company (SCE) does not anticipate any significant impacts in providing the project site with electrical power. SCE stands ready to install distribution facilities for the project site. With implementation of Mitigation Measure 14, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-171 ). Solid Waste Project implementation will increase the amount of solid waste generated in the region, which in turn will increase the demand upon services of waste haulers in the project area. In addition, the construction phase of the development will also produce on-site solid waste (Draft EIR, p. 5- 171). There appears to be adequate landfill space for the present and immediate future, and the City participates in solid waste management activities through its SRRE. Based on this information, no significant solid waste utility impacts are expected with the implementation of Mitigation Measure 15 through 19. The project will be consistent with the goals of the General Plan related to utility systems after implementation of the proposed Mitigation Measures 15 through 19 (Draft EIR, p. 5-172). 25 R:~S P'd-larveston SPXCity Councilhq. ESO CC EIR Findings.doc 2. Findings· The following Mitigation Measures will be implemented to reduce potential )ublic services and utilities impact to a less than significant level: Fire / a. Prior to the issuance of building permits, developer of individual projects shall pdy the Development Impact Fee - Fire Protection Facilities Component per dwelling unit and per square foot of commercial spaces as adopted by the City of Temecula (Draft EIR, p. 5-176). b. Prior to issuance of building permits, the developer wil{ demonslrate that a structures on-site shall be constructed with fire retardant roofing material as described in section 3202 of the California building Code. All roof materials shall be a class "B" rating arid shall b~e approved by the Fire Department prior to installation (Draft EIR, p, 5-177). c. Prior to the issuance of building permits, the developer will demonstrate that all water mains and fire hydrants provide required for flows and shall be constructed in dccordance with the appropriate sections of the Temecula Municipal Code Ordinance No. g9-14 and No. 99-23, subject to approval by Temecula Fire Service during design review (D~aft EIR, p, 5-177). d. Prior to the issuance of building permits, the developer will demonstrate com, pliance with fire flow, street width, and design requirements as established by the City and County departments, as appropriate (Draft EIR, p, 5-177). Police ~ e. Prior to the approval of development plans, the developer shall incorporate the following crime prevention measures within the detailed design plans for each tract map submit{ed to the City for review. The City of Temecula, Crime Prevention Officer shall review detailed IplanS for proposed residential and commercial uses in order to insure incorporation on these measures (Draft EIR, p, 5-177): · On-site s~treet, walkways and bikeways shall be illuminated in order to enhance night time visibility; · Doors an~d windows shall be visible from the street and between buildings in order to d~scourage burglar es and potential suspect hiding places; ~eigh!s and materials utilized are intended to discourage climbing; ·-encing- .I;; t f' at'on s stem utilized on site shall be visible and readily apparent · 'l'he numbering ioen i c y - . ~n order to aid emergency response agencies in quickly finding specific locations; and · ~Na s along backbone streets will utilize graffiti resistant materials in their construction. In additioh shrubs vines and espaliers shall be planted along the outside of these walls in order to provide coverage thereby further discourag ng grafft and climbing. Schools. if. The project developer has entered into a Mitigation Agreement with the Temecula Valley Unified School District to insure the provision of adequate facilities at the t~me of prolect occupancy. The developer has been required to provide a school site and/or pay school fees pursuant to the agreement. (Draft EIR, p, 5-177)· R:~S p'xHarveston SP\City Counc~l~RESO CC EIR F~nd~ngs.do g. The conveyance of the elementary school site has occurred in accordance with District policies in effect at the time of development. The agreement regarding conveyance shall be provided to the City prior to the recordation of the tentative tract map for Phase I (Draft EIR, p. 5-177, 178). Parks and Recreation h. Prior to tentative map approval for individual planning areas, all recreational facilities shall be reviewed and approved by the Temecula Community Services Department (TCSD) and the Planning Department, to ensure that said facilities are in accordance with the City of Temecula standards (Draft EIR, p, 5-178). i. Prior to the approval of the final map for individual planning areas, the developer will dedicate land or contribute to the City's in lieu park fees in accordance with the City of Temecula Subdivision Ordinance (Draft EIR, p, 5-178). j. Prior to final map approval for individual planning areas, the developer will certify that ownership and maintenance of all open space/conservation areas will be the responsibility of a private entity and/or the Temecula Community Services Department, as determined by the Temecula Community Services Department (Draft EIR, p, 5-178). k. Prior to the issuance of building permits for Phase 2, specified in the Specific Plan, the 16.5-acre Community Park shall be completed per TCSD requirements and conveyed by grant deed to the City of Temecula (Draft EIR, p. 5-178). Library 1. Prior to the issuance of building permits, developer of individual projects shall pay the Development Impact Fee - Libraries Component (Draft EIR, p, 5-178). Public Transportation Impacts are addressed in Section 5.3 of the Draft EIR. Please refer to Mitigation Measures 6 through 8 in Transportation / Circulation Section of this Mitigation Monitoring Program (Draft EIR, p, 5-178). Water Because implementation of the project as proposed, including the Specific Plan master utility plans, standard conditions, and uniform codes, is not expected to produce any significant impacts on water, no mitigation measures are necessary (Draft EIR, p, 5-178). Sewer Because implementation of the project as proposed, including the Specific Plan master utility plans, standard conditions, and uniform codes, is not expected to produce any significant impacts on sewer, no mitigation measures are necessary (Draft EIR, p. 5-179). 27 R:~S P'd-larveston SP~City CounciruRESO CC EIR Findings.doc Storm Drainage/~ Flood Control Please refer to discussion of im Natural Gas Hydrology and Drainage Section of this Mitigation Monitoring Program for a :Jacts related to storm drainage (Draft EIR, p. 5-179). designated natL further energy conservation measures (Draft m. Prior to issuance of building permits, The Gas Company or al gas provider shall be consulted with during the building design phase for EIR, p. 5-179). Electricib~ n. Prior to issuance of building permits, Southern California Edison (SCE) shall be consulted with during the building design phase for further energy conservation measuras (Draft i::lR, p. 5-179). Solidvv_a_ste"' o Prior to the issuance of occupancy permits, the developers will inform--cLII refuselgenerators within the project site, in writing, about opportunities for recycling and waste reduction (i.e., buy-back centers, curbside recycling, etc.). The use of such facilities will be encouraged by the developer, through information (e.g., materials accepted, location, etc.) provided in ~ales literature (Draft EIR, p. 5-179). p. rior to the issuance of building permits, the developer will provide adequate areasI for collecting and loading recyclable materials (recycling areas) in the commercial and multi,family residential areas. This will help the City comply with the California Solid Waste Re{Jse and Recycling Access Act of 1991 (AB 1327). The developer will also demonstrate com~ pliance with established standards for design, siting, and operation of recycling areas and programs (Draft EIR, p. 5-179). q. All residential units within the Harveston Specific Plan shall padicipate in the City's three (3) bin recycling system for the collection of solid waste, recyclable, and green waste materials (Draft EIR, p. 5-179). processed at the EIR, p. 5-179). r. All multi-family, commercial, and industrial waters shall be material Recovery Facility in the City of Perris or similar recovery facility (Draft ~s. Proof shall be provided to TCSD that, construction debris, including but no limited to lumber, asphalt, concrete, sand, paper, metal, etc. shall be recycled (Draft EIR, p. 5-!79). 3J 'Supporting Explanation. All utility and public services improvements proposed as pa~ of ithe Harveston Specific Plan/EIR will meet applicable City of Temecula, County of Riverside, ,and uniform codes (i.e., plumbing, fire, building) including potable water and sewer p~pehnes, electrical cables and writing, and natural gas lines. The proposed ~mprovements w II go through City's development review process and construction inspection program to ensure proper compl ance with these standards and codes (Draft EIR, p. 5-176). 28 R:XS P~H~vcston SP\City C~uncil'~RESO CC EIR Findings.doc The proposed project will create increased demand for public services and utilities on a local and regional basis. After mitigation, potential project impacts are reduced to a less than significant level. Additionally, the project, in conjunction with other past, present and reasonably foreseeable future projects, will create an increased demand on fire, police, schools, parks and recreation, library, public transportation, water, sewer, storm drainage/flood control, natural gas, electricity, and solid waste services and facilities. Implementation of mitigation measures will reduce each incremental cumulative impact on the associated public services and/or utilities to a level less than significant (Draft EIR, p. 5-180). P. Cultural Resources 1. Potential Significant Impact. Pursuant to Section 15064.5 of the CEQA Guidelines, the proposed project would not result in substantial adverse change in the significance of a historic or archaeological resource; however, it may directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. According to the General Plan, the project site does not contain areas of sensitivity for archaeological resources, but it does contain areas considered to be high in sensitivity for paleontological resources. RMW Paleo Associates prepared a cultural resource study for the Specific Plan area, which consisted of a literature review and records search and a walkover survey (Initial Study, p. 7). 2. Findings. a. Inspection personnel will monitor onsite grading, including excavated soil stockpiles, especially in areas where Pauba or unnamed Sandstone formations are disturbed, for evidence of paleontological, archaeological, or historical artifacts (e.g., shells, fossils, bones, pottery, charcoal deposits, arrowheads, etc.). If any artifacts are discovered during grading, work will be halted and qualified personnel will be retained to examine, evaluate, and determine the most appropriate disposition of the resource(s) (Draft EIR, p. 8-21). 3. Supporting Explanation. According to the study, no archaeological sites were found on the project site. Although paleontological sites were not found on the site, according to the study, project implementation could expose fossils through grading and other development activities. Implementation of the above mitigation measure ensures that exposure of cultural resources during grading/construction does not occur (Initial Study, p. 7). Section 4. The City Council hereby finds that, despite the incorporation of mitigation measures outlined in the Draft EIR, the following impacts cannot be fully mitigated to a less than significant level, and a Statement of Overriding Considerations is therefore included herein: A. Air Quality (Short-term Construction Related and Long-term) 1. Potential Significant Impact. The proposed project will have a short-term impact on air quality from construction activities. The grading of the project site, the construction of the buildings, and construction worker trips will create temporary emissions of dust, fumes, equipment exhaust, and other air contaminants throughout the project construction period. Pollutant emissions can vary substantially from day to day, depending on the level of activity, the specific operations, and the prevailing weather (Draft EIR, p. 5-97). Additionally, the proposed project will result in short-term air quality impact by daily exceeding the threshold for NOx. It will also add emissions to a non-attainment air basin causing significant impact, which cannot be mitigated (Draft EIR, p. 2-12). 29 R:~S l:~Harveston SP',City Council'tRESO CC EIR Findings.doc The prc.posed p 'oject will also result in long-term air quality impact by daily exceeding the threshold for CC, NOx, PM~o and ROG. The proposed project will add emissions to a non- attainment mr basin, caus'ng s'gn'f'cant 'mpact (Draft EIR, p. 2-15). I tn The proposed project in conjunc io with other past, present, and reasonably foreseeable future projects will result in significantly cumulative long-term impacts to air quality (Draft EIR, 2-16). 2. Findings. Implementing the following mitigation measures will reduce long-term air qu~ lity impacts to the extent feasible: a. Prior to grading and construction, the developer shall be responsible for c )mpliance with the following (Draft EIR, p. 5-101 ): i. During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune, ii. After clearing, grading, earth moving, or excavation: 1) Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up be the wind. 2) Spread soil binders; and 3) Implement street sweeping as necessary. iii. During construction: 1 ) Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; 2) Wet down areas where vehicles move damp enough to prevent dust raised when leaving the site; 3) Use Iow sulfur fuel (.05% by weight) for construction equipment. iv. Discontinue construction during second stage smog alerts. respon..;ible for compliance minimize dally emlssiorls Prior to grading and construction, the developer shall be with the following (Draft EIR, p. 5-101,102): i. Require a phased schedule for construction activities to ii. Schedule activities to minimize the amount of exposed excavaled soil d Jring land after the end of work periods. iii. Treat unattended construction areas with water (disturbed lands which hav bee'n, or are expected to be unused for four or more consecutive days). iv. Require the planting of vegetative ground cover as soon as possible on con~ ;truction sites. v. Install vehicle wheel-washers before the roadway entrance at construction ites. 3O R:~S P~H~iweston SP~City C~uncil~RESO CC EIR Findings.doc vi. Wash off truck leaving sites. vii. Require all truck hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. viii. Use vegetative stabilization, whenever possible, to control soil erosion from storm water especially on super pads. ix. Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. x. Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards. xi. Use electricity from power poles rather than temporary diesel or gasoline power generators. c. Prior to grading and construction, the developer shall be responsible for the paving of all access aprons to the project site and the maintenance of the paving (Draft EIR, p. 5-102). d. Prior to issuance of grading permits, the developer shall be responsible for assuring that construction vehicles be equipped with proper emission control equipment to substantially reduce emissions (Draft EIR, p. 5-102). e. Prior to issuance of grading permits, the developer shall be responsible for the incorporation of measures to reduce construction related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate (Draft EIR, p. 5-102): i. Provision of rideshare incentives. ii. Provision of transit incentives for construction personnel. iii. Configuration of construction parking to minimize traffic interference. iv. Measures to minimize obstruction of through traffic lanes. v. Use of a flagman to guide traffic when deemed necessary. f. Prior to the building/construction operations, individual contractors will commit in writing to the following (Draft EIR, p. 5-102): i. Scheduling receipt of construction materials to non-peak travel periods (i.e., 7:30 - 8:30 AM and 4:00 - 6:00 PM); ii. Routing construction traffic through areas of least impact sensitivity; and 31 R:~S l:~larveston SP\City Council'&,ESO CC EIR Findings.doc periods. developers will commer~t regardi be incorporated staff will focus of EIR, p..";-102). iii. Limiting lane closures and detours to' off-peak travel g. Prior to the approval of tentative maps and/or development plans, ~bmit tract maps and/or street improvement plans to the RTA for review and 3g bus turnouts, shelter, etc. Transit-oriented facilities and design features will ~to the design of the project as appropriate, to the satisfaction of the City. City the review plans for commercial uses to provide transit related features (Draft h. Prior to the approval of a development plan, City staff will review plans, especially for commercial and park uses, for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities (Draft EIR, p. 5-103). i. Prior to the approval of a development plan, City staff will review plans for all service commercial uses to encourage the provision of park and ride facilities (Draft EIR, p. 5-103). j. Prior to the issuance of building permit, the developer shall provide proof to the City's Traffic Engineer that the project has contributed its fair-share towards reaional traffic in~provement systems (i.e., traffic impact fees) for the area. This shall include e~orts to s nchr(~ize itraffic lights on streets impacted by project development (Draft EIR, p. 5- Y 103). / k. Prior to the issuance of building permits, the developer shall provide proof that energy saving features will be installed in project homes as required by the California Buildin~g Code. Features may include: solar or Iow-emission water heaters, solar roof t es enerav effi(Jient app ances, dual paned windows, Iow-pressure sodium parking lights, etc. Addltionall'y' resi~dential products constructed by the home building division of Lennar shall incorpolate "Comfort Wise" energy-efficiency features (Draft E R, p. 5-103). 3. 'Supporting Explanahon. The proposed project is anticipated to exceed SCAQIVID's da y threshold emission levels for construction activities. Further, the addition of emissions to an air bas n designated as non-attainment is considered under CEQA to be a s gnifica.nt impact. Mitigation Measure I though 6 are proposed to reduce this impact (Draft EIR, p. 5-103). I nction The proposed prgject,i in conju with other past, present, and reasonably foreseeable future project, will result in a short-term air quality impact due to construction activities. The addition of emissions to an a r basin desi.g, nated as non-attainment is considered under CEQA to be a signfc~nt impac, t. The projects incremental contribution to this impact will be reduced by Mitigation Meas~ures 1 through 6. The project's incremental impact, after mitigation, remain significant (Draft EIR, ,p. 5-103). The City of Tem~cula requires all projects within its jurisdiction to conform with SCAQMD Rule 403.2 and othei appilicable SCAQMD regulations regarding gra~,ng a..nd...con, struc, t,.on.. T.,he SCAQMD Rule 403.2 includes standard conditions for construction acuw[~es [o m~n~m~ze [ne production of air poilu!ants including fugitive dust (Draft EI R, p. 5-101). The proposed p~roject is anticipated to exceed SCAQMD's daily threshold emission levels for CO, NOx, PM10 and ROC. The daily exceedance of the thresholds for CO, NOx, PM10 and ROC is a Iong-ierm air quality impact. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation 32 R:XS pXH~xveston SP\City C~uncilXRESO CC EIR Findings.doc Measure g and k are proposed to reduce this impact. This impact even with proposed mitigation cannot be reduced to a level less than significant (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measures g through k will reduce the proposed project's incremental contribution to this impact by reducing the proposed project's mobile and stationary source emissions. The project's incremental impact, after mitigation, remains significant (Draft EIR, p. 5-103). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant after mitigation (Draft EIR, p. 5-103). B. Cumulative Impact on Air Quality 1 Potential Significant Impact. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in a short-term air quality impact due to construction activities. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be an impact (Draft EIR, p. 5-100). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be an impact. The project's incremental impact cannot be reduced to a level less than significant (Draft EIR, p. 5-100). 2. Findings. The same mitigation measures identified in Section 4.1 above will help to slightly lessen the cumulative air quality impacts. Yet, no feasible mitigation measures exist which would reduce the cumulative impact of average daily pollutant emissions to a less than significant level. 3. The City of Temecula requires all projects within its jurisdiction to conform with SCAQMD Rule 403.2 and other applicable SCAQMD regulations regarding grading and construction. The SCAQMD Rule 403.2 includes standard conditions for construction activities to minimize the production of air pollutants including fugitive dust (Draft EIR, p. 5-101). The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for CO, NOx, PM10 and ROC. The daily exceedance of the thresholds for CO, NOx, PM10 and ROC is a long-term air quality impact. (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measures g through k will reduce the proposed project's incremental contribution to this impact by reducing the proposed project's mobile and stationary source emissions. The project's incremental impact, after mitigation, remains significant (Draft EIR, p. 5-103). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant after mitigation (Draft EIR, p. 5-103). 33 R:XS P~-larveston SP\City Council'~RESO CC EIR Findings.doc Section 5. AIl ;rnatives. The City Council hereby declares that it has considered the alternatives identified in the Draft EIR as described below. CEQA requires that an EIR evaluate a reasonable range ofi alternatives to a Project, or to the location of the Project, which: (1) offer substamial envirbnmental advantages over the Project proposal, and (2) may be feasibly accomplished inI a successful manner within a reasonable period of time considering the econom~[c, environmental, social and technological factors involved. An EIR must only evaluate reasonable alternabves to a Project which could feasibly attain most of the Project objectives, and evaluate th~ comparative merits of the alternatives. In all cases, the consideration of alternatives is to be jUdged against a "rule of reason." The lead agency is not required to choose llhe "env ionmenta y superior" alternative identified in an EIR if the alternative does not provide substantial advantages over the proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) ther(~ are social, economic, technological or other considerations which make the alternative infeasible The City's Gene?al Plan identifies goals and policies that are relevant to the Specific Plan and the City as a whole, Which are to provide for the orderly development of Temecula, in general, and also specifically for the Harveston site. A General Plan Consistency Analysis was prepared for the Harvestofi Specific Plan, as Appendix A of the Specific Plan. A copy of this analysis is also attached to this document as Exhibit B. A. La nd Use Alternative 1. Description. The "Business Park Land Use" alternative proposes 30-acre of Business Park within southern portion of Planning Area 12 which under the proposed project is designated as Service Commercial. Please note that the proposed alternative described herein would be ~esignated as "Business Park" in the City of Temecula General Plan and would be similar to the "Light Industrial" under the City of Temecula Development Code. The advantage of thi§ alternative is to create a better transition between the Service Commercial ·" Plan area within the Spec~h~c (remaining 82.4 acres of the proposed Service Commercial) and the existing adja~cent ;Business Park/Light Industrial uses to the south. Additionally, while creating a more compatible use with the existing surrounding uses to the south, the addition of this use diversit~ within the overall Specific Plan area. It introduces new uses within the Business Park designation which otherwise would not be permitted within the Harveston Specific Plan. D~pending on the final location of the interchange, the Business Park alternative may cOnstrain th~ ability to implement commercial uses south of Date Street. If the alternative Cherry Street ahgnment is selected, the exact business park area would be somewhat modified but would remainI roughly the same size (Final EIR, p. 6-2). This alternative is to be consistent with the Rate and Method of Apportionment adopted as part of Community Facility District 98- 01. 2. Finding. The Planning Commission finds that the environmental impacts for this alternative Would remain the same as the original proposed project, except for transportation/cirCulation impacts which are reduced from the proposed project. The reduction of traffic under th s alternative resulting in reduced transportation/circulation impacts would also be carried through to ~ir quality and noise impacts (Draft EIR, p. 6-2). 3. Supporting Explanation. This alternative is feasible. While it meets the City's objectives, it does not meet the developer's objective to maximize future potential property values. This alte~'natiVe does not require any additional land that wou d not be under the City or developer's ownership. This alternative reduces overall traffic by reducing total ADT by (6%). This reduction w6uld also create less long-term air quality and noise impacts compared to the original proposed land, use plan. It introduces better compatibility with the existing uses to the 34 R:~S l~Harveston SP\C~ty Co~ncil~.ESO CC EIR Findings.doc south and creates more diversity within the Specific Plan area. This alternative should remain under consideration (Draft EIR, p. 6-4). B. City-Wide Build-Out Circulation Alternatives 1. Description. As indicated in the April 1999, Notice of Preparation for this project and within Section 5.3 of this EIR, the City of Temecula's Circulation Element Update is currently in progress (Draft EIR, p. 6-5). The proposed Land Use Plan (Exhibit 4 in Section 3.0) identifies proposed land uses, as well as a proposed Circulation Plan that would accommodate the City's Citywide transportation needs. The Date Street Connection (as shown on Exhibit 4) is identified on the City's Existing Cimulation Element. As identified within Section 5.3 of this EIR, under the City's Ultimate Build-Out Traffic Scenario, significant cumulative build-out impacts (i.e., LOS D or greater) occur along several roadways in the project vicinity (refer to Exhibit 44). The following circulation alternatives were analyzed in the EIR (Draft EIR, p. 6-5). Alternative 1 - Cherry Street Interchange Alternative The current Draft Proposed Circulation Plan that refers to a Cherry Street Connection (Over- crossing / Intemhange Alternative) is consistent with the recently adopted Cimulation Plan roadway configuration within the City of Murrieta. The objectives of this alternative Circulation Plan were: 1) to conform to the General Plans for the Cities of Temecula and Murrieta, 2) to maintain the Cherry Street Connection and any associated improvements wholly within the Temecula City Limits, and 3) maintain an alignment, which is consistent with City Traffic Engineer Design Standards. Alternative 2 - Date Street Over-Crossing Alternative This roadway configuration alternative proposes a Date Street over-crossing, which has been incorporated into the build-out model network component. A build-out traffic analysis was pedormed for this alternative (Draft EIR, p. 6-8). Alternative 3 - Cherry Street Over-Crossing Alternative This roadway configuration alternative proposes a Cherry Street over-crossing, which has been incorporated into the build-out model network component. A build-out traffic analysis was periormed for this alternative (Draft EIR, p. 6-8). 2. Finding. The City Council finds that because the three (3) above described circulation alternatives would essentially include the same quantity of development (i.e., 1,921 dwelling units and + 112 acres of Service Commercial). The majority of environmental issue impacts associated with the circulation alternatives would essentially be similar to the impacts identified in the EIR (i.e., biology, geology, etc). Aside from the differences in the long-term City-wide traffic impacts, the Cherry Street Connection Circulation Alternatives would result in a slightly larger Arroyo Park (+ 1.5 acres) and the Cherry Street Interchange alternative would require the acquisition of additional property not currently under the developer's or City's ownership. Both the Date and Cherry Over Crossing Only Alternatives would result in greater long-term Citywide circulation impacts (Draft EIR, p. 6-8). Therefore, the City Council hereby adopts the Cherry Street Interchange Alternative. 3. Supporting Explanation. The above discussed circulation alternatives are feasible. The Cherry street Connection Alternatives would require land not currently under the City or developer ownership. The Draft Circulation Plan Alternative with a Cherry Street Interchange does reduce long-term Citywide circulation impacts over the existing adopted City's 35 R:~ P%larveston SP\City Council'~RESO CC EIR Findings.doc - - Circulation Elem .~nt. It should be noted that the Draft Circulation Plan Alternative with a Date Street Interchange would result in similar Citywide circulation improvements beyond the City's existing Circulatibn Element. Both the Date and Cherry Over-crossing Alternatives would result in greater Iong-te'rm Citywide circulation impacts (Draft EIR, p. 6-12). " ] k D A ternat yes (.,. Community Par esign ' 1. Description. The five (5) Community Park design alternatives were developed in response to suggestions / input from Temecula Community Services Department (TCSD) and thelCity of Temecula Planning Department, following their review of the original Conceptual Community Park Plan (Draft EIR, p. 6-14). I th Aside from the va, riation in e layout of park facilities (which do not change the impacts analysis results), the five (5) proposed park design alternatives incorporate the following modifications: 1 ) the realignment bf Equity Drive, and 2) the utilization of the 1.25-acre out parcel in Alternatives 1 through 4. The r~ational for these modifications are: 1) the Equity Drive realignment provides for greater buffer /Iseparati°n of the proposed park from the existing Winchester Highlands Business Park uses (ire., Channel Commercial), and 2) the utilization of the 1.25-acre excluded parcel allows forla more balanced park parcel configuration, which result i~ a greater efficiency of park facility layout. The discussion below summarizes each design alternative. It should be noted that the kffy difference between these alternatives for CEQA analysis purposes is the Equity drive interface and how the excluded-parcel issue is addressed (Draft EIR, p. 6-14). I - ' nt and Use of Excluded Parcel Alternative 1 - E~luity Drive Hea~ignme This alternative includes/all the TCSD required facilities. Although the ballfields meet the TCSD dimension cntena, there is some overlap in centerfield of the baseball / softball fields. This alternative requiies approximately 12 light poles for the athletic fields. (Draft EI R, p. 6-14). Alternative 2 - EIuity iDrive Realignment and Use of Excluded Parcel This alternative is a slight variation of the alternative I layout with the parking lot off Equity Drive shifting below tile picnic area. The snack facility was also moved in this alternative. This alternative includ, es all the required TCSD facilities; however, in an effort to reduce the ballfield overlap, the 2 softball!fields were reduced to 260' from 300'. The 2 baseball fields still remain at 300'. Additionally, 4 basketball courts (not a TCSD required facility) were provided in this plan. This alternative r;equires approximately 11 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 3 - Eiquity Drive Realignment and Use of Excluded Parcel This alt,~=rnative is a farther variation of the alternative 2 layout with the parking lot, picnic area, and snack facili~ ~ ' ' rema~mng in the same location as alternative 2. However, the ballfields are laid out in a different imanner with the diamonds side by side and the bleachers back to back. This configuration is the most efficient from a facility standpoint, and allows a direct path from the bleachers t(~ the snack facility. This alternative includes all the TCSD required facilities; however, in an ~ffort Ito reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. The 2 baseball fields still remain at 300'. Additionally, 4 basketball courts (not a TCSD required iacility) were provided in this plan. This alternative requires approximately 11 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 4 - Equity Drive Realignment, But No Use of the Excluded Parcel 36 R:'~S P~Ha~veston SP\City Cduncil~RESO CC EIR Findings.doc This alternative is a partial variation of the alternative 1 layout with the parking lots, picnic area, and tot lot/play area occurring in a similar location to that of alternative 1. The layout of the fields is however, modified from alternative I to be more efficient. The baseball / softball diamonds and bleachers are all back to back with the snack facility centrally located between the four fields. This alternative includes all the TCSD required facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. This alternative requires approximately 12 light poles for the athletic fields (Draft EI R, p. 6-15). Alternative 5 - Equity Drive Realignment, But No Use of the Excluded Parcel This alternative is a slight variation of alternative 3 with the exception that the parking lot at Equity Drive and a smaller picnic area is shifted to allow for the excluded parcel to remain. The basketball courts provided in alternative 3 are eliminated in this alternative. The ballfields area laid out in the same manner as alternative 3 with the diamonds side by side and the bleachers back to back. This configuration is the most efficient from a facility standpoint, and allows a direct path from the bleachers to the snack facility. This alternative requires approximately 11 poles from the athletic fields (Draft EIR, p. 6-15). 2. Finding. The Planning Commission finds that because all of the above described park alternatives are the same size (i.e., approximately 16.5 acres) and essentially occur in the same location as the original Community Park Plan, the environmental issue impacts associated with the park alternatives would essentially be similar to the impacts identified in the EIR. The following are the major differences and issues, which may affect the feasibility of the alternatives (Draft EIR, p. 6-20): The alternatives would require acquisition of additional property not currently under the developer's or City's ownership (alternatives 1 through 5 would require land for the Equity Drive realignment, and alternatives 1 through 4 would require excluded parcel acquisition). · The alternatives do provide a greater buffer between the Community Park and existing Channel Commercial. · The alternatives 1 through 4 do provide for a more efficient park parcel with a greater amount of useable area. 3. Supporting Explanation. These alternatives are typically feasible. They also meet the City and project developer objectives; however Alternatives 1-3 would require land not currently under City or developer ownership. Because Alternatives 1-3 require land not currently under City or developer ownership and could potentially impede the development of the Community Park, they are not the preferred alternatives and should be rejected from further consideration. All of these alternatives do not substantially reduce impacts associated with the original Plan, although they do provide for a greater buffer and more efficient park layouts. Alternatives 4 and 5 should remain under consideration (Draft EIR, p. 6-21). D. CEQA Alternatives 1. Descriptions> Alternative 1 - No Project / No Development 37 R:XS PXHarveston SP\City CounciBRESO CC EIR Findings.doc An evaluation o a "No Project/No Development" alternative is required' by CEQA Guidelines Section 15126(d)(2). Under this alte?native, the proposed project would not be implemented and the site would remain in its current undeveloped state (Draft EIR, p. 6-21). 2. IFinding. The Planning Commission find that the "No Development" Alternative fails to address many of the Goals identified in the City's General Plan. The No Project/No Development alternative would restrict development of the project site by not a owng: the con,struct~on of the uses proposed as a result of the Specific Plan· Land uses within the project area would remain as they are currently and no development identified in the spec~hc Plan would occur (Draft EIR, p.6-21). Based on the above rationale, it is determined that the proposed Harveston project would already be creating less impacts compared to the General Plan buildout assumptions. The City of Temecula has become more urbanized, potential sites appropriate for development of specilic plan projects have become more scarce. Currently, the proposed Harveston project site is one the I&st remaining pieces of undeveloped land proposed for a specific plan (Draft EIR, p. 6-24). 3. Supporting Explanation. The assumption that no development at all would occur within the project boundary is an unlikely outcome based on existing zoning and the existing General Plan Land Use designations. This alternative does not meet the Project developer's objeCtiveS such as provision of residential park/recreational and public/institutional 0.e., school) uses. Nor does ~t meet the C~tys objectives for the ste such as (Draft EIR, p. 6- 23): · , Provide a Variety of housing types and opportunities for all economic segments of the community; ,, DevelOp new residential housing, which is compatible with the character of existing individual neighborhoods and minimizes land use incompatibility; - th use ,, ~-ncourage. e of Specific Plans in the undeveloped areas of the community; and Ensure that a full range of public facilities and services are provided to meet the needi of th? community. · Provide a complete and integrated mix of residential, service commercial, recreation, public and Open space land uses. · Provide a land use pattern and intensity of development that encourages alternative mode~ of transportation, including transit, bicycling, and walking. !, · Ensur that right-of-way dedication is provided to meet the City's long-term circul~_tion goals and needs as identified in the Circulation Element of the General Plan. 38 R:~S P~Harveston SP\City Co~ncilhRESO CC EIR Findings.doc ! : It is, however, environmentally superior to the proposed project and remains under consideration (Draft EIR, p. 6-23). E. Other Alternatives Not Analyzed Alternative 2 - Development Under Existing General Plan/Zoning The Harveston project proposes 1,921 dwelling units, which is below the general plan buildout of 39,658 dwelling units. Additionally, the proposed number of vehicle trips from the Specific Plan is lower compared to the buildout of the General Plan. The site has a SP zoning designation and has been analyzed as a Specific Plan area under the General Plan EIR. The currently proposed Specific Plan has made minor changes to existing General Plan land use configurations by shifting certain uses around. The following lists the major differences in the Harveston Specific Plan (Draft EIR, p. 6-24): Location of the community park has changed from a more internal location to be moved adjacent to the service commemial (across and adjacent to Ynez Road) to provide more Citywide visibility of the park. · The currently proposed specific plan includes more open space and recreation facilities than depicted on the General Plan land use map for the site. A riparian habitat is proposed, as an Arroyo Park to preserve and enhance the US waters and Fish and Game streambed. The Arroyo Park contains an area of 13.8 acres and is located across Date Street, within Planning Areas 10 and 11. Development under existing General Plan/Zoning would not be an environmentally superior alternative because the environmental impacts would be more significant than the proposed project. No further analysis is warranted (Draft EIR, p. 6-24). Alternative 3 - Alternative Location This alternative considers locating the proposed project at a different site. This alternative is required by CEQA and is intended to evaluate the option of the development of the proposed project at another site. Pursuant to CEQA Guidelines, any alternative site evaluated herein must have similar characteristics as the project site including size, landform, and amenity opportunities. Development would include the same type of use, density, and intensity as the proposed project site (Draft EIR, p. 6-24). With regard to alternative locations for a Project, the CEQA Guidelines state that such analysis should be performed if "significant effects of the Project would be avoided or substantially lessened by putting the Project in another location" (Section 15126[d][5][B]). This EIR does not consider an alternative site for the following reasons: (a) Since the Project covers such a large area (549.5 acres), a similar site with existing infrastructure improvements, and one that is not already master planned for urban development, does not exist within the City of Temecula; and (b) Locating the same project at another site would not avoid or lessen the identified unavoidable significant (i.e., air quality) of the project; (c) the project proponent could not reasonably acquire an alternative site (Draft EIR, p. 6-24). 39 R:XS P~Harveston SP\City CouncirxRESO CC EIR Findings.doc Due to the fact alternative Iocati, 6~24). that the City does not have a comparable area within its jurisdiction, the )n would not be a viable option. No further analysis is warranted (Draft EIR, p. Section 6. Project Benefits and Statement of Overriding Considerations Pursuant to Statue CEQA Guidelines section 15093, the City Council must balance the benefits of the Specific Plan against any unavoidable environmental impacts in determining whether to recommend approval of the Harveston Specific Plan. If the benefits of the Specific Plan outweiglh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City Counc hereby f nds that the Draft EIR has identified and discussed significant effects that will occur as a result of the Specific Plan. With the implementation of the mitigation measures discus~sed in the Draft EIR and Specific Plan, these effects can be mitigated to a less than s~gn~flcant level except for the unavoidable significant impacts as discussed in Section 4 of these Findings. The Cib.! Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Specific Plan. The City Council finds that to the extent any mitigation measures recommended in the Draft EIR and/or Specific IPlan could not be incorporated, such mitigation measures are infeasible becausE; they wo~uld impose restrictions on the Specific Plan that would prohibit the realization of specific economic, social, and other benefits that this Planning Commission finds outweigh the unmitigated. The City Council declares that, having reduced the adverse significant environmental effects of the Specf c P an to the extent feasible by recommending adopting of the proposed mitigation measures, hawng considered the entire administrative record on the Specific Plan, and having weighed the behefits of the Specific Plan against its unavoidable adverse impacts after mitigation, the Pianning Commission has determined that the following social, economic, and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and rencler those potenbal adverse environmental impacts acceptable based upon the following overriding considerations: I.. T e SPecific Plan will allow the orderly, well planned development of the Harveston site, providing a range of housing types complementary to existing development in the City (Specific Plan, p. 3-1 & -5). 2. Thee Specific Plan introduces a "unified project design" with standards and requirements for architectural forward residential development (Specific Plan, p. 10-68). I 3. The SPecific Plan will provide for the development of a Village Center concept that centralizes activities, consistent with General Plan policy (Specific Plan, p. 3- 1)! ! 4. Thee Specific Plan will provide over 75 acres of active and passive recreational p~rk space (i.e., the lake as a central theme) (Specific Plan, p. 3-1, -6 & -7). The p~rk recreation and open space provided by the Specific Plan is in excess of twice ttqe open space uses provided for in the existing General Plan. I ~ 4.0 R:'xS P'~-lmweston SP\City Co~ncil~RESO CC EIR Findings.doc = The Specific Plan will integrate into the community an open space network comprised of parks, paseos, and connecting pedestrian/bicycle routes (Specific Plan, p. 3-6). The Specific Plan will include a 16.5-acre Community Park with four lighted 300' baseball/softball field with 2 full size soccer field overlays; 100 parking spaces within the park off Equity Drive; 25 parking spaces within the park off the Loop Road; large snack bar/restroom facility (1,800 square feet); small restroom adjacent to tot lot and picnic areas; and ball field and park lighting to be approved by the City. The Specific Plan will provide for the development of neighborhood and community commercial centers to provide needed services and reduce the number of cars traveling across the City for these services (Specific Plan, p. 3-5 & -6). The Specific Plan will provide housing to meet anticipated population growth throughout the Temecula Valley (Specific Plan, p. 3-1 & -5). The Specific Plan has provided for a new elementary school site prior to the construction of the first dwelling unit (Specific Plan, p. 3-6). 10. The Specific Plan will provide for the improvement of currently inadequate regional flood control facilities to provide 100-year storm protection (Specific Plan, p. 5-1). 11. The Specific Plan has provided in accordance with CFD 98-01 roadway improvements consistent with the General Plan Circulation Element and Specific Plan 3-7. 12. The Specific Plan accomplishes and implements the Temecula General Plan goals and policies (Specific Plan, p. 2-2 & 3-9). 13. During the life of the project, the Harveston Specific Plan will pay approximately 27 million in special tax pursuant to CFD 98-01 to finance the design and construction of public improvements currently serving the City in areas adjacent to the Harveston Specific Plan. 14. The proposed General Plan Land Use Designations allocated a total of 53.7 acres of open space compared to the existing General Plan Land Use Designations which allocated 25.4 acres of open space. The proposed general plan land use designations exceed the existing general plan land use designation of open space by 28.3 acres. The City Council finds that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the identified significant adverse environmental impacts of the Specific Plan which cannot be mitigated. The Planning Commission further finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the Draft EIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the Planning Commission to override these unavoidable environmental impacts. 4] R:~S P'~FIarveston SP\City Council\RESO CC EIR Findings.doc The Ci~t Council finds that it has reviewed and considered the Final EIR in evaluating the Specific Plan, that the, Final EIR is an accurate and objective statement that fully complies with the CEQA, StateliCEQA Guidelines and the City's local CEQA Guidelines and that the Final EIR reflects i!he indep~endent~ judgment of the Council. The City Counci hereby certifies the Environmental Impact Report based on the following findings and conclusions: A. Findings. The following significant environmental impacts have been identified in the Draft EIR and will ~equire mitigation as set forth in Section 4 of this Resolution but cannot be mitigated to a lev~el of insignificance: long-term and short-term project and cumulative air quality impacts. B. C( ,nclusions 1. All significant environmental impacts from implementation of the Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 above. 2. Other reasonable alternatives to the Specific Plan, which could feasibly achieve the bask objectives of the Specific Plan, have been considered and rejected in favor of the Specific Plan 3. Environmental, economic, social and other considerations and benefits derived from the Jevelopment of the Specific Plan override and make infeasible any alternatives to the Specific PIJ~n or further mitigation measures beyond those incorporated into the Specific Plan. I ' Section 7. Adoption of Recommendation for the Adoption of a Mitigation Monitoring and Report,rig Progrim The City Council hereby adopts the Mitigation Monitodn§ and Reporting Program in Section 8.0 of the Final El.~l and atlached to this Resolution as I=xhibit A. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and :reporting Program, the Mitigation Monitoring and Reporting Program shall control. Section 8. Location of Records !, The documents a d materials that constitute the record of proceedings on which these Findings have been based are iocated at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590.I The:custodian for these records is the City of Temecula Planning Director. This information is provided in compliance with Public Resources Code section 21081.6. Section 9. Effective Date - I~ h~ll'I ff t The Heso ution s a become eec ive upon its adoption. 42 R:XS PXHar~teston SP\City CouhcilXP. ESO CC EIR Findings.doc PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of 2001. ATI'EST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the th day of vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS None COUNCILMEMBERS: None COUNCILMEMBERS: None ,2001, by the following Susan W. Jones, CMC City Clerk 43 R:XS PXHarveston SP',City Council~RESO CC EIR Findings.doc ATTACHMENT NO. 2 PC RESOLUTION NO. 2001- FOR: SPECIFIC PLAN, GENERAL PLAN AMENDMENT, HARVESTON ZONING STANDARDS, AMENDMENT TO THE OFFICIAL ZONING MAP, DEVELOPMENT CODE AMENDMENT AND DEVELOPMENT AGREEMENT R:\S P~Har~eston SP~PC Docs\ PC STAFFRPT.doc 20 ATrACHMENT NO. 2 RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLLOWING: 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) THE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99- 0418); 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0245); AND 5) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 99-0418); 6) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON DEVELOPMENT AGREEMENT FOR THE SERVICE COMMERCIAL AND RESIDENTIAL PORTIONS OF THE SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0446); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910- 261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110- 021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911 - 630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180- 004, 911-180-008, 911-180-009, 911-180-015, 911-180-023, AND 911-180- 028. WHEREAS, Lennar Communities filed Planning Application Nos. PA00-0419 (General Plan Amendment), PA99-0418 (Specific Plan, Development Code Amendment, Harveston Zoning Standards), PA99-0245 (Change of Zone), and PA99-0446 (Development Agreement, (the "Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; A. WHEREAS, two parcels (one consisting of 1.25 acres and one consisting of 2.5 acres) located within the boundaries of the Specific Plan are not under the applicant's ownership. The City hereby finds it necessary to change the Land Use Designation of the two excluded parcels on the General Plan Land Use Map from Neighborhood Commercial (NC) to Low Medium (LM) residential to ensure the public health, safety and welfare of the City and to facilitate R:\S PXHarveston SPxPC Docs\RES-SP-GPA-DA-ZC.PC.doc future developm( it of these two parcels by removing the requirement for the preparation and approval of a sep~ ~rate Specific Plan. WHEREAS, the General Plan Land Use designation of the approximately 1.3 acre parcel north and west of Equity Drive and Ynez Road is being changed from SC (Service Commercial) to BP (Business Park) to be compatible with the proposed Specific Plan, the existing Business Park Land Us(; designation, the existing development to the south and east, and to accommodate the future alignment of Ynez Road; WHEREAS, the zoning of the two excluded parcels not owned by the applicant are being changed from SP iSpecific Plan) and shall be re-zoned to Low Medium Density Residential (LM) on the off ci ~1 zoninglmap .of the City. The City hereby finds it necessary to change the zoning and Land Us(; Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for the preparation ar{d approval of a separate Specific Plan; WHEREAS, the zoning of the approximately 1.3 acre parcel north and west of Equity Drive and Yne:: Road is being changed from SP (Specific Plan) on the official zoning map of the City and shall be re-zoned ~o LI (Light Industrial) to be compatible with the existing industrial developments to the south and east, to be compabble w~th the General Plan Land Use Map, and to accommodate the future alignment c~f Ynez Road; ] WHEREAS, the Temecula Municipal Code Section 17.16.070 shall be amended to add Specific Plan NoI. 13, the Harveston Specific Plan and adopting the zoning ordinance and development standards contained in the Harveston Specific Plan by Ordinance; WHEREAS, the Planning Commission considered the Application on June 20, 2001, at duly noticed public he'rings, as prescribed by law, at which time the City staff and interested persons had an oppo¢[unity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to the recommended conditions, togeth~er with the concurrent recommendation on the Harveston EIR and adoption of the M tigatio n Monitoring Program after finding that the project proposed in the Application conformed to the C~ty of Temecula General Plan; NOW, THEREEORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Inl all respects as set forth in the recitals hereinabove, which are hereby ncorporated by rifere~ce. . Section 2. Fir{dings. That the Planning Commission, in recommending approval of the Application, hereby makes the following findings: · I . i t The GeneraI Plan Amendment is necessary to conform to the current General Plan ,~menomen: General P~an land uses and development criteria set forth in the Harveston Specific Plan. Further, the General Plar{ Amendment serves to designate the Land Use for the excluded parcels in a manner more conducive to proper planning and future development. RAg pxHarveston SPXPC D~csXRES-SP43PA-DA-ZC.PC.doc 2 Specific Plan Findinqs B. The proposed Specific Plan is consistent with the General Plan, as it is proposed to be amended, and Development Code. The proposed Specific Plan is consistent with the goals and policies of the General Plan and Development Code. The Specific Plan is a reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the General Plan, as it is proposed to be amended, and Development Code. C. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project has been reviewed by agencies and staff, and is determined to be in conformance with the City's General Plan (as it is proposed to be amended), Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan is a master planned community with specific design · guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. D. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan land uses are consistent with the land uses of the General Plan and will serves as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which illustrates that the site is physically suitable for the land uses and development proposed in the Specific Plan. E. The proposed project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The proposed Service Commercial land is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Development Aqreement Findinqs A. The City desires to obtain the binding agreement of the Applicant for the development of the property in accordance with the provisions of this Agreement. B. The Applicant desires to obtain the binding agreement of the City to permit the Developer to develop the Developer's Project on the Developer's Parcels in accordance with the "Applicable Rules" (as hereinafter defined) and this Agreement. C. The Applicant has applied to the City in accordance with applicable procedures for approval of these mutually binding Agreements. The Planning Commission of the City has given notice of its intention to recommend the Agreement to the City Council, and has found that the provisions of this Agreement are consistent with the Specific Plan and the City's General Plan, as amended. R:\S P~Harveston SP~PC Docs~RES-SP43PA-DA-ZC.PC.doc D. Th .=se Agreements are consistent with the public health, safety,and welfare needs °f the residents of t le City and the surrounding region. The City has specifically considered and approved the impact and benefits of the development of the Property in accordance with these Agreements upon the Welfare of the region. . E. These Agreements will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in the Agreement and under State law, the future exercise of the Ci~'s ability to delay, postpone, preclude or regulate development on the Property, except a provided for herein. I ' th F. In accordance wi the Development Agreement Statutes, this Agreement eliminates uncertainty in theI planning process and provides for the orderly development of the Property. Further, this Agreement eliminates uncertainty about the validity of exactions imposed by the City, allows installation icl necessary improvements, provides for public services necessary for the region with incidental benefits for the Property, and generally serves the public interest within the City of Temecula and the surrounding region. Section 3J Environmental Compliance. This Planning Commission has reviewed the draft EIR and Mfl~gat~on Momtonng Program and recommend that the City Council approve and certify the same. Section 4. Recommendation to the City Council. The City of Temecula Planning Commission hereby recommends that the City Council approve the following: 1. Resolution approving the General Plan Amendment and Specific Plan contained in Exhibit A, subjec! to the conditions contained in Exhibit A-l, A-2 and A-3 attached hereto and incorporated herein by this reference; 2. Ad'opt an Ordinance amending the Development Code and adopting the zoning standards and as ~contained in Exhibit B attached hereto and incorporated herein by this reference; 3. Ad'opt an Ordinance amending the Official Zoning Map of the City of Temecula as contained in Exhibit C substantially in the form contained in Exhibit 6-1 attached hereto and incorporated her~in by this reference; and 4. Ad,opt an Ordinance authorizing the Harveston Development Agreement as contained in Exhibit D attached hereto and incorporated herein by this reference. All substantially in the forms contained in the above referenced Exhibits for the property located east of Interstate 15, nprth Of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit substantially in form contained in Exhibit A-3, subject to the recommendations set forth in Exhibit A-1 (Conditions of Approval for the Harveston Specific Plan). .;ection 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this ~0th day of June 2001. Ron Guerriero, Chairman ATTES'I': R:\S P~Harw'.ston SPxPC Docs\RES-SP-GPA-DA-ZC.PC,doc Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01 - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of June, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\S I~Harveston SPxPC DOCs~RES-SP-GPA-DA-ZC.PC.doc 5 EXHIBIT A (For Attachment No. 2) CITY COUNCIL RESOLUTION FOR THE GENERAL PLAN AMENDMENT AND SPECIFIC PLAN R:\S P\Harveston SP'~C Docs\ PC STAFFRPT.doc 21 EXHIBIT A (For Attachment No. 2) RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA00-0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AND THE · two EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN AND ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99- 0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910- 110-013, 910-110-015, 910-110-020, 910-110-021,910-11 0-027, 910-110- 076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911- 640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180- 009, 911-180-015, 911-180-023 AND 911-180-028, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THIS RESOLUTION. WHEREAS, Lennar Communities filed Planning Application Nos. PA00-0419 and PA99- 0418 (the "Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered the Application on June 20, 2001, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on ,2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report, made ail required findings and determinations relative thereto and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. That the City Council, in approving the Application, hereby makes the following findings as required in Chapter 17.16 of the Temecula Municipal Code: R:\S PXHarveston SPXCity CouncihRESO CC GPA.doc General Plan Amendment. A. The project as proposed and conditioned is compatible with the health, safety and wE,Ifare of the community. The project has been reviewed by agencies and staff and determined to b,e in conformance with the City's General Plan, Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that p~otect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located ~vithin the Specific Plan shall hereby be rezoned from SP (Specific Plan overlay district) to LM (L(Jw Medium Density Residential) to be compatible with the surrounding land uses of the Harceston Specific Plan The General Plan Land use designation of these two parcels w be changecl from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). The City hereby finds it necessary to change the zoning and Land Use Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future develol:,ment of these two parcels by removing the requirement for a separate Specific Plan. B. Tl~e project is compatible with surrounding land uses. The project proposes similar residen'Iial neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway!imprOvements. The limited neighborhood commercial development is proposed within ~ Village ~lCenter and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. I ' d ffect on the commun ~ because ~t C. T~e pr0poseo project wilt not have an a verse e '~y ' remains; consiste~nt with the goals and policies of the adopted General Plan. The project does not represent a significant;change to the planned land uses for the site. The General Plan Amendment is a relocation an~d reallocation of existing land use designations that conforms to the design of the specific plan. ;Specific Plan I , A. Tl~e proposed specific plan is consistent with the General Plan, as it is proposed to be amended, and development code. The proposed Specific Plan is consistent with the goals and policies of the general plan and development code. The Specific Plan is a reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for '~he Gene~ral Plan. Therefore, as proposed, the Specific Plan is consistent with the general plan, as, it is proiosed to be amended, and development code. ..] B. T~e proposed Specific Plan would not be detrimental to the public interest, health, safety, convenie~nce or welfare of the city. The project has been reviewed by agencies and staff, and is determine~d to be in conformance with the City's General Plan (as it is proposed to be amended), Deve!opment Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In ~dditiOn, the Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms ol density,I design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is ~ompatible with the health, safety and welfare of the community. ~.~. The subject property is physically suitable for the requested land use designations and the anticipafed land use developments. There are no physical constraints of the site which would preclude ~3r prOhibit the requested land use designations or anticipated developments. Moreover, the pr~oposed Specific Plan land uses are consistent with the land uses of the General Plan and will se~es as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which indicate that the site R:\S PkHar,teston SPXCit Council\RESO CC GPA.doc 2 is physically suitable for the land uses and development proposed in the Specific Plan. D. The proposed project shall ensure development of desirable'character which will be compatible with existing and proposed development in the surrounding neighborhood. The project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The proposed Service Commercial land is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Section 3. Environmental Compliance. The City Council of the City of Temecula has certified the Final Environmental Impact Report, made all required findings and determinations relative thereto and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan, as amended, for the Harveston Specific Plan in order to approve the Application. Section 4. General Plan Amendment. The City Council of the City of Temecula hereby approves the Application changing the General Plan Land Use Designations on 550 acres on property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Parcel Nos. 910-261, -001,910-261-002, 910- 110-013, 910ol 10-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910- 100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911- 630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-160-004, 911-180-008, 911- 180-009, 911-180-015, 911-180-023 and 911-180-028. Section 5. Specific Plan. The City Council of the City of Temecula hereby approves mixed use specific plan known as the Harveston Specific Plan (SP No. 13), on property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Parcel Nos. 910-261, -001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 and 911-180-028 subject to that attached Conditions of Approval. R:\S P~-larveston SPxCity CouncilXRESO CC GPA.doc 3 !Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Department this ~th day of June 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIV~ERSIDE ) ss CITY OF: TEMEC,ULA ) I, Susan W. JoneS, cMc, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001 -___ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held op the day of 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: R:\S P~Harveston SPXCity CounciF, RESO CC GPA.doc 4 Susan W. Jones, CMC/AAE City Clerk EXHIBIT A-I CONDITIONS OF APPROVAL FOR THE HARVESTON SPECIFIC PLAN R:\S P~Harveston SP~PC Docs~ PC STAFFRPT.doc 22 EXHIBIT Aol CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0418 (Specific Plan)- Harveston Specific Plan No. 13 Project Description: A Specific Plan consisting of approximately 550 acres that proposes 1,921 residential units with a variety of residential product types and lot sizes; a 12 acre elementary school site; a 7 acre lake with a 6.9 acre lake park; a 16.5 acre community park; a 13.8 acre arroyo open space park; a Mixed-Use Overlay zone (Village Green) which may be as large as 13 acres; and 112.5 acres of Service Commercial land adjacent to Interstate 15. Assessor's Parcel Nos. 910-261-001, 910-261-002, 910-110-013, 910-110-015, 910-110- 020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910- 100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001, 911-630-002, 911-630-003, 911-640-001, 911-640- 002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911- 180-009, 911-180-015, 911-180-023 AND 911-180-028. Approval Date: June 20, 2001 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department- Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Nine Hundred Twenty-Eight Dollars ($928.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. If within said forty-eight (48) hour period the Applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements The permittee/applicant shall indemnify, defend with counsel of City's own election, and hold harmless, the City and any' agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but net by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. R:\S P\Harveston SP\PC Docs\COA-SP.doc The City si tall eStimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refun~l without interest, any unused portions of the deposit once the litigation is finally concluded! Should the City fail to either promptly notify or cooperate fu y, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, a~ny agency or instrumentality thereof, or any of its officers, employees, or agents. R:\S P\Harveston SP\PC Docs\COA-SP.doc All develo~Pment within this site shall be in accordance with the requirements of all City ordinances except as expressly modified herein or by development agreement, and State la;ws, and ~shall conform with the approved Specific Plan. Regulat ons or procedures not covered by the Specific Plan or appurtenant documents shall be subject to the City ordinance~ in effect at the time entitlement is required. Approval o~f this Specific Plan is contingent upon and shall not become effective nor shall it vest until ~ General Plan Amendment (GPA) and Zone Change are approved by the City C ou ncil, a~d an Environmental Impact Report (EIR) or any other environmental review under the provisions of the California Environmental Quality Act (CEQA) are certified by the City Council. N[oth ng nlthis approval, as memorialized in this Resolution, shall require or be interpreted tO require the City of Temecula to fund or cause to be funded the development of any facil t es or ~mprovements, including but not limited to infrastructure improvements, which are necessa~ or convenient to cause, allow or further the development of the subject Specific Plan, excerpt as may be expressly agreed to by the City of Temecula." Notwithstanding~ any of the conditions contained he;'ein, the Developer and the City may enter into ~ development agreement, pursuant to Government Code Section 65864 through 65869.5 ~r other agreement(s) requiring the Developer to: 1) advance the funding or construct on of pubhc improvements; 2) redefine the scope of any public improvement; 3) acquire o~ fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the cond~bons contained herein, Developer may seek an agreement for reimbursement for any ~mprovements or facilities that qualify for reimbursement at such time as the City of 'i'emeculal adoPts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include a~ ~y or all of the terms set forth immediately above. Once the Project Study Report (PSR) conducted by Caltrans is completed, the road ~lignmen' s affecting the individual planning areas (i.e. Ynez Road and Cherry/Date Street) may be altered or modified to implement the PSR. The alternation or modification of the roads willlnot require a Specific Plan Amendment; however, all applicable text, sections, figures and exhibits in the Specific Plan shall be modified to reflect the actual roadway alignments as determined ~n the PSR subject to the approval of the Director of Planning and [ ubhc Works D~rector. Within th?rty (30) days of approval of the Specific Plan, the applicant shall submit a final co,p,y reflecting lull th~ changes necessary to make the document consistent with City Council s final actiop. The final Specific Plan shall be reviewed for consistency and approved by the Planning ~irec!or. The applicant shall comply with all applicable mitigation measures contained in the adopted City of Te~mecUla General Plan and the Harveston Environmental Impact Report. 10. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future project noise-sensitive uses potentially exposed to noise levels in excess of 60 dB CNEL to verify that planned noise protection will meet City of Temecula standards. A. Exterior recreational areas shall be protected to achieve noise levels of less than 65 dB CNEL. B. Interior living areas shall be protected to achieve noise levels of less than 45 dB CNEL. Substantial perimeter walls separating rear yards from the roadway right-of-way along Date Street area are anticipated to be necessary. Precise wall geometrics shall be determined once exact setbacks and building pad grades are established. Moderately upgrading window treatments shall be necessary along Date Street in upstairs bedrooms closest to the roadway. Minor acoustical upgrades shall be needed along Margarita or Ynez beyond simply closing windows to shut out roadway noise. The building code requires that supplemental fresh air ventilation be provided in rooms where window closure for traffic noise protection is necessary. ^ detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filed with the appropriate agency. 11. During staff review of any tentative map, an updated geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations. 12. On residential streets that generate less than 250 vehicular trips, the road (curb to curb) shall be thirty-six feet (36') with a parkway separating the sidewalk from the curb. 13. During the development plan review, major employer (more than 250 employees) who locate their businesses within the project shall prepare Transportation Demand Management (TDM) plans in accordance with the Riverside County Transportation CommissiorCNestern Riverside Council of Governments (RCCTC/VVRCOG) guidelines. 14. Prior to the approval of a development plan or tentative map for individual planning areas, the developer and City staff will review plans, especially for multi-family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities. 15. Prior to the approval of a development plan, City staff will review plans, especially for commercial and park uses, for the provision of appropriate, necessary and adequate pedestrian and bicycle facilities. 16. '17. Prior to the approval of a development plan, City staff will review plans, for all service commercial uses and shall encourage the provision of park and ride facilities. Prior to approval of any development projects, appropriate clearances, conditions and approvals from all agencies with jurisdiction on project review shall be obtained by the developer. These agencies shall be determined by the Director of Planning and the City Engineer. 18. The developer or the developer's successor-in-interest shall be .responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. R:\S P~Harveston SP\PC Docs\COA-SP,doc 3 19. Prior to approval of any development projects, the developer shall investigate the feasibility o~I a reclaimed water system, to irrigate landscaping within the roadway medians, parkways, drainage c'~hannel, schools, the community park, the paseo park, neighborhood parks, and other common open space areas. The developer shall provide evidence that compliance w~th th~s condition is in accordance with Senate Bill 2095. 20. The Mastelr Developer shall provide the prospective home buyers a notice that the 16.5-acre community park will include sports field lighting for evening use. Proof of this notification shall be prbvided to the Planning Department and included in the Master Covenants, Codes and Flestri~tions (CC&R's) prior to the recordation of the first Final Map. 21. All lighting shall be reviewed by the City to assure compliance with the Ordinance No. 655. 22. The lake p~ark, but not the surface of the lake, shall be open to the public. 23. The appro~val granted by this Resolution shall become effective upon the Effective Date of tf e Development Agreement as the term Effective Date is defined in the Development ,~.greemer{t adopted concurrently with this Resolution. In addition to the foregoing, in the event a D~velopment Agreement is entered into that supercedes or alters these conditions of approval and the applicant causes a default or terminates by conduct the Development Agreemer{t, then the City shall immediately consider the revocation of the approval granted by th~s Resolution. Prior to the Issuance of Grading Permits I ' I w~th the rowsions of Cha ter 8 24 of the Temecula Mun cipal 24. ']':he appliqant snail compy ' p ' P · , ~ Code (Habitat Conservation) by paying the appropriate fee set forth in that oroinance or Dy providing ~ocumented evidence that the fees have already been paid. 25. The devel?perj Shall provide a Water Quality Management Plan showing conformance to all NPDES requirements (enacted by the Environmental Protection Agency (EPA) and Regional Water Qu~ality Control Board, San Diego Region) for review and approval by the City Engineer. 26. The developer shall provide proof to the Department of Public Works and Planning that the o. ondition~ the 404 and 1603 permits pertaining to the Arroyo Park restoration have been bonded four and shall be implemented consistent with the timing requirements of the permits. 27. The applicant shall sign both copies of the final conditions of approval that will be provided by the Co~nmunity Development Department - Planning Division staff, and return one signed set to the Planning Department for their files. I of Buildin Permits Prior to the ssuance g The developer shall provide proof to the City's Traffic Engineer that the project has 28. contributed its fair-share towards regional traffic improvement systems (i.e., traffic impact · fees) for the area through a Development Agreement or other agreement. This shall include efforts to ~ynchronize traffic lights on streets impacted by project development. 29. Prior to the approval of a development plan or tentative map, staff shall forward the proposed application to the Riverside County Transit Agency (RTA) for review and comment regarding bus iurnouts, she ters, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City and RTA. ~ R:\S P\Harveston SP\PC Docs\COA-SP.doc 30. The developer shall provide proof that energy saving features will be installed in project homes as required by the California Building Code. Features may include: solar or Iow- emission water heaters, solar roof tiles, energy efficient appliances, dual parted windows, Iow pressure sodium parking lights, etc. Additionally, residential products constructed by the home building division of Lennar shall incorporate "Comfort Wise" energy-efficiency features. 31. Landscaping design and water conservation devices that conform to the California Model Water Conservation Ordinance shall be required, such as Iow flow toilets, faucets and showerheads, shade tree selection and placement. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and may require revision. GENERAL CONDITIONS 32. All utility systems such as electric, including those which provide direct service to the project site and/or currently exist along public rights-of-ways adjacent to the site (except electrical lines rated 33 kv or greater), gas, telephone, water, sewer, and cable TV shall be placed underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. 33. Prior to the issuance of any grading permit, as deemed necessary by the Department of Public Works, the Developer shall consult with the State of California Department of Fish and Game, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service to determine if permits or approvals are necessary from such agencies for any action contemplated by this proposal. Such consultation shall be in writing, and copies of said correspondence, including responses from agencies, shall be submitted to the City. Where appropriate, the terms, conditions, and recommendations of the noted agencies shall be incorporated as Conditions of Approval into the areas of development. 34. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved bythe Department of Public Works. 35. Landscaping and permanent irrigation facilities shall be installed with all street improvements on and off-site grading. Perimeter walls, where required, shall be treated with graffiti- resistant coating and shall be installed adjacent to street improvements within each phase. 36. A phasing plan addressing the schedule of necessary infrastructure requirements shall be approved by the Department of Public Works and the Planning Director prior to approval of any subsequent application. 37. The Developer shall pay to the City the Public Facilities Development impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06, unless otherwise provided for by a written agreement between the City and the Developer. 38. The Developer shall make a good faith effort to acquire the required real property interests necessary to carry out these conditions, and if he or she should fail to do so, the Developer R:\S P\Harveston SP\PC Docs\COA-SP.doc 5 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. ,~;uch agreement shall provide for payment by the Developer of all costs incurred by the City to acquire ihe real property interests required in connection with the subdivision. Security of a portion 0f these costs shall be in the form of a cash deposit in the amount given in an appraisal ieport obtained by the Developer, at the Developer's cost. The appraiser shall hlave been approved by the City prior to commencement of the appraisal. CIRCULATION 39. Prior to Final Map recordation, the Developer is responsible to bond for or construct the trafhc s~gnals at the project's accesses, as required, including the associated street mnprovem~nts, based on traffic signal warrants analysis relative to subsequent tentative maps and~or development applications. 40. Adequate primary and secondary access shall be provided for each phase of development as approvbd by the Department of Public Works. Access to office and commercial areas shall be r~viewed by the Department of Public Works at the time of submittal of individual tentative n~aps and/or development applications. Additional rights-of-way at entries to the aforementioned sites may be required to provide for turning lanes as directed by the Department of Public Works. 41. 42. 43. The exact the Depa approvals location and number of access points shall be subject to review and approval by tment of Public Works upon future tentative map and/or development plan .~,11 street .' ections shall correspond with Typical Roadway Cross Sections and requirements of the C~rculat~on Element of City's General Plan, City ordinances and standards or as approved w~th the Harveston Specific Plan. It· ,~JI intersec ~on intervals shall comply with City standards and requirements. 44. 45. The Deve!oper shall provide bus bays and shelters within the Specific Plan. Location and r~umber of bus Ibays shall be subject to approval of the City and Riverside Transportation /~gency (I~TA). Additional rights-of-way dedications associated with bus bays shall be provided b~y the Developer. I'Jecessaryl'improvements have been/will be conditioned based on the project traffic studies ~nd the c(~nceptual phasing plan shown on Section 12 of the Specific Plan. Any substantive rephas ng~ of the development must be approved by the Planning and Public Works Director through al rephasing application. Prior to the issuance of occupancy permits within any ~ hase, a Ion and offsite improvements as referred to in the Traffic Reports and subsequent addenda alongiwith additional requirements set herein, or as set by conditions on nd v dual tracts, mu~st belconstructed and/or bonded as required by the Department of Public Works. 46. Ensuing .Traffic Reports, analyzing traffic impacts associated with subsequent development stages of the Specific Plan shall be submitted to identify implementation and timing of the necessadj impiovements to mitigate cumulative traffic impacts. TRAFFIC MITIGATION MONITORING PROGRAM 47. The Traffic~ Miti'gation Monitoring Program proposes that a traffic study be approved prior to the ~ssuance of hrst occupancy permit in each additional phases of the development. The R:\S P~-~arveston SP\PC Cocs\COA-SP.doc ~ 6 intent of the Traffic Mitigation Monitoring Program is not to re-define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of the improvements. The traffic study would: 1 ) document ambient traffic volumes conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide primary access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the traffic study is to be performed). The traffic study findings would assist the City in proactively planning for area roadway improvements. DRAINAGE 48. Drainage and flood control facilities shall be provided in accordance with the requirements of the City and/or Riverside County Flood Control and Water Conservation District (RCFC&WCD). 49. Prior to approval of any subsequent development applications, the Developer shall submit the master drainage plan to the City and RCFC&WCD to review the adequacy of the proposed and existing downstream drainage facilities. 50. Drainage facilities within each phase shall be constructed immediately after the completion of the site grading and prior to or concurrently with the initial site development within that phase. 51. All drainage facilities shall be designed to convey 100-year storm flows, subject to the approval of the Department of Public Works and RCFC&WCD, as applicable. 52. The Developer shall construct the proposed on and offsite drainage facility improvements and the interim detention basin provision as recommended in the Specific Plan and Drainage Study documents and/or as directed by the Department of Public Works and RCFC&WCD, as applicable. 53. As required by the Department of Public Works, additional Hydrology and Hydraulic Reports shall be submitted with subsequent tentative maps and/or development applications to study the drainage impacts and analyze necessary measures to mitigate the runoff created as part of the development of this project. 54. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. 55. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing drainage easements. WATER AND SEWER 56. Water and sewer facilities shall be installed in accordance with the requirements and specifications of the City, Rancho California Water District (RCWD), and Eastern Municipal R:\S P\Harveston SP\PC Docs\COA-SP.doc 7 Water Dis1 rict (EMWD). Such requirements shall be applied at the subdivision or plot plan stages of the development. 57. Prior to th; approval of subsequent development applications, the Developer shall submit the master wate~ plan to RCWD to check for adequacy of the proposed water facilities. The Developer shall.obtain written approval for the water system from RCWD. 58. Prior to the approval of subsequent development applications, the Developer shall submit the maste~ sewer plan to EMWD to check for adequacy of the proposed sewer facilities. The Developer GRADING 59. No gradin! shall obtain written approval for the sewer system from EMWD. shall be permitted for any development area prior to tentative map or plot plan 60. 61. 62. 63. 64. 65. 66. R:\S P~Harveston SP\PC Docs\COA-SP.cioc approval a'nd issuance of grading permits for the specific area of development. I ' t'ons shall be in accordance with the Uniform Building Code City Grading plans ano opera ~ , Grading Standards, the recommendations contained in the Geotechnical Report, or any s~bseaue~t reports prepared for the project, the conditions of the grading permit, and a=ce t~d 'radi~g construction practices and the recommendat OhS and standards specified . p g in the Spebific Plan and Environmental Impact Report (EIR) document. Prior to ~ssuance of any grading permit, erosion control plans shall be prepared in conformar~ce w th applicable City Standards and sub ect to approval by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements. The Developer shall comply with the requirements of the National Pollutant Discharge Elim natioh System (N PDES) permit regulated by the State Water Resources Control Board, and the S~orm Water Pollution Prevention Plan (SWPPP) implemented by the San D ego Regional Water Quality Control Board. , I ' ' tion for a hase of develo-ment shall include a conceptual grading E ach SUDs~equem app ca p P plan to indicate at a minimum: a) Prelim'inary'quantity estimates for grading. Techniques and methods which will be used to prevent erosion and sedimentation b) durin, g~, and after the grading process in compliance with the City Standards and NPDES requirements. ¢:) Prelimlinaryl pad and roadway elevations. ¢1) Designation of the borrow or stockpile site location for import/export material. e) Approximate time frames for development including the identification of areas which will/ be graded during the ra'ny months. f) Hydr¢logy and hydraulic concerns and mitigations. Major gra :ling Activities shall be scheduled during the dry season wherever possible, or as otherwise approved by the Department of Public Works. Soils stat ilization, which may include revegetation of graded areas, shall occur within 30 (Jays of comp e,t~on of grad ng actlwt~es as directed by the Department of Public Works. -rhe site ;hall be watered during grading operations to control dust. 67. Temporary drainage and sediment control devices shall be installed as directed by the Department of Public Works. 68. An import/export route shall be submitted to the Department of Public Works prior to issuance of any grading permit. The plan shall include limitation to the duration of the grading operation and construction activities, a Traffic Control Plan, and a daily time schedule of operations. 69. Prior to issuance of any grading permit, a soils reports shall be submitted to the Department of Public Works for review and approval, to address engineering, geologic, seismic, and soils engineering concerns for each tentative map or commemial parcel map for each phase of proposed development. 70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 71. Ail public streets shall be maintained and cleaned if necessary on a daily basis during grading operation and construction activities. Cash deposit, letter of credit or posting of bond to guarantee maintenance of all public rights-of-way affected by the grading operations and construction activities, shall be posted prior to issuance of grading permits. 72. If subsequent Geotechnical and Soils Reports determine that dewatering of the site is necessary during construction, necessary permits (ie. in compliance with NPDES permit) shall be obtained from appropriate agencies prior to approval of the grading plans. PHASING 73. Construction of the development permitted by the Specific Plan, including recordation of final subdivision maps, may be carried out in stages provided that, adequate vehicular access is constructed for all dwelling units in each stage of development and further provided that such development conforms substantially with the intent and purpose of the Specific Plan Phasing Plan. 74. Development applications shall be submitted for each planning unit in each phase. Total acreage and land uses within each phase shall be substantially in accordance with the specifications of the Specific Plan. 75. The Developer shall be permitted to seek a reimbursement agreement for qualifying facilities and improvements, as the same are authorized in Condition 6 of the Resolution. The City and the Developer shall proceed in good faith to allocate appropriate reimbursements to the Developer pursuant to the City's then enfomeable ordinance applicable to such reimbursement. 76. PHASE 1 a. CIRCULATION The following improvements shall be completed as part of Phase 1 and prior to 1st building permit in Phase 2. i. improve Date Street from Margarita Road to the Major Entry at Date Street (Urban Arterial Highway Standards - 134' R/VV) to include dedication of half- R:\S P\Harveston SP\PC Docs\COA-SP.doc 9 ii. iii. iv, ii. iii. iv. width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median Improve the Major Entry at Date Street from Date Street to Loop Road (Modified Major Highway Standards - 100' RNV) to include dedication of full- width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median Improve the Loop Road from Major Entry at Date Street to School Site Modified Collector Road Standards - 66' RAN) to include dedication of full- width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) Improve northbound Margarita Road from Santa Gertrudis Creek to the Southerly boundary of Tract Map No. 21340 (Arterial Highway Standards - 110' RA, V) to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. CIRCULATION The following improvements shall be completed prior to the first occupancy permit in Pt~ase I i. improve the Loop Road from the Major Entry at Margarita Road to the westerly boundary of Planning Area 5 ( Modified Collector Road Standards - 66' R,~N) to include dedication of full-width right-of-way, installation of full- Width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) i. Provide an Eastbound Free Right Turn Lane from the Loop Road onto the Major Entry at Margarita Road Ilmprove Southbound Margarita Road from Santa Gertrudis Creek to Date Street (Arterial Highway Standards - 110' R/VV) to include dedication of half- width street right-of-way, installation of half-width street improvements, ipaving, curb and gutter, sidewalk, street lights, drainage facilities, signing ~and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. Improve the Major Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 106' R/W) to include 'dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage :facilities, signing and striping, utilities (including but not limited to water and sewer), and a 20 foot wide raised landscaped median .Improve the Minor Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 82' R/VV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage ; facilities, signing and striping, utilities (including but not limited to water and R:\S P~Hacveston SPI'C Docs\coA-SP.doc 10 sewer) v, Improve the Village Center Road from the Loop Road to the Major Entry at Margarita Road (Modified Street Section per the Specific Plan - 63' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) The following improvements shall be completed prior to the first occupancy permit in Phase 1 of the Service Commercial area vi. Improve Ynez Road from the southerly Specific Plan boundary to Equity Drive (Arterial Highway Standards - 110' R/W) to include dedication of half- width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. vii. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: (i) approximately twenty (20) contiguous acres in area; (ii) identified and defined by the City Engineer of City of Temecula; (iii) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real properly shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. OFFSITE CIRCULATION Prior to issuance of 326th occupancy permit for the Phase 1 Residential and more than 8 acres of Phase 1 Service Commercial development (southern portion of Planning Area 12), the developer(s) shall implement the improvements for the following: i. Improve the intersection of Winchester Road at Ynez Road 1. Add Eastbound Through Lane 2. Add Southbound Right Turn Overlap Phase 3. Modify Signal to Provide Northbound Right Turn Overlap Phase R:\S P~H&rveston SP\PC Docs\COA-SP.doc ii. Improve the intersection of Winchester Road at Margarita Road 1. Add Right Turn Lane and Modify Signal to Provide Southbound Right Turn Overlap Phase 2. Add Eastbound Left Turn Lane (Dual Left) 77. PHASE a. R:\S P\Ha[¥eston SP\IC TRAFFIC SIGNALS i. Prior to the first occupancy permit or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Margarita Road and Major Entry at Margarita Road 2. Major Entry at Margarita Road and Loop Road 3. Margarita Road and Date Street 4. Date Street and Major Entry at Date Street 5. Modify the existing traffic signal at the intersection of Margarita Road and Rustic Glen Drive DRAINAGE Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements :IRCULATION T!e foll0wing improvements shall be completed as part of Phase 2 and prior to first building permit in Phase 3. Improve Date Street from the Major Entry at Date Street to the westerly boundary of Planning Area 3 (Urban Arterial Highway Standards - 134' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. ~. IImprove the Loop Road from Major Entry at Date Street to the westerly iboundary of Planning Area 5 (Modified Collector Road Standards - 66' RAN) to include dedication of full-width right-of-way, installation of full-width street ;improvements, paving, curb and gutter, sidewalk, street lights, drainage 'facilities, signing and striping, utilities (including but not limited to water and sewer). ii[. ilmprove Ynez Road from Equity Drive to Service Commercial Access III (Arterial Highway Standards - 110' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and ~gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities Docs\COA-SP.doc 12 iV, (including but not limited to water and sewer) and a 14 foot wide raised landscaped median. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: a) approximately twenty (20) contiguous acres in area; b) identified and defined by the City Engineer of City of Temecuta; c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway intemhange is to be constructed on the burdened properly. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. v. Improve Equity Drive from County Center Drive to the new Ynez Road (Modified Principal Collector Road Standards - 78' R/W) to include to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) OFFSITE CIRCULATION Prior to the issuance of occupancy permits for the Phase II build-out of Residential (defined as issued building permits in excess of 478 for single family detached units and 348 for attached multiple family units) and Service Commercial (defined as development that involves real property that in the aggregate exceeds twenty (20) net acres of real property within Planning area 12) and Village Center neighborhood commercial (beyond an aggregate of eight thousand (8000) square feet of developed area) the improvements generally described hereafter shall have been completed to the reasonable satisfaction of the City and the Developer shall be authorized to seek a reimbursement agreement as provided for in condition 8, unless waived pursuant to condition 6. 1. 2. 3. R:\S P\Harveston SP\PC Docs\COA-SP.doc Winchester Road at Jefferson Avenue Add Eastbound Right Turn Lane Add a Southbound Left Turn Lane (Dual Left) Convert Southbound Right Turn Lane to Shared Through and Right Turn Lane 13 ii. iii. iv. 4. Add Northbound Right Turn Lane (Dual Right) Winchester Road at 1-15 Southbound Ramp 11. Add Eastbound Right Turn Lane 2. Add Southbound dedicated Left Turn Lane (Dual Left) and widen off ramp to accommodate the added lane Winchester Road at Ynez Road 1. Add Eastbound Left Turn Lane (Dual Left) 2. Add Eastbound Through Lane 3. Add Northbound Left Turn Lane (Triple Left) 4, Modify Signal to provide Northbound Right Turn Overlap Phase 5. Split Northbound and Southbound Signal Phases 6. Add Westbound Through Lane 7. Add Southbound Shared Through and Right Turn Lane (300' Minimum) Overland Drive at Jefferson Avenue 1. Modify Signal to Provide Westbound Right Turn Overlap Phase 2. Modify Signal to Provide Northbound Right Turn Overlap Phase 3. Split Northbound and Southbound Signal Phases 4. Add Eastbound Right Turn Lane v. Overland Drive at Ynez Road 1, Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Through Lane 3. Modify Signal to Provide Westbound Right Turn Overlap Phase 4. Modify Signal to Provide Southbound Right Turn Overlap Phase Overland Drive at Margarita Road 1. Modify Northbound Through Lane to Shared Through and Left Turn Lane 2. Split Northbound and Southbound Signal Phases Winchester Road at 1-15 Northbound Ramp 1. Add Westbound right turn lane (Dual right) CITY OF MURRIETA CIRCULATION A fair-share contribution shall be made to the City of Murrieta prior to the first occupancy permit in Phase 2 to improve the intersection of: i. Murrieta Hot Springs Road at Jefferson Avenue 1. Add Westbound Left Turn Lane (Dual Left) 2. Channelize Northbound Right Turn Lane to Allow Free Right Turn Movement vi. vii. R:\S P\Har~eston SP\PC Docs\COA-SP.doc ii. Murrieta Hot Springs Road at Alta Murrieta Drive 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Right Turn Only Lane iii. Murrieta Hot Springs Road at Margarita Road 1. Modify Eastbound Through Lane to Shared Through Lane/Right Turn Lane 2. Modify Northbound Through Lane to Shared Through Lane/Left Turn Lane TRAFFIC SIGNALS i. Prior to the first occupancy permit, or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Date Street and Major Entry at Date Street DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. 78. f. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. PHASE 3 a. CIRCULATION The following improvements shall be completed as part of Phase 3 and prior to the first building permit in Phase 4: i. Improve Date Street from the westerly boundary of Planning Area 3 to Ynez Road (Urban Arterial Highway Standards - 134' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 ii. Improve Ynez Road from Service Commercial Access III to Date Street (Arterial Highway Standards - 110' RA, V) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median 1. Provide Southbound Right Turn Lane onto Date Street per EIR ID. No. 37 R:\S P~Harveston SP\PC Docs\COA-SP.doc 15 79. ii. iii. iii. 2. Provide Northbound Right Turn Lane onto Date Street per EIR ID. No. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway intemhange and/or freeway- related traffic circulation purposes, a component of real property that is: a) approximately twenty (20) contiguous acres in area; d) identified and defined by the City Engineer of City of Temecula; c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. DF AINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and i sewer mains per Eastern Municipal Water District requirements. PHASE 4 a. CIRCULATION The following improvements shall be completed as part of Phase 4. Improve Date Street from Ynez Road to Interstate 15 (Urban Arterial Highway Standards - 134' RAN) to include dedication of full-width right-of- way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (i,ncluding but not limited to water and sewer) and a 14 foot wide raised landscaped median Improve Ynez Road from Date Street to the northerly Specific Boundary (Arterial Highway Standards - 110' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median All necessary right-of-way in Planning Areas 8 and 12, including slope areas R:\S P~Harveston SP\PC Docs\COA-SP.doc 16 for the Date/Cherry Interchange shall be granted free and clear of encumbrances in fee title. The location and limits of the right-of-way shall be as approved by the City and the California Department of Transportation. DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula c. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this Specific Plan. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 80. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 81. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 82. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and Appendix III-B 83. The Fire Prevention Bureau is required to set a minimum fire flow for commemial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 G PM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 84. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) R:\S P\Harveston SP\PC Docs\COA-SP,doc 85. Maximum Cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac sh~ll be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 86. If construction is phased, each phase shall provide approved access and fire protection pdor to any building construction. (CFC 8704.2 and 902.2.2) 87. Prior to bu~ilding construction, all locations where structures are to be built shall have approved t~emporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 IbsJ GVW. (CFC 8704.2 and 902.2.2.2) 88. 89. 90. 91. Prior to building final, all locations where structures are to be built shall have approved Fire Departmer{t vehicle access roads to within 150 feet to any portion of the facility or any portion of An exterior wall of the building(s). Fire Department access roads shall be an all weather sqrface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec ,902) . Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1 ). Private roaJds and alleys may be as narrow as 20 feet unobstructed travel width, not including p~arking with Fire Prevention approval on a map by map basis. Cul-de-sacs with planters must maintain 24 foot clear unobstructed travel width around the p enters, n?t including parking. Hardscape areas are perm'ss'ble prov ded that they meet the 80,000 lb. load requirements and are at road level. 92. 93. 94. The gradk 902.2.2.6, nt for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC ~)rd. 99-14) All traffic ;alming devices that could impede or slow emergency vehicle access are prohibited except those approved individually on a map by map basis when they maintain the requir( d travel widths and radii. As require .1 by the California Fire Code, when any portion of the facility is in excess of 150 feet from ~ water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall I~e provided. For this project on site fire hydrants are required. (CFC 903.2) 95. 96. R:\S P~H~rveston SP\PCI Docs\~OA-SP.doc Prior to building construction, dead end road ways and streets in excess of one hundred and fitty (150)Ifeet ;which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to is;uanCe of building permits, the developer shall furnish one copy of the water system plans to the F~re Prevenbon Bureau for approval prior to installation. Plans shall be signed by ~ registered civil engineer; contain a Fire Prevention Bureau approval signature block; and ~conform to hydrant type, location, spacing and minimum fire flow standards. After the plans a~re signed by the local water company, the originals shall be presented to the Fire Preventior~ Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building 18 materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 99. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for all apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 100. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 101. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 102. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 103. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 104. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 105. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81 ) R:\S P\Harveston SP\PC Docs\COA-SP,doc 19 106. Prior to th building final, speculative buildings capable of housing high-piled combustible s~ock, sh~ll be designed with the following fire protection and life safety features: an automaticlfire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents draft curtains Fire Department access do,~rs and Fire department access roads. Buildings housing high-piled combustible stock shal! comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) -' t thl' f ~ rt'r t f~ b 'Id' r Ith 107. ~'nor o e~ssuanoeo a~.,e ~maeo uceupancyor u~ mg ~na, edevelopedapplicant shall be responsible for obtaining underground and/or aboveground tank permits for the s;.orage of combustible hqu~ds, flammable hqu~ds or any other hazardous matenals from both the Count~ Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special ~,.onditions 108. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for rewew and approval for all open space areas adjacent to the wddland- w~getation interface. (CFC Appendix II-A) 109. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted toI the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones~ (CFC Appendix II-A) 110. Prior to bui,lding ~permit issuance, a full technical report may be required to be submitted and to the Fire prevention Bureau for some commercial occupancies. This report shall address, 'but not be !imited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231 ,C. 111. Prior to issuance of a building construction in each phase a simple plot plan or map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative f e formats may be acceptable, contact fire prevention for approval. I ' 112. The applicant shall comply with the requirements of the Fire Code permit process and update any changes ~n the items and quantities approved as part of their Fire Code permit. These chahges shall be submitted to the Fire Prevention Bureau for review and approval per the F~re Code and ~s subject to ~nspect~on. (CFC 105) 113. The applic~ant shall submit for review and approval by the Riverside County Department of Enwronmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quant t es ,used or stored ons~te ~ncrease or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) TEMECULA COMMUNITY SERVICES DEPARTMENT General Require ~mentS: If fthI 114. any o e following conditions of approval differ from the Specific Plan conditions enumerated herein shall take precedent. 115. The curre communi~ R:\S P~':arveston SP\PC Docs\COA-SP,doc text or exhibits, the park dedication requirement (Quimby) shall be satisfied with the 16.5 acre 3ark, the existing Winchester Creek Park and the HOA owned and maintained 20 recreational areas identified in the Harveston Specific Plan including the 6.9 acre Lake Park, the 1.8 acre Village Green, the 2 acre Village Club and the mini parks totaling 1.5 acres. 116. The actual design of the 16.5 acre community park in Planning Area I shall be in substantial conformance with the conceptual designs and guidelines identified within the Specific Plan. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided on site. Construction plans and specifications must be approved bythe Director of Community Services. 117. All park and slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 118. The design of the community park in Planning Area 1 shall provide for pedestrian circulation and access for the disabled throughout the park. 119. Construction of the 16.5 acre community park site and proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 120. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the park sites and slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD. 121. The 16.5 acre community park shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall also be provided with the conveyance of the property. 122. All perimeter slope/landscape areas adjacent to roadways with a 66 foot right of way or larger adjacent to single family residential development shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of the application process. All other landscape areas, entry monumentation, signage, pedestrian portals, bus shelters and walls shall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. 123. A ten (10) foot wide multi-use trail will be constructed around the Lake Park. An 8' paseo will be constructed within the Paseo Park and along the outside of the Loop Road. 124. Class II bicycle lanes will be included on both sides of Ynez Road, Date Street (within the project area), the Loop Road and the three entrance roads, and the adjacent portions of Margarita Road and Date Street (bordering the County line). Class II bike lanes shall be constructed in concurrence with the street improvements. 125. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park in Planning Area 1. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. 126. The 16.5-acre community park in Planning Area 1 shall be constructed, including the 90-day R:\S P\Harveston SP\PC Docs\COA-SP.doc 21 maintenance and establishment period, and the conveyance accepted by the City Council · p' or to the issuance of the first res dent a bud ng permit in Phase 2 (excluding models) Notwithstanding the foregoing, if the completion of the 16.5 acre Community Park is delayed because thee final and permanent alignment of Ynez Road has not been determined which p~'events the designation of the boundaries of the subject park, the City may, in the reasonabl~ discretion of the City Manager and which shall not be unreasonably withheld, conbnue to ~ssue building permits during the term of such uncertainty. The City Manager may require, and the Owner or Developer shall prowde, the prows~on of not~ce to potenbal purchasers of the scope of ~mprovements ~ntended to occur w~thm the subject park, ~nclud~ng, but not I~m~ted to, I~ghted athletic fields. Notice, as required by the C~ty Manager may ~nclude, but ~s not I~m~ted to, s~gnage (both on and off the anbc~pated park s te), letters, displays oi handbills. Prior to Approval of the Final Map: ,I 127. The deve qper, Or his assignee, shall offer for dedication, enter into an agreement and post security with the TCSD to improve the proposed parkland located in Planning Area I in accordanc~ with the City standards, prior to the approval of the respective final map. 128. All areas in'tended for dedication to the TCSD for maintenance shall be identified on each final map Dy numbered lots and indexed to identify said lots numbers as a proposed TCSD maintenanbe areas. 129. All TCSD s ope/landscaping maintenance easements shall be offered for dedication on each final map. 130. Construction drawings for all landscape medians and proposed TCSD slope/landscape maintenance areas shall be rewewed and approved by the Director of Community Services prior to the approval of each final map. 131. The subdivider shall post security and enter into an agreement to improve all landscape medians a~d proposed TCSD maintenance areas prior to the approval of each final map. . , I '. ' t t thth Temec laCommun~L Serv~cesD~stnct 132. The oeve~oper snail fi~e a notice or in en ion wi e u '~y ' ' ' to m~bate elecbon proceedings for acceptance of residential street I ghts and per mete slope/land~cape into the TCSD maintenance program prior to approval of each final map. All costs a~sociated with this process shall be borne by the developer. Prior to Issuanc! of BUilding Permits: 133. Prior to the installation of street lights or issuance of building permits, whichever comes first, the develc )er shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy: J 134. Prior to thee issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 135. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. R:\S P\Ha~eston SP\PC Docs\COA*SP.doc 22 OUTSIDE AGENCY LETI'ERS 136. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated March 31, 1999, a copy of which is attached. 137. The applicant shall comply with the recommendations set forth in the Rancho Water transmittals dated November 9, 1999 and September 8, 2000, a copy of which is attached. 138. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health transmittal dated February 1,2000, a copy of which is attached. 139. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated January 1,2000, a copy of which is attached. 140. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittal dated November 15, 1999, a copy of which is attached. 141. The applicant shall comply with the recommendations set forth in the Eastern Information Center, Department of Anthropology transmittal dated November 3, 1999, a copy of which is attached. 142. The applicant shall comply with the recommendations set forth in the Temecula Valley Unified School District transmittal dated November 5, 1999, a copy of which is attached. 143. Comply with the terms and conditions of the U.S. Fish and Wildlife and Army Corps of Engineer permits obtained for this project. 144. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R:\S P~Harveston SP~PC Docs\COA-SP.doc 23 Board of Directors President David J. Slawson ~ce President Clayton A. Record, Jr. Marion V. Ashley Richard R. Hall Rodger D. Siems Board Secretary Mary C. White GeneralManager John B. Bmdin Director of the Metropolitan Water District of So. Calif. Clayton A. Record, Jr. Joseph J. Kuebler. CPA Legal Counsel Redwine and Sherrill October 4, 2000 D I S T R I C..T Co!nty of Riverside Eny~ronmental Health Department P.O. Box 1206 Riv~erside, CA 92502 LIear Ot ~a~lu~ Re! SAN53-Sewer Will Serve 1,921 Units, Located west of Margarita Rd., north of Date St. in the County of Riverside. EMWD is willing to provide water and/or sewer service to the subject project. The prqv~slons of service are contingent upon the developer completing the necessary arr~angements in accordance with EMWD rules and regulations. The arrangements may include plan check, facility construction, annexation, payment of financial participation charges, coordination with a sub-agency, mc aimed water facilities and oth~r requirements. The developer shoud contact EMWD's New Business Deyelopment Department early ~n the process to determine the necessary an'angements for service. EMWD's ability to serve is subject to limiting conditions, such as water shortages, regulatory requirements, legal issues, or conditions beyond EMWD's contro Th k f an you or your cooperation in serving our mutua customers, f you have any questmns, please call me at (909) 928-3777, ext. 4518. Civil Engineering Assistant New Bus~ness Development MHS/ C: Mailing Address: Post Office Ms. Patty Anders City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ~snts2\J \WORDPROC\WORD\NEW BUSI.11\Will Serve\Year2000\marg&datest.doc Bo~ 8300 Perris, CA 9257-2-8300 Telephone: (909) 928-3777 Fax: (909) 928-6177 :Location: 2270 Trumble Road Perris. CA 92570 Wa er Lisa D. Herman Csaba F. Ko Scott A. Mclntyr~ Jeffrey L. Minkler George M. Woods John F. Hennigar Phillip L. Forbes Kenneth C. Dea[y Linda 51. Fregoso November 9, 1999 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY SWEETWATER SPECIFIC PLAN ASSESSMENT DISTRICT NO. 161 VARIOUS ASSESSOR'S PARCEL NUMBERS PLANNING APPLICATION NO. PA99-0418 AND PA99-0419 Dear Ms. Anders: Please be advised that the above-referenced development 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 along with the construction of any required on-site and/or off-site water facilities. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 99~S8:mc303~F012-T1V:C F Lisa D. Herman Se ~tember 8, 2000 Pa ~ Anders, Case Planner Cit~ of Temecula Planning Department 43200 Business Park Drive Posit Office Box 9033 , Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY HARVESTON SPECIFIC PLAN Dear Ms Anders Plehse be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, ora ..... therefore, would be available upon completion of financial arrangements between .Iohn F. Henni~ar RCIWD and the property owner. ,~ ......... m~.,,~. RC has reviewed the Specific Plan for the Harveston development. As stated Tr ........ above, RCWD will provide water service to this project. The proposed demands E'v'"B°'"I ........ have been incorporated into both the RCWD Water Resource Master Plan and Kenm,th C. IDeal, Water Facd~t~es Master Plan, These plans have been rewewed and adopted by the ~ ........... f";' .......... Dis~trict's Board of Directors. c,,~,~ Th review of the above-referenced documents affirms that the water demand for .,.a~,.}. ~"'~'7 this area. was evaluated and ~ncorporated ~nto the RCWD Master Plans. C.~.~h~.,,.,~.. Also, please refer to our letter of August 23 2000 (copy enclosed) concerning the c~.,.,.~ c,,,,~, proposed lake. RCWD highly recommends that the issue of utilizing reclaimed water be completely addressed in the site master plan and specific plan. I t If~ou have any ques ions, please do not hesitate to call. SincerelY, R~{NCHO CALIFORNIA WATER DISTRICT Ste De Brannon, P.E. velopment Engineering Manager 00~SB:at 158\F012-T IWCF Enclosure, TO: FROM: RE: County of Riverside I-I~ALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: February 1, 2000 CITY OF TEMECULA PLANNING DEPARTMENT ATTN: Patty Anders GREGOR DELLENBACH, Interim Supervisor SWEETWATER SPECIFIC PLAN The Sweetwater Specific Plan dated September 1999 has been received and reviewed. Will-serve letters from the water and sewering agencies will be required and the use of reclaimed water on all parklands and other greenbelt zones and other landscaped zones is highly recommended. In order to serve domestic water and provide sanitary sewer service to the project area, "will-serve" letters from Rancho California Water District (RCWD) and Eastern Municipal Water District (EMWD) respectively will be required. Domestic water demands are calculated to be 2.02 MGD and wastewater flows to be 0.723 MGD. The report advises that RCWD and EMWD can handle those demands. The report identifies that 254.7 acres of park, open space and school sites that should be eligible to receive reclaimed water. These irrigation systems should be designed to accommodate a reclaimed water system. The concerns regarding re-claimed water have not been addressed in the document reviewed. Sincerely, Gregor Dellenbach, Interim Supervisor GD:dr (909) 955-8980 DAVID P. ZAPPE General Manager-Chiei' Engineer City of Temecula Planning Department Post Office Box 9033 Temecula. California Attention: ¢~"~" ~ RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 2589-9033 1005 MARKET STREET RIVERSIDE. CA 92501 909.955.1200 909.788.0965 FAX 51180 I Ladies and Gentleme' Re: '~/~, ~c/-041' (.5'0~ Pm The District does not]normally recommend conditions for and divisions or other land use cases in incorporated cities. The District alsb does not plan check city land use cases, or provide State D v s on of Real Estate letters or other flood hazard reports for such cases. Distnct comments/recommendations for such cases are normally limited ~tems of s ecific interest to the D strct including District Master Drainage Plan facilities, other regional flood to ' . ~ - P. ,---- ~,=~ wh eh rtnu d be cons dered a ca cai componenfor extension of a master plan system, g°n~tIE~istar~c~t ~ra~al~real~g'l~ a'~'~'~'(~e-v~lbpment m t gat,or5 fees), h add't'on, ,nformat'on of a genera nature is provided. The District has not r~viewed the proposed project n detail and the following che.c, ked com?~nt,,s do~ n~o_t_i..n.~an_y,~y~ constitute or imply District approval or endorsement of the proposed project wtn respect [o flooo n~z:i~fu. health and safety or any other such issue: This proiect ~would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. This project ?nvolves District Master Plan facilities. The District w accept ownership of such facilities on wr ,~en request of the City. Facilities must be constructed to D str ct standards and District plan check and ins2ection will be required for District acceptance. Plan check, inspection and administrabve fees will be required. ~ Th s ro'ect ma propose channels storm drans 36 inches or Larger in diameter, or other facilities that · ,-P If ~-~Y~i,4¢rc, d moional in nature and/or a logical extension of .the adopted c~o~...r~.,.,~.~.~,' ._= .... Master Dranage Plan. The District would consider. ?cc..?.p!ll)~ '-~'" '~,,'r~'~"',:,t-'~'~'h- facilities on W ~ ten request of [he City. Facilities ~u~t be constructed_.to u.ls~n,c.t s°~a~"¢~l'~' ~d--~i~t~i~t plan check and inspgction will be required for Dmtnct acceptance. ~'lan cnec~, inspection' anB administrative fees will be required. Th s pro eot i!s located within the limits of the Distr ct's ~fJ&l~ ~11A (~E, ~/~'~g~d~-~'~ ra na e Pla'n for Which dra na e fees have been adopted applicable tees ~,i~ould be paid by cashier s ?~,,r.k gnr monev order on v to t~e Flood Control District prior to issuance of. buildjr~g or ~i~'e~r com~s first. Fe~s to be paid should be at the rate in effect at the time OT ~ssuance permit. GENERAL INFORMAT ON ~ ....... m~u~ire a Nationa Pollutant Discharge Elimination System (NPDES) permit from. the State ~.W..,a,t~e_r ms projem~?~. ?~..~.,~ ,-.~ ....... for ~radin,~ recordation or other final approval should not De g~ven unto City has determined that the project has been granted a permit or is shown to be exemp[. nvo yes~ a Federa Emer ency Management Agency (FEMA) mapped flood p a n, then the City should If this project i .... .~ ,, -g,..-~: .... ,..-,',*;,,,,- naris and other nformation required to meet FE_M_A. requ!re the. app ..... PJ ......... ;-~ +hat the a~,~licant obtain a Conditional Letter of M~p. Rev~s~on._(.CLOM .R) regu~remen.[,s., ' - ,' .... "-~- ¢"~1 =,,,,royal of the nroiect and a Letter of Map Rews~on (LOMK) prior to pnor to gr~lalng, recoruatlo, u, u,.=, ,,,o ,,~,~, ,- , . occupancy ercourse or ma ed flood plain is impacted by this project, the City shoD d require the applicant to If a natural wpt , PP ..... ali~nrnin F~,nnrtment of Fish and Game and a Clean Water Act obtain a Sactlon l~0.1./160~.Ag.r.ee~me, n.t trom,..~,n,.,e~,,~=~%.i%~7~-~i.--~vritten corresoondence from these agencies Sect on 404 Permit trom the .u.~...~rmy ,-,,,,~,, "'~7Z'~'~'~.i~.~,, ',NntCr Act Sect o'n 401 Water Quality Certification indieat no the Droiect s exempt from tnese reqglreme,,t~. ,-%-.,1~- .:.---,-- ........ : ....,*~-o ,,f the Corns 404 ~/-~ ~'equir~d ~from the local Ca!ifornia Regional Water uuauw Don[roi uoa~u p.u, ,u permit. Very truly yours. STUART E. MCKIBBIN Senior Civil Engineer Date: l- I~. STATE OF CALtFORNIA--SUS[NESS, TRANSPOP, ,~1 AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W Fourth Street, 6th Floor MS 726 San Bemardino, CA 92401-1400 PHONE (909) 383-6327 FAX (909) 383-6890 November 15, 1999 08-Riv-79-R3.300 Ms. Patty Anders Assistant Planner PO Box 9033 Temecula, CA 92589-9033 Dear Ms. Anders: NOV Z ? 999 GRAY DAVIS, Governor Sweetwater Specific Plan The City of Temecula should ensure that the applicant complies with the current Congestion Management Program in place as defined by the Riverside County Transportation Commission (1997). Please forward all future plans and documents to this office regarding this proposal. If you have any questions, please contact Jim Belty at (909) 383-4473 or FAX (909) 383-6890 Sincerely, LINDA GRIMES, Chief Office of Forecasting/ IGPJCEQA Review c: Mosle Boyd, State Clearinghouse I~e~fleodo¥ N~'aesber 3f 1999 11:26m -- ErGo '~875~9, -- P,o~ 21 SENT OY:UCR ,- 3-00 ;11:0?AN ; A.qCH RESEARG,. .T-* 90060454??;# 2 ~ALIFORNIA ~IISTOIFUCAI RESOURCES INFORMATION -~YSTEM Esstom IrdormaUon Center ur~varsZty of C~dorr~ R~vorslde, CA 9252~-0418 Phone (!~9) 787-574S Fax (90g) if you have any qz 8ifions, please contact For 'si~ Eastern laformation C~nta' November 5, 1999 TEMECULA VALLEY Unified School District By BOARD OF EDUCATION Ms. Patty Anders City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PA99-0419 (Sweetwater) Dear Ms. Anders: Temecula Valley Unified stxongly supports the inclusion of a twelve-acre elementary school within the proposed Sweetwater Specific Plan. An elementary school within the community will be vital to serve the students generated by the homes there, as well as other City of Temecula residents. There is a need to open this school as early as August of 2000. As was discussed in an earlier meeting with City Manager Shawn Nelson, and Deputy City Manager, Gary Thomhill, this may require an acceleration of the school site portion of the specific plan. Lennar Communities has worked closely with the school district in establishing the location and configuration of the school site shown in the proposed plan. The District encourages an expeditious approval of that aspect of the plan as shown. Sincerely, Temecula Valley UnifieakSchool District Coordinator of Facilities Services Cc: Dave Gallaher, Director of Facilities Services 31350 Rancho Vista Road /Temecula, CA 92592 / (909) 676-2661 RTR ID:90968~1007 MRY ~1'01 ~:1~ No.O01P.02 ./ May 31,2001 City of Ten Pl~mning D :cula .'partmcnt I~ive~ide Transit Agency 1825 Third Street P.o. Box 59968 Riverside, CA 92517 Phone:(909) 684-0850 Fax: (909) 6~4-1007 I mcr recentl ' with Matt Fagan to disc.ss thc Harveston Specific Plan. It appears that all attompts ha~ been. marlo to .dcalg~t. thc project in a tmnsit-~'.'cndly ..m~..m, cr, including thc open. endedlclustenng o£resldentml units. The mixed.uses m the Village Green Center an; also conducive to transit usage.. 'We hope to jointly design a pilot program to cncoumgc transit usagc and thc usc of other altcmativeslto the single occupancy vehicle. It would be beneficial for the community to p~vide trafisit access to adjacent areas, such as thc Promcnadc Mall, middle and high schoois an~ local employment centers. Pl,ms¢ continue to keep os posted 8o we eau maximize coordination of planning efforts. Thank you for thc opportunity to commen! on this project. Os L oy I Plmning Dirccto-"r--' EXHIBIT A-2 PROPOSED GENERAL PLAN LAND USE MAP R:\S P~Harveston SP~C Docs\ PC STAFFRPT.doc 23 I EXHIBIT A-3 HARVESTON SPECIFIC PLAN LAND USE MAP R:\S P~-iarveston SP~PC Docs\ PC STAFFRPT.doc 24 EXHIBIT B (For Attachment No. 2) CITY COUNCIL ORDINANCE FOR THE DEVELOPMENT CODE AMENDMENT AND ADOPTION OF THE ZONING STANDARDS OF THE HARVESTON SPECIFIC PLAN R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 25 A'I'i'ACHMENT NO. B (For Attachment No. 2) ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING PLANNING APPLICATION NO. 99- 0418 (DEVELOMENT CODE AMENDMENT) AMENDING SECTION 17.16.070 TO INCLUDE HARVESTON SPECIFIC PLAN NO. 13 AND ADOPT CHAPTER 11 (DEVELOPMENT STANDARDS) INCLUDING THE ZONING STANDARDS INCLUDED THEREIN FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE HARVESTON SPECIFIC PLAN NO. 13, ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED ON THE EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910- 261-002, 910-110-013, 9 10-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060- 009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911- 630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023 AND 911-180-028. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Add the following to the end of the list contained in Section 17.16.070 of the Temecula Municipal Code: "SP-12 Wolf Creek SP-13 Harveston" Section 2. The City Council for the City of Temecula hereby adopts Chapter 11 of the Harveston Specific Plan, Development Standards as an uncodified ordinance. Section 3. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 4. Environmental Compliance. The City Council of the City of Temecula hereby finds that the Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program is consistent with the California Environmental Quality Act (CEQA) and that it accurately addresses the impacts associated with the adoption of these two Ordinances implementing the Harveston Specific Plan. Section 5. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. R:xS P~Harveston Sl~City CouncilXDevCode&Zoning--CC Ord.doc Sectio ~ 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Sectio~n 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) clays aftei, its passage. The City Clerk shall certify to the adoption of this Ordinance and cause cop~[es of this Ordinance to be posted in three designated posting places. Section 8. 'This Ordinance shall be in full force and effect thirty (30) days after its oassa(3e ahd within fifteen (15) days after its passage, together with the names of the C t~, Coun-cilmembers vot!ng thereon, it shall be pub ished in a newspaper pubhshed and circulated in s~id City. PASSED, Temecula this ATTEST: APPROVED, AND ADOPTED, by the City Council of the City of day of 2001. Jeff Comerchero, Mayor Susan W. Jodes, CMC/AAE City C, lerk [SEAL] STATE OF C. ~,LIFORNIA ) COUNTYOF {IVERSIDE ) ss CITY OF TEMECULA) J I, Sus!n W. Jones City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 01- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 12001, and that thereafter, said Ordinance was duly adopted and passed at a regular m~eting of the City Council of the City of Temecula on the day of ,20p1 by the following roll call vote: AYES:~ COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk EXHIBIT C (For Attachment No. 2) CITY COUNCIL ORDINANCE FOR THE CHANGE OF ZONE AND AMENDMENT TO THE OFFICIAL ZONING MAP AND R:~S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 26 EXHIBIT C (For Attachment No. 2) ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE OF THE THREE EXCLUDED PARCELS LOCATED WITHIN THE HARVESTON SPECIFIC PLAN AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910-110- 013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910- 110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001, 911-630-002, 911-630- 003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911- 180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. WHEREAS, Lennar filed Planning Application Nos. PA99-0418 and PA00-0295 (the "Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered the Application on June 20, 2001, at duty noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, the City Council considered the Application on ,2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, subject to the recommended conditions, together with the concurrent recommendation on the Harveston EIR and adoption of the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Approve the removal of the three excluded parcels from the Harveston Plan and approve the amendment to the official City Zoning map as shown substantially in the form of Exhibit C-1. R:\S P~Harveston SBCi~y Council~ CC Ord SP.doc I Section 3. Environmental Compliance. The City Council of the City of Temecula has certified the Fi~ iai Environmental Impact Report and adopted the Mitigation Monitoring Program for the H~rveston Specific Plan in order to approve the Application. 2001. ATTEST: Section 4. PASSED, APPROVED AND ADOPTED this day of Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF'rEMECULA) I, Susan W. JoneS, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001 - was duly and regularly adopted by the City Council of the City of Temecula at a rec. ilar meeting thereof held on the day of 2001, by the following vote: AYES: NOES: ABSENT: R:~S P'~-I a.~es ton SP~CiVJ £ ~uncilX CC Ord SP.doc COUNCILMEMBERS: cOUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk EXHIBIT C-1 PROPOSED ZONING MAP R:~S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 27 City of Temecula Proposed Zoning EXHIBIT D (For Attachment No. 2) CiTY COUNCIL ORDINANCE FOR THE DEVELOPMENT AGREEMENT R:\S P~--larveston SP~PC Docs\ PC STAFFRPT.doc 28 EXHIBIT D (For Attachment No. 2) FOLLOWS: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES (PLANNING APPLICATION NO. 00-0446)" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. Lennar Communities ("Owner") filed Planning Application No PA00-0419 (General Plan Amendment), PA99-0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), pa 99-0245 (Change of Zone), PA99-0446 (Development Agreement) PA00-0295 (Tentative Tract Map 29639), PA01-0030 (Tentative Tract Map 29928), PA01- 0031(Tentative Tract Map 29929) and PA01-0032 (Tentative Tract Map No. 30088 (the "Application") in accordance with the City of Temecula General Plan and Development Code for land use approvals for a 550 acre planned community located adjacent to and east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road, south of the northern City Limit ("Project"). b. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. c. On June 20, 2001 the Planning Commission of the City of Temecula held a duly noticed public hearing on the Draft Environmental Impact Report, the proposed Development Agreement(s) and the other land use applications for the Project at which time all persons interested in the Draft EIR, proposed Development Agreement and the Project had the opportunity and did address the Planning Commission on these matters. R:~ P\Harveston SP\City Council\CC Ord for DA .DOC d. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Development Agreement a~nd the Project, the Planning Commission adopted Resolution No. 2001- __ recomme, ndmg to the City Council that the Development Agreement be approved, subject to certain recommended conditions. e. On , 2001 the City Council of the City of Temecula held duly noticed public hearings on the Draft Environmental Impact Report, proposed Dew.qopmentlAgreement(s) and the other land use applications for the Project at which time all persops interested in the proposed Development Agreement and the Project had the opportunity and did address the City Council on these matters. f. Following consideration of the entire record of information rece.ived at the pub c hear ngs before the Planning Comm ss on and the City Council, and due consideration of the proposed Final EIR, General Plan Amendment, Change of ZonE;, Code ~mendment, Specific Plan Zoning Ordinance, Tentative Tract Maps (Level A and B), and Development Agreement, the City Council adopted Resolution No. 2001- , entitled '% Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report Prepared for the Harveston Specific Plan No. 13 (Planning Application No. 99-0418) and Related Actions, and Adoption of the Environmental Findings Pursuant to the California Environmental Quality Act and a Mitigation Monitoring and Reporting Program in Connection Therewith." Secti n 2. The City Council of the City of Temecula further finds, determines and declares {hat: A. ' In consideration of the substantial public improvements and benefits to be provided by Owner and the Project, in further consideration of the implementatidn of'the Harveston Specific Plan and in order to strengthen the public financing and] planning process and reduce the economic costs of development, by the DevelopmentlAgreement, the City intends to give Owner assurance that Owner can proceed with the development of the Project for the Term of the Development Agreement p[Jrsuant to the terms and conditions of the Development Agreement and in accordance w~th the C~tys General Plan, ordinances, pohc~es, rules and regulations existing as set forth in the Development Agreement. In reliance on the City's covenants m the Development Agreement concerning the development of the Property, Owner has and wdl ~n the future ~ncur substanbal costs ~n s~te preparation and the construction and ~nstallabon of major infrastructure and facilities in order to make the Project feasible. B. The Development Agreement and the Existing Project Approvals, as defined in :he Development Agreement, implement the goals and policies of the City's General Plan and the Harveston Specific Plan, provide balanced and diversified land uses, and i~'npose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment ~ vithinthe City. C. The City has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the City by the development of the Project and concluded that the Project ~s m the best interests of and ~s not detnmental to the health, safety and general welfare of the C~ty. RAS P~lfarveston SP\City Council\CC Ord for DA .DOC 2 D. The Development Agreement is consistent with the City's General Plan, and each Element thereof, and the City's Growth Management Action Plan, and constitutes a present valid exercise of the City's police power. E. The Development Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. F. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. The City Council of the City of Temecula hereby approves certain agreement entitled "Development Agreement by and Between the City of Temecula and Lennar Communites" and authorizes the Mayor to execute said agreement attached hereto as Attachment 8. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this __ day of ,2001. A'I-I'EST: Jeffrey Comerchero Mayor Susan Jones, CMC City Clerk R:XS l:~tarveston SPXCity Council\CC Ord for DA .DOC 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY' OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that th( foregoing Ordinance No. 01- was duly introduced and placed upon its first reading at a regular meeting of the City Counc on the day of I ,2001, and that thereafter, said Ordinance was duly adopted and passed at a rggular meeting of the City Council on the day of 2001 by the following vote, to w~t: AYES: COUNCILMEMBERS: NOES: COUN~ :,ILMEMBERS: ABSFNT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: SUSAN JONES, CMC CITY CLERK APPROVED I TO FORM: Peter M. Thorson City Attorney R:xS P~Harveston SP\City Council\CC Ord for DA .DOC 4 ATTACHMENT 3 PC RESOLUTION FOR TENTATIVE TRACT MAPS PA00-0296 (TTM 29639) PA01-0030 (TTM 29928) PA01-0031 (TTM 29929) PA01-0032 (TTM 30088) R:\S P~Harveston SP~°C Docs\ PC STAFFRPT.doc 29 A'YrACHMENT NO. 3 PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639 (LEVEL "A"), PLANNING APPLICATION NO. 01-0030 (LEVEL "B' MAPS) - TENTATIVE TRACT MAP NO. 29928; PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929; AND PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, FOR THE SUBDIVISION OF A PORTION OF PHASE 1 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001,91 0-261-002, 910-11 0-013, 910-11 0-015, 91 0- 110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910-100- 008, 910-060-009, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911 - 180-008, 911-180-009, 911-180-015, 911-180-023 AN D 911-180-028. WHEREAS, Lennar Communities filed Planning Application No. PA00-0295, PA01-0030, PA01-0031, and PA01-0032 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to the conditions after finding that the project proposed in the Application conformed with the City of Temecula General Plan, as amended, the proposed Specific Plan, Development Code and Subdivision Ordinance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the Temecula Planning Commission, in recommending that the City Council approve the Application, hereby recommends the following findings as required in Chapter 16. of the City of Temecula Subdivision Ordinance. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, the proposed Harveston Specific Plan and the City of Temecula Development Code; R:\S P\Harveston SP\PC Docs\RES-TM-Har. PC.doc 1 B. TI ~e tentative maps do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservabon Act contract but the resulting parcels following division of the land will not be too small to sustain their agncultural use; C. Thee site is physically suitable for the type and proposed density of development proposed by the {entative maps; D. Thee deSign of the subdivisions and the proposed improvements, with conditions of approval, are notI likely to cause significant environmental damage or substantially and avoidably injure fi.,;h or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; E. A environmental impact report has been prepared and a finding has been made, pursuant to Publi~ Resources Code Section 21081 (a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environrnental im~pact report; F. Thee deSign of the subdivisions and the type of improvements are not likely to cause serious public health problems; G. Thee design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; H. Thee design of the subdivisi(~ns and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property w~thm the proposed subdivision, or th~ design of the alternate easements which are substantially equivalent to those previously acquit .~d by the public will be provided. I. TI,e subdivisions are consistent with the City's parkland dedication requirements (Quimby). Secti, )n 3. IEnvironmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Qbal ty Act Gu de nas. A environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. Sectio~ n 4. Recommendation to the City Council. That the City of Temecula Planning Commission hereby recommends approval of Planning Application Nos. PA00-0295 (Tentative Tract Map 29(~ 39), PAO~1-00~0 (Tentative Tract Map 29928), PA01-0031 (Tentative Tract Map 29929) and PA01-0032 (Tentative: Tract Map No. 30088) for the subdivision of a portion of the Harveston Specific Plan, su respectively, and )ject to the project specific conditions set forth on Exhibit A-l, B-l, C-1 and D-l, attached hereto, and incorporated herein by this reference. R:\S P~HaP/eston SP\PC Docs!RES-TM-Har. PC.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of June 2001. ATTEST: Ron Guerriero, Chairman Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie U bnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of June, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\S P\Harveston SP\PC DOCS\RES-TM-Har. PC.doc 3 EXHIBIT A (For Attachment No. 3) CITY COUNCIL RESOLUTION FOR TENTATIVE TRACT MAP 29639 (PA 00-0295) R:\S P~Harveston SP~PC Docs~ PC STAFFRPT.doc 30 ATTACHMENT NO. A (For Attachment No. 3) RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 00- 0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,91 0- 261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110- 027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001,911-630-002, 911-630-003,911-640-001,911-640-002, 911- 180-002, 911-180-003, 911-180-004, 911-180°008, 911-180-009, 911-180- 015,911-180-023 AND 911-180-028. WHEREAS, Lennar Communities filed Planning Application No. PA00-0295 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20,2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated R:\S P'~Harveston SP\City Council~9639--CC RESO.DOC Section 2, Findin.qs. That the City Council, in approving the Application, hereby makes the following findin~gs as required in Section 16.09.140 of the Temecuia Municipal Code. A. The~ proPosed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Teme¢:ula Mumclpal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map oes not propose to divide land which is subject to a contract entered into pursu~ant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservatior~ Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; I ' ' bi f rthe' e D. The site is pnysically suita e o typ and proposed density of development proposed by the tentative map; E.. The design ,of the subdivisions and the proposed improvements, with conditions of approval, are not I!kely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to PubliclResOurces Code Section 21081 (a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the enwronmental ~mlact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems H The d~sign Of the subdivisions provides for future passive or natural heating or cooling opportunities in thee subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements ac(~uir~d by'the public at large for access through or use of property within the proposed subdivision, or'th~ des'gn of the alternate easements which are substant'ally equ'valent to those previously acquire by the public will be provided. J. The s }divisions are consistent with the City's parkland dedication requirements (Quimby),. Secti¢ n $. Environmental Compliance. Residential projects approved under a Specific Plan are exempt irom further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Enwronmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. Section 4! Conditions. The City Council of the City of Temecula approves Planning Application No. P~00-0295 (Tentative Tract Map 29639), the subdivision of approximately 550 acres nto 91 lots whichlconfOrm to the Planning Area, school and park sites of the Harveston Specific Plan, subject to the pioject specific conditions set forth on Exhibit A-l, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may R:~.~ P~-iarv,.~$ton SP\Cil Coun~i1~29639-CC RESO.DOC 2 be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 910-261-001,910-261-002,910-110-013, 910-110-015,910-110-020, 910-110-021,910-110- 027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001,911-630- 002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180- 008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. Section 5. PASSED, APPROVED AND ADOPTED this 2001. day of ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the of 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S p~-Iarveston SP\City Counci1~29639-CC RESO.DOC 3 EXHIBIT A-1 (For Attachment No. 3) CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 29639 (PA 00-029S) R:\S P'~-Ian,'eston SP'~C Docs\ PC STAFFRPT.doc 31 EXHIBIT A-1 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA00-0295 (Tentative Tract Map No. 29639) Project Description: The subdivision of approximately 550 acres into 91 lots which conform to the Planning Areas, Open Space Areas, School and Park sites of the Harveston Specific Plan. Assessor's Parcel Nos.: 910-261-001,910-261-002, 910-110-013, 910-110- 015, 910-110-020, 910-110-021,910-110-027, 910- 110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001, 911-630-002, 911-630- 003, 911-640-001, 911-640-002, 911-180-002, 911- 180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. Approval Date: Expiration Date: June 20, 2001 June 20, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be R:XS l:~Harveston SP~°C Docs\29639-COA.doc 1 respor~sible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval w~thout further notice to the applicant. This ~roject and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. / The p~oject and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Ha, rveston Specific Plan, and the approved M~t~gat~on Momtoring Program thereof. 5. Once the Project Study Report (PSR) conducted by Caltrans is completed, the road ahgnments affecting the ~nd~wdual planmng areas 0.e. Ynez Road and Cherry/Date Street) may be altered or modified to ~mplement the PSR. The alternation or modification of the roads wdl require a rewsed tentative tract map ("A" M~p) subject to the approval of the Director of Planning and Public Works D~rector. 6. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval· The final form shall ~nclude all conditions of approval and all modifications made by the Planning Commission and City Councd. 7. The D,eveloPer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. 8. All mollifications to the phasing map after the first phase of development shall not require a Specific Plan Amendment and shall be approved administratively. 9. Th I I t e approva gran ed by this Resolution shall become effective upon the EffectiVe Date of the Development Agreement, as the term Effective Date is define~l in the Development Agreement adopted concurrently with this Resolution. 10. Further, notwithstanding any of the conditions contained herein, Developer may seek ~{n agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinar~ce for such reimbursement pursuant to and consistent with California Gover0ment Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. / Prior to Issua~nce of Grading Permits 11. A cop~' of the Rough Grading plans shall be submitted and approved by the Planning Division. · 12 ThIi I' t h II I e app ~can s a comp y with the provisions of Chapter 8.24 of the Temecula . R:\,S P~larveston SPxPC Doc~k29639-COA.doc Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 13. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of ail buildings and all landscaped and open areas including parkways. ii. 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. iii. 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) a share in the corporation, or R:~S PXHarveston SI~PC Docs\29639-COA.doc 3 voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 14. The a;plicant shall conduct an acoustical study to ensure acceptable interior and exterior'~ noise standards pursuant to the General Plan noise levels for residential and Icommercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. PUBLIC WORKS DEPARTMENT Unless otherv~/~ise noted, all conditions shall be completed by the Developer at no cost to ,-, I any ,,~overnment Agency. It is understood that the Developer correctly shows on the tentaZive site lplan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and m~y require revision. GENERAL CONDITIONS 15. All utilit.y systems such as electric, including those which provide direct service to the project ~site and/or currently exist along public rights-of-ways adjacent to the site (e~cept electrical lines rated 33 kv or greater), gas, telephone, water, sewer, and cable TV shall be placed underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. 16. Prior to the issuance of any grading permit, as deemed necessary by the Depa~ment of Public Works, the Developer shall consult with the State of California Department of Fish and Game, U.S. Army Corps of Engineers, and U.S. F;ish and Wildlife Service to determine if permits or approvals are necessary from isuch~ agencies for any action contemplated by this proposal. Such consultation shall be in writing, and copies of said correspondence, including respohses from agencies, shall be submitted to the City. Where appropriate, the terms! conditions, and recommendations of the noted agencies shall be incoriorated as Conditions of Approval into the areas of development. 17. All easements and/or right-of-way dedications shall be offered for dedication to the pub c or other appropriate agency and shall continue in force until the City acce~ts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 18. Landscaping and permanent irrigation facilities shall be installed with all street mprovements on and off-site grading. Perimeter walls, where required, shall be treate~l with graffiti-resistant coating and shall be installed adjacent to street impro~vements within each phase. 19. A pha, sing plan addressing the schedule of necessary infrastructure requirements shall be approved by the Department of Public Works and the Planning Director prior to approval of any subsequent application. 20. The DevelOper shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal R:XS ['xHarveston SI'xPC Docs~29639-COA.doc Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. 21. The Developer shall make a good faith effort to acquire the required real property interests necessary to carry out these conditions, 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 real 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. CIRCULATION 22. Prior to Final Map recordation, the Developer is responsible to bond for or construct the traffic signals at the project's accesses, as required, including the associated street improvements, based on traffic signal warrants analysis relative to subsequent tentative maps and/or development applications. 23. Adequate primary and secondary access shall be provided for each phase of development as approved by the Department of Public Works. Access to office and commemial areas shall be reviewed by the Department of Public Works at the time of submittal of individual tentative maps and/or development applications. Additional rights-of-way at entries to the aforementioned sites may be required to provide for turning lanes as directed by the Department of Public Works. The exact location and number of access points shall be subject to review and approval by the Department of Public Works upon future tentative map and/or development plan approvals. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Cimulation Element of City's General Plan, City ordinances and standards or as approved with the Harveston Specific Plan. All intersection intervals shall comply with City standards and requirements. The Developer shall provide bus bays and shelters within the Specific Plan. Location and number of bus bays shall be subject to approval of the City and Riverside Transportation Agency (RTA). Additional rights-of-way dedications associated with bus bays shall be provided by the Developer. Necessary improvements have been/will be conditioned based on the project traffic studies and the conceptual phasing plan shown on Harveston Cherry Alternative, Revised Proposed Phasing (8/12"Xl1") 4/23/01. Any substantive rephasing of the development must be approved by the Planning and Public Works Director through a rephasing application. Prior to the issuance of occupancy permits within any phase, all on and offsite improvements as referred to in the Traffic Reports and subsequent addenda along with additional requirements set herein, or as set by conditions on individual tracts, must be constructed and/or bonded as required by the Department of Public Works. 24. 25. 26. 27. 28. R:~S PXHarveston SF'gC DocsX29639-COA.doc 5 29. Ensuing] Traffic Reports, analyzing traffic impacts associated with subsequent development stages of Tentatve Tract 29639, shall be submitted to identify implem'entation and timing of the necessary improvements to mitigate cumulative traffic ~npacts. TRAFFIC MITIGATION MONITORING PROGRAM 30. The Tlaffc Mitigation Monitoring Program proposes that a traff!c st,u,.d..y be, approved pr or to the ssuance of first occupancy permit in each aoemona~ phase§ of the development. The intent of the Traffic Mitigation Monitoring Program ~s ~not to re-define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of the improvements. The traffic ~tudy would: 1) document ambient traffic volumes conditions; 2) estimate trip g~neration for the particular development phase; and 3,) asse_s,s traffic. conditions with the traffic added by the particular development pnase. /ne exact study ~area 'to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area shouldI include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide primary access to t.h,.e, new .development.. Cd?a,I intersections / roadways are defined as those fac,~bes that are expenenc~ng n~gn levels iof peak period traffic congestion (at the time the traffic study is to be performed). The traffic study findings would assist the City in proactively planniig for area roadway improvements. DRAINAGE / 31. Drain. a~ge a.nd flood control facilities shall be provided in accordance with the requirements of the City and/or Riverside County Flood Control and Water Conservation District (RCFC&WCD). 32. Prior to approval of any subsequent development applications, the Developer shall ~ubmit the master drainage plan to the City and RCFC&WCD to review the adequ~acy of the proposed and existing downstream drainage facilities. 33. Draina~ge facilities within each phase shall be c,.onstruc!ed.im.mediately after .o,r concurrently with the completion of the site gracing an(~ prior to or concurrem~y with the initial site development within that phase. 34. All dra~inage facilities shall be designed to convey 100-year storm flows, subject to th~ approval of the Department of Public Works and RCFC&WCD, as applic~able. 35. The Developer shall construct the proposed on and offsite drainage facility ~mproyements and the interim detention basin provision as recommended in the Speci¢ic Plan and Drainage Study documents and/or as directed by the Department of Public Works and RCFC&WCD, as applicable. 36. As re~quired by the Department of Public W, orks, additio~a.! Hydrology e',nd Hydr~_ulic Reports shall be submitted with SUDsequent tentative, maps ancuor development applications to study the drainage impacts and analyze necessary measures ,to mitigate the runoff created as part of the development of this project. , 37. The Developer shall accept and properly dispose of all off-site drainage flowing onto 6r through the site. R:~S l~Flarveston SP~C DocsX29639-COA' .doc 6 38. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing drainage easements. WATER AND SEWER 39. Water and sewer facilities shall be installed in accordance with the requirements and specifications of the City, Rancho California Water District (RCWD), and Eastern Municipal Water District (EMWD). Such requirements shall be applied at the subdivision or plot plan stages of the development. 40. Prior to the approval of subsequent development applications, the Developer shall submit the master water plan to RCWD to check for adequacy of the proposed water facilities. The Developer shall obtain written approval for the water system from RCWD. 41. Prior to the approval of subsequent development applications, the Developer shall submit the master sewer plan to EMWD to check for adequacy of the proposed sewer facilities. The Developer shall obtain written approval for the sewer system from EMWD. GRADING 42. No grading shall be permitted for any development area prior to tentative map or plot plan approval and issuance of grading permits for the specific area of development. Grading plans and operations shall be in accordance with the California Building Code, City Grading Standards, the recommendations contained in the Geotechnical Repori, or any subsequent reports prepared for the project, the conditions of the grading permit, and accepted grading construction practices and the recommendations and standards specified in the Specific Plan and Environmental Impact Report (EIR) document. Prior to issuance of any grading permit, erosion control plans shall be prepared in conformance with applicable City Standards and subject to approval by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements. The Developer shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit regulated by the State Water Resources Control Board, and the Storm Water Pollution Prevention Plan (SWPPP) implemented by the San Diego Regional Water Quality Control Board. Each subsequent application for a phase of development shall include a conceptual grading plan to indicate at a minimum: a. Preliminary quantity estimates for grading. b. Techniques and methods which will be used to prevent erosion and sedimentation during and after the grading process in compliance with the City Standards and NPDES requirements. c. Preliminary pad and roadway elevations. d. Designation of the borrow or stockpile site location for import/export material. 43. 44. 45. 46. R:\S P~Harveston SP~PC DocsL29639-COA.doc 7 47. 48. e. Approximate time frames for development including the identification of areas which will be graded during the rainy months. f. Temporary and permanent storm drain systems to safely convey storm flows through the site and prevent damage to adjacent property. Major grading activities shall be scheduled during the dry season wherever possi[ lc, or as otherwise approved by the Department of Public Works. Soils ;tabilization, which may include revegetation of graded areas, shall occur within 30 days of completion of grading activities as directed by the Department of Pub c Works. 49. The site shall be watered during grading operations to control dust. Temporary drainage and sediment control devices shall be installed as directed 50. by the Dep,rtment of Public Works. 51. An import/export route shall be submitted to the Department of Public Works prior tb ssuance of any grading permit. The plan shall include limitation to the duration of' the grading operation and construction activities, a Traffic Control Plan, ~nd a daily time schedule of operations. 52. Prior lo issuance of any grading permit, a soils reports shall be submitted to the Depa~ment of Pubhc Works for review and approval, to address engineering, geologic, seismic, and soils engineering concerns for each tentative map or comrrlercial parcel map for each phase of proposed development. 53. A Geo~technical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan bheck. The report shall address special study zones and identify any geotechn~cal hazards for the site including location of faults and potential for I~quefacbon. The report shall include recommendations to mitigate the impact of groun~ shaking and liquefaction. 54'. All pu~blic streets shall be maintained and cleaned if necessary on a daily basis during grading operation and construction activities. Cash deposit, letter of credit or po§ting of bond to guarantee maintenance of all public rights-of-way affected by the grading operations and construction activities, shall be posted prior to ~ssuance of grading perm ts. 55. If subsequent Geotechnical and Soils Reports determine that dewatering of the site is'~ necessary during construction, necessary permits (ie. in compliance with NPDES permit) shall be obtained from appropriate agencies prior to approval of the giading plans. PHASINGI 56. Construction of the development permitted by Tentative Tract 29639, including recordation of final subdivision maps, may be carried out in stages provided that, adequate vehicular access is constructed for all dwelling units in each stage of development and further provided that such development conforms substantially with the intent and purpose of the Tentative Tract 29639 Phasing Plan. 57. Deveopment applications shall be submitted for each planning unit in each phas& Total acreage and land uses within each phase shall be substantially in accoldance with the specifications of the Specific Plan. R:~S I?X}tarveston SPM~C DocsX29639-COA.doc 58. 59. A fair share program to reimburse the Developer for oversized improvements as specified by the EIR's allocation of fair share responsibility may be established to the satisfaction of the City and developer consistent with any of the methods authorized by the provisions of California Government Code Section 66485 through 66489. · PHASE 1 a. CIRCULATION The following improvements shall be completed as part of Phase 1 and prior to first building permit in Phase 2. i. Improve Date Street from Margarita Road to the Major Entry at Date Street (Urban Arterial Highway Standards - 134' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. Improve the Major Entry at Date Street from Date Street to Loop Road (Modified Major Highway Standards - 100' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median iii. Improve the Loop Road from Major Entry at Date Street to the School Site (Modified Collector Road Standards - 66' RNV) to include dedication of full-width right-of-way, installation of full- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) iv. Improve northbound Margarita Road from Santa Gertrudis Creek to the southerly boundary of Tract Map No. 21340 (Arterial Highway Standards - 110' R/W) to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. b. CIRCULATION The following improvements shall be completed prior to the first occupancy permit in Phase 1 i. Improve the Loop Road from the Major Entry at Margarita Road to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' R,NV) to include dedication of full-width right- of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) R:~S P~Harveston SPWC DocsX29639-COA.doc 9 (1) Provide an Eastbound Free Right Turn Lane from the Loop Road onto the Major Entry at Margarita Road ii. improve Southbound Margarita Road from Santa Gertrudis Creek to Date Street (Arterial Highway Standards - 110' RAN) to include dedication of half-width street right-of-way, installation of half- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. iii. Improve the Major Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 106' RNV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 20 foot wide raised landscaped median iv. Improve the Minor Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 82' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) v. Improve the Village Center Road from the Loop Road to the Major Entry at Margarita Road (Modified Street Section per the Specific Plan - 63' RNV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) The following improvements shall be completed prior to the first occupancy permit in Phase I of the Service Commercial area: vi. Improve Ynez Road from the southerly Specific Plan boundary to Date (Arterial Highway Standards - 110' RAN) to include dedication of half-width street right-of-way, installation of half- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water ~nd sewer), and a 14 foot wide raised landscaped median. vii. On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and /or freeway-related traffic circulation purposes, a component of rea~ property that is: (i) approximately twenty (20) contiguous acres in area; (ii) identified and defined by the City Engineer of City of Temecula; R:\S ~\Harveston SPxPC Docs~29639-COA.doc reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. OFFSITE CIRCULATION Prior to issuance of 326th occupancy permit for the Phase 1 Residential and more than 8 acres of Phase I Service Commercial development (southern portion of Planning Area 12), the developer(s) shall implement the improvements for the following, subject to reimbursement as provided in Condition 58 above unless waived as provided in Condition 10 above: i. Improve the intersection of Winchester Road at Ynez Road 1. Add Eastbound Through Lane 2. Add Southbound Right Turn Overlap Phase 3. Modify Signal to Provide Northbound Right Turn Overlap Phase ii. Improve the intersection of Winchester Road at Margarita Road 1. Add Right Turn Lane and Modify Signal to Provide Southbound Right Turn Overlap Phase 2. Add Eastbound Left Turn Lane (Dual Left) TRAFFIC SIGNALS Prior to the first occupancy permit or as warranted, the developer shall install a traffic signal with conduits for future intemonnect at the following intersections: 2. 3. 4. Margarita Road and Major Entry at Margarita Road Major Entry at Margarita Road and Loop Road Margarita Road and Date Street Date Street and Major Entry at Date Street R:\$ P~Harveston SP~PC Docs\29639-COA,doc 11 PHASE 2 a. 5. Modify the existing traffic signal at the intersection of Margarita Road and Rustic Glen Drive DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation D strict and the City of Temecula standards WATER AND SEWER i. nsta water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements CIRCULATION The !ollowing improvements shall be completed as part of Phase 2 and prior to first building permit in Phase 3. i. Improve Date Street from the Major Entry at Date Street to the Loop Road west of Ynez Road (Urban Arterial Highway Standards - 134' R/W) to include dedication of full-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. iii. 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 Improve the Loop Road from Major Entry at Date Street to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' RAN) to include dedication of full-width right-of- way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) Improve Ynez Road from the south tract boundary to the north tract boundary (Arterial Highway Standards - 110' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer)and a 14 foot wide raised landscaped median. 1. Provide Southbound Right Turn Lane onto Date Street per EIR ID. No. 37 2. Provide Northbound Right Turn Lane onto Date Street per EIR ID. No. 37 R:XS P~Harveston SPWC Docs~9639-COA.doc iv On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway-related traffic circulation purposes, a component of real property that is: (a) approximately twenty (20) contiguous acres in area; (b) identified and defined by the City Engineer of City of Temecula; (c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall' submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. Improve Equity Drive from County Center Drive to the new Ynez Road (Modified Principal Collector Road Standards - 78' R/W) to include to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) OFFSITE CIRCULATION Prior to the issuance of occupancy permits for the Phase II build-out of Residential (i.e., beyond 476 single family units and 346 multi-family units) and Service Commercial (i.e., beyond 8,000 square feet), the developer(s) shall improve the intersections below, subject to reimbursement as provided in Condition 58 above unless waived as provided in Condition 10 above: i. Winchester Road at Jefferson Avenue 1. Add Eastbound Right Turn Lane 2. Add a Southbound Left Turn Lane (Dual Left) R:\S PXHarves[on SPh~C Docs\29639-COA.doc 13 ii. iii. iv. Vi., vii, 3. Convert Southbound Right Turn Lane to Shared Through and Right Turn Lane 4. Add Northbound Right Turn Lane (Dual Right) Winchester Road at 1-15 Southbound Ramp 1. Add Eastbound Right Turn Lane 2. Add Southbound dedicated Left Turn Lane (Dual Left) and Widen Off Ramp to Accommodate the Added Lane Winchester Road at Ynez Road 1. Add Eastbound Left Turn Lane (Dual Left) 2. Add Eastbound Through Lane 3. Add Northbound Left Turn Lane (Triple Left) 4. Modify Signal to Provide Northbound Right Turn Overlap Phase 5. Split Northbound and Southbound Signal Phases 6. Add Westbound Through Lane 7. Add Southbound Shared Through and Right Turn Lane (300' Minimum) Overland Drive at Jefferson Avenue 1. Modify Signal to Provide Westbound Right Turn Overlap Phase 2. Modify Signal to Provide Northbound Right Turn Overlap Phase 3. Split Northbound and Southbound Signal Phases 4. Add Eastbound Right Turn Lane Overland Drive at Ynez Road 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Through Lane 3. Modify Signal to Provide Westbound Right Turn Overlap Phase 4. Modify Signal to Provide Southbound Right Turn Overlap Phase Overland Drive at Margarita Road 1. Modify Northbound Through Lane to Shared Through and Left Turn Lane 2. Split Northbound and Southbound Signal Phases Winchester Road at 1-15 Northbound Ramp 1. Add Westbound right turn lane (Dual right) R:\S ¥*Harveston SP'xPC DocsX29639-COA.doc CITY OF MURRIETA CIRCULATION A fair-share contribution shall be made to the City of Murrieta prior to the first occupancy permit in Phase 2 to improve the intersection of: i. Murrieta Hot Springs Road at Jefferson Avenue 1. Add Westbound Left Turn Lane (Dual Left) 2. Channelize Northbound Right Turn Lane to Allow Free Right Turn Movement ii. Murrieta Hot Springs Road at Alta Murrieta Drive 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Right Turn Only Lane iii. Murrieta Hot Springs Road at Margarita Road 1. Modify Eastbound Through Lane to Shared Through Lane/Right Turn Lane 2. Modify Northbound Through Lane to Shared Through Lane/Left Turn Lane TRAFFIC SIGNALS i. Prior to the first occupancy permit, or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Date Street and Major Entry at Date Street DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. WATER AND SEWER Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements: PHASE3 a. CIRCULATION The following improvements shall be completed as part of Phase 3 i. Improve Date Street from the Loop Road west of Ynez Road to west tract boundary (Urban Arterial Highway Standards - 134' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and R:~S PXHarveston SI'~PC Docs~29639-COA.doc 15 C ii. striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway-related traffic circulation purposes, a component of real property that is: (a) approximately twenty (20) contiguous acres in area; (b) identified and defined by the City Engineer of City of Temecula; (c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway intemhange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1, 2003. TRAFFIC SIGNALS Prior to the first occupancy permit in Phase 3 or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersection: 1. Date Street and Ynez Road DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. R:XS P~,Harveston SPxPC Docs~29639-COA.doc WATER AND SEWER Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. COMMUNITY SERVICES DEPARTMENT General Requirements: 60. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 61. The current park dedication requirement (Quimby) shall be satisfied with the 16.5 acre community park (Lot 53), the existing Winchester Creek Park and the HOA owned and maintained recreational areas identified in the Harveston Specific Plan including the 6.9 acre Lake Park (Lots 33, 34 and 37), the 1.8 acre Village Green (Lot 35), the 2 acre Village Club (Lot 36) and the mini parks totaling 1.5 acres. 62. The actual design of the 16.5 acre community park (Lot 53) shall be in substantial conformance with the conceptual designs and guidelines identified within the Specific Plan. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided on site. Construction plans and specifications must be approved by the Director of Community Services. 63. Ail park and slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 64. The design of the community park (Lot 53) shall provide for pedestrian circulation and access for the disabled throughout the park. 65. Construction of the 16.5 acre community park site and proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 66. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the park sites and slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD. 67. The 16.5 acre community park shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall also be provided with the conveyance of the property. 68. All perimeter slope/landscape areas adjacent to roadways with a 66 foot right of way or larger adjacent to single family residential development shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of the application process. All other landscape areas, entry monumentation, signage, pedestrian portals, bus shelters R:\S P~Harveston SP~PC Docs\29639-COA.doc 17 and w ails ~hall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. 69. A ten i10) foot wide multi-use trail will be constructed around the Lake Park (Lots 33, 341 and 37). An 8' paseo will be constructed within the Paseo Park (Lot 31) and along the outside of the Loop Road. 70. The d~eveloper shall dedicate a fifteen (15) foot easement for a multi-use trail along ihe northerly edge of Lot 47, 48 and 49 between 1-15 and Ynez Road. 71. Class II bicycle lanes will be included on both sides of Ynez Road, Date Street (withinI the project area), the Loop Road and the three entrance roads, and the adjacent portions of Margarita Road and Date Street (bordering the County line). .Class lll bike lanes shall be constructed in concurrence with the street ~mprovements. 72. The developer is entitled to receive a credit against the park component of the City's 'Development Impact Fee (DIF) based upon the actual cost of improving the co~nmunity park (Lot 53). The fee/cred t ssue shall be addressed pursuant to the ex~ecuti0n of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. 73. The 1 ~6.5-acre community park in Planning Area 1 shall be constructed, including the 9p-day maintenance and establishment period, and the conveyance accepted by the City Council prior to the issuance of the first residential building permitl in Phase 2 (excluding models). Notwithstanding the foregoing, if the completion of the 16.5 acre Community Park is delayed because the final and permanent alignment of Ynez Road has not been determined which prevents the des~gn, abon of the boundaries of the subject park, the City may, in the reasonable discretion of the City Manager and which shall not be unreasonably withheld, continue to issue building permits during the term of such uncertainty. The City Manager may require, and the Owner or Developer shall provide, the provision of noticeI to potential purchasers of the scope of improvements intended to occur withinithe subject park, including, but not limited to, lighted athletic fields. Notice, as required by the City Manager, may include, but is not limited to, signage (both on and off the anticipated park site), letters, displays or handbills. ' "fth Final Ma Prior to App,'oval O e p: 74. The developer, or his assignee, shall offer for dedication, enter into an agreement and post security with the TCSD to improve the proposed parkland ocate~d in Planning Area 1 in accordance with the City standards, prior to the approval o[ the respect ve fna map. 75. All areas intended for dedication to the TCSD for maintenance shall be identified on each final map by numbered lots and indexed to identify said lots numbers as a prop~osed TCSD maintenance areas. 76. All TCSD: slope/landscaping maintenance easements shall be offered for dedication On each final map. R:~S P\Harveston S~PC DOCs~29639-COA.doc 77. Construction drawings for all landscape medians and proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services prior to the approval of each final map. 78. The subdivider shall post security and enter into an agreement to improve all landscape medians and proposed TCSD maintenance areas prior to the approval of each final map. 79. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the TCSD maintenance program prior to approval of each final map. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits: 80. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy: 81. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 82. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT 83. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 84. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20- PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 85. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall R:~S l~larveston SI'~PC Docs~96394~2OA.doc 19 be ioc~ [ted no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from a~y adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may b~e required. (CFC 903.2,903.4.2, and Appendix Ill-B) 86. The Fire~ Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall prowde for this project, a water system capable of delivering 4000 GPM at 20- PSi re~sidual operating pressure with a 4 hour duration. The required fire flow may ~e adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all ~nformabon as provided. (CFC 903.2, Appendix Ill-A) 87. The Film Prevention Bureau is required to set minimum fire hydrant distances per CFC ~,ppendix Iii-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outletS) shall be located on Fire Department access roads and adjacent public street~. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from a'ny adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may b~ required. (CFC 903.2,903.4.2, and Appendix Ill-B) 88. Maximum Cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on an~, cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet fo'r commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 89. If construction is phased, each phase shall provide approved access and fire protec!tion prior to any building construction. (CFC 8704.2 and 902.2.2) 90. Prior to building construction, all locations where structures are to be built shall have ~pprOved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) 91. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of thelfacili{y or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVVV with a mini'mum, AC thickness of .25 feet. (CFC sec 902) 92: Fire Department vehicle access roads shall have a clear paved section of thirty- six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6),inches. (CFC 902.2.2.1) 93. Privat~e roads and alleys may be as narrow as 20 feet unobstructed travel width, not m~cludmg any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. 94. Prior to building construction, dead end road ways and streets in excess of one hundr~ed and fifty (150) feet which have not been completed shall have a R:\S F\Harveston SP~PC DOCs\29639-COA.doc 20 turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 95. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. 96. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions 99. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. OTHER AGENCIES 100. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated August 18, 2000, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 101. The applicant shall comply with the recommendations set forth in the County of Eastern Information Center, U.C. Riverside dated August 9, 2000, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31, 2001, a copy of which is attached. R:~S I:~ltarveston SPM~CDocs~29639-COA.doc 21 By placing m~ signature below, I confirm that I have read, understand' and accept all the abov,9 Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the ploject shall be subject to Community Development Department approval. Applicant Sigdature 22 DAVID P. ZAPPE General Manager-Chief Engineer ': RIVERSIDE COUNTY FLOO' C ONTROI. / AND WATER CONSERVATION DISTP City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: f.q'TT ~ / Ladies and Gentlemen: 1995 MARKET STREET PUVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX 51180.1 The District does not normally recommend conditions for land divisions or other land use cases n ncorporated cities. The Disthct also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. Disthct comments/recommendations for such cases are normal y mitad to items of specific ~nterest to the District including District Master Drainage Plan facilities, other regiona flood control and drainage facilities which could be considered a logical componenfor extension of a master plan system and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply Disthct approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: ~ This pr.oject would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to Distdct standards, and District plan check and insp.ecti,on will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels storm drains 36 inches or larger in diameter, or other facilities that could be considered regional in nature and/or a logical extension of the adopted M.a..ster..D..rain_age .P..lan. Th.e Distdct ,would consider accepti,ng .o~ershiD of sucl~ tacilities on wntten request .or me u~ty.. ~ac~fit[e.s.musr o~ cons[_m, cted to .uistrict s!anaara.s, a, nd District plan check and nspection wi De requireo mr uistric~ acceptance, i~lan checK, inspeclion ano administrative fees will be required. ,/ U/' This project is located within the limits of the District's ~'/J,/R&II~TP. C~._.,g./...~AHIPt (-~l~.~TRl./plsVAr~ea&'l''~' D, rain. age Plan for .which .drainage fees have been adopted; applicable teesjshould be paidby cashier's cnec~K or money order only to the Flood Control Distdct prior to issuance or' building or gradingpermits whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance ofJhe actua permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approva/should not be given until the City has determined that the project has been granted a berm t or s shown to be exempt. If this pr.oject inv..olves a Federal Emergen,.cy Management Age. ncy (FE.MA.~ mapp. ed flood plain then the City should require [ne appficant to provide all studies calculations, plans and omar inrormation re_quired to meet FEMA raquirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other t~nal approval of the project, and a Letter of Map Revision (LOMR) pdor to occupancy. If a natural watercourse or mapped flood plain is i_mpacted by this project, the. City should require the aDp?cant to obtain a ~ection 1601/1603 Agreement from the ualifomia Department of Fisn and Game and a Clean water Act Se,.ction 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies inoicating the prgject is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. C: V_.ery truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: fie HISTORICAL I~ESOURCES INFORNIATION ~YSTEM Igednesday August 9~ 1900 &:1gpm -~ Fr~m ,909 787 ~9' -- Page 2I ~ALIFORNIA ~~ ~'-~ August 9, 2000 Rk~ak~, CA 92521-0418 ~ (0~) ~7~74S Fax (90~) 787~09 TO: Patty Anders City of Tern~cula, Planning Department RE: Cultural Resource Review Case: PA 00-0295; Lennar Homes Financing Tentative Tract Map A Records at the E;stem Information Center of the California Historical Resources Information System have been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources: The proposed project ama has not been surveyed for cultu~'al resources and contains or ia adjacent to known mdtural resource{sD. A Phase I study is recommended. Based upon exlstingi data the proposed project area has the potential for containing cultural resources. A Phase I stud*/is recommended. A Phase I cult~ral resource study (MF # ) identified one or more cultural resources· ] I · o bilrt of containin , cultural resources However, due The project area contains, or nas the p ssi · y g . _ to the natulre of the iprojeCt or prior data recovery studies, an adverse effect on cultura~ resources is not anticipated. Further study is not recommended. A Phase I cultt~ ral resource study iMF ~9911247312664/2827) identified no cultural resources. Further study is not recommended. I ' There is a Iowiprobability of cultural resources. Further study is not recommended, If, during construction, cultural resources are encountered, work should be halted or diverted in the imrn~iate area while a qualified archaeologist evaluates the finds and makes recommendations. Due to the archaeol°gical sensitivity of the ares, earthmoving during construction should be monitored by a professioial archaeologist. The submission of e cultural resource management report is recommended following guidelines for Archaeologica! Resource Management Reports prepared by the California Off[ce of Historic Preservation, Pres,~veb'on Planning Bulletin 4(a), December 1989. Wtase I Records search and field survey -- Phase II Testing [Evaluate resource significance; propose mitigation measures tot 'significant' sires.] -- IVnase lit Mitigation [Data recovery by excavation, preservation in place, or a comb[nation of the two. I Phase IV MonitOr earthmoving activhies COM MEIr~q'S: If you h~ve any, uestions, please contact us, Eastern Information Center RTR iU:gO~b~41U07 HHY Ol'U1 ~;1~ NO.UU1 ?.U2 May 31, 2001 Riverside Transit Agency 1825 Third STreeT P.O. Box 59968 Riverside, CA 92517 Phone:(909) 684-08S0 F,~x: (909) 684-1007 City of Tcmccula Planning Dcpar~mem I met recently with Matt Fagan to discuss thc Harvcston Specific Plan. It appears that all attempts have been made to d~sign the project in a tmusit-friendly mamier, including thc open-ended clustering ofresidentlal units. The mixed-use; in the Village Green Center . arc also conducive to transit usage.. We hope to jointly design a pilot program to encourage transit usage and thc use of other alternatives to the single occupancy vehicle. It would be beneficial for the community to provide tnmsit access to adjacent are. as, such as thc Promenade Mall, middle and high schools and local employment centers. Please continue to keep us posted so we can maximize coordination of planning efforts. Thank you for the opporlunity to comment on this project. EXHIBIT B (For Attachment No. 3) CITY COUNCIL RESOLUTION FOR TENTATIVE TRACT MAP 29928 (PA 01-0030) R:~S P\Harveston SP~PC Docs\ PC STAFFRPT.doc 32 ATTACHMENT NO. B (For Attachment No. 3) RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0030- TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-180-003, 911-180-004, 911-640- 001 AND 911-630-003. WHEREAS, Lennar Communities filed Planning Application No. PA 01-0030 (Tentative Tract Map 29928), (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. R:XS PXHarveston Sl~City CouncilX29928--CC RESO.doc Secti¢ n 2. Findin.qs. That the City Council, in approving the Application, hereby makes, the follow~ng findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan ~nd the City of Temecula Municipal Code; and related contract ente~ land is subjs division of the The proposed subdivision map is consistent with the subject specific plan ~neral Plan Amendment. The tentative map does not propose to divide land which is subject to a ed into pursuant to the California Land Conservation Act of 1965, or the to a Land Conservation Act contract but the resulting parcels following land will not be too small to sustain their agricultural use; The site is physically suitable for the type and proposed density of development Proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions oflapproval are not likely to cause significant environmental damage or substantially and aVoidably injure fish or wildlife or their habitat as no sensitive spec es or hs~bitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific econbmic, social, or other considerations make infeasible mitigation measures or project alte~rnatives identified in the environmental impact report; G. Th deSign of the subdivisions and the type of improvements are not likely to cause senou~ publ.~c health problems; H. The design of the subdivisions provides for future passive or natural heating or coohng oppl ortunities 'n the subdivision to the extent feasible; I. THe deSign of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property wthin the proPosed subdivision, or the design of the alternate easements which are substantially ~quivalent to those previously acquired by the public will be provided. J. The sbbdivisions are consistent with the City's parkland dedication requirements (QuimbY). Sectioh 3. Environmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the Cahfornla Ehvironmental Quality Act Guidelines. All environmental impacts were prewously ~dent~fi~d and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring P~ ogram in order to approve the project. R:XS p~Harveston SP\City Council~.9928--CC PESO.doc 2 Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA 01-0030 (Tentative Tract Map 29928), the subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7, located within the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit B-l, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 16, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 911-180-003, 911-180-004, 911-640-001 and 911-630-003. Section 5. PASSED, APPROVED AND ADOPTED this ,2001. .day of A'I-FEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the of 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: OUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S P~Harveston SPxCity CouncilX29928--CC RESO.doc EXHIBIT B-1 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 29928 (PA 01-0030) R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 33 EXHIBIT B-1 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA01- 0030 (Tentative Tract Map No. 29928) Project Description: The subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7, located within the Harveston Specific Plan. Assessor's Parcel Nos.: 911-180-003, 911-180-004, 911-640-001, and 911-630-003. Approval Date: Expiration Date: June 20, 2001 June 20, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/appticant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:\S P~Harveston SI~PC Docs\29928-COA 4. The project and all subsequent projects within this site shall comply with all mitigation measuresI identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. 5. W/ithin thi~y (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final formI shall include all conditions of approval and all modifications made by the F'lanning ?ommission and City Council. 6. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban artenal roadway and will include a freeway interchange pursuant to the C~ty of Temecula General Plan Circulation Element. I td 7. The approva gran e by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Developr~ent Agreement adopted concurrently with this Resolution. 8. Notwithstanding any of the conditions contained herein, the Developer and the City may enter into~ a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding o~r construction of public improvements; 2) redefine the scope of any public improvemlent; 3) acquire or fund the acquisition of land for public purposes; and 4) waive :ny right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreemer~t for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489 inclusive, and further shall waive the same in the event of agreemefits, consistent with the foregoing, that require or include any or alt of the terms set forth ~mmed~ately above. Prior to Issuanc~e of Grading Permits 9. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula ¢lunicipall Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinanc~ or by providing documented evidence that the fees have already been pa d. I ; Prior to Recordation of the Final Map 11. The folio lng ~hall be submitted to and approved by the Planning Division: b. A A copy of the Final Map. copy of the Environmental Constraint Sheet (ECS) with the following notes: ,This property is located within thirty (30) miles of Mount Palomar 'Observatory. All proposed outdoor lighting systems shall comply with the ICalifornia Institute of Technology, Palomar Observatory 'recommendations, Ordinance No. 655. R:XS I~Har~,eston SP'u°C DocsL?.9928-COA 2) The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) 1) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. 2) 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. 3) 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) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: 1) Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 2) One (1) copy of the approved grading plan. R'\~ PXHarveston ~PxPC Docs\2992~-COA 3 3) 4) Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: Front yards and slopes within individual lots prior to issuance of occupancy permits for any lot(s). b. Private common areas prior to issuance of occupancy permits. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. All street frontage of school sites along General Plan and Specific Plan designated roadways. ~11 and Fence Plans consistent with the Harveston Specific Plan and the W Conceptual Landscape. ¢:. PrLcise Grading Plans consistent with the approved rough grading plans ~nclud~ng all structural setback measurements. 14. Roof-modnted mechanical equipment shall not be permitted within the subdivision, however ~olar equipment or any other energy saving devices shall be permitted with Planning ~an~ger approval. Prior to Issuance of Occupancy Permits 15. 16. 17. 18. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning.I The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Front yard and slope landscaping with n nd v dual lots shall be completed for inspection prior to ~ssuance of each occupancy permit (excluding model home complex structures). All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by thisI permit. R:XS P~Harveston SP~C Docs~29928~2OA PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. It is understood that the Developer correctly shows on the tentative map 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. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 21. 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. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District R:\S P~Harveston SP~PC Docs\29928-COA 5 k. G 24. ~neral Telephone ,uthetn California Edison Company rn. So~uthern California Gas Company The Developer shall construct the following public improvements to City of Temecula General P~lan Standards unless otherwise noted. Plans shall be reviewed and approved hy the Department of Public Works: a. Im~prove Street "B" (Modified Street Section per the Specific Plan - 100' Fi,NV) to in61ude dedication of half-width street right-of-way, installation of half-width street ~mprovements, paving, curb and gutter, sidewalk, street lights, drainage facilities, si~ning and striping, utilities (including but not limited to water and sewer), raised laidscaped median. b. ImProve Harveston School Drive - (Modified Street Section per the Specific Plan - 82' R/VV) to include dedication of full width street right-of-way, installation of full width Street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). (... ImProve Harveston Drive - (Modified Street Section per the Specific Plan - 66' R/~W) to include dedication of full width street right-of-way, installation of full width st[eet improvements, paving, curb and gutter, sidewalk, street lights, drainage fa~;ilities, signing and striping, utilities (including but not limited to water and s~wer).. I t "HH' '11 JJ" and "KK" 'Modfed Street Section per the d. ~mprove Stree s , , , - t Sl~ecific Plan - 66' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, st~'eet lights, drainage facilities, signing and striping, utilities (including but not lir~ited to water and sewer). I ~t t ........ OO, "PP", "QQ", "RR", "SS", 'q'T", and "UU" e. reprove ~ ree s "LL", MM, NN," " (Modified Street Section per the Specific Plan - 56' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, c~rb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities, (including but not limited to water and sewer). street Ail = improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. . A school Zone s~gnmg and striping plan, per Caltrans standards, shall be designed by a registered Civil Engineer for the school site within this project and in~clud~d with the street improvement plans for the project. Design shall also in~clude a warrant analysis for a flashing yellow beacon and if warrants are met, lall be installed by the Developer. 25. Unless design R:XSF~Har'¢cston SP~ ,therwise approved the following minimum criteria shall be observed in the 'the ~treet improvement plans: DocsX2 ~9928~OA a. Street centerline 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 Standard Nos. 207, 207A and/or 208. Streetlights shall be installed along the public streets and shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan to 5' width. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centedine radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. All units shall be provided with zero clearance garage doom and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 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. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33kv or greater, shall be installed underground 26. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 27. Relinquish and waive right of access to and from Margarita Road, Harveston School Road and Harveston Drive on the Final Map with the exception of any opening(s) as delineated on the approved Tentative Tract Map. 28. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 29. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency 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. R:\S PXHarveston SP~PC Docsk29928-COA 7 30. 31. 32. 33. 34. 35. 36. Any delinquent property taxes shall be paid. I ~t I Constraints Sheet (ECS) shall be prepared in conjunction with the An Environmen a Final Maplto delineate identified environmental concerns and shall be recorded with the map. A c0py~ of the ECS shall be transmitted to the Planning Department for review and approval. The Developer shall comply with all constraints, which may be shown upon an E:nwronmental Constraint Sheet recorded with any underlying maps related to the subject property. I' h II notify City's cable TV Franchises of the Intent to Develop. ]''he Devff~oper s a the Conduit sl~alt be installed to cable TV Standards at time of street improvements. Bus bays will be provided at all existing and future bus stops as determined by the E epartme,nt of Public Works in consultation with RTA and the Developer. Private dlainage 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 to the City where sidewalks meander through private property. 37. Easements, when required for roadway slopes, landscape easements, drainage facilities, ~tilities, 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 an~ recorded as directed by the Department of Public Works. On-site drainage facilities iocated outside of road right-of-way shall be contained within drainage easemen{s 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 Issuance of Grading Permits 38. As deeme]d necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: ,,I _.' R 'onalWater a~. ~an L.)~ego eg~ Quality Control Board I:,. Riverside Cou ty Flood Control and Water Conservation District ¢:. Pl!nning Department cl. D~partrnent of Public Works 39. A Grading~ Plan shall be prepared by a registered Civil Engineer in accordance with City of Temedula standards and approved by the Department of Public Works prior to commenc~ement of any grading. The plan shall incorporate adequate erosion control rneasure~ to protect the site and adjoining properties from damage due to erosion. 40. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Depa~ment of Public Works with the initial grading plan check. The report shall R:\S l:'XHarveston SPXl~C )~csk29928-COA 8 address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 41. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical . hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 42. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 43. The 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 (NOI) has been filed or the project is shown to be exempt. 44. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 45. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 46. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 47. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 48. Final Map shall be approved and recorded. 49. 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. R:~S PXHarveston SP~PC Docs~29928-COA 9 50. Grading, the'subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading perm t, C ty Grad ng Standards and accepted grading construction practices. The final grading plan shall be in substanbal conformance w~th the approved rough grading plan. 51. The D I eve oper shall pay to the City the Public Facilities Development Impact Fee as required by, and ~n accordance w~th, Chapter 15.06 of the Temecula Municipal Code and all Resolubons ~mplement~ng Chapter 15.06 unless otherwise provided for by a written agreemeit betWeen the City and the Developer. Prior to IssuanCe of Certificates of Occupancy 52. A d seemed necessary by the Department of Public Works, the Developer shall receive wmten clearance from the following agencies: a. Ra~ ncho California Water District / b. Ea~stern Municipal Water District c. D~partment of Public Works All necessary Certifications and clearances from engineers, utility companies and public ~genc~es shall be submitted as required by the Department of Public Works. All improvemen s s a De constructed and completed per the approved plans and City standard~ to the satisfaction of the Director of Public Works. 53. 54. 55. The existing improvements shall be reviewed. Any appurtenance damaged or broken clue to the construcbon operabons of th~s project shall be repaired or removed and replaced 1~o the~ satisfaction of the Director of Public Works. COMMLINITY SERVICES DEPARTMENT The Temecula C,emmunity Services District (TCSD) has reviewed Tentative Tract Map No. 29928 and provides the following conditions of approval: enera equlremen[s 56. A s ope/~andsCape plans submitted for consideration for TCSD maintenance shall be in conformar~ce With the City of Temecula Landscape and Irrigation Specifications and . Installation Details and Park Land and Landscape Dedication Process. 57. All perim~eter §lope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for ded~cabon to the TCSD as a maintenance easement on the hnal map. Underlying cwnersh~p~ of the respectwe areas shall remain w~th the individual property owner or the Homeown,er's ~Association. All other landscape areas, open space, entry monumentatioh, signage, pedestrian portals, bus shelters, fences and walls shall be maintaine~ by ihe Homeowners Association (HOA), private maintenance association or property ownerI R:\S PXHarve stoa SPXPC Docs\29928-COA 58. 59. 60. 61. Construction of the proposed TCSD landscape maintenance areas and landscape medians shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. Class II bicycle lanes on both sides of the Loop Road (Harveston Drive), Harveston School Drive, Street "B", Date Street and Margarita Road shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. The developer is entitled to receive a credit against the park component of the City's Development impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area 1 of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. Prior to Approval of the Final Map 62. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 63. 64. 65. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas and landscape medians shall be reviewed and approved by the Director of Community Services. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas and landscape medians. 66. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 67. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy RAS PXHarveston SPXPC Docs~29928-COA 11 68. Prior to tt~e issuance of the first certificate of occupancy within each phase map, the developer;shall submit the most current list of Assessor's Parcel Numbers assigned to the hnal project. : 69. I1: shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT ' The following are~ the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions sba be referred to the Fire Prevention Bureau. 7 I 0. F'nal fire and life safety conditions wi be addressed when building plans are reviewed by the Fir~ Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are n force at the time of building plan submittal. 71. 72. approval protection gi:ven abo m-A) The Fire ~Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendx A, Tab e A-III-A-1 The developer shall provide for this project, a iwater system capable of delivering 1500 GPM at 20-PSI residual operating pressure With a 2-hour duration The required fire flow may be adjusted during the )recess to reflect changes in design, construction type, or automatic fire measures as approved by the Fire Prevention Bureau. The Fire Flow as /e ha~ taken into account all information as provided. (CFC 903.2, Appendix The Fire 'revention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on~l Fire ~Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The requ r~d f re f ow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix 73. 74. R:\S l?xttatvestoa SPXPC D, cs\29928-COA Tl3e Fire P~revention Bureau is required to set a mimmum fire flow for commercial land division per CFC Appendix Ill-A, Tab e A- -A-1 The developer shall provide for this project, a ~vater system capab e of de vet ng 4000 GPM at 20-PSI residual operating pressure ,~,ith a 4 hour duration. The required fire flow may be adjusted during the approval @receSs to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above ha~ taken into account all information as provided. (CFC 903.2 Appendix Tile Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix I'll-B, Table A-Iii-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be Io.ated oniF~re Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any ~oint ~n the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade o' ex~sting fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2). Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) R:\S P~Harveston SP~PC Docs\29928-COA 85. All manu and electronic gates on required Fire Department access roads or gates obstrucbng Fire Department building access shall be provided with the Knox Rapid entry system foi emergency access by firefighting personnel. (CFC 902.4) pecia ~;onaitions 86. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fir~ prevention for approval. BUILDING AND SAFETY DEPARTMENT 87. All design California California the Teme~ components shall comply with applicable provisions of the 1998 edition of the Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; Administrative Code, Title 24 Energy and Disabled Access Regulations and :ula Municipal Code. 88. 89. Submit at timeof plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor li{]hting shall be shown on electrical plans submitted to the Department of Building ahd Safety. Any outside lighting shall be hooded and directed so as not to shine directly up~on adjoining property or public rights-of-way. A receipt 9r clearance letter from the Temecula Valley School District shall be submitted to the Bui!ding :& Safety Department to ensure the payment or exemption from School Mitigation Fees~ 90. 91. 92. 93. 94. Obtain all plans checks and permit approvals prior to commencement of any construction work C brain street addressing for all proposed buildings prior to submittal for plan review. Disabled access, from the public way to the main entrance of any public building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross,slope, travel slope stripping and signage. Provide all details on plans (California Disabled. Access Regulations effective April 1, 1998). Al pub c b,u d ng and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 95. 96. Provide electriCal plan including load calculations and panel schedule, schematic !and mechanical plan for plan review. Truss ca cuationsl I that are stamped by the engineer of record and manufacturer engineer are required for plan review submittal. plumbing the truss 97. P~'ovide pr R:\S P'xHar'~e~ton SP'ff'C D .~cise;grading plan for plan check submittal to check for handicap accessibility. ~cs~9928-COA 98. Show all building setbacks 99. Post conspicuously at the entrance to the project the hours of construction as allowed by City of Temecula Ordinance #0-90-04, and specifically Section G (1) of the Riverside County Ordinance # 457.73, for any site within one-quarter mile of an occupied residence. Construction hours are as follows: Monday - Friday Saturday 6:30 a.m. - 6:30 p.m. 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Code Holidays OTHER AGENCIES 100. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated February 25, 2001, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 101. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 103. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated Ma 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:\S PXHarveston SI~C Docs~29928-COA,doc 15 DAVID P. ZAPPE General Manager-Chie f Engifieer City of Temecula Planning De[~artment Post Office EIox 9033 Temecula, California 92589-9033 Attention:_ l/ Ladies and Gentlemen? RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX 51180.1 Re: rrg (Pnol-oo3 ) The Dist~m ~ces not no.ally re.remand ~ndifions for land divisions or o~er land use ~ses in ince~orated ~ties. ~e Distfi~ als0 does not plan check d~ land use ~ses, or pro.de State Diwsion of Real Estate leffem or o~er flood h~ard rep0~s for such ~ses D stn~ comment~re~mmendations for such cases are no.ally limited to items of ~c interest to ~e Distd~ including Dis~ Master Dra nage Plan facilities, other regional flood ~n~l and drainage facilities whi~ ~uld be ~nsider~ a ~ ~ ~mponenfor e~ension of a master plan system, and Dist~/~a uminage Plan fees (development mitigation f~s). In addition, info~ation of a general nature is pm~d~. ] , ~e Dis~M has not m~ewed the proposed pmje~ n detail and ~e follo~ng ~ecked ~mments do not in any way consti~e or [~ply Distfi~ approval or endomement of ~e pmpos~ project ~th respect to fl~d h~ard, public health and sam~ or any other such issue: ~ ~is prgject would not be impacted by Dstd~ Master Drainage Plan facilities nor are other fac tes of regional ~nterest proposed. I , ~is proje~ involves District Master Plan facilities. ~e Dist~ will accept ownership of such faci it es on ~en mquest~of ~e ci~. Facilities must be ~ns~ed to D s~M s~ndards, and Dis~ plan check and inspe~on ~ be required for Dist~ a~eptan~ Plan che~, insp~tion and administmbve fees ~11 be required. ] ' This project proposes channels, sto~ drains 36 nches or arger in diameter, or other facilities that could be ~nmdemd regional in nature an~or a Iogi~l e~ension of the adopted M~ster Drainage Plan. ~e Dist~ct woul8 ~nsider a~pfing o~emhig ct such fa~lmes on wnEen request m ~e Ci~. Facilities must be ~nstm~ed to D sM~ s~ndards, and DisMct plan ~e~ and insp~on will ~ mquir~ for ~ist~ a~ptan~. Plan ch~k, inspe~on and adminis~five fees ~11 be required. . . , ummage ~an ilor ~icn ~ramage lees nave been adopted; app ~D e tees ~Nould De pala Dy ~shJe~s check or money order only to ~e Flood Control Distd~ p~or 1o issuance of building or grading pe~its. ~ichever ~m~s first. Fees to be paid should be at ~e rote in effem at the ~me of issuance ofJhe a~ual pe~it. GENE~L INFORMATION ~is projem may require a National Pollutant Discharge Elimination system (NPDES) permit from the State Water Resour~s Con~l Board. Clearance for grading, re~a~on or other final approva/should not be g van until ~e Ci~ has determined ~a~ the p~roj~ has been granted a pe~it or is sho~ to be exempt. . - If ~is pmj~ involves a~Fedeml Emergency Management Agency (FE~} mapped flood p an. then ~e Ci~ should ~uire the appli~nt to pm~de all studies, ~1~ afions, pans and o~er ~o~ation mguired to meet FE~ requirements and should fu~er require that the appli~nt obtain a Conditional LeRer of Map Rev s on (CLOMR) prior to grad rig, m~rda~on Or other final app~val of ~e projem, and a Le~er of Map Revision (LOMR) pdor to o~pa~. ' I If a natural ~ater~ume or mapped flood plain is impamed by this projem, the Ci~ should require the appli~nt to obtain a S~;[on 1601/1603 Agreement from the California Depa~ment of Fish and Game and a Clean Water A~ Se~on 4~ Pe~it ~m ~e u.s. A~y Co~s of Eng neem. or ~en ~uespondence from these agencies indicting ~e proje~ is exempt from these requirements. A Clean Water A~ Se~on 401 Water Qua N Ce~fion may be required lmm tNe Io~l California Regional Water Qua ~ Control Board prior to issuance of the Co~s 404 pe~it. Very truly yours, STUART E. MCKIBBIN Senior Civil Engin..~er COUNTY OF RIVERSIDE · HEAL71-1 SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALT} February 22, 200l City of Temecula Plmming Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Patty Anders, Associate Planner RE: TENTATIVE TRACT ~VL~P NO. 2992~ CITY RIVERSIDE, STATE OF CALIFORNIA. (1 LOTS) OF TEMECULA, COUNTY OF Dear Gentlemen: I. The Department of Environmental Health has reviewed Tentative Tract Map No. 2992.~and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Environmental 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 equal's 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, and Chapter 7 of the Califomia Health and Safety Code, Califomia Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of Califomia, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the xvater system in Tentative Tract Map No. 2992~is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map". This certification does not constitute a guarantee that it will supply water to such 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 PRIOR to the request for the recordation of the final map. This subdivision has a statement fi.om Rancho Califomia 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. Local Enforcement Agency * RO. Box 1280. Riverside. CA 92502-1280 * (909) 955-8982 * FAX t9091 781-9653 * 4080 Lemon Street, 9th Floon Riverside. CA 92501 City of Temecula Page Two Attn: Patty Anden February 22, 2001 'lanning De This subdivisio~ 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 D~stnct, the City of Temecula and the Environmental Health Deparhnent. Permanent pnnts 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 ihe new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered ?ng~neer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map No. 2992..~ is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system ~s adequate at this t~me to treat the anticipated wastes from the proposed Tract Map". The plans must be submittled to the City of Temecula's Office to review at least two weeks PRIOR to the I . 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. It will 'be necessary for the annexation proceedings to be completely finalized PRIOR to the recorda :~on of the final map. 7. Additional apprc all tenants opera' Sincerely, Sam Martinez, Supe~ SM:dr (909) 955-8980 val from Riverside County Environmental Health Depm'tment will be required for ing a~food facility or generating any h~ardous waste. ~nvironmental Health Specialist Boztrd of Dnmctors January 25, 2001 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 29928 HARVESTON SPECIFIC PLAN PLANNING APPLICATION NO. PA01-0030 Dear Ms. Anders: *lohn F. Hennigar General Manager Phillip I* Forbes 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. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. District Seer e t ary/AcLminist r ative In our previous correspondence to Debbie Ubnoske dated December 5, 2000, Be~t Best&KriegerLLP RCWD requested that the developer consider the use of recycled water for the ~;~a~ co~ proposed pond to be located in this development and for an), other appropriate uses. We request that the developer discuss these requirements with RCWD staff. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager RTl% i' t' Riverside Transit Agency 1825 Third Street P.O. Box 59968 May 31, 2001 ' u · , .~, . Riverside, CA 92517 · . -'Y~ Phone:(909) 684-0850 ' .'~'~--'--~-~"'""~....~.--~_~. Fax: (909) 6M-1~7 City of T~ccula . I m~ r~enQy ~ Matt Fag~ to discuss the Harveston Specific PI~. It appem that a~ ha~e b,m mado to d~i~ the pmj~t in a t~mit-ffiendly miner, inelud~g op,n-~ded elust~ng ofre,id~tlal unit~. '~e mixed-u~e~ in the Village Green W~ hope to~ointiy design a pdot ~grm to ~coumge ~it u~age and the u~e of other ~t,mativ,~ito tho ~ngle occupancy vehicle. It would bo b~eficial for tho community to pmhd, ~sit ae,~s to adj,,rtl a~, ~uch ~ thc Promenade Mall, middle and high ~,hoo~, md local. ~ployment Plume con~nue to keep a~ po~t~ ~o we can maximize ~o~ination of planning offo~. Thank you fo)' the opporlunily to commont on this project. Plmning Directo'T'~' EXHIBIT C (For Attachment No. 3) CITY COUNCIL RESOLUTION FOR TENTATIVE TRACT MAP 29929 (PA 01-0031) R:\S P~-Iarveston SP~PC Docs\ PC STAFFRPT.doc 34 ATTACHMENT NO. C (For Attachment No. 3) RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING OF PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261- 001, 910-261-002, 911-180-002, 911-180-003, 911-180-004 AND 911- 180-015. WHEREAS, Lennar Communities filed Planning Application No. PA 01-0031 (Tentative Tract Map 29929 the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: R:[S P~Harveston SFXCity CouncilL29929--CC RESO.doc Sectio 1. That the above recitations are true and correct and are hereby incorporated b:~ reference. Sectio~n 2. Findin.qs. That the City Council, in approving the Application, hereby makesl the following findings as required in Section 16.09.140 of the Temecula Municipal Cod~. A. The proposed subdivision and the design and improvements of the subdivision is Cons Stent w th the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; and related The proposed subdivision map is consistent with the subject specific plan ~neral Plan Amendment. C. iThe tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land i,,s subjectlto a Land Conservation Act contract but the resulting parcels following division of the land Will not be too small to sustain their agricultural use; D. iThe 'site is physically suitable for the type and proposed density of development p;ropoSed by the tentative map; E. iThe design of the subdivisions and the proposed improvements, with condil:ions of approval, are not likely to cause significant environmental damage or substantially and avoidably ~njure fish or w~ldhfe or their habitat as no sensitive species or habitant ex~st w~th~n the proJect boundar es F. ~An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specit~c economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. Th~ design of the subdivisions and the type of improvements are not likely to cause serious pubhc health problems; H. The{ design of the subdivisions provides for future passive or natural heating or coohng opp~)rtun~hes ~n the subdlwslon to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property w~thm the proposed subd v s on, or the design of the alternate easements which are substantially ~luivaient to those previously acquired by the public will be provided. J. Tt subdivisions are consistent with the City's parkland dedication requirements (Quimby). Section {3. Environmental Compliance. Residential projects approved under a SPecific ~ ' Plan, are exempt from further environmental review pursuant to Section 15182 of the California EnVironmental Quality Act Guidelines. All environmental impacts were previously ider~tified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Pro'gram in order to approve the project· R ~S p~larveston SP~C~ty Counc~lX29~29-CC RESO doc Section 4. Conditions. The City Council of the City of Temecula approves Planning Application' No. PA 01-0031 (Tentative Tract Map 29929), the subdivision of approximately 20 acres into 118 residential lots and 3 open space lots in a portion of Planning Areas 3 and 4, located within the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit C-1, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 910-261-001,910-261-002, 911-180-002, 911-180- 003, 911-180-004 and 911-180-015. Section 5. PASSED, APPROVED AND ADOPTED this day of ,2001. A-FI'EST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the of 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:xS P~Harveston SP\City Counci1~29929-CC RESO.doc 3 EXHIBIT C-1 (For Attachment No. 3) CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 29929 (PA 01-0031) R:~S P',Harveston SP~C Docs\ PC STAFFRPT.doc 35 EXHIBIT C-1 ClTY OFTEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA01- 0031 (Tentative Tract Map No. 29929) Project Description: The subdivision of approximately 20 acres into 118 residential lots and 3 open space lots in a portion of Planning Areas 3 and 4, located within the Harveston Specific Plan Assessor's Parcel Nos.: 910-261-001, 910-261-002, 911-180-002, 911-180-003, 911-180- 004 and 911-180-015. Approval Date: Expiration Date: June 20, 2001 June 20, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, uniess modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:\S I~Harveston SP~I~C Docs\29929-COA Tile proje(: and all subsequent projects within this site shall comply with all mitigation measures lidentified within the Final Environmental Impact Report for the Harveston Slaecific Plan, and the approved Mitigation Monitoring Program thereof. 5. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Plann ng Department in final form for review and approval. The final form Ishall include all conditions of approval and all modifications made by the Planning C~ommission and City Council. 6. The Devel0per'l shall disclose to all home buyers that Date Street is planned to be a six (6) lane uiban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. ranted b this Resolution 7. The appro~va~ g y shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. 8. Notwithstanding~ any of the conditions contained herein, the Developer and the City may enter intola development agreement, pursuant to Government Code Section 65864 through 65869:5 or other agreement(s) requiring the Developer to: 1) advance the funding o[ construction of public ~mprovemen s; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any rightI to ,reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreemen~ for. reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such r.~mbursement' pursuant to and consistent with California Government Code Sections 66485 thr~ough 66489, inclusive, and further shall waive the same in the event of agreements consistent with the foregoing, that require or include any or all of the terms set forth ~mmed~ately above. Prior to Issuancb of Grading Permits 9. A copy ofi the Rough Grading plans shall be submitted and approved by the Planning r)ivision. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Record; ~tion iof the Final Map 11. The follo~ing Shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. A ~opy icl the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. R:\S P'~arveston SP~C Docsk29929-CO ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. 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. iii. 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) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:~S F~Harveston SPh°C Docs~29929-COA 1) Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 2) One (1) copy of the approved grading plan. 3) Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). 4) Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: i. Front yards and slopes within individual lots prior to issuance of occupancy permits for any lot(s). ii. Private common areas prior to issuance of occupancy permits. iii. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. iv. Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. v. All street frontage of school sites along General Plan and Specific Plan designated roadways. b. Wall and Fence Plans consistent with the Harveston Specific Plan and the Con~ceptual Landscape Plan. c. Pre ise Grading Plans consistent with the approved rough grading plans including all siructural setback measurements. 14. Roof-mo nted mechanical equipment shall not be permitted within the subdivision, however ~solarl equipment or any other energy saving devices shall be permitted with Director (Jr Planning approval. 2' Prior to Issuan e of Occupancy Permits 15. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. I : ' e lant~n and irri ation shall be insta ed 16. ~.11 requir~ed lanoscap p ' g g consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning.! The plants shall be healthy and free of weeds, disease, or pests. The irrigation ~systffm shall be properly constructed and in good working order. 17. ':rent var~t~ and slope landscaping within individual lots shall be completed for inspection i3rior t~ is~suan~e of each occupancy permit (exctuding model home complex structures). 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. It is understood that the Developer correctly shows on the tentative map alt 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. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 2I. 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. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works R:~S PXHarveston SI~uC Docsk29929~2OA 5 24. 25. h. Ri~ erside County Health Department i. Cable TV Franchise j. Community Services District I. Sc rn. Sc neral Telephone Jthern California Edison Company Jthern California Gas Company The Developer' shall construct the following public improvements to City of Temecula General Pian standards unless otherwise noted. Plans shall be reviewed and approved by the Del~artment of Public Works: a. Improve~ Street "AA" from Street "EE" to Harveston Drive - (Modified Street Sebtion per the Specific Plan - 66' R/W) to include dedication of full width street right-of-Way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (in~ludihg~ but not limited to water and sewer). b. Im~3rove Street "DD (Modified Street Section per the Specific Plan - 60 R/W) to indlude .dedication of full width street right-of-way, installation of full width street ~mprovements, pawng, curb and gutter, sidewalk, street lights, drainage facilities, siCning and striping, utilities (including but not limited to water and sewer) · c. Im rove Streets "AA", "CC", "EE", "FF", and "GG" (Modified Street Section per the Specific Plan - 56' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, str~eet lights, drainage facilities, signing and striping, utilities (including but not lir~ited to water and sewer). ¢1. I prove Street "BB" (Modified Street Section per the Specific Plan - 46.5' R/W) to include.dedication of full width street right-of-way, installation of full width street ~mprovements, paving, curb and gutter, sidewalk, street lights, drainage facilities, s~¢ning,and str'p'ng, utilities (including but not limited to water and sewer). I , e. All street improvement design shall provide adequate right-of-way and pavement tr~nsiti°ns per Caltrans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the s!reet improvement plans: a. St,reet 'centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207 and/or 207A c. Slreetlights shall be installed along the public streets and shall be designed in accordance w~th Specific Plan Standards. R:XS PxHarveston SPXPC DocsL2~929-COA 26. 27. 28. 29. 30. 31. Concrete sidewalks shall be constructed in accordance with City Standard Nos, 400 and 401or as modified in the Specific Plan to 5' width. eo Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centedine intersections shall be at 90 degrees. i. All knuckles shall be constructed in accordance with City Standards No. 602 j. All cul-de-sacs shall be constructed in accordance with City Standards No. 600 All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 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. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33kv or greater, shall be installed underground A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. Relinquish and waive right of access to and from Harveston Drive on the Final Map with the exception of any opening(s) as delineated on the approved Tentative Tract Map. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency 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. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the R:\S ~Harveston S~PC DocsX29929-COA ? map. A c )py of the ECS shall be transmitted to the Planning Department for review and approval. 32. The Dew,loper shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject pr~. perry. 33. The Deve, loper shall notify the City's cable TV Franchises of the Intent to Develop. Conduit sl~all be installed to cable TV Standards at time of street improvements. 34. A 20 foot easement shall be dedicated for public utilities and emergency vehicle access for all prwate streets and drives. 35. Private d,rainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 36. Easements, when required for roadway slopes, landscape easements, drainage facilities ~tilities, etc., shall be shown on the final map if they are located within the land division bbundary. All offers of dedication and conveyances shall be submtted for review an~l recorded as directed by the Department of Public Works. On-site drainage facilities iocated outside of road right-of-way shall be contained within drainage ~.asement~s and shown on the final map. A note shall be added to the final map stating, ".drainagelleasements shall be kept free of buildings and obstructions." I ' radon Prior to Issuanc? of G ' g Permits 37. As deeme~d necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: 38. 39. ~. San Diego Regional Water Quality Control Board I t b. Riverside Coun y Flood Control and Water Conservation District c. PI;nning Department I ' d. De~partment of Public Works e. Riverside County Health Department I ' f. Commgnity Services District A Gradin~ Plan shall be prepared by a registered Civil Engineer in accordance with City of Temebula ~tandards and approved by the Department of Public Works prior to (;ommencemeat of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. A Soils R?port;shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address fall Soils conditions of the site, and provide recommendations for the construction ofI engineered structures and preliminary pavement sections. R:\S ~Harveston SP~PC Docs\29929-COA 8 40. 41. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate out'fall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 42. The 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 (NOI) has been filed or the project is shown to be exempt. 43. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 44. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 45. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 46. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 47. Final Map shall be approved and recorded. 48. 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. 49. Grading of the subject property shall be in accordance with the California 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. R:~S PXHarveston SP~PC Docs~29929-COA 9 50. The Developer shall pay to the City the Public Facilities Development Impact Fee as required I~y, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. Prior to Issuanc of Certificates of Occupancy I' ' th D rtment of Public Works, the Developer shall receive 51. As deemed necessary Dy e epa written cle~arance from the following agencies: a. R;ncho. California Water District b. Ealstern' Municipal Water District D!partment of Public Works O. 52. All necessary Certifications and clearances from engineers, utility companies and public agencies ~hall be submitted as required by the Department of Public Works. 53. All improVements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 54. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construcbon operations of th~s project shall be repa red or removed and replaced to the sabsfact~on of the Director of Public Works. COMMUNITY SERVICES DEPARTMENT General Requiremen ,s , I ..... ben shall be in conformance with the 55. All s~ope/l~anosCape pmns suDmitzed for consioera ' ' City of Te~mecula Landscape and Irrigation Specifications and Installation Details and Park Land and ILandscape Dedication Process. !, 56. All perim ter Slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas shall be identified and offered for dedicatior~ to the TCSD as a maintenance easement on the final map. Underlying ownershil~ of the respective areas shall remain with the individual property owner or the Homeown'er's ; Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters and walls shall be maintained I:,y the Homeowners Association (HOA), private maintenance association or property owner. I 57. Construction of the proposed TCSD landscape maintenance areas shall commence i:iursuant ~to a lpre-construction meeting with the developer and TCSD Maintenance Superintendeni. Failure to comply with the TCSD review and inspection process may prec ude acceptance of these areas rote the TCSD maintenance programs. R:X.S P~iarveston SP~C Docs~29929-COA 58. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 59. Class II bicycle lanes on both sides of the Loop Road (Harveston Drive) shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 60. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area 1 of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. Prior to Approval of the Final Map 61. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 62. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 63. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services. 64, The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas. 65. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 66. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy 67. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 68. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. R:~S P~Harveston SP~C Docs~29929-COA 11 FIRE DEPARTMENT The following are~ the 'Fire Department Conditions of Approval for this project. All questions regarding the meaning'of these conditions shall be referred to the Fire Prevention Bureau. 69. Final fire and life safety conditions will be addressed when building plans are reviewed by the Rre Prevention Bureau. These conditions will be based on occupancy, use, the California IBuilding Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 70. The Fire iPrevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a Iwater system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protectioni measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix 71. The Fire prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located or~ Fire: Department access roads and adjacent public streets. Hydrants shall be spaced atl500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The requiied fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade df existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix 72. The Fire ~Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, alwater system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval ~process to reflect changes in design, construction type, or automatic fire ~rotectionl measures as approved by the Fire Prevention Bureau. The Fire Flow as iven abo~e has taken into account all information as provided. (CFC 903.2, Appendix i~l-A) . 73. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendixllll-B,! Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at1350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flew shall be available from any adjacent hydrant(s) in the system. The upgrade 6f existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 74. Maximum] cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3 CFC 902.2.2.4) R:~S P~larv,eston SPXPC Docsk29929-COA 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GV~N with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access, Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions R:~S PXHarveston SPXPC Doc¢,29929-COA 85. Prior to c( ~nstruction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact firi prevention for approval. BUILDING AND SAFETY DEPARTMENT 86. All design components shall comply with applicable provisions of the 1998 edition of the California IBuilding, Plumbing and Mechanical Codes; 1998 National Electrical Code; CaliforniaIAdmlnistrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 87. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordin~ance No. 655 for the regulation of light pollution. All street lights and other outdoor li~]hting shall be shown on electrical plans submitted to the Department of Building a~d Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. receipt or clearance letter from the Temecula Valley School District shall be submitted to the Buil,ding i& Safety Department to ensure the payment or exemption from School r/litigation Fees. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. Obtain all 3lan checks and permit approvals prior to commencement of any construction work. Obtain str~ ~et addressing for all proposed buildings prior to submittal for plan review. Disabled access from the public way to the main entrance of any public building is required. The path of travel shall meet the California Disabled Access Regulations in t~,rms of ~ross :slope, travel slope stripping and signage. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). . A pub c b,u d ng and fac t es must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1 !;)98). Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. P.~ovide electriCal plan including load calculations and panel schedule, plumbing schematic ~and mechanical plan for plan review. Truss calculatiOns that are stamped by the engineer of record and the truss manufactuier e~gineer are required for plan review submittal. P~'ovide pr~ecise,grading plan for plan check submittal to check for handicap accessibility. Show all building setbacks I , Post conspicuously at the entrance to the project the hours of construction as allowed by City of Te~ecuila Ordinance #0-90-04, and specifically Section G (1) of the Riverside R:\S IP',Harveston SP~PC D ~cs~29929-COA OTHER AGENCIES 99. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated February 25, 2001, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 100. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 101. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:~S P~Harveston SPXPC Docs'O.9929-COA.doc 15 DAVID P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTR } \':, AND WATER CONSERVATION DIST/t2IC 5 ' Planning uepartment I. x~, r ~- ~' Post Office Box 9033 \/~,\\ \ Temecula, California 92589-9033 \~ J Attention:_ P~TT~ ~] r/~)~-~ Ladies and Genfleme/n! Re' '"~'F/ Z~c)'~Zc~ (PAO~'OO3 The Distd~ does not ~no~ally recommend conditions for land divisions pr other land use ~ses in inco~omted c ties The 3istd~ als0 dogs not plan che~ ci~ land use ~es or provMe Staty Division of Real Estate leRers or o~er flood h~ru re. As mr sucn cases, oisM~ ~mments/m~mmendations mr such ~ses are no.ally limited to tems of sp~ific ~nterest to the Distd~ including DisM~ Master Drainage Plan facilities, other regional flood ~n~o and drainage fadlitieS whiyh ~uld bp ~nsidered a Iogi~l ~nentor e~pnsion of a master plan s~stem, and DisM~ ~ea urainage Plan l~s (devetopment mRigafion tees}, n add fion, nTo~at on of a genera nature s provided. ~ ' ' ~n 'afl and the follo~n checked comments do ~e Dist~ has not reviewed the prgposeo proje~ ' del ' ' g not in any way ~nstit~e ,or [~ply Distd~ appmva~ or endomement of the pmpos~ project ~th respect to flood h~ard, public heal~ anu sam~ or any other such issue: t/ ~is Dmie~ ~ould not be impaMed by Distd~ Master Drainage Plan facilities nor are other facilities of mgiofialinter~t~ proposed. - ~is pmje~ i~volves Distdct Master Plan fa~lities. ~e DisMct will accept ownership of such facilities on ~[en request of th® Ci~ Fac t es must be ~ns~cted to Distd~ standards, and Distdct plan check and insp~on ~[I be required for District a~eptance. Plan che~, insp~ion and administmflve fees will be required. ~i ~ oroie~ nm~oses ~annels, storm drains 36 inches or larger in diameter, or other facilities that could be ~nsMe~ed ?eg bnal in nature ancot a Iogi~l e~ension of th~adopted Master Drainage Plan. ~e Dis~ would mnsider a~ptipg 9~emhip ot suqn ta?li~s on.wnnen [eque~ of fl~e Ci~. Fadliti~ must be mnstm~ed to Disffi~ s~nearus, and D~sffi~ p~an checK an~ insp~on be required for Distfi~ a~ptan~. Plan ~eck, inspe~on and adm~ms~tive fees ~11 ~ required. ' ' ' Vg[C*7 Drainage Plan for Which drainage roes nave peen aeopted; appli~ble tees s~oulU be pa~a by msmers check or money order only to the Flood Control Distd~ pdor m issuance of building or grading pe~its, ~ichever ~mes flint. Fees to be paid should be at the rote in effe~ at the time of issuan~ of[he a~ual pen~it. GENE~L INFORMATION ' I Th s proje~ may require a National Poll~ant Dis~arge Elimination System (NPDES) permit from the State Water Resour~s Contra Board. Clearun~ for grading, recordation or o~er final ~pproval~hould not be given until the Ci~ has detemined ~at ~e proje~ has ~en gmnt~ a pe~it or is sno~ to De exempt. . If ~is p~j~t involves ~ Federal E~erg~n~ Management Ag~nw (FE~ mapEed flqgd plain,.th~n.the Ci~ require me app rant ~to provMe all stueies, m cu afions plans eno omer imo~a[~on re~ulree [o meet requ rements, and should fU~er require ~at the applicant obtain a Conditional Le~er of Map Revision (CLOMR) pdor to gruding, recordation or other final approval'of the proje~, and a Leffer of Map Revision (LOMR) pdor to omupan~. ~ f a natural water~ume or mapped flood plain is impacted by this proje~, the Ci~ should require the applimnt to ob~in a Se~on 1601/1603 Agreement from the Califom a Depa~ment of Fish and Game and a Clean Water A~ Se~ion 4~[ Pemit from the U.S. Amy Co~s of Eng ricers, ? ~ffen. [off~spoo~p~ce' fr~m ~.e~ ~[en~ies indim~ng the pmje~ S exempt from ~ese requ~ruments. A Clean water Am ue~on ~u~ water uua~iw uemn~tion may be required -~om the lo,al Cal~omia Regional Water Ouali~ ConSol Board prior to issuance of the Co~s 404 pe~it. 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX ~/ery truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: ~-"r° ~ City of Temecula Planning De Page Two Attn: Patty Anders February 22, 200l 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 Environmental 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 waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the server district with the following certification: "I certify' that the design of the sewer system in Tentative Tract Map No. 29929 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". 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. 5. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map. 6. It will be necessary for the annexation proceedings to be completely finalized PRIOR to the recordation of the final map. 7. Additional approval from Riverside County Environmental Health Department will be required for all tenants operating a food facility or generating any hazardous waste. Sincerely, ~Sam M~'~n~nvi rotan ental Heal th Specialist SM:dr (909) 955-8980 COUNTY OF RIVERSIDE · HEAUI 1-1 SERVICES AGENCY , ' ,,DEPARTMENT OF ENVIRONMENTAL HEALTH February 22, 2001 City of Ten~lecula PI; P.O. Box 9033 Temecula, CA 9258 liming Department 9-9033 ATTN: Patty Ander~, Associate Planner RE: TENTATIV~ TRACT MAP NO. RIVERSIDE, STATE OF CALIFORNIA. (1 LOTS) 29929: CITY OF TEMECULA, COUNTY OF Dear Gentlemen: 1. The Department of EnVironmental Health has reviewed Tentative Tract Map recommends: No. 29929 and / A water system !hall be installed according to plans and specifications as approved by the water I · company and the EnvlrorLmental Health Department. Permanent prints of the plans of the water system shall be slubmitted in triplicate, with a minimum scale not less than one-inch equal's 200 feet, along with the original drawing to the City of Temecula. The pnnts shall show the internal pipe diameter, lo,cation of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junc!ion 6f the new system to the existing system. The plans shall comply in all respects with Di?. 5, Part 1, and Chapter 7 of the California Health and Safety Code, California Administrative C~ode,, 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 engtneer and wat,er company with the following certification: "I certify that the design of the water system in Tentative Tract Map No. 29929 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map". This certification does not constitute .I . a guarar, ttee that it will. supply water to such 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 PRIOR to the request for the recordation of the final map. This subdivision has a, statement from Rancho California Water District agreeing to serve domestic water to each alnd eyery 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. Local Enforcement Agency * t~O. Box 11280. Riverside. CA 92502-1280 * (909) 955-8982 * FAX (909) 781-9653 * 4080 Lemon Street, 9th Floor, Riverside. CA 92501 Land Use and Water Engineering * l~O. iBox 1206. Riverside, CA 92502 1206 * (909) 955-8980 * FAX (909) 955-8903 * 4080 Lemon Street, 2nd Floor. Riverside, CA 92501 Board of Dkrectors Douglas V. Kulberg }3resident George M. Wooda Sr Vice President John F. Hennigar General Manager Phillip L. Forbes Linda M. Fregoso January 25, 2001 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 29929 HARVESTON SPECIFIC PLAN PLANNING APPLICATION NO. PA01-0031 Dear Ms. Anders: 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 t,pon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. In our previous correspondence to Debbie Ubnoske dated December 5, 2000, RCWD requested that the developer consider the use of recycled water for the proposed pond to be located iii this development and for any other appropriate uses. We rcquest that the dew:loper discuss these requirements with RCWD staff. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 0 I~SB:at028W012-TI\FCF .LU; MH¥ OI'U1 '9:14 NO.UU1 1o.02 May 31, 2001 Rive~ld$ Transit Agency 1825 Third STreet P.O. BOX 59968 Riverside, CA 92517 Phone:(909) 6840050 Fax:. (909) $84-1007 Ciity of Teahccula Planning D]cpartmm! I inet recently with Matt Fagan to discuss th~ Harveston Specific Plan. It appears that all an erupts h,avc bccn made to design thc projcct in a Iranmt friendly manncr, including thc open-ended clustering o£residential units. Thc mixed.uses in thc Village Green Center art also conducive to tranmt usage.. 'We hope tl] jointly design a pilot program to encourage transit usage and tho use of other al~mmativ~ 1o the single occupancyvchic]o. It would be b~neficial for the community to provide tra~,] sit access to adjacent areas, such as Ihs Promenade Mall, middle and high schools and local employment centers. Please continue to keep .s posted so we can maximins coordination of planning efforts. I ' Thank you for the opportunity to comment on this proj~t. · Ciis LegoyI ~ Planning Direct6¥-'~' EXHIBIT D (For Attachment No. 3) CITY COUNCIL RESOLUTION FOR TENTATIVE TRACT MAP 30088 (PA 01-0032) R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 36 ATTACHMENT NO. D (For Attachment No. 3) RESOLUTION NO. 2001- A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-630-001, 911-630-002 AND 911-180- 015. WHEREAS, Lennar Communities filed Planning Application No. PA 01-0032 (Tentative Tract Map 30088 the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecuta General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: R:\S IhHarveston SPXCity CouncilX30088-*CC RESO.doc Section 1. That the above recitations are true and correct and are hereby incorporated b~l referent. Section,I 2. Findin,qs. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code~. A. The proposed subdivision and the design and improvements of the subdivision is consistent w~th the Development Code, General Plan, any applicable specific plan an~ the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. Tjhe tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land ~s subject to a Land Conservabon Act contract but the resu t ng parcels following d v s on of the la, nd w II not be too small to sustain their agncu tura use; D. ~he Site is physically suitable for the type and proposed density of development proposed by the tentative map; E. T~he design of the subdivisions and the proposed improvements, with conditions of approVal, are not I~kely to cause significant envronmenta damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or hab iant ex~st w~th~n the project boundanes; F. A~n environmental impact report has been prepared and a finding has been rnade, pursuant to Public Resources Code Secton 21081(a) (3), finding that specific economic, social, or other conslderat,ons make ~nfeasible m t gat on measures or project alternatives ~denbfied ~n the enwronmental ~mpact report; G. The esign of the subdivisions and the type of improvements are not likely to cause serious pubhc health problems; / Iq. The ~esigh of the subdivisions provides for future passive or natural heating or cooling opportunifies in the subdivision to the extent feasible; / I. '[he ~esign of the subdivisions and the type of improvements will not conflict with easementsl acquired by the public at large for access through or use of property w~th~n lhe proposed subdiws~on, or the design of the alternate easements which are substar~tially eqUivalentl to those previously acquired by the public will be provided. J The Isubdvsons are consistent with the Cty's park and dedcaton requirel~ents (Oiimb!). Section 3, Environmental Compliance. Residential projects approved under a Spec~?c Plan are exempt from further enwronmental rewew pursuant to Sect on 15182 of the (,alifornia!Environmental Quality Act Guidelines. All env ronmenta mpacts were previouslY identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Proglam in order to approve the project. R:~S P~Ha~,eston SP\City CouncilX30088--CC ~.ESO.doc 2 Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA 0%0032 (Tentative Tract Map 30088), the subdivision of approximately 9.18 acres into 38 residential lots and 8 open space lots in a portion of Planning Area 4, located within the Harveston Specific Plan subject to the project specific conditions set forth on Exhibit D-l, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 911-630-001, 911-630-002 and 911-180-015. Section 5. PASSED, APPROVED AND ADOPTED by the City Council this day of ,2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the of 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S PVIarvcston SP\Cil7 Council~30088-CC RESO.doc 3 EXHIBIT D-t (For Attachment No. 3) CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 30088 (PA 01-0032) R:\S P'~Harveston SP'd3C Docs\ PC STAFFRPT.doc 37 Planning Application No.: EXHIBIT D-1 CITY OF TEMECULA CONDITIONS OF APPROVAL PA01- 0032 (Tentative Tract Map No. 30088) Project Description: Planning Application No. 01-0032 - Tentative Tract Map No. 30088, the subdivision of approximately 9.18 acres into 38 residential lots and 8 open space lots in a portion of Planning Area 4, located within the Harveston Specific Plan Assessor's Parcel Nos.: 911-630-001, 911-630-002 and 911-180-015. Approval Date: Expiration Date: June 20, 2001 June 20, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. 3. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:kS P~Harveston SPkPC Docsk30088-COA 1 The projec :t and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Sl~ecific Plan, and the approved Mitigation Monitoring Program thereof. 5. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final form Ishall include all conditions of approval and all modifications made by the Planning C~ommission and City Council. 6. Tl~e Develgper Shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. ' - I t~ n hall become effective u on the Effective Date 7. The approva~ granted by this Heso u 'o s ' p ' of the D~velopment Agreement, as the term Effective Date is defined in the D~velopm&nt Agreement adopted concurrently with this Resolution. !, 8. Natwithsta ding any of the conditions contained herein, the Developer and the City may enter into la development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding orI construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any rightI to reimbursement for facilities or the dedication of land. Further, notwithstar~ding any of the conditions contained herein, Developer may seek an agreement for. reimbursement for any improvements or facilities that qualify for r6,~mbursement at such time as the City of Temecula adopts an ordinance for such r6,~mbursement ipursuant to and consistent with California Government Code Sections 66485 through 66489 mclus~ve, and further shall waive the same in the event of agreements, consistent w~th the foregoing tha require or include any or all of the terms set forth ~mmed~ately above. Prior to Issuanc of Grading Permit~ 9. ~ivCiOsiPoYn.Of the Rough Grading plans shall be submitted and approved by the Planning 10. T;ne applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal ~Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance ir byi providing documented evidence that the fees have already been paid. Prior to t~ecordation of the Final Map 11. The following shall be submitted to and approved by the Planning Division: a. A R:XS PXHarve~mn SPXPC ~ opy of the Final Map. opy ~f the Environmental Constraint Sheet (ECS) with the following notes: 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, recommendations, Ordinance No. 655. Palomar Observatory ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. 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. iii. 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) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:\S Pfflarveston SP~PC DocsL30088*COA 3 Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: Front yards and slopes within individual lots prior to issuance of occupancy permits for any lot(s). 2. Private common areas prior to issuance of occupancy permits. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas, 4. All street frontage of school sites along General Plan and Specific Plan designated roadways. b. W~II and Fence Plans consistent with the Harveston Specific Plan and the Cohceptual Landscape Plans c. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. !, 14. Roof-mou ted mechanical equipment shall not be permitted within the subdivision, however s~,olar equipment or any other energy saving devices shall be permitted with · Planning Manager approval. Prior tolr I f , ssuance o Occupancy Permits 15. If deemed necessary by the Director of Planning, the applicant shall provide additional landscapir~g to effectively screen various components of the project. 16. All required lahdscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. II The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. Front yard and Elope landscaping within individual lots shall be completed for inspection pr or to each ocFupancy permit (excluding model home complex structures). 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed bi th s perm t. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. 20. 21. 22. It is understood that the Developer correctly shows on the tentative map 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. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 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. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: f. g. h. i. j. San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District G neraFTelephone Soluthern California Edison Company Southern California Gas Company 24. The Deve!oper shall construct the following public improvements to City of Temecula General P!an standards unless otherwise noted. Plans shall be reviewed and approved by the DePartment of Public Works: a. Im ~prove Street "VV" (Modified Street Section per the Specific Plan - 66' R/W) to include dedication of full width street right-of-way, installation of full width street ~?p~?vements, paving, curb and gutter, sidewalk, street lights, drainage facilities, s~gp~ng and striping, utilities (including but not limited to water and sewer). b, Im~prove= Streets '~NW", "XX" and "YY" (Modified Street Section per the Specific Plan - 56' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water an8 sewer). c.. Alllstreet improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. d. A ~cho~l Zone signing and striping plan, per Caltrans standards, shall be de,s,gned by a registered Civil Engineer for the school site within this project and inc!uded with the street improvement plans for the project. Design shall also include a warrant analysis for a flashing yellow beacon and if warrants are met, shall be,~nstalled by the Developer. 25. Unless otherwise approved the following minimum criteria shall be observed in the design of ~he street improvement plans: a. Street Centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Dri~vew~ys shall conform to the applicable City Standard No 207 c. St!eot ghts shall be installed along the public streets and' shal; be designedin ac6ordance with Specific Plan Standards. d. C ncret~ sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401or as modified in the Specific Plan to 5' width. I , e. Design of street improvements shall extend a minimum of 300 feet beyond the project ;boundaries to ensure adequate continuity of design with adjoining properti!s. hall be in accordance with Cit Standard No. 113. rvdnimum centenine raa~ s y All reverse curves shall include a 100-foot minimum tangent section. R:\S PXFlarw:ston SI~PC Docsk30088-COA h. All street and driveway centerline intersections shall be at 90 degrees. i. All knuckles shall be constructed in accordance with City Standard No. 602 j. All cul-de-sacs shall be constructed in accordance with City Standard No. 600 All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 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. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33kv or greater, shall be installed underground 26. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 27. Relinquish and waive right of access to and from Margarita Road, Harveston School Road and Harveston Drive on Final Map with the exception of 2 opening(s) as delineated on the approved Tentative Tract Map. 28. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 29. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency 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. 30. Any delinquent property taxes shall be paid. 31. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 32. 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. 33. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. R:\S P~Harveston SI~C Docs~30088-COA 7 34. Private d'ainage easements for cross-lot drainage shall be required and shall be delineated and ;noted on the final map. 35. Easement's, when required for roadway slopes, landscape easements, drainage facilities, ~tilities, 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 subm'tted for review an8 recbrded as directed by the Department of Public Works. On-site drainage facilities I~)cated 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 ~asements shall be kept free of buildings and obstructions." Prior to Issuanc ~e of Grading Permits 36. ,~s deeme~d necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Sa~ Diego Regionat Water Quality Control Board b. Riv~erside County Flood Control and Water Conservation District c. Pl!nning Department d. Delpartment of Public Works I t e. Community Services Distric I , A Grading~ Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commenc&ment of any grading. The plan shall incorporate adequate erosion control measureslto protect the site and adjoining properties from damage due to erosion. 38. A Soils R4port shall be prepared by a registered Civil or Soils Engineer J and submitted to the Depa~ment 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 preliminary pavement sections. 37. 39. 40. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist ,and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards f~r theI site including location of faults and potential for liquefaction. The report shall include ~recommendations to mitigate the impact of ground shaking and h :luefact~on. I' A Drainage Stqdy shall be prepared by a registered Civil Engineer and submitted to the Departmeht of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. lit shall identify all existing or proposed off-site or on-site, public or private, drainage iacilitles intended to discharge this runoff. Runoff shall be conveyed to an adequate ~outfa!l capable of receiving the storm water runoff without damage to public or i f private property. The study shall include a capacity analysis verifying the adequacy o all facilitieS. Ainy upgrading or upsizing of drainage facilities necessary to convey the R:~S Pxltarv~:ston SI~PC Docsk30088-COA storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 41. The 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 (NOI) has been filed or the project is shown to be exempt. 42. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 43. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 44. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 45. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 46. Final Map shall be approved and recorded. 47. 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. 48. Grading of the subject property shall be in accordance with the California 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. 49. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. Prior to Issuance of Certificates of Occupancy 50. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District R:~S P~Harvcs¢on SP~PC Docs~30088-COA c. D( ~artment of Public Works 51. All necessary certifications and clearances from engineers, utility companies and public agencies ~hall be submitted as required by the Department of Public Works. 52. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 53. The ex st hg mprovements shall be reviewed. Any appurtenance damaged or broken due to thb construction operations of this project shall be repaired or removed and replaced to the sabsfact~on of the Director of Public Works. COMMUNITY SERVICES DEPARTMENT General Requirements 54. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance With the City of Temecula Landscape and Irrigation Specifications and Installatior~ Details and Park Land and Landscape Dedication Process. 55. All perime~ er slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeown~ers Assocaton. A other andscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters, fences and walls shall be rna~nta~ne~ by the Homeowners Association (HOA), private maintenance association or property owner. 56. ConstructiOn of the proposed TCSD landscape maintenance areas and landscape rnedians shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspectionIprocess may preclude acceptance of these areas into the TCSD maintenance programs. 57. The developer, the developer's successor or assignee, shall be responsible for all maintenar~ce of the slopes/landscaping areas until such time as those responsibilities are accepied by the TCSD or other responsible party. 58. Class II b cycle lanes on both sides of the Loop Road (Harveston Drive), Harveston School Rdad ahd Margarita Road shall be identified on the street improvement plans and constlucted ~n concurrence w~th the complehon of said street improvements. 59. The developer lis entitled to receive a credit against the park component of the City's .Development Impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area 1 of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Irnprovem~nt Agreement between the applicant and the City prior to approval of the final map. ~ Prior to Approval of the Final Map 60. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 61. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 62. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas and landscape medians shall be reviewed and approved by the Director of Community Services. 63. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas and landscape medians. 64. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 65. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy 66. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 67. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 68. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 69. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire R:\S l~,Hal'veston SPxPC Docs~30088-COA 11 70. protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given aba/e has taken into account all information as provided. (CFC 903.2, Appendix HI-A) The Fire ~revention Bureau is required to set minimum fire hydrant distances per CFC Appendix !II.B, ,Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on~ Fire Department access roads and adjacent public streets. Hydrants shall be sl~aced at ~500 feet apart, at each intersection and shall be located no more than 250 feet from any point ,on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade o! existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix 71. The Fire P~revention Bureau is required to set a minimum fire flow for commercial land division pe, r CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a iwater system capable of delivering 4000 GPM at 20-PSI residual operating pressure With a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protectionlmeasures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix 72. The Fire P~revention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-Ill-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located or~ Fire Department access roads and adjacent public streets. Hydrants shall be spaced at !350 feet apart, at each intersection and shall be located no more than 210 feet from any point,on the street or Fire Department access road(s) frontage to a hydrant. The requir~ed fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix 73. Maximumlcul de sac length shall not exceed 1320 feet. Minimum turning radius on any .cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 74. If construc~tion is phased, each phase shall provide approved access and fire protection prior to any budding construction. (CFC 8704.2 and 902.2.2) 75. Friar to b~uilding construction, all locations where structures are to be built shall have approved Itemporary Fire Department vehicle access roads for use until permanent roads arelinstalled. Temporaw Fire Department access roads shall be an all weather surface fo~ 80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) ] 76. F~rior to bu~ildin~ final, all locations where structures are to be built shall have approved Fire Depa~ment vehicle access roads to within 150 feet to any portion of the facility or any portio~ of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of .:.)5 feet. (i CFC sec 902) ] - 77. Fire Depa~meht vehicle access roads shall have a clear paved section of thirty-six (36) feet and An unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (?FC g02.2.2.1) 78. Private roads and alleys may~be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. 79. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 80. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. 81. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3,901.2.2.2 and National Fire Protection Association 24 1-4.1) 82. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 83. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions 84. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. BUILDING AND SAFETY DEPARTMENT 85. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 86. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. R:\S PXHarveston SI~PC DocsL30088-COA 87. 88. 89. 90. A receipt, )r clearance letter from the Temecu~a Valley School District shall be submitted to the Bui!ding & Safety Department to ensure the payment or exemption from School Mitigation Fees, Obtain all Iplan ',hecks and permit approvals prior to commencement of any construction work. C btain street addressing for all proposed buildings prior to submittal for plan review. Disabled access from the public way to the main entrance of any public building is required. 'i'he Path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans (Ca ~form~ Disabled Access Regulations effective April 1, 1998). 91. All public ~building and facilities must comply with applicable disabled access regulations. Provide ail details on plans. (California Disabled Access Regulations effective April 1, 1998). i 92. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 93. Provide electrical plan including load calculations and panel schedule, plumbing schemati~ and :mechanical plan for plan review. 94. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. I ' : ' I n for lan checksubmittai 95. Provide p~ec~se graa ng p a p to check for handicap accessibility. 96. ,~;how all I~uilding setbacks I. ' I 97. Post conspicuous y at the entrance to the project the hours of construction as allowed by City of T~mecula Ordinance #0-90-04, and specifically Section G (1) of the Riverside County Ordinance # 457.73, for any site within one-quarter mile of an occupied residence! Construction hours are as fo ows Monday ~ Friday 6:30 a.m. - 6:30 p.m. Saturday I i 7:00 a.m. - 6:30 p.m. . No work i§ permitted on Sunday or Government Code Holidays OTHER AGENCIES 98. Flood pro~tecti~n shall be provided in accordance with the Riverside County Flood Control D'istrici's transmittal dated February 25, 2001, a copy of which is attached. The fee is made p~yable to the Riverside County Flood Control Water District by either a cashier'sllcheck or money order, prior to the issuance of a grading permit (unless deferred to a ater date by the District), based upon the prevailing area drainage plan tee. 088-COA R:\S P~Harxeston SI:'~C Docs~( 99. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 100. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 101. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31, 2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:~S P~Harveston SP~PC DocsL30088-COA.doc 15 DAVID P. ZAPPE General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX 51180,1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRIE-T: '' City of Temecula ~:~'~'?',",!; ~(; i;- ~; ' ' '" \ Planning Del:,artment ' ~' """ ~ - Post Office Box 9033 \ ~.; '-'~."- "~ - \ Temecula. California 92589-9033 . "'" ' ' Attention: ~J~.q TT ~ I ~/qDE,~-q ,- Ladies and Gentlemetn: : Re: 'FTP// 30'~1!'<~:--: The District ,Joes not norma y recommend conditions for land divisions or other land use cases in incorporated cities. The District alsol does~not plan che~ cih' land use cases, or provide State Division of Real Estate letters or other flood? ~7_.ar.d. raports for such ca~ses. Dis,trfi~ corn~.ments/recomme~ndations for such ..ca... ses a,re normally limited to tams or .~pecnc Lnterast to.the u strict incmoin, g u!strict Master urainage Plan facilities, omer regional flood control and dra nage facilities which cou d be consioereo a Iogicol componen..t..or extensior3, of a master plan syste~, and District Area Drainage P an fees (development mitigation fees). In addition, information of a general nature ~s provided. I ' The District has not rev ewed'the proposed project n deta and the fo!lowing checked commen~ do. .not in .any w..a.y constitute o['. imply District approval or endorsement of the proposed project with respect to nooo nazaro, pumic health and s~lfety or any other such issue: ~/ This pr.oj, ect w~uld hot b,e impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposeo. This project nv]o ves' D.~strict Ma.,.s.t. er Plan.facilities.. Tt?e .D, is~ct, wi!l a. cce, pt .owners,~p..o.f .su,ch ta,ciliti,es on, written request]of the uity Foci ties must De cons~ructeo ~o u strict sranaaros, uno ulsmct plan checK uno inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. ] ' This project proposes channels, storm drains 30 inches or larger in diameter, or other facilities that could he eom dared regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District wou fl consider aecepti.ng .ownership .ol s. uqh f~?litl~,S on,wnttan of the Cty Foci ties must be constructed to D strict stanoaras, and D~strict pmn cnec~ uno inspection be mquirad foriDistfict acceptance. Plan ch~ek, inspect on and adm n strative fees will he required. ~ This project s! ocoted within the limits of the District's ~OR.KIETA ~j~lS~.'r~ Drainage P anI for which dra nage fees have been adopted; applicable 'tees s/'tould be paio Oy cashier's check or money order only to the Flood Control District prior to issuance of building or grading permits whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION : This project may requ ~e a Ngtional Pollutant Discharge Elimination System. (NPDES) p. em?i.t fr(~m, the State .W..a.!er Resources Control Board C earance for grading, recordation or other nna~ approva~snoulo not De g~ven urn, tne City has determined that the Project has been granted a permit or s shown to be exempt. fth s project invpIves a Federa Emergen,c.y Manage, ment Agency (FE,IV~.) mapped flood plain, then the City should require the app cant to proVide all stuoies calcumtions, plans and other information required to meet FEMA re~lu rements;, and should further require that the app icant obta n a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation lot other fica approval of the project, and a Letter of Map Rev sion (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is i_mp..acted b_.y this. project., t.he, City. s..hould req,uire_t.he a[3gli.cant, tq obtain a Section 1601/1603 Agreement from the california uepartment or ~-tsn ann uame ane a Glean water Act Section 404 Permit from the U.S. Army Corps of Engineem, or written correspondence from these agencies nd caring th( pr9ject is exempt from these reqmrements A Clean Water Act Section 401 Water Quality Cert~cation may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. , O(~T~(~e..l> k¢~ A~¥ ~0~,~ L~tfHJ "[H~ Very truly yours, ¢ t~(' j'~l "ri ,6...~ · STUART E. MCKIBBIN ' Senior Civil Engineer c: Date: ~" ~ a~,~A CuUNTY vF RIVERSIDE · HEAL11-1 SERwCES AGENCY J/ DEPARTMENT OF ENVIRONMENTAL HEALTH February 22, 2001 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Patty Anders, Associate Planner RE: TENTATIVE TRACT MAP NO. 30088: CITY OF TEMECULA, COUNTY OF PdVERSIDE, STATE OF CALIFORNIA. (1 LOTS) Dear Gentlemen: 1. The Department of Environmental Health has reviewed Tentative Tract Map'No. 30088 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Environmental 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 equal's 200 feet, along with the original drawing to the City of Temecula. The pr/nts 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, and 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 engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map No. 30088 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map". This certification does not constitute a guarantee that it will supply water to such 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 PRIOR to the request for the recordation of the final map. 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. Local Enforcement Agency * go. Box 1280. Riverside, CA 92502-1280 * (909) 955-8982 * FAX (909) 781-9653 * 4080 Lemon Street. 9th Floon Riverside. CA 92501 Land Use and Water Engineering * RO. Box 1206. Riverside, CA 92502-1206 * 1909) 955-8980 * FAX (909) 955-8903 * 4080 Lemon Sheet, 2nd Boor. Riverside. CA 92501 City of Temecula PI~ nning I Page Two Attn: Patty Anders February 22, 2001 4. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the Di~ trict, i The sewer system shall be installed according to plans and specifications as approved by theI District, the City of Temecula and the Environmental Health Department. Permanent printsI of the plans of the sewer system shall be submitted in triplicate, along with the original drawingI to the City of Temecula. The prints shall show the internal pipe diameter, location of manhloles, Complete profiles, pipe and joint specifications and the size of the sewers at the junction of tl~e new system to the existing system· A single plat indicating location of sewer lines and waterlihes shall be a portion of the sewage plans and profiles. The plans shall be signed by a reg/stered e~gmeer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map No. 30088 is in accordance with the sewer · system expansmn, plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitteld to the City of Temecula's Office to review at least txvo weeks PRIOR to the I . request for the recordation of the final map. 5. It will be necessfiry for financial arrangements to be completely finalized PRIOR to recordation of the final, map. 6. It will 'be necessary for the annexation proceedings to be completely finalized PRIOR to the recorda :~on of the final map. 7. Addtt~onal appro, val from Riverside County Environmental Health Department will be required for all tenants opera!ing a food facility or generating any hazardous waste. Sincerely, Sam Martinez, Sup¢ SM:dr (909) 955-8980 ~omnental Health Specialist Csaba F. Ko January 25, 2001 Patty Anders, Case Planner City of Temecula Planning Departmem 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 30088 HARVESTON SPECIFIC PI,AN PLANNING APPLICATION NO. PA01-0032 Dear Ms. Anders: ,John F. Hennigar General Manager Phillip L. Forbes E.P. "Bob" Lemons 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. If fire protection is required, the cnstomer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. District Se cr et ary/Admlnis t r atlv u In our previous correspondence to Debbie Ubnoske dated December 5, 2000, ~,,t~,,~,~ge, mo RCWD requested that the developer consider the use of recycled water for the proposed pond to be located in this development and for any other appropriate uses. We request that the developer d_sc.,.ss these requirements with RCWD staff. If you should have any questions, please coutact an Engineeriug Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 0 [ ~S B:al029\F012-T IhrCF RTA ID:90968~1007 MAY $1'01 9:14 No.O01P.02 May 31, 2001 city otT~ccula Pl~mning Dcpartmem! ./ : Riverside Transit Agency ;~ Y ~ ?Dt'r-~ 1825 Third $1ree! ' Rive~ide. ~ 92~17 -. ',' Phone:(909) 6~0850 "~~ Fnx: (909) 1 ~ct recently with Matt Fagan to discuss thc Harveston Sp~ific Plan. It appears that all atlempts havc bcca made to design thc project in a transit-fricndly manncr, including the open-ended!clustering o£residentlal units. The mixed-uses in the Village Green Center · an, also conduove to tranmt usage.. We hope tel jointly design a pilot program to cncourage transit usage and thc usc of other alternatives]to the single occupancy vehicle. It would be beneficial £or the community to provide transit access to adjacent ar~as, such as thc Promenade Mall, middle and high schoois an~ local employment centers. Pl,:ase continue tO keep as posted so we can maxilniZ¢ coordination of planning efforts. Thank you for the opportunity to comment on this project. ets I.~RoyI ~ Plmning Directo"i"~ ATTACHMENT NO. 4 HARVESTON INTERSECTION IMPROVEMENT ANALYSIS PHASE 1 R:~, P\Harveston SP~PC Docs\ PC STAFFRPT.doc 38 Harveston Intersection Improvement Analysis Phase ~ 31 2~8o "~STON IN~RSECTION PH~E 1 o ID No. Inteme~ion Proje~ Y. 2~ Rustic Glen Dr ~ Mar~ad~ Rd 100% ~0R South Proje~ Residential Ac~ss Rd - Ou~ound ~ Internal L~D Ac~ss Rd 100% N . ~ , 31 East Pr~e~ Residential Ac~ss Rd ~ Internal Loop Ac~ss Rd 100% 4 Win~ester Rd ~ Ynez Rd 45% 5 Winchester Rd ~ Margarita Rd 51% ATTACHMENT NO. 5 HARVESTON INTERSECTION IMPROVEMENT ANALYSIS PHASE 2 R:~S P~Harveston SP',PC Docs\ PC STAFFRPT.doc 39 Harveston Intersection Improvement Analysis Phase OT ~ 28 ' 26 · I Winchester Rd ~n Ave 16% ~ /~ ~)1 2 Wi~.~ler ~d ~ 1-15 So~.~ ~mp 2~ ~. 4 Wi~ter Rd ~ Y~ez Rd ~2~ ~ 1 ~ Mu~eta Hot Springs Rd ~ Jeffe~on Ave 4% ~ ~ 18 ~edand Dr ~ Jeffe~on Ave 14% ~ ~ ~ ~ 2~ O~da.d Dr ~ ~r~dla Rd 100% ~ ~ ~ ~L 30A Sou~ Proje~ Residential A~ess Rd - In~und ~ Intemal L~p A~ess Rd 100% ~ ~ ~ ~ ~ ] 30B Sou~ Proje~ Residential A~s Rd - O~und ~ Internal L~p Ac~ Rd 100% ~ ~ ~ /~ ~ 31 East Proie~ Residential A~s Rd ~ Intemal L~p A~s Rd 100% ~ ~ ,~ ~ 32 Date St ~ Ynez Rd 42% ~ ~ ~~ ~ 33 Da~ St ~ Sewice Commemial A~ss I 100% ~ ~ ~ ~ ~ DateSt~No~hProje~ResidentialAc~ssRd 76% ~ {[~ ~ ,~ ~ 35 No~ Pmje~ Residential Ac~ss Rd Internal Loop Ac~ss Rd 100% .... ~ ~/ r '~ ~ , Ynez Rd ~ Se~i~ Commercial A~ss II 100% N > ~ ~ ~ 37 Ynez Rd ~ Se~i~ Commemial A~ss III ~% ~ ~ ~ ~ RR Ynez Rd ~ Se~ice Commemial A~ss IV ~% /~ ~ ~ ~ ~ ~ , 39 Date St ~ Margarita Rd 37% ~ ~ ~~ ATTACHMENT NO. 6 CORRESPONDENCE RECEIVED R:\S P~-Iarveston SP\PC Docs\ PC STAFFRPT.doc 40 I INTEX INTEX PROPERTIES CORP. December 19, 2000 Ms. Patty Anders Associate Planner CITY OF TEMECULA 43200 Business Park Drive P. O. Box 9033 Temecula, CA 92589-6477 Harveston Specific Plan Area Stockmar Property Dear Ms. Anders: We appreciate the time you spent with us reviewing the proposed General Plan Amendment and specifically, the Harveston Specific Plan proposed by Lennar Communities. The Plan, as currently designed and when implemented, appears to be a substantial enhancement to the City's residential component of the General Plan, and a community in which the City can be pleased upon development. As the Stockmar's indicated in our meeting of November 8, 2000, and you confirmed in your letter of November 13, 2000, they are generally supportive of the proposed GPA and Specific Plan, but are concerned that the land use and zoning of their 1.25 acre Neighborhood Commercial parcel is proposed to be modified to Open Space. This change in land use and zoning removes the utility and the potential future value of the parcel from the Stockmar family. The Specific Plan identifies the parcel as an out piece, but surrounds it with park, thereby making the only logical land use park, and in effect, preventing the Stockmar family alternatives in future development. As Bob Stockmar stated, his preference would be not to change the land use or zoning from Neighborhood Commercial. As an alternative or compromise, the Stockmar family would not be opposed to shifting the boundary of Planning Area 8 to include their parcel in the Medium 1, zoning classification of the Specific Plan. Correspondingly, the park area can adjust its size or encroach slightly into Planning Area I to compensate for the gain in acreage of Ptanning Area 8. We feel that this would be fair and just allowing the Stockmar parcel the potential for fi~ture use, while the proponent of the Harveston SP can easily modify its proposed land uses to the benefit of their vast holdings. Otherwise, should this property's proposed land use and zoning remain as Open Space in the General Plan Amendment, the Stockmar family wishes to go on record as formally opposing any action which would alter the property's current entitlements. Please include this letter in your staffreport for all Planning Commission workshops and hearings. Cc: Bob Stockmar Bill Stockmar 4130 SANTA FE AVE. P.O. BOX 1440 LONG BEACH, CA 90801-1440 TEL (310) 549-5400 FAX (310) 513-6905 ~II(~IIEI]I,E lIE DA.i.~, D I39857 Knollddge Dr .' Temecula, CA 92591 909-698-2436 Fax909-677-1955 May30, 2001 Ma. PattyAndem City of Temecula Planning Division Bu$1neea Park Drive Temacule, CA 92592 Dear Ma. Anders, Thank you for taking the time to discuss our concerns with the development project of Hawe~ton Hom~. I feel there could be some imprnvementa that I would like to have taken under consideration. My nelghbom have said 'what's the paint?", decisions like these have been made and one pemon Isn't going to make a difference but I'm willing to taka the chance. It saddens me to sea our rolling hills becoming a mass of homes and more homes. We have done vmy Ilttte In this community to pmse~e our natural landscape that brought many of ua here. Wllila change is inevitable I feel thai the less impact on those that have been in this cemmunlty for a number of years Is a reasonable request to make. Rrstly, I object to the addition of 300 apartmenta to be added to the Margarita side of the Harveston project. It would be better if they wore placed adjacent to the newly planned Sports Park than the currently planned sln~qe fomlly homes in that IocaUon. The traffic created by the aportmonts would be diverted to Ynez Rd having less of an Impact on all of the homeowners In both the new homes as well as current owners. I would think the builder would benefit by selling single family homes away the ball fields but close enough for them to take advantage of the so,vices offered there. Those renters o f the apartments would have easier access to the Sports Park, the Industrial park for job opportuniUes and the Single Family home owners slated to that area would have a location closer ta Main Street Hmveston, the Lake and more Importantlythe School. I am also concerned about the safety of our children crossing the street from the Winchester Creek and Collection from Rustic Glen to Ysabel Barnett School. The speed of Margarita Is cmTentiy posted at 50 mpr and that is easily exceeded by 10 to 20 mpr at this time. The 300 plus apartment dwellers would add 400 or more cars to Margarita Rd as woll. 400 Mrs In the scheme of thinM may not seem like much to you but I am taking In to oDnslderetion the]to and from home, the grooey store n Jrt and the many other rennin8 around they will ma~e and am entitled to make, I would hope some measures am taken to provide them wl~ the safest creasing possibla to school, tho park, the lake and the Main Street Hanmston stores. The other safc~ I~ue I am ~oncemed vdth Is the response time for ambulances, fire department and I~ollce. i weuld thlnkthat weuld be reduced and wander If any prov~sion~ have been made to add more safety personnel to the area? lastly, I would I1~ to see more amenities added to the prOject such as tennis courts and public pools. With fl~e eneq~ c~ls of today and the more public pools that am available the less likely p~. ~ple will be InClined to build a pool of their own. Speaking of the ener~ crisis, are we going to ba an area that Is proactive in t~ng to limit additional housing in' order to play our hag in consenting energy' Are we going to con~ibute to possible blachouts? Whatlroie Is Temenula playing In this? P.02 ,';inearsly, IVllchelle Bedafd Penelope Alexander*Kelley GRESHAM, SAVAGE, NOLAN & TILDEN, LLP A R.~GIS TlhtED LI341'fED LIABILITY ?ARTNI~$HIP May 11, 2001 HAND DELIVERED City of Temecula Attn: Ms. Debbie Ubonoske Director of Planning 43200 Business Park Drive Temecula, CA 92589-9033 Re: Comments on the Environmental Impact Report for the Harveston Specific Plan Dear Ms. Ubonoske: MAY llZ001 This law finn has been retained by the Channel Family Trust and Channell Commercial Corporation (collectively "Channell") to assist Channell in the review of the Environmental Impact Report for the Harveston Specific Plan (the "EIR"), including the draft EIR dated November, 2000, the Final EIR dated January, 2001, and the Technical Appendices. As the City is aware, Channell has owned and occupied a manufacturing facility located at 26040 Ynez Road, Temecula, for the past 12 years. When Channell first relocated its operations to Temecula, it sought out an area of the city with good freeway accessibility for its delivery and distribution truck traffic and room for expansion. Channell now employs 300400 employees, working in three 8-hour shifts, five days a week, although historic operations have required operations for full week periods. Channell's location is just north of the intersection of Winchester Road and Ynez, at the present terminus of Ynez Road. This location is a part of the Winchester Highlands Business Park (the "Business Park"). Channell has been interested in the City's plans regarding the undeveloped acreage to the west and north of the Business Park. In earlier plans, portions of this area were designated for additional industrial park development, which would not likely cause any conflicts with the existing uses in the Business Park. When the City rezoned the area.and was considering the Sweetwater Specific Plan, the predecessor to the Harveston Specific Plan, Channell stated its concerns to any plan that would bring residential and recreational uses into direct conflict with the Business Park uses. The Harveston Specific Plan appears to present the same likelihood of such conflicts. In reviewing the EIR, it appears that the City, as the CEQA lead agency, has failed to properly analyze potential impacts which will be caused by the development of the Harveston Specific Plan related to traffic and circulation; pedestrian safety and land use conflicts, and noise. Riverside Office * 3403 Tenth Street, Suite 518, Riverside, CA 92501 * (909) 684-2171 * Facsimile (909) 684-2150 Victorville Office * 14350 Civic Drive, Suite 120, Victorville, CA 92392 * (760} 243-2889 * Facsimile (760) 243-0467 GRESHAM. SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 2 To assist in this revi~ w of the E1R, we retained the services of Raymond V. Hussey, AICP, Project Manager for LSA Associates, with 13 years experience as a transportation planner, to analyze the potential raffic impacts and to review the traffic study prepared for the Harveston Specific Plan. Mr. Hu: ssey's analysis, dated May 10, 2001, is attached hereto and incorporated herein. Mr. Hussey concludes, ~n essence, that the trip generation for the proposed project ha been undercounted b~ as much as 23% for the PM Peak Hour period. The severe traffic congestion in the Terhecula area is well documented, therefore, the City cannot approve the Harveston Specific PI ~an, or any project, when it is based upon such a flawed traffic analysis. As the CEQA lead agency, the City's duty is to properly assess the environmental impacts of a project, prior to app~roving a project, in order to determine what feasible alternatives or mitigatinn measures are available that would substantially lessen any significant effects on the enviromnent. CEQA ,~uidelines § 15021. As the traffic generation for this project as reflected In the E]R is so seriously undercounted the City cannot properly assess the avmlable alternati es for rmtagat~on to lessen the impacts to fulfill its CEQA obhgations. Approval of the projec .i 1 without further analysis wou d violate CEQA and be subject to judicial review. Due to the ina]dequacy of the traffic analysis and the severity of the potential impacts which ,have not been addressed m the EIR, as discussed below, it is clear that the EIR should be revised to address the~e additional issues and then recirculated for additional public review and comment pursuant to CEQA Guidelines § 15088. Channell provides herein its comments on the EIR. i~I SURROUND G LAND USE CONFLICT ISSUES: t . , I ' e ates the manufactunn faclht is statea aoove, Channell owns anu op r ' g ' ' y at 26040 Ynez Road, located south a~d east of the proposed project, within the Business Park. Figure 2 in the draft EIR depicts the location of the Business Park. Channell owns the three buildings encircled by Ynez Road, Equity Drive and County Center Drive. The EIR appears not to address any potential impacts that l~he Harveston Plan may have on the Business Park, and appears to ignore the existing BusinesslPark activities and how the proposed project may conflict with those activities. In fact, in t~e draft E1R, Section 5, the EIR fails to introduce the Business Park as one of the surrounding land uses. The draft EIR states, in part: "Immediately north of the project site, in southwestern Riverside CountyI is the Warm Springs Specific Plan, a 475-acre project approve, d for residential, retail, and neighborhood commercial uses. The Campos Verdes Specific Plan area, composed of a shoppin~g center (Lowes), and varying densities of residential uses, is locat&d east of Margarita Road and south of Winchester Road, adjacen~ to the existing Ronpangh Est.a. tes development. Lastly, southeast of the project site, east of Winchester Road, there are GRESHAM, SAVAGE, NOt,AN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May i1, 2001 Page 3 the Promenade Mall and Palm Plaza (Please refer to Exhibit 2, Local Vicinity/Surrounding Land Uses)." (Emphasis added.) (Draft EIR, p. 5-3, and repeated at p. 5-18.) The draft EIR concludes, with no analysis, that the Community Park located in Planning Area 1 of the Harveston Specific Plan "is intended to act as a buffer between the existing Winchester Highlands Business Park (including Channel Commemial) and proposed residential." While the Community Park may be a "buffer" between the proposed residential uses and the existing industrial park uses, the EIR does not analyze the impacts of placing a community park use directly adjacent to the existing, operating, indusaial uses. "Design alternatives" for the Community Park are reviewed in Section 5 of the draft EIR (Page 5-18.) The draft EIR explains that: "IT]he community park in Planning Area 1 and the elementary school in Planning Area 4, both being public facilities, were located at the exterior of the Harveston community in order to be easily visible and accessible for the public outside the Harveston development." (Emphasis added.) (Draft ErR, p. 5- 18.) Thus, the express intention of the proposed project is to bring additional traffic, unrelated to its own residential development, into this Community Park. Section 6 of the draft EIR states that TCSD requires that there be 100 parking spaces within the Community Park, accessible from Equity Drive; however, these trips are not identified in the EIR. See also, Ma'. Hussey's analysis of this issue. The EIR also fails to analyze the potential impacts between conflicting vehicle traffic trying to access the Community Park from Equity Drive, and semi-truck traffic accessing the Business Park. An alternative in the draft EIR calls for the realignment of Equity Drive to provide "for greater buffer / separation of the proposed park from the existing Winchester Highlands Business Park uses (i.e. Channel Commercial)", but ignores the fact that Equity Drive is used by truck traffic accessing the Channell buildings and for accessing other businesses with the Business Park. Exhibit 50 of the draft FIR does not explain how the realignment of Equity Drive will provide a "buffer" between these uses. Additionally, the Channell facility includes outside storage of finished goods awaiting shipment. This storage is in the lot at the comer of Equity Drive and County Center Drive. This storage area, while completely fenced, will be clearly visible from the proposed Community Park and Equity Drive. The entry to Channell's building is improved with decorative waterscaping, which is presently "used" by unauthorized children and adults, which will certainly be GRESHAM, SAVAGE, NOLAN'& TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 4 exacerbated by the der ,qopment of a Community Park with soccer and ball fields. The EIR does not analyze how the re~ignment of Equity Drive will provide a buffer for these types of impacts. '[RAFFIC/CIRCULATION AND PEDESTRIAN SAFETY ISSUES: Based upon ou~ review of the EIR and Channell's knowledge of the various uses within the Business Park, it ap~pears that the EIR does not take into account the impact of the proposed project on the existing manufacturing facilities, including potential conflicts with semi-track traffic going to and le~Iving from the Business Park, and safety hazards to increased pedestrian traffic. Traffic/Circulation Issues: For Channell's operations alone, semi-truck traffic begins to arrive at and stage for] early morning pick-ups at about 3:00 a.m. This usually involves an average of six (6) tru~ks per day. Other semi-truck traffic arrives at and departs from the Channell facilities at all times of the day, involving an average of twenty (20) tracks per day. Some of the trucks access the Channell facilities using Equity Drive or County Center Drive, however., one of Chann~ll's truck delivery driveways is located on Ynez Road. This delivery site is for steel deliveries, ~vith one trailer of about forty-eight (48) feet in length. These deliveries occur as often as two (2) trucks per day. Currently, these delivery tmcks leave the Channell site by turning left onto Yfiez Road and then accessing the freeway at Winchester Road. With the proposed development of Ynez Road, and the increased traffic using this parallel to the 1-15 freeway, conflicts withlthis truck access driveway will result. Also, many of Ce trucks leaving the Channell facilities and the Business Park generally, exit at County Center Drive, turning left onto Ynez Road to access the freeway at Winchester Road Potential impa~ts to the intersection of Ynez Road and County Center Drive are not adequately analyzed in the traffic section of the draft EIR. With increased traffic caused by the development of YnezI Road, conflicts at this intersection will occur as semi-tracks try to negotiate: the left-handlturn out of the Business Park. Although the draft EIR analyzes access intersections to the SerVice Commercial development along Ynez Road within the Specific Plan development, it fails to analyze the impacts to existing access intersections along Ynez in the Business Park, which ~ill be impacted by the increased traffic. Il' tracks are f6rced to turn right on Ynez Road, they will drive directly through the Harveston Specific PI,~~ development. The impacts from this truck traffic through the Specific Plan are not addressed in the EIR. Potential impacts include air quality impacts, including a CO analys~s from ~dhng diesel engines. (hot spot) . i .... These potential traffic and circulation impacts are not properly analyzed in the EIR. The draft EIR states that one threshold of significance of a transportation/circulation effect is: "c. Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersecti~ons) or incompatible uses.' (Draft EIR, p. 5-39). The potential impacts identified GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. DebbieUbonoske City ofTemecula May ll, 2001 Page 5 herein have the poten, tial to surpass this threshold, thereby requiring the City to revise its environmental analysis to identify impacts and provide for feasible mitigation measures to lessen or eliminate the impacts. Pedestrian Safety Issues: There are potential safety hazards to pedestrian traffic from the project resulting from the close proximity of the proposed Community Park use to the Business Park. Since there is no proposal to prohibit street parking for the Community Park, there will be traffic and circulation impacts on Equity Drive. Equity Drive is currently used by semi-trucks, both for travel and for staging for early morning pick-ups. There is no mention in the EIR of potential cimulation impacts as both semi-tracks and vehicles attempt to access Equity Drive. Clearly, the Park is designed to accommodate soft ball and soccer games, drawing numerous children at various times of the day. As access to the Community Park is allowed from Equity Drive, pedestrians exiting their vehicles along Equity Drive will encounter semi-track traffic. By bringing children and adult pedestrians into a well-traveled semi-track route, the proposed project exposes them to potential dangers which are not identified in the EIR. Since these impacts are not analyzed at ail in the EIR, there are no measures to mitigate these potential impacts, as CEQA requires. As such, the EIR is fatally defective and must be revised to address these serious public safety issues. NOISE: The draft EIR contains a description of the ambient noise levels at the site of the proposed development. However, the analysis does not identify noise levels at the site of the proposed community park, which is proposed to be located directly north of the Business Park. The allowable noise level for the Community Park is not identified in the draft EIR, but appears to be up to 65 dB. (Draft EIR, pp. 5-105 to 5-106.) The EIR does not contain an analysis of noise levels at the proposed Community Park site which would be generated by the semi-track traffic and industrial activities within the Business Park. As these impacts are not identified, there is no feasible mitigation identified in the EIR. Noise Mitigation Measure 4, which provides for future noise studies, impermissibly delays the analysis of potential impacts to recreational user of the Community Park and impermissibly delays the identification of feasible mitigation. The purpose of CEQA is to require a lead agency to make a knowing and informed decision about the potential environmental impacts of a proposed project, prior to approving the project. Because the City does not analyze noise impacts at the Community Park, it cannot now determine whether its own noise standards will be exceeded at this proposed outdoor recreational site. The EIR analysis is fundamentally flawed, and should be revised to account for these potential impacts. Failure to provide an adequate analysis of the project's potential GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. DebbieUbonoske City ofTemecula May ll, 2001 Page 6 environmental impact~ prior to approving the project is a violation of the City's duties as the CEQA lead agency. Piblic Resources Code § 21167. / In conclusion, we appreciate this opportunity to provide these comments on the EIR for the Harveston Specific Pla~,. We request that the City's consideration of the Harveston Specific Plan be postponed until the environmental analysis can be revised to provide a legally adequate analysis of all potential impacts. Ghannell, as a good corporate citizen and neighbor in the City of Temecula, I. looks forward to reviev~ng the revised F~IR addressing its concerns. If you have any questions of us, please do not hesitate to contact me directly, or Mr. Ed Burke at Channell. PAK/lr Enclosure cc: Bill Storm, Pro Sincerely, Penelope. lex~ander- Kelley of GRESHAM, SAVAGE, NOLAN & TII.DEN, 1J .P Manager, Lennar Communities LSAI May 10,2001 GRESHAM, SAVAGE, ~qOLAN & TILDEN, LLP Penny Alexander-Kelley Gresham, Savage, Nolan & Tilden 600 N. Arrowhead Avenue, Suite 300 San Beroardino, CA 92401-1148 Subject: Review of the Harveston Specific Plan Traffic Study Dear Ms. Alexander-Kelley: We have conducted a brief review of the Revised Traffic Impact Study for the Harveston Specific Plan EIR dated July 19, 2000, prepared by Wilbur Smith Associates (WSA). In summary, we have identified three major issues that should be addressed prior to approval oftbe project, and may require a revision to the traffic study. The three issues involve estimated trips for the residential components proposed within the Specific Plan, trip generation estimates for the service commercial portion of the Specific Plan, and potential conflicts and safety ba?ards between existing truck traffic on Equity Drive and the proposed project. Residential Trip Generation The Institute of Transportation Engineers (ITE) Trip Generation is the industry accepted source for developing txip generation estimates and, for some land uses, provides both a weighted average rate and a regression equation. WSA appears to have utilized the regression equations for determining trips attributable to the 1,921 single-family detached housing (1TE land use code 210) dwelling units proposed within the Specific Plan. As shown in thc graphs on pages 263 - 265 of Trip Generation (attached), the number of residential dwelling units produces an inverse correlation with trip generation based on the regression equations. This implies that as the size ora subdivision gets larger, the rate of trip making gets smaller. This illogical result is why the transportation profession does not utilize these regression equations, since it is commonly acknowledged that the number of trips per a residential household is a function of socioeconomic attributes such as income, household population, or size of the house, not the number of homes in a subdivision. Otherwise, the following irrational scenario could occur. Suppose a 1,000 lot subdivision is proposed in ten equal phases. Application of the regression equations to the overall 1,000 units yields a trip generation estimate of 9,435 daily, 709 a.m. peak hour and 855 p.m. peak hour trips. Application of the weighted average rates yields a trip generation estimate of 1,134 daily, 79 a.m. peak hour and 107 p.m. peak hour trips. When multiplied by a factor of ten, the corresponding trip generation becomes 11,343 daily, 795 a.m peak hour and 1,074 p.m. peak hour a'ips, exceeding the trip generation per 1,000 units. The purpose of this exercise is to demonstrate 5110/01 (R:\OVS033\Task 6 - Harveston TS Rc¥~t~ccr tcvicw.w~ why it is the standa 'd practice within the transportation industry is to use the weighted average rates, and not the regression equations, for developing trip estimates from single family homes. Th ' ' t filth ' l e trip estima e qr e sing e family residential components within the Specific Plan should be revised using the I~l~ weighted average rates, which yield a trip generation estimate of 18,384 daily, 1,364 a.m. peak houi' and 1,575 p.m. peak hour trips. A comparison of trips estimated for single family homes as co~ntained in the WSA study versus application of the weighted average rate.,; is presanted in Table ~. Table A - Single Family Trip Generation Comparison I Daily AM Peak Hour PM Peak Hour Source I Rate Trips Rate Trips Rate Trips ~E Rates ] 9.57 18,384 0.75 1,441 1.01 1,940 WSA Study ] 8.33 16,002 0.71 1,364 0.82 1,575 Trips under-Counted 2,382 77 365 '/o under-counted I 15% 6% 23% As shown in Table A, the traffic study appears to have undereounted 365 p.m. peak hour trips associated with single family residential development, or 23% of the p.m. peak hour estimate from the WSA study. This could be a significant quantity of under-counted trips, given the general traffic congestion in the Temecula area. Serrice Commercial Trip Generation I ...... h d ' t' f thetri rates Although there is no xootnote or text aiscussion expmmmg t e enva ~on o p used for esmnatmg taps for the service commercml land use, the rates appear to be reasonable for the range of potential uses that c~ould be developed within the service commercial planning areas. However, due to the flex~bdlty proylded by the Specific Plan, it also appears that land uses with higher trip making characteristics could be developed within the service commemial area. Under this worst case exaraple, a regional Ishopping mall of approximately 1,000,000 square feet could be developed based on a floor area ratio](FAR) of 0.25 applied to the 92.65 net acres of service commercial area. Such a center would result tn higher trip generation than analyzed in the WSA study. A summary of this comparison is provided ~n Table B. As shown in Table ~B, the traffic study appears to have undercounted 131 p.m. peak hour trips associated with the ~development of the service commercial land use, or 6% of the p.m. peak hour estimate from the ~SA study. Again, this could be a significant quantity of under-counted trips, given the general traffic congestion in the Temecula area. 5110/01 (R:\GVS033\Task { - Harveston TS Rev\peer r~view.wpd) 2 Table B - Service Commercial Trip Generation Comparison Daily AM Peak Hour PM Peak Hour Source Rate Trips Rate Trips Rate Trips ITE Equations for na 26,995 na 505 na 2,299 Shopping Center WSA Study (per acre) 260 24,090 13.78 1,277 23.40 2,168 Trips under-counted 2,905 -772 131 % under-counted 12% na 6% One solution to this issue is to create a mitigation measure that establishes a "trip generation budget" per planning area. The trip generation budget concept should consider the maximum allowable trips generated within each planning area. This way, land use development flexibility can be maintained while traffic impacts greater than those analyzed in the WSA study can be avoided. Conflicts With Existing Truck Traffic Access to the proposed community park within Planning Area I of the Specific Plan appears to be proposed from Equity Drive. Currently, existing conditions on Equity Drive are characterized by a high percentage of heavy truck traffic associated with thc Winchester Highlands Business Park. The Specific Plan will introduce the potential for conflicts between these existing trucks and pedes~ans and passenger vehicles destined to and f~om the community park. There does not appear to be any discussion regarding compatibility of the proposed community park next to the existing truck oriented uses, especially the potential conflicts and hazards that may be created. Consideration should be given to requiring that the park be accessed via its own roadway system off of Ynez Road, thereby eliminating the direct conflict and safety ba?~rd potemial on Equity Drive. This concludes our analysis of thc Revised Traffic Impact Study for the Harveston Specific Plan EIR. Please feel free to call me at (909) 781-9310 should you have any questions. Sincerely, LSA ASSOCIATES, INC. Raymond V. Hussey, AICP Project Manager Attachments: Excerpts from Trip Generation (3 pages) 5/10/01 (R:\GVS033~Task 6 - Harveston TS Revyeer r~view.wpd) 3 Sintjle-Family Detached Housing (210) Average Vehicle Trip Ends vs: On a: Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. 271 202 25% entering, 75% exiting Trip Generation ~er Dwelling Unit Average Rate · Range of Rates Standard Deviation 0.75 0.33 2.27 0.90 Data Plot and Eq;ation F- x X X X = Number of Dwelling Units ){ Actua~ Data Points , Fitted Curve E; tlon: T = 0.700(X) + 9.477 Trip Generation, 6th Edition 2000 ...... Average Rate R2 = 0.89 264 30O0 Institute of TransportalJon Engineers Single-Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: 348 198 50% entering, 50% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 9.57 4.31 21.85 3.69 Data Plot and Equation 10,000 ........................ *';'- X X X 0 1000 2OO0 X = Number of Dwelling Units Fitted Curve Equation: Ln(T) = 0.920 Ln(X) + 2.707 ...... Average Rate R2 = 0.96 Trip Generation: 6th Edition 263 Institute of Transportation Engineers Sin gle-Family Detached Housing (210) Average Vehicle Trip Ends vs: On a: Number of Studies: Avg. Numb r of Dwelling Units: I . Dire, ct~onal Distribution: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. 294 216 64% entering, 36% exiting · _ I . Trip Generat,on per uwelhng Unit Aw.=rage Rate Range of Rates Standard Deviation 1.01 0.42 2.98 1.05 lata Plot and Equation 3.000 X X 0 0 X Actual Data Poln~ Fitted Curve Equatior Trip Generation, 6th Edition 10oo X = Number of Dwelling Units -- Fitted Curve Ln(T) = 0.901 Ln(X) + 0.527 265 20oo 3o0o ...... Average Rate R2 = 0.91 Institute of Transportation Engineem ATTACHMENT NO. 6-A LETTER FROM THE CITY IN RESPONSE TO THE EIR CHALLENGES R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 41 Citv of Temecula 43200 Business Park Drive - PO Box 9033 - Temecula- California - 92589-9033 . (909) 694-6400 .- FAX (909) 694-6477 June 12, 2001 Ms. Penelope Alexander-Kelly GRESHAM, SAVAGE, NOLAN & TILDEN, LLP, 600 N. Arrowhead Ave., Suite 300 San Bernardino, CA 92401-1148 Dear Ms. Alexander-Kelly: This letter is response to your letter dated May 11,2001 on behalf of the Channell Family Trust and Channell Commercial regarding the Draft Environmental Impact Report (EIR) prepared for the proposed Harveston Specific Plan. Pursuant to the requirements of Sections 15088 and 15132 of the State of Califomia Environmental, Quality Act (CEQA) Guidelines (Title 14, CCR, Section 15000 et seq.), City of Temecula Planning Department prepared responses to comments by the persons, agencies and organizations on the Draft EIR for Harveston Specific Plan, received dudng the public review pedod, which was held from November 1,2000 through December 18, 2000. The Response to Comments/Final EIR document, dated February 2001 serves as the Response to Comments on the Draft Environmental Impact Report (EIR) for the Harveston Specific Plan project. The document contains all information available in the public record related to the Draft EIR and responds to comments in accordance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines. Although the comment letter prepared by Gresham, Savage, Nolan and Tilden, LLP on behalf of Channell Family Trust and Channell Commercial Corporation, is dated May 11,2001, which is five (5) months beyond the close of the public review period, the City of Temecula Planning Department is providing the following responses to the comments raised in the above referenced letter. A copy of your comment letter showing the breakdown of the comments and responses is enclosed with this letter. Response 1 Introduction The introductory section of the comment letter makes references to "earlier plans," which had, according to the comment letter, portions of the area adjacent to the existing business park designated for additional industrial park development. The letter further states that "when the City rezoned the area and was considering the SweetWater Specific Plan, Channel stated its concerns..." However, these statements are not entirely correct. First, the earlier plan (1993), which was the initial City General Plan, designated this area as business park. The existing City General Plan, amended in 1995, designated the area to the west as Service Commercial, to the north as Neighborhood Commercial, and to the north and east of the existing business park as Medium Density Residential (7-12 dwelling units per acre). Second, when the City rezoned the area R:~S P\Harvcston SP\Channc~esp..doc I in 1995 it was not c( nsidering the "SweetWater" Specific Plan, but rather the "Winchester Hills" Specific Plan, which Was proposed by Bedford Development Company. The SweetWater Specific Plan, which is the pre.'decessor to the current Harveston Specific Plan, came into being about 1998 and has Lennar Communities as its ownefldeveloper. The proposed Harveston General Plan designations west of Ynez Road are proposed to remain Service Commercial (Exhibit 13 of the Draft EIRandFinalEIR). ~ ' ' ' However, the areas north and east of the ex~stmg business park are proposed to be Iow medium den,s~ty residential (3-5 dwelling units per acre) and open space 0.e., the proposed community park). It i~ the Citys belief that the community park is a more compatible use with the existing business park compared to medium density residential of the existing General Plan land use. th' d ¢ t I F I EIR Furthermore, eproBose zoning or he project site (Exhibit 4aoftheDraftEIRand ina ) designates the area irpmediately north of the existing business park (with the realignment of Equity) as lighl industrial, which is also more compatible with the existing business park. The analysis of Alternative 2 (Development under Existing General Plan) to the proposed project contained in the Draft EIR on page 6-24 cleady indicates that development of Harveston Specific Plan is below the general plan build out, and the proposed traffic 0.e., number vehicle tdps) from the proposed Spec,ftc Plan ~s lower compared to the budd out of the existing General Plan designations. Therefore, the propqsed General Plan and Zoning designations, under the Harveston Specific Plan, present a superior and more compatible land use and takes into account the sensitivity of the existing uses around the project site. With re:,pect to the commentor's concerns on traffic impacts and trip generation undercount for the proposed project, please refer to Responses A-1 through A-3, prepared by the project traffic engineer, Mr Bob DaVis of W bur Smith and Associates. A t II d I th I " ' ddi iona y, regar lng egenera commentonthe inadequacy' oftheDraftEIR, the Draft EIR has been prepared pursqant to CEQA Guidelines, and the City as the lead agency has properly analyzed the potential impacts that may arise related to traffic and circulation, pedestrian safety, land use conflicts and noise. As supported by the responses provided below, the traffic study has analyzed the ex st rig, p us future, build out scenarios and takes into account traffic generated byall the proposed uses, and the proposed number of dwelling units and traffic generated by the project area below the existing General Plan. Therefore, the Draft EIR is adequate, and per section 15088.5 of the CEQA Guidelines "does not" require re-circulation. Response 2 Surrounding Land se Conflict Issues The Ha~'veston Draft EIR has acknowledged the existence of the Winchester Highlands Business Park, including OhanBell Commercial. The Business Park has been introduced as one of the surround ng and uses(Sect on 3 1, Project Locat on, of the E R). Additionally, Sect on 4 4, Loca Setting, of the Draft EIR discusses location of Winchester Highlands Business Park, and as noted by the commentor Exl~ibit 2, Local Vicinity/Surrounding Land Uses shows the existing Winchester Highlands Business F~ark. Regarding location of t, he Community Park as a buffer, professional land planners consider a' park as a good transitional ]use between residential and commercial uses. This use is consistent with the City of 'l'emecula Ger~eral Plan, and based upon several prior meetings between City staff and representatives of Ch,~nnell Commercial. It was acknowledged that the community park would provide a good land us~e buffer and is more compatible than the existing General Plan designation of Medium Density residential. The five (5) design alternatives for the community park (refined per suggestions from Tei'necula Community Services Department) were developed considering compatibility betWeen ~he proposed park and the existing Winchester Highlands Business Park (i.e., Channel Commercial) uses. The final community park design will be completed upon the final approved al gnment for Ynez Road. The final park design developed by City staff will take into account the existing aSjacent land uses. RSS P\Har~eston SP\Channe~.es~..dcc 2 / Response 3 The location of the community park within Harveston is consistent with the City of Temecula General Plan. The express intention of every community or public park is to draw not only local residents, but also for the facility to be used by other members of the community as well. This in turn will bdng some additional traffic, unrelated to the residential development into the vicinity of the community park. However, because park usage in the City is dudng non-peak hours, the additional traffic will not necessarily result in additional peak hour congestion. Additionally, on page 5-42 of the Draft E IR, the project trip generation table includes 800 daily trips for the 16-acre community park. Please see following responses A-1 to A-3 for traffic/circulation. Response 4 According to Mr. Bob Davis of Wilbur Smith Associates, the number of trucks using Equity Ddve is not sufficient to cause a significant impact. The majority of the trucks will use County Center Drive rather than the Equity Drive. Finally, Equity Ddve is built to a 78' Industrial Collector standard and few of the vehicle trips will be generated by the Harveston project. Additionally, please refer to Response A-3, below. Response 5 This comment does not raise an issue requiring a response under CEQA. Re comment is noted and will be forwarded to the apprepdate decision-makers. Traffic/Circulation and Pedestrian Safety Issues Response 6 Traffic/Circulation Issues Please refer to Response A-3, below. Response 7 The following response has been prepared by Mr. Hans Giroux of Giroux and Associates: Diesel engines are not major CO emitters compared to automobiles. Diesel engines emit far more NOx than cars per vehicle, and diesel exhaust contains carcinogenic particulates. NOx emissions are important on a regional scale in their role as an ozone precursor, but not as a "hot spot" pollutant. Diesel exhaust particulates are forecast to be reduced dramatically over the next several years, and no impacts to Harveston residents and off-site users are anticipated. Any local air quality issues are thus related to CO emissions which will be minimally affected by truck routing. CO emissions from all vehicles, including a substantial (9%) truck fraction, were included in the project air quality analysis. A screening level microscale air quality "hot spot" analysis was conducted for two intersections, Winchester/Ynez and Murdeta Hot Springs/Margarita. This analysis incorporates worst-case atmospheric dispersion conditions and maximum traffic to predict CO concentrations in very close proximity to the roadway edge. The peak one-hour concentrations area predicted as follows: Winches~r/Ynez 6 ppm Murrieta Hot Springs / Margarita 6 ppm Source: Caltrans Air QualityTechnical Analysis Notes, 1988. R:~ P\Harveston SP\Channe~esp..doc 3 Existing peak hour I: ckground CO levels are 5.0 ppm. It would require a local contribution of 15 ppm to equal the California one-hour CO standard. The maximum theoretical combined backg~'ound (5 Ppm) plus local (6 ppm) concentration is 11 ppm Based upon theresults of this analysis, there wll be no CO hot spot vuthm the project wcm~ty. Response 8 Based on the following Response A-3, the analysis contained in the EIR for Harveston Specific Plan, and incorporation of proposed mitigation measures and design guidelines, there will be no hazards anticipated due to a design feature or incompatible uses. The analyses contained in the EIR are adequate per the CEQA guidelines. Response 9 Pedestrian Safety Issues Little, if any, organized sports activity occurs on sport parks between the hours of 7 am and 3:30 pm Monday through Friday. Peak sport park use hours will be Monday through Fdday 4 to 9 pm and all day Saturday. Dur'n~ design development TCSD may consider additional ons~te parking to help mitigate conflicts. Conflicts should be limited based upon the number of trucks coming to the area, the times for deliveryland the peak hour of park usage. Additionally, please refer to responses to traffic/circulation issues, below. Response10 Noise Mr. Hans Giroqx, acoustical engineer for Giroux and Associates, has provided the following response: Parks ;are consildered as both noise-sensitive receivers as well as noise generators from active recreation· AIIowabl~ noise exposures for community parks are therefore slightly less stringent than for usa131e exterior residential space. The noise standard for siting active recreation uses is 70 dB CNEL, rather than th~ 65 dB CNEL standard generallyapplied to residential uses. Th s s t n standard s~ based u on the N - ' N · ' ' g ' p C EL (Community Noise ~-quiva~ent Level) metric. C EL's a weighted 24-hour lexposure. Isolated truck movements within the Business Park will not measurably increaselthe CNEL at the adjoining proposed community park. The noise level from 115 trucks per hOur a! a 25 mph travel speed is 70 dB (FHWA-RD-77-108, calveno REMELs) at 50 feet from the travel path. It would require 2,760 trucks during a 12-hour period traveling as close as 50 feet to the proposbd community park to exceed 70 dB CNEL. As indicated by the commentor (page 4, 2 paragraph of the comment letter), Channell s e)isting operations involve a total of 28 trucks per day. The Business Park will never generate 2,760 daily truck trips within 50 feet of the proposed community park interface with the development of the Harveston project. Noise-sensitive recreation would, furthermore, not be placed directly at the park boundary, but generally more in the interior to further increase the buffer distance between any Business Park activity and recreatio~ users. Any reasonable assumptions of both Business Park activity levels and/or park use layoats suggest that there is zero constraint of one use upon the other. Active recreat'on ball fields a~nd other community park uses operate very successfully ~n close proximity to heavily traveled arterials or freeways. A shared boundary with a Business Park would neither impact the ability of busines~s to conduct its normal operations or for park users to enjoy community amenities. There a~e, therefore, no anticipated significant noise impacts that would require add~bonal mit~gabon, or that would render the EIR as "fatally defective." R:~S P\Har~estm SP\Channe~.¢ ~..doe Response11 The comment is acknowledged and will be forwarded to the appropriate decision-makers. Additionally, based on the responses provided above and below, it is the opinion of the City of Temecula that the Draft EIR is adequate and does not need to be revised or recirculated. ATTACHMENT- LSA ASSOCIATES, INC., MAY 10, 2001. The following responses have been provided by Mr. Bob Davis of Wilbur Smith and Associates (WSA), traffic consultant for the project, based on the comments provided in the letter by LSA Associates, Inc., dated May 10, 2001: Response A-1 Residential Trip Generation - WSA agrees that the Institute of Transportation Engineers (ITE) Trip Generation is the industry-accepted source for developing trip generation estimates for proposed development projects. The ITE Trip Generation publication is a three volume set of documents that includes a "Trip Generation Handbook." The Trip Generation Handbook sets forth ITE's recommended practice concerning the use and application of trip generation data/research contained in the ITE Trip Generation documents. The Trip Generation Handbook clearly states the recommended practice regarding the use of regression equations and weighted average rates. Regression equations are recommended when sufficient data and other factors exist that validate the use of the equations. In summary, ITE recommends that the regression equation be used when: 1 ) more than 20 data points a.re provided in the research data; 2) the calculated R2 value (level of data correlation) is at least 0.75; and 3) the number of dwelling units being studied falls within the cluster of data points used to calculate the regression equation, if all three of these conditions exist, then the regression produces as estimate of trip generation that is more accurate based on the research data than use of the average rate. As can be seen in the ITE Trip Generation Data Plots that were attached to the LSA Associates letter, there are clearly more than 20 data points and data correlation value is well above 0.75. Additionally, the number of single-family residential units (1,528) falls within the cluster of data points (e.g. from under 100 to approximately 2,900). Therefore, the ITE recommended practice was used for the Harveston Specific Plan traffic study. Response A-2 Service Commercial Trip Generation - The service commemial trip rate was derived based on a careful review of the types of uses that are allowed within the service commercial zoning and the typical mix of uses that currently occur along the I-15 corridor in Temecula. While the assumption that the entire site develops as regional shopping center type commercial (predominantly retail commercial) would probably yield the highest trip generation estimate, it does not appear to be realistic given the proximity to the Promenade Mall, adjacent Power Center; and Palm Plaza. Furthermore, this would not be typical of the variety of uses that currently occur along the 1-15 corridor. A mechanism (i.e., traffic mitigation monitoring program - refer to Mitigation Measure 5 of the EIR) is currently in place that will allow for the monitoring of traffic generation and off-site impacts as future phases of the project are proposed for development. Response A-3 Conflicts with Existing Truck Traffic - Due to the configuration of Equity Drive and County Center Drive, the layout of the Winchester Highlands Business Park, and how access is provided to Ynez Road, it would appear that most traffic and truck traffic uses will continue to use County Center Drive. While there may be a higher than typical number of trucks being generated specifically bythe Channell Commercial business, the total number of trucks (up to 28 per day) in our opinion is not a volume of truck traffic that would present a safety concern for pedestrian activity at the park. The R:~ P~Harv~ston SP~ChannelResp..doc primary parking area, for the park will be on the park site (i.e. 100 space parking lot) thereby minimizing the Potential for conflicts. Furthermore, much of the truck traffic will be occurring eady in the morning and not ~during peak usage time of the park. With regard to the cqncerns about truck traffic being able to turn left onto Ynez Road from County Center Drive, Ynez Road has been designated a high capacity Major Roadway on the County and C~rculat~on Element for over 15 years. As the City nears build-out, it is expected City of Temecula ' ~ ' that s~cjn~hcant volumes of traffic will be using the Ynez Road corridor whether or not the Harveston Specific :Plan Project ii implemented. At some point in the future, it is likely that traffic volumes at this intersection will reach levels that warrant a traffic signal. The future traffic signal would facilitate the left turn movement that is of concern to Channell Commercial. In surnmary, the Planning Department feels the Draft EIR project was prepared pursuant to regulations of CEQA and meets the requirements therein. The Planning Commission will consider the prcposed project on June 20, 2001. The project will subsequently be presented to the City Counc for the r con~ deration. If you h,ave any additional questions or would like to discuss this matter further, please feel free to contact me. Sincerely, Dave ~logan Senior Planner . Enclosure R:~S P~lar,/esmn SP~ChanneIR, )..doc ATTACHMENT NO. 7 GENERAL PLAN DENSITY ANALYSIS R:~S P'~larveston SP\PC Docs\ PC STAFFRPT.doc 42 The following is an analysis of the Iow and high densities of the existing General Plan Land Uses, the proposed Land Uses of the Harveston Specific Plan and the previous Winchester Hills Specific Plan that was never approved for this project area: Existing General Plan Land Uses Total Units Total Units Acres Low High (Low) (High) LM 276.2 3 828.6 276.2 6 1657.2 M 39 7 273 39 12 468 H ' 17.5 13 227.5 17.5 20 350 Mid-Range TOTAL 1329.1 2475.2 1902.15 Proposed Harveston General Plan Land Uses Total Units Total Units Acres Low High (Low) (High) LM 228 3 684 228 6 1368 M 61.4 7 429.8 61.4 12 736.8 H 16.8 13 218.4 16.8 20 336 Mid-Range TOTAL 1332.2 2440.8 1886.5 Harveston Specific Plan Residential Units (Proposed) 1921 Original Winchester Hills Specific Plan Residential Unit Proposal 1948 R:\S P~Harveston SP'~PC Docs\ PC STAFFRPT.doc 43 ATTACHMENT NO. 8 DRAFT DEVELOPMENT AGREEMENT R:\S P',Harveston SP~PC Docs\ PC STAFFRPT.doc 44 ATTACHMENT 8 VESTING RIGHTS Jun-06-01 04:Z4pm From- 61g-6993541 T-164 P.Z3/Z5 F-343 Attachment No. 8 to Harvestog Development Agreement VESTING (A) L£NNAR PROPERTY - The vested right~ afforded by Rte Agrceracn! include, without limitation, the right to the following: o o Building and occupancy permits for 1,921 dwelling units, including: a. approximately 578 "Low Medium" density, as defined in the Specific Plan, dwelling b. approximately 475 "Medium 1" density, as defined in the Specific Plan, dwelling c. approximately 568 "Medium 2" dcusity, as defined in the Specific Plan, dwelling cl. approximat~oly 300 "High" density, as defined in the Specific Plan. dw~llg units. Building ~_.nrl occupancy po'mits for 20,000 square fee~ of mixed use developmen! within the Village C~n~er. Building and occupancy p~mi~s for a private Village Club facility of approxim~ly 10,000 ~r~ &et with pool and ou~loor facilities on approxi~aIely 2.5 acres. Permits for the consh, uclion of a lai~ of approximately 8 acres. Build and occupy ~he village club, dwelling tmi~s and mixed use dcvelopmenr in aecora__~v~e wi~h ~he Design Guidcli~les set forth in Secgon 10 of thc Specific Plan ~_nd the Development S~anclards set forth in Se~ion 11 of the Specific Plan. Transfer dwelling imi~s between pl~nninS Areas, and Ya~' the inTensi~y of development wiR~n a Plar~__i_n_g Area, in accordance with Section 12.7 oft. he Specific Plan. WINCHESTER PROPERTY - Thc ve~ted righ~ afforded by thc Agreement inchtde, without l_i_m. _i~lion, lira right lo the following: Building and occupancY permils for die development of 112.5 gr~s of Service Co_m._m__ercial at floor area ratio range of.3 To I.$. Build and occupy thc service co.m,~ercial development in accordance with ~he Design Guidelines set forth in Section 10 of the Specific Plan and thc Development S!~ ~flards set forlh in Section 11 of the Specific Plan. DEVELOPMENT AGREEMENT By and Between THE CITY OF TEMECULA, City, and LENNAR and WINCHESTER HILLS, collectively Owner. 11086\0092\657182.3 6/14/01 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the day of ,2001 ("Agreement Date"), by and between , a ("Lennar") and Winchester Hills , LLC, a ("Winchester"), and the CITY OF TEMECULA, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes the CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; assist in the financing of public improvements; protect against initiatives, moratorium (processing or development) and other actions inconsistent with the Project anticipated by this Agreement; assure reimbursement of OWNER in accordance with the terms of this Agreement and state and federal law; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. Lennar and Winchester are the owners of certain real property within the City of Temecula, the County of Riverside, State of California (individually, "Lennar Property" or "Winchester Property" and collectively, the "Property"), as more particularly described in Attachments "l-A", "l-B" and "1-C", including a plat graphically depicting each respectively. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the Existing Regulations and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the 2 Property as c0ntem,31ated by this Agreement is described below. D. OWNER has applied for, and the CITY has agreed to, this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the go, als of the CITY, create a development project sensitive to human needs and values, Ifacilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of the CITY has required the prepalat~on of and has cerbfied the Project EIR ~n order to identify any significant environr~ental effects arising from the Development and has otherwise carried out all reqL~rements of the California Environmental Quality Act ("CEQA") of 1970, as ame~ded. I ,! F. The f Ilowing actions were taken with respect to this Agreement and the Project: I / ull~ !On , 2001, following a duly noticed and conducted p lic h'earing, the City Planning Commission recommended that the City Council approve tills Agreement, the General Plan amendment, the Specific Plan, Rezone and Tentative Map No. , by adoption of its Resolution No.__ and making the findingsI of fact thereto; 2. On , after a duly noticed public hearing and pursuant to cEQA, the City Council certified the Project EIR and adopted the Mitigation Monitoring and Rep, orting Program by adoption of its Resolution No. __ and making the findings of fact thereto; 3. On , after a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of t~e CITY by adoption of its Resolution No.__ and making the findings of fact thereto 4. !On , after a duly noticed public hearing, the City Council approved{he Specific Plan, the General Plan amendment, the Rezone and Tentative Map No. by adoption of its Resolution No. , Ordinance No.__ and making the findings of fact thereto; ,! 5. On , after a duly noticed public hearing, the Board of Directors of th Winchester Financing Authority will have adopted a Resolution Authorizing Chang FaCilities District 9~ Council introduced ;s to a Rate and Apportionment of Special Taxes of Community On Ordinance No. , after a duly noticed public hearing, the City __ approving and authorizing the execution of 3 this Agreement and on , the City Council adopted the Ordinance, a copy of which is on file with the City Clerk of the CITY, and the findings and conditions pertaining thereto. F. The CiTY has engaged in extensive studies and review of the potential impacts of the Project under the California Environmental Quality Act and all applicable Existing Regulations, as well as the various potential benefits to the CITY by the development of the Project and concluded that the Project is in the best interests of the CITY. G. In consideration of the substantial public improvements and benefits already provided and those to be provided by OWNER and the Project, as described in Attachment 2, in further consideration of the benefits that will inure to the CITY in conjunction with the implementation of the Project and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, the CITY intends to give and by this Agreement gives, OWNER assurance that OWNER can proceed with the Development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the Development Plan Approval(s) and the Existing Regulations. In reliance on the CITY's covenants in this Agreement concerning the Development of the Property, OWNER has and will in the future incur substantial indebtedness, as well as costs in planning, engineering, site preparation and the construction and installation of major infrastructure and facilities that OWNER would not incur but for the covenants of CITY provided in this Agreement. H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i)this Agreement and the Development Plan Approval(s) implement the goals and policies of the CITY's General Plan and the Specific Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the CITY, (ii) this Agreement and the Project are in the best interests of and not detrimental to the public health, safety and general welfare of the CITY and its residents; (iii)adopting this Agreement is consistent with the CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv)this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. The CITY and OWNER agree that it may be beneficial to enter into operating memoranda, additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated operating memoranda, additional agreements or modifications to this Agreement. AGREEMENT NOW, THEI',EFORE, pursuant to the authority contained in the Development Agreement Legisla ion, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement, the parties agree as follows: 1. ~Delin tions. Unless ;the context otherwise requires, the terms defined in this Section 1 shall, f ~ or all purposes of this Agreement, or any supp emental agreement, and any certificate, op n ~n or other document herein mentioned, have the meanings herein specified. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding; Art ~es, Sections or subdivisions of this Agreement, and the word "herein," "hereof," "=hereunder~' and other words of similar import refer to this Agreement as a 'whole and not to any particular Article, Section or subdivision hereof. "Add tonal Benefits" means those infrastructure improvements described in Attachment No. 12,1and OWNER's obligations as described in Section 4, the additional One Hundred. Fifty Thousand Dollars ($150,000) Fire Protection Fee described in Section 4.2.3.2 and the right of the CITY to mt Deveopment of the Property in accordance wi,th SeCtion 4.3.4. "Agreement introduction and re~' "Autho~izin this Agreement. Date" means 2001, the date of the second A ' ding of the uthorizing Ordinance by the City Council. Ordinance" means Ordinance No. __ of the CITY approving "CITY" means the City of Temecula, a California municipal corporation, duly organized and existilng under the Constitution and laws of the State of California, and all of its officials employees, agencies and departments and ass gnees or successors. "City Council" means the duly elected and constituted city council of the CITY. "Connecting Arterials" mean the arterial roads for which the alignment is not finally established ir~ the Specific Plan for Planning Areas 8, 10, 11 and 12, as required for tile Interchange Improvements on the east side of 1-15 wthn the western approximately'.one-{hird of the Project inclu~ling, without limitation, Date Street and Ynez Avenue. "Connectin Arterial Plan" shall mean the Alignment and Grade Plan, as the 5 same is defined by the City of Temecula Public Works Department, as defined in Section 4.3.4.1. "Develop" or "Development" or "Developing" means the improvement of the Property for purposes consistent with the Development Plan, including, without limitation: subdividing, grading, the construction of infrastructure and public facilities related to the Off-Site improvements, the construction of structures and buildings and the installation of landscaping, all in accordance with the phasing provided for herein. "Development Agreement Legislation" means Sections65864 through 65869.5 of the California Government Code as it exists on the Agreement Date. "Development Impact Fees" or "DIF" means, individually and in the aggregate, the CITY's currently adopted development impact fees as set forth in Ordinance No. 97- 09 in effect as of the Agreement Date as set forth in the Temecula Municipal Code in "Development Plan" means the plan for Developing the Property contained in this Agreement, the City of Temecula General Plan as amended on , 2001 and as thereafter amended in accordance with Section 3.6 hereof, the Specific Plan, Rezone, Tentative Tract Map No. 29639 and Tentative Tract Map Nos. 29928, 29929 and 30088, the Project EIR (including Mitigation Monitoring Program) and those Future Development Approvals, approved in conformance with Section 3.7 hereof. "Development Plan Approval(s)" means the approvals of the City Council and other governmental agencies and other actions and agreements described in Attachment 3 hereto, including those amendments to this Agreement made in accordance with Section 3.5, those amended to the Development Plan Approvals made in accordance with Section 3.6 and those Future Development Approvals made in accordance with Section 3.7. "Development Transferee" means a person or entity that expressly assumes obligations under this Agreement pursuant to Section 2.5 hereof. "Effective Date" means the date the Authorizing Ordinance becomes effective. "Existing Regulations" means those ordinances, rules, regulations and official policies of the CITY other than the Development Plan Approval(s) in effect on the Agreement Date, which govern the permitted uses of the Property, building heights, the size of structures, the density and intensity of use of the Property, the timing, fees, and conditions to Development, exactions, assessments, the procedures for, and types of, permits required for the Development, the previsions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Property and the infrastructure required for the 6 Dew.~lopment. By include those'porti two copies of eac/ one set of the cedi' "Future De way of enumeration, and not limitation, the Existing Regulations ms of the items identified on Attachment 4. The CITY has certified of the documents listed on Attachment 4. The CITY has retained led documents and has provided OWNER with the second set. velopment Approvals" means those entitlements and approvals that are: (a)madelin accordance with Section 3.7; and (b) requested by the CITY or OWNER in order to authorize the Development to occur upon the Property in a manner consistent with th~ Development Plan Approval(s). By way of enumeration, and not limitation, th~ FutUre Development Approvals include actions such as development plan review, .tenta~tive maps, final maps, use permits, variances, grading permits, occupancy permits and building permits. "Interchange Improvements" means the improvements required for a full service interchang~ for Interstate 15, within the western approximately one-third of the Project as the same may be approved by both Caltrans and the City of Temecula. "Lennar" m!ans "Lennar D~eve opment" means the Development located on the Lennar Property, and~ Publ c Infrastructure Improvements related thereto. "Lennar Pr~operty" means that certain real property that is part of the Property, as described'in Attachment 1-A hereto and subject to refinement upon recordation of the final "A" m, ap. { Builder" "Merchant means a buyer, assignee, or transferee (other than the OWNER or any End User) of one or more individual lots or tracts of the Project, acquiring such Iots~ or tracts for the purpose of engaging in the business of developing, improving, or:usin[~ such lots or tracts for development. "Off-Site improvements" means the '~mprovements set forth on Attachment 5 and described in tt~e Development Plan Approval(s). · "On-Site I~mprovements" means physical infrastructure improvements or facilities that are or' will be located on the Property as described in the Development Plan Approva, l(s) aid Attachment 6. "OWNER" is Lennar and Winchester and others who subsequently are assigned the nghts and obhgat OhS of OWNER pursuant to Section 2.5 hereof. "P ann ng Commission" means the duly appointed and constituted planning commission of thelCITY. 7 "Public Facilities Finance Plan" means the proposed plan attached hereto as Attachment 7. "Public Financing" means the issuance of bonds and related provision of funds for acquisition of public facilities in accordance with the terms and conditions of the Public Facilities Finance Plan. "Public Infrastructure Improvements" mean the improvements described in Attachment 5 and described in the Development Plan Approval(s). "Project" means the development of the Property as set forth in the Development Plan Approval(s). "Project EIR" means that environmental impact report prepared for the Project, as certified on ,2001. "Project Study Report" means Project Study Report approved by Caltrans that delineates the location and nature of the Interchange Improvements or any other improvements requiring Caltrans approval. "Property" means that certain real property described in Attachment 1-C hereof. "Specific Plan" means the Harveston Specific Plan, approved by the CITY on , 2001 and as thereafter amended from time to time in accordance with Section 3.6 of this Agreement. Any reference in this Agreement to a Planning Area shall mean the specified Planning Area as the same is set forth in the adopted Specific Plan. "Specific Plan Area" means the Property. "Term" means the time frames set forth in Section 2.3. "Winchester" means Winchester Hills , LLC, a "Winchester Development" means the Development located on the Winchester Property, and the Public Infrastructure Improvements related thereto. "Winchester Property" means that certain real property that is a part of the Property, as described in Attachment 1-B hereto and subject to refinement upon recordation of Tract Map No. 29639. General Pr( visions. 2.1 Bindinq Covenants. Except as otherwise provided for in this Agreement, the provisions of tills Agreement to the extent permitted by law, constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement Ishall bind and inure to the benefit of the parties, all successors in intereSt to the parties hereto to the extent provided for in this Agreement. 2.2 Inter~st of OWNER. OWNER represents that OWNER owns fee simple interest in the Prop~erty. 2.3 'rerm. This Agreement shall become effective on the Effective Date. Unless terminated pursuant to Section 2.4, with respect to the Lennar Property, this Agreement shall te~rminate at 11 59 p.m. on the tenth (10th) anniversary of the earlier of either (i) the date the CITY issues either the first (1st) building permit for a residential dwelling unit othel than a model unit or for a commercial structure within the Lennar Property or (ii) the second (2nd) anniversary of the Effective Date. The termination shall occur subje( to specific extensions, force majeure, revisions, and termination provisions of ;this ~ ~greement. Unless terminated pursuant to Section 2.4, with respect to the Winchester Property, this Agreement shall terminate at 11:59 p.m. on the tenth (10~') anniversary of the earlier of either: (i) the date the CITY issues the first (1~) building permit for a non-residential building on the Winchester Property; or (ii) the date the limitations on (Jevelopment imposed by Section 4.3.4 hereof terminate. 2.4 Termination. This Agreement shall be deemed terminated and of no further effect, exc,'ept for those covenants and agreements that expressly survive termination, Upon the occurrence of any of the following events: 12.4.1 If termination occurs pursuant to any specific provision of this Agreement, i~clud ng, without limitation, a termination in the event of default; 2.4.2 Completion of the total build-out of the Development pursuant to the terms of this ,~greement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.~ issuance of a fina' CITY to set asid Agreement. Entry after all appeals have been exhausted of a final judgment or order directed to the CITY as a result of any lawsuit filed against the , withdraw, or abrogate the approval of the City Council of this 2.4.4 The expiration of the Term as set forth in Section 2.3. To provide notice to all, and not as a condition of the effectiveness of a termination of this Agreement, the parties agree to execute and record terminations of or releases of this Agreement. 2.5 Transfers and Assiqnments. OWNER's reputation, resources and corporate history are a material component of CiTY's decision to enter into this Agreement. The CITY, but for the factors attributable to OWNER, would not have agreed to the terms and conditions set forth in this Agreement. In light of such reliance CITY desires to be provided assurances in regards to any successor to OWNER's rights, duties and obligations which arise, directly or indirectly, under this Agreement. CITY also does not desire to unduly intervene in OWNER's business affairs. In order to satisfy the goals and objectives of CITY, and to allow the OWNER reasonable freedom in regards to its business affairs, CITY and OWNER agree to the following provisions regarding transfers and assignments. 2.5.1 Assignments and/or Transfers Involvinq No Assi.qnment or Transfer of Specified Riqhts~ Duties and Obli.qations Under the Development Aqreement. OWNER, at any time and from time to time, may transfer to any person, firm or entity that lawfully capable of assuming the same, any interest the OWNER may possess in the Property or the Development Plan, without the prior approval of CiTY provided that, prior to the completion of the transaction which shall result in the transfe~ or assignment of the subject interest OWNER shall cause the following to occur: (i) OWNER shall give written notice to CITY of the proposed assignment or transfer, including the name of the transferee or assignee, the business address, facsimile number, telephone number and email address of the transferee or assignee, a reasonably detailed description of the interest being transferred or assigned and the anticipated date of the transfer. (ii) OWNER's legal counsel shall deliver a formal written opinion, for benefit of CITY and with the purpose of CITY's reliance on the same for all purposes, that no rights, duties or obligations of OWNER relating to the Additional Benefits, the Connecting Arterials, the Interchange Improvements, the Off-Site improvements and those matters set forth on the Attachments to the Agreement, and the timely and complete development thereof, are being transferred or assigned as a result of the transaction. In the event OWNER cannot provide the documents set forth in Subsection 2.5.1(i) and 2.5.1(ii) in the time frame required, OWNER shall obtain CITY's prior written consent, which shall not be unreasonably withheld. The transferees and assignees identified pursuant to this subsection shall be referenced as "Non-Obligation Assignees/Transferees." 2.5.2 Assi.qnments and/or Transfers Involvinq the Assiqnment or 10 Transfer of ;Cert lin Specified Ri,qhts, Duties and Obliqations Arisin,q Under the Development Aql ~ement. OWNER, at any time and from time to time may desire to transfer to anothe~r :he OWNER's rights, duties and obligations arising under and from the Development Agreement in regards to the promises and performances in regards to the Additional Behefits, the Connecting Arterials, the Interchange Improvements, the Off..Site Improvelnents and those matters set forth on the Attachments to the Agleement. 'The equirements attendant to the assignment or transfer are: (i) Prior to the completion of the assignment or transfer the OWNER shall del ver to CITY the information defined in Subsection 2.5.1 (i) above. (ii) Prior to the completion of the assignment or transfer OWNER shall deliver to CITY a duplicate of the instrument by which the subject rights duties and obligations a~e to be assignee or transferee including a description of the security being offered CIT~Y to ensure the completion of the rights, duties and obligations. (iii) Prior to the completion of the assignment or transfer OWNER shall deliver to CITY a proposed op nion prepared by the assignees or transferees legal counsel, to {he benefit of CITY which both identifies with particularity those rights, dul es and ;obhgabons under the Development Agreement to be assumed by the asmgnee or transferee and which unequivocally acknowledges that the assignee or transferee is bound by the terms of the Development Agreement and acknowledges the C 'FY may enforce the Development Agreement against such Party. (iv) Prior to the completion of the assignment or transfer OWNER sh;all deliver to CI~Y an estoppel certificate, at no cost to CITY, wherein OWNER specified and acknowledges those obligations under the Development Agreement which OWNER h~s retained. ,~ (v) CITY shall promptly review the documents submitted, at I such tirne all of the dqcuments are received by CITY and shall thereafter provide a written response to OWNER. CITY shall limit its review to the determination of (a) is the securitv for the s~ubject performances reasonably adequate to cause the subject rights, duties'and obligations to be completed as required by the Agreement and b) do the documents reaSOnably provide the information and conform to the standards and re~=uirements exl~ected of such instrument when the same is prepared by a competent leg'al practitioner. C TY shall de ver ~ts wntten rev ew, 'ncluding the changes CiTY requires as a precondition to the issuance of its consent, to OWNER. In the event CITY's requests are accepted by OWNER, a duplicate set of the execution ready 11 documents shall be provided to CITY prior to the close of the transaction for the purpose of CITY confirming all changes were correctly made therein. CITY shall thereafter be provided final, executed duplicates of the items described in Subsection 2.5.2(ii), (iii), and (iv) above concurrently with the completion of the transaction effectuating the assignment or transfer. The assignee or transferee shall be referenced as the "Development Transferee with Obligations." 2.5.3 Effect of Assignment or Transfer. Unless expressly set forth to the contrary in this Agreement CITY shall require OWNER to perform all premises, duties and obligations set forth in the Development Agreement with the sole exception of those which CITY has consented to be assigned or transferred to a development Transferee with Obligations. CITY shall look only to the Development Transferee to perform the obligations such party is obligated to perform. 3. Development Provisions. 3.1 VestinR. 3.1.1 Project. CITY covenants that OWNER has, and OWNER shall have, the right to implement the Development pursuant to the Development Plan Approvals and the Existing Regulations, including, without limitation, specific uses, 1921 residential units and 1,700,000 square footage of commercial development, building heights, building sizes, lot sizes, infrastructure standards and specifications, densities and types of development provided for in the Specific Plan, and the CITY shall have the right to control the Development in accordance with the Existing Regulations and the Development Plan Approval(s) ("vested right"). By way of enumeration, and not limitation, the vested rights afforded by this Agreement include those identified in Attachment 8 hereof. Except as otherwise expressly specified in this Agreement, the Development Plan Approval(s) shall control the design and development, and review and approval of all Future Development Approvals and all Off-Site Improvements and appurtenances in connection therewith. Except to the extent it has been amended, canceled, modified or suspended in accordance with the terms of this Agreement, this Agreement shall be enforceable by OWNER or its assignees notwithstanding any change in any Existing Regulation. 3.1.2 Limits on Development. The California Supreme Court held in Pardee Construction Company v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties to address certain limits on a CITY's ability to condition, restrict or regulate a development allowed a later adopted initiative to restrict the development. This Agreement cures that deficiency by expressly addressing the timing for the Development, the vested rights afforded by this Agreement and the scope of the CITY's Reserved Authority. Except as expressly set forth in the Development Plan Approval(s), regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Development in such order, and at such rate, in one phase or in multiple phases, at such times as OWNER deems appropriate within 12 the exercise of its subjective business judgment. Specifically, the CITY agrees that OWNER shall be .~ntitled to apply for and receive the Future Development Approvals and to develop anted use the Property at any time during the term of this Agreement, provided that such application is made and such development occurs in accordance w~th this Agreem,ent, the other Development Plan Approval(s) and the Existing Regulations. TheI CITY covenants that no Existing Regulation purports to limit the scope, rate or timing of Development or alter the sequencing of Development in a manner inconsistent w~th the Development Plan Approval(s). No future amendment of any CITY law, or f~Jture adoption of any CITY law or other action, that purports to limit the scope, rate or {iming of Development on the Property or alter the sequencing of the Development, in ~a manner inconsistent with the Development Plan Approval(s), whether adoPted (~r imposed by the City Council or through the initiative or referendum process, shall ap~ply to the Property. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by CITY on the number of dwellings units or amount of commercial development that may be built in any particular year on any portion of the I )roperty other than permitted by this Agreement. 3.'1.3 Entitlements, Permits and Approvals - Cooperation. 3.1.3.1 Processing. CITY agrees that it shall accept and expeditiously process, pursuant to CITY's regular procedures, OWNER's applications for amendments to this Agreement, amendments to the Development Plan Approval(s) and the Future De~,elopment Approvals. ' I 3 I 3 2 Further Mitigation In connection with the issuance of any Future Development Approvals which are subject to review under CEQA, unless required under th~ California Public Resource Code and the Guidelines promulgated thereunder, the C1~¥ shall not impose any environmental land use project alternatives or' mitigation meaSures on OWNER or the Property beyond those referenced in the Development Plan Approval(s). 3.1.3.3 Other Permits. The CITY further agrees to reasonably cooperate with O~VNER, at no cost to the CITY, in securing any County, State and Federal permits or authorizations which may be required in connection with Development of th Property. Except as expressly provided for in this Agreement, this cOoperation Shall ~ot require any economic contribution or similar consideration by the CITY. I I 3.1,3.4 Litigation. The CITY agrees to reasonably cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. If any legal action ~s ~nst~tuted by a third party or other governmental entity or official challen'ging the Development Plan Approval(s) or Future Development Approvals, the p~Jrties hereby agree to cooperate in jointly defending such action. 13 Notwithstanding the foregoing OWNER shall be responsible for all costs, including, but not limited to, attorneys fees, costs, expert witnesses and the like. OWNER shall reimburse CITY its costs within thirty (30) calendar days of receipt of any invoice by OWNER. 3.1.3.5 Acquisition of Off-Site Property. The CITY shall not postpone or refuse approval of a Future Development Approval because the OWNER or Development Transferee has failed to acquire off-site property required for the construction or installation of Off-Site Improvements. To the extent the CITY, OWNER or a Development Transferee does not have sufficient title or interest to permit the Public Infrastructure Improvements to be made at the time the Future Development Approval is filed with the CITY, the applicable OWNER or Development Transferee shall make a good faith effort to acquire the required property. If the OWNER or Development Transferee is unable to acquire the required property, the CITY shall consider in good faith the acquisition of the required property. Subject to the following if the CITY is unable to acquire the required property by negotiation or condemnation within the time frame provided for in Government Code Section 66462.5, the CITY shall continue to issue Future Development Approvals for the Project despite the fact that the improvement has not been completed. Notwithstanding the above, the CITY's obligation to continue to issue Future Development Approvals as provided for in this Section is contingent upon: (i) the applicable OWNER or Development Transferee submitting the improvement plans required for the improvement to the CITY; and (ii) consistent with Government Code Section 66462.5, the OWNER or Development Transferee enters into an agreement with the CITY to reimburse the CITY for costs incurred by the CITY in acquiring the required property; and (iii) so long as OWNER or Development Transferee has deposited with CITY an amount equal to the costs of the Public Infrastructure Improvement(s) which are uncompleted. CITY may use these funds for community circulation/transportation improvements in its sole discretion. 3.2 Reserved Authority. 3.2.1 Uniform Codes. This Agreement shall not prevent the CITY from applying new uniform construction standards adopted by the State of California as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, to the Development, provided those same standards are applied to all other development within the CITY. 3.2.2 State and Federal Laws and Regulations, Subject to compliance with the requirements of this Section 3.2.2, the Property may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Development Plan Approval(s). Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, CITY or OWNER shall provide the 14 ' tare or federal law or re ulation rovide a co other parties with written notice of the s g , P PY of the law or regulation, and a written statement of conflicts with the provisions of this Agreement. :Prom' ptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable ,attempt to determine whether a modification or suspension of this Agreement, in whble or in part, is necessary to comply with such federal or state law or regulation. In sucJh negotiations, CITY and OWNER agree to preserve the terms of this Agreement and tl~e rights of OWNER as derived from this Agreement to the maximum feasible extent wt~de resolv ng the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER wi!hour materially increasing the financial obligations of CITY under this Ag~eement. CI'F~' also agrees to process in a prompt manner OWNER's proposed changes to the Project as may be necessary to comply w~th such Federal or State law; provided, h°wev~r, that the approval of such changes by CITY shall be subject to the discretion of~ CIT~, consistent with this Agreement. 3.2.3 Regulation for Health and Safety. Nothing in this Agreement shall be construed to be in derogation of CITY's police power to protect the public health and safe~ from a sudden unexpected occurrence, involving a clear and imminent danger, demanding immediate and interim action to prevent or mitigate loss of, or damage t~, life, health, property, or essential public services involving the Property or the immediate community ("Exigent Event"). Upon discovery of an Exigent Ew~nt, CITY may suspend this Agreement for a period reasonably necessary to analyze, evaluat~ and develop a response to the Exigent Event following delivery of written notice of ~suspens~on to OWNER. Immediately thereafter, the suspension shall end and CITY shall provide the OWNER with written notice of the existence of the Exigent Event, aI detailed explanation of the CITY's proposed action, and a written statement of con~.icts with the provisions of this Agreement. Promptly thereafter CITY and OWNER sh~ll meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to core, ply with the Exigent Event. in such negotiations, CITY and OWNER ag~ree to preserve the terms of this Agreement and the rights of OWNER as derived from this Agreem~ent to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the fin;~ncial obligatidns of CITY under this Agreement. CITY also agrees to process in an expedited manner OWNER's proposed changes to the Project as may be necessary to comply with the Exigent Event; provided, however, that the approval of such changes by CITY shall be ~subject to the discretion of CITY, consistent with this Agreement. 3.3 ~ Further Assurances to OWNER Re.qardin,q Exercise of Reserved _Authority. , 3,3¸ public benefits t( in consideration I Assurances to OWNER. The parties further acknowledge that the be provided by OWNER to the CITY pursuant to this Agreement are or and reliance upon assurances that the Property can be developed 15 in accordance with the Development Plan Approval(s) and the Existing Regulations. Accordingly, while recognizing that the Development of the Property may be affected by the exercise of the authority and rights reserved and excepted as provided in Sections 3.1 and 3.2 ("Reserved Authority"), OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of rules, regulations and policies which might otherwise permit the CITY, in violation of the Reserved Authority, to attempt to apply rules, regulations and policies that are inconsistent with the Development Plan Approval(s). Accordingly, OWNER desires assurances that the CITY shall not, and the CITY agrees that it shall not, further restdct or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority, which excuse shall not be considered to be a violation of this Agreement. 3.3.2 Judicial Review. Based on the foregoing, if OWNER judicially (including by way of a reference proceeding) challenges the application of a future rule, regulation or policy as being in violation of this Agreement and as not being applied in accordance with the Reserved Authority, OWNER shall bear the burden of alleging that such rule, regulation or policy is inconsistent with the Existing Regulations and the Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in establishing by a preponderance of the evidence that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by the CITY in violation of this Agreement. 3.4 Consistent and Inconsistent Enactments. 3.4.1 No Conflicting Enactments. The CITY shall not enact a rule, regulation, ordinance, policy, permit or other measure (collectively "Law"), nor take any action applicable to the Project or the Property, which governs the rate, timing, scope, intensity, use, density, manner, or sequencing of the Development, or any part thereof and which is inconsistent or in conflict with the Development Plan Approval(s). By way of enumeration, and not limitation, any law, action or inaction, whether by specific reference to the Project, this Agreement or otherwise, shall be considered to conflict if it: 3.4.1.1 Restricts the vested rights described in the Agreement or in any way limits or reduces the rate, timing, scope, intensity, use, density, manner, or sequencing of the Development or otherwise requires any reduction or increase in the number, size, height or square footage of lot(s), structures, buildings or other improvements, modifies the standards and specifications applicable to the infrastructure required for the Development or requires additional dedications, exactions, fees or mitigation other than that provided for in the Agreement; 3.4.1.2 Is consistent with Section3.4.1.1 hereof, but is not 16 uniformly apl~lied or already part of th6 )y the CITY to all substantially similar development within the CITY; 3.4.1.3 Imposes a new permit requirement or procedure not Existing Regulations. ,3.4.2 Consistent Enactments. By way of enumeration and not lim~tat on, the following types of enactments shall be considered consistent with this Agreement and Ex~sbng Regulations and not in conflict: 3.4.2,'1 Transfers of units or permitted uses within the Property as provided for in Section 11.2 of the Specific Plan; 3.4.2.2 Changes in the phasing of the Development pursuant to an application frm ~ OWNER and as first approved by the CITY; and 3.4.2.3 Any enactment authorized by this Agreement. 3.4.3 Consistency Between This Agreement, the Development Plan Approval(s)' andlExisting Regulations. To the extent a conflict exists or develops between the Existing Regulations and the Development Plan Approval(s), the Development Pla~ Approval(s) shall be controlling. To the extent a conflict exists or develops betwee~.n this Agreement and any other Development Plan Approval(s) [excluding al,I reqt~rements of the EIR], this Agreement shall be controlling. 3.5 Amendment of Development Aqreement. 3.5.'1 Initiation of Amendment. Either CITY or OWNER may propose an amendment t~) this Agreement. Lennar acknowledges that it shall not initiate an amendment; of tl~is Agreement with respect to the Development of the Winchester Property. Winchester acknowledges that it shall not initiate an amendment of this Agreement With r~spect to the Development of the Lennar Property. No Development Transferee assigned the r'ghts and obligations of an OWNER pursuant to Section 2.5.3 shall have ti~e rigl~t to initiate an amendment with respect to any property other than the portion of t, he ?roperty owned by that Development Transferee. Both CITY and OWNER agree t~at it may be beneficial to enter into an amendment of this Agreement in connection with the implementation of,the separate components of the Project, Ne,ither an End U~ser, a Merchant Builder nor a Development Transferee shall have the right to initiate an amendment of this Agreement without the written consent of the OWNER. An operating memorandum, as defined below, is not an amendment of this Agreement. 3.5.=2 Changes Requiring an Amendment. Unless otherwise required by law, neither ah amendment to the Development Plan Approval(s) or the approval of 17 a Future Development Approval shall require an amendment of this Agreement unless the amendment: 3.5.2.1 Materially alters the permitted uses of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; 3.5.2.2 Increases the density or intensity of use of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; or 3.5.2.3 Increases the maximum height and size of permitted buildings. Notwithstanding anything to the contrary herein, an amendment of this Agreement is not required if OWNER pursues entitlements, permits or approvals pursuant to a waiver of vested rights as provided for in Section 4.1. 3.5.3 Procedure. Except as set forth in Section 3.5.5 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 3.5.4 Consent. Any amendment to this Agreement shall require the written consent of both the CITY and the OWNER whose portion of the Property would be materially affected by the amendment. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing, signed by duly authorized representatives of the CITY and the applicable OWNER, and adopted pursuant to legal requirements imposed on CITY. An amendment of this Agreement does not require the consent of an End User, Merchant Builder or Development Transferee unless such person or entity has uncompleted obligations under this Agreement. To the extent the consent of the OWNER that did not initiate the amendment is necessary, that OWNER shall not unreasonably withhold its consent. Notwithstanding the above, that OWNER shall consent to the amendment on or before the thirtieth (30~") day after receipt of notice of the initiation of the amendment if, as determined in that OWNER's reasonable business judgment, that proposed amendment will not have a material adverse impact on the Development of that OWNER's portion of the Property. 3.5.5 Operating Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the parties mutually find that nonsubstantive changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the Development Plan Approval(s), they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on 18 behalf of the Cl'l-~'~ and by any corporate officer or other person designated for such nur~)ose in a. writi~(3 sion~d bv a corporate officer on behalf of OWNER, which, after ;x;'cution, shall b~'att;ched I~ereto as addenda and become a part hereof. Unless otherw se require(J by law or by the Development Plan Approval(s), no such changes, adjustments,, or clar~ficabons shall require prior notice or hearing, public or otherwise. Nothing herein st~all authorize the delegation of authority to the City Manager, or designee, contra~ to California or Federal Law. 3.6 'Futu're Amendments to Development Plan Aol~roval(s). The following rules apply to futlere amendments to the Development Plan Approval(s), except that Section 3.5 shall l control with respect to a nonsubstantive amendment of this Agreement and S~ction 3.7 shall control with respect to Future Development Approvals: 3.6.'1 OWNER's Written Consent. It is contemplated by the parties that mu~:ually agreed ~upon amendments to the Development Plan Approval(s) may be necessary. Any ~mendments to the Development Plan Approval(s) to which OWNER does not agree i,ln writing shall not apply to the Property or the Project while this Agreement is in effect. 3.6.2 Concurrent Development Agreement Amendment. Any other Development Plar{ amendment requiring amendment of this Agreement, as provided for in .Section 3.5 h~reof, shall be processed concurrently with an amendment to this Agreement in the ~anner required by law. 3.6,3 Effect of Amendment. Except as expressly set forth within this Agreement, an amendment of the other Development Plan Approval(s) will not alter, affect, impair or o~therwise impact the rights, duties and obligations of the parties under th .~ Aareement. ~o the extent an amendment to the Development Plan Approval(s) is appro~/ed in accordance with Section 3.6.1, the amendment shall consttute for all purposes a Deve!opment Plan Approval and shall be treated as if it were in existence on the Agreement Date. 3.7 Fut re Development Approvals. 3.7.~1 Exercise of CITY Discretion. In connection with Future Development Approval or any other actions which the CITY is expressly permitted to make under this ~greement relating to the Project, the CiTY shall exercise its discretion or take action in a manner which complies and is consistent with the Development Plan Approval(s) 'and t~ e Existing Regulations. 3.7.2 Concurrent Development Agreement Amendment. Any Future Developmeht Ap~proval requiring amendment of this Agreement, as provided for in Section 3.5 her(~of, shall be processed concurrently with an amendment to this 19 Agreement. 3.7.3 Effect of Future Development Approvals. Except as expressly set forth within this Section 3.7, a Future Development Approval will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. To the extent a Future Development Approval is approved in accordance with Sections 3.7.1 and 3.7.2, the Future Development Approval shall constitute for apl purposes a Development Plan Approval and shall be treated as if it were in existence on the Agreement Date. 4. Obliqations of the Parties. 4.1 Benefits to CITY. The direct and indirect benefits the CITY (including, without limitation the existing and future residents of the CITY) will receive from the approval of the Development Plan Approval(s) generally include, but are not limited to,' the items identified below. Nothing in the Development Plan Approval(s) or otherwise obligate OWNERS to construct the Development or any part thereof. OWNER further reserves the right to waive, in whole or in part, the vested rights afforded by the Development Plan Approval(s), and pursue entitlements, permits or approvals other than those provided for in the Development Plan Approval(s). 4.'1.t Growth Management. The Project conforms to the CITY's effort to manage growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, design standards and layout concepts exceeding the CITY's standards for residential development, and the village-center concept. 4.1.2 Schools. The provision of a site for a new elementary school and the construction of such school on an "up front" basis to assist the local school district in meeting current area needs as well as creating adequate capacity for future needs. 4.1.3 Parks and Recreation. The public parks and other recreational facilities to be dedicated and/or constructed as provided for in this Section 4 satisfy the CiTY's requirements for open space and parks, and contribute to meeting the need for open space and parks in the area, including, without limitation, the 16.5 acre Community Park, and Winchester Creek Park. 4.1.4 Other Project Benefits. In addition to the above bene£~s, the Project will provide those benefits identified in Attachment 2 hereof. 4.2 Development Fees. 4.2,1 Fee Rates. The CITY hereby agrees that neither the Property OWNER or Memhant Builder, nor except as provided hereunder the Development shall be subject to any new or revised fees or charges, including, without limitation, Development Impact Fees, that the CITY may enact, adopt, or impose on or after the 20 Agreement Date. 4.2.2 Processing and Application Fees. OWNER shall pay the application ~Jnd p~ocessing fees customarily imposed on the type of entitlement sought at the rate, and lin the amount, imposed by CITY pursuant to the fee schedule, resolution or.'ordi~ance applicable to all projects in the CITY and in effect at the time the application is dee~ned complete and accepted by CITY for action. 4.2.3 Fees for the Lennar Property. Except as expressly modified in this Agreem, ent, ihe presently adopted Development Impact Fees as charged by the Cl;~'Y on the Agreement Date shall be imposed upon Lennar Development at the rate in effect as of the Agreement Date. The Development Impact Fees imposed on the Lennar Development are not subject to upward adjustment. DIF payments shall be ma.de at the time bf the issuance of building permits. 4.2.3.1 TUMF Fees for the Lennar Property. The CITY and Lennar acknowle~dge that a Traffic Uniform Mitigation Fee (the 'q'UMF") program is currently being co~nsidered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted, the CITY and Lennar ag~'ee that the L~nnar Property's obligations under TUMF shall be deemed satisfied throueh: (i) Lenr~ar's or the Lennar Property's participation in and payment of special ta~:es-under Commumty Fac 't'es D str ct 98-1 or subsequent d*str ct formed pursuant to Section 4.4; (ii) a~y future special taxes paid by Lennar or the Lennar Property imposed under Communit~ Facilities District 98-1 or subsequent districts formed pursuant to Section 4.4; (iii) ~11 Off-Site Public Infrastructure Improvements and other infrastructure iml3rovements tolbe and which actually are constructed and financed by Lennar under this Agreement and accepted by CITY; and (iv) Lennar's dedication to the CITY and/or a district such rig~hts of way as may be required for Public Infrastructure Improvements and other infrastructure improvements. 4.2.3.2 Fire Protection Facilities Fee for the Lennar Property. Uponl, the issuance of a building permit for a dwelling unit or commercial structure within the Lennar Development, the Lennar Development shall pay the Fire Protection Facilities Component of the DIF at the rate specified for that building permit in the DIF Ordinance in effect on the Effective Date. Lennar agrees to pay to the CITY an additional Fi~e Protection Facility fee of One Hundred Fifty Thousand Dollars ($150,000) prior to the issuance of the first (1~) residential building permit for a dwelling unit. CITY agrees to dedicate this additional fee to Fire Protection Facilities and equipment that service the Lennar Development. ' ~ 4.2.3.3 Credit for Other Development Impact Fees for the Lennar Property. CITY shall, as Building Permits are obtained by Lennar credit Lennar for the following DIF components and consider the Lennar Development's 21 obligation with respect to those DIF components to be paid in full. 4.2.3.3.1 Park and Recreation Fee Component, CITY acknowledges that Lennar will construct or finance, park and recreation improvements at a cost that meets Development obligation of the Lennar Development's obligation with respect to Park and Recreation Fee Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Park and Recreation Fee Component of the DIF shall be credited to Lennar upon CITY's acceptance of the park and recreation improvements Lennar is required to design, construct and deliver to CITY. Notwithstanding the foregoing Lennar is not required to pay this component of the DIF unless and until the CITY determines Lennar is in default as to its obligation to design, construct and deliver the required park and recreation improvements pursuant to this Agreement. 4.2.3.3.2 Street Improvement Fee Component. CITY acknowledges that Lennar has constructed or financed, and that Lennar will construct or finance, street improvements at a cost in excess of the Lennar Development's obligation with respect to the Street Improvements Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with_respect to the Street Improvement Component of the DIF shall be credited to Lennar upon CITY's acceptance of the On-Site and Off-Site Imprevements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing Lennar shall not be required to pay this component of the DIF unless and until the CITY determines Lennar is in default as to the obligation to complete to On-Site and Off-Site Improvements pursuant to this Agreement. 4.2.3.3.3 Traffic Signal Fee Components. CITY acknowledges that Lennar has constructed or financed, and that Lennar will construct or finance, traffic signal related improvements in an amount in excess of the Lennar Development's obligation with respect to the Traffic Signal Fee Component of the DIF. CITY agrees that one hundred pement (100%) of the Lennar Development's obligation with respect to the Traffic Signal Component of the DIF shall be credited to Lennar upon CITY's acceptance of the subject improvements. Notwithstanding the foregoing Lennar is not required to pay this component of the DIF unless and until the CITY determines Lennar is in default as to its obligation to construct or finance the subject improvements pursuant to this Agreement. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. 4.2.4 Fees for the Winchester Property. Winchester shall, upon delivery to CITY of the Grant Deed attached as Attachment 9 and as referenced in Section 4.3.3.2, shall receive the following credits for the Development Impact Fees described below, in the amounts specified. 22 CompOnenl Street Systerr Impro?emen!s Type of Land Use Credit Office 100% Retail Commercial 100% Service Commercial 100% Business Park/Industrial Traffic Signa s~ and Office 100% Traffic Control Retail Commercial 100% Systems Service Commercial 100% Business ParkJIndustrial TUMF~ 100% 100% 100% 'Win, :hester shall be obligated, at the time of obtaining building permits for any Development'on the Winchester Property, to pay the Development Impact Fee, and n the amounts, set forth hereunder: Componen~ Fire Piotecti!n Facilities and Winchester program is durrer Type of Land Use Proposed Maximum Fees Office 0.102 Retail Commercial 0.252 Service Commercial 0.140 Business Park/Industrial 0.085 Office 0.267 Retail Commercial 0.048 Service Commercial 0.038 Business Park/Industrial 0.033 4.2.4.1 TUMF Fees for the Winchester Property. The CITY ~cknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") ~y being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted, the CITY and W nchester agre,~ that the Winchester Property's obligations under TUMF shall be deemed sat sfiedlthrough: (i) Winchester's or the Winchester Property's participation in and payment of special taxes under Community Facilities District 98-1 or subsequent district formed ptJrsuant to Section 4.4; (ii) any future special taxes paid by Winchester or the winchester Property imposed under Community Facilities District 98-1 or suli3sequent districts formed pursuant to Section 4.4; (iii) all Off-Site Public Infrastructure Improvements ar{d other infrastructure improvements to be constructed or financed by 23 Winchester under this Agreement and which are accepted by CITY; and (iv) Winchester's dedication to the CITY and/or a district such rights of way as may be required for Public Infrastructure Improvements and other infrastructure improvements. 4.2.4.2 Development Impact Fees for the Winchester Property. Except for those Development Impact Fees credits described hereunder, upon the issuance of a building permit for a dwelling unit or commercial structure within the Winchester Development, the Winchester Development shall pay the applicable DIF. 4.2.4.3 Credit for Other Development Impact Fees for the Winchester Property. CITY shall, upon the Effective Date, credit Winchester for the following DIF components and consider the Winchester Development's obligation with respect to those DIF components to be paid in full. 4.2.4.3.1 Street Improvement Fee Component. CITY acknowledges that street improvements have been or will be constructed or financed at a cost in excess of the Winchester Development's obligation with respect to the Street Improvements Component of the DIF. CITY agrees that one hundred percent (100%) of the Winchester Development's obligation with respect to the Street Improvement Component of the DtF shall be credited to Winchester upon CITY's acceptance of the subject improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing, Winchester is not required to pay this component of the DIF unless and until CiTY determines Winchester is in default as to its obligation to construct or finance the subject improvements pursuant to this Agreement. 4.2.4.3.2 Traffic Signal Fee Components. CITY acknowledges that traffic signal related improvements have been or will be constructed or financed in an amount in excess of the Winchester Development's obligation with respect to the Traffic Signal Fee Component of the DIF. CITY agrees that one hundred percent (100%) of the Winchester Development's obligation with respect to the Traffic Signal Component of the DIF shall be credited to Winchester upon CITY's acceptance of the subject improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing, Winchester is not required to pay this component of the DIF unless and until CITY determines Winchester is in default as to its obligation to construct or finance the subject improvements pursuant to this Agreement. 4.3 Related Real Property Conveyances; Conditions to Development A.qreement. 24 ~ 4.3.t Intent of the Parties. The CITY and OWNER agree that the entitlements; vesting and other rights that will allow OWNER to develop the Project in accordance With the Development Plan Approval(s), along with the timely completion and performance ~of the real estate transactions and the related agreements described hereafter are a m~atedal component of the consideration each party has relied upon in its ~respective decision to enter into this Agreement. OWNER and the CITY, individually and collectively, iepresent that neither party would have entered into this Agreement but for these com~mitments. Termination of this Agreement terminates the obligation of the applicable pa~rty to perform with respect to those items discussed in Sections 4.3, 4.4, 4.5, 4.8, 4.7J, 4.11, 4.12, 4.13 and 4.14 and the applicable party shall only be required to P~erforh~ the obligations set forth in the other Development Plan Approval(s). 14.3.3 Community Park. Lennar has agreed to dedicate, design and construct a 116.51 acre community park in the approximate location depicted in the Sp~cific Plan ("Community Park"). The following describes Lennar's and the CITY's rights and obligati?ns with respect to the Community Park. I 4.3.2.1 All real property shall be conveyed as provided for in Section 4.3.6. Lennar shall demonstrate the condition of title pursuant to a CLTA title insurance policieS, in amount equal to the fair market value of the land. 4.3.2.2 Prior to the issuance of the first building permit in Phase II as such phaselis identified in the Specific Plan, Lennar agrees to construct, complete the 90-day maiqtenance period to the satisfaction of the Drector of Community Services and dedicate fee title to the Community Park. Upon acceptance of the fee title by the City Cou~.cll, building permits may be issued for Phase II as long as other conditions or requirements have been met. 4.3.2.3 Lennar shall work with the CITY to design the Community Park site to the reasonable satisfaction of the Director of Community Services and cons stent with the requirements of Section 6.0 of the Specific Plan. In summary, the Co~mmunity Park will generally be improved with two (2) full sized soccer fields, two (2)!full sized softball fields, appropriate athletic field lighting, a re.~;troom/snack bar facility consisting of separate male and female facilities, and a sn;ack bar facilityI of 1800 square feet containing utility hookups, age appropriate play structures, Concrete walking paths and parking improvements. The CITY's present cost estimate for theI design and construction of the improvements for the park site is $2,500,000.00. The park Development Impact Fee credit allocated to Lennar under this Agreement for th~ design and construct, and the park is $2,500,000.00. Lennar shall provide verificati~)n to the CITY of actual design and construction cost. Any and all Community Park design and construction cost in excess of $2,500,000.00 shall be the sole responsibilit of Lennar. 4.3.2.4 CITY and Lennar agree to cooperate on the design of 25 the Community Park. Conceptual plans for the Community Park are incorporated into the Specific Plan. Lennar shall prepare schematic plans for the Community Park and submit the same for review and approval by the CITY. Following approval of the schematic plans, the Lennar shall prepare construction plans and submit the same for review and approval by the CITY. 4.3.2.5 Notwithstanding anything to the contrary herein, CITY must continue to issue building and occupancy permits for dwelling units within the Lennar Development even if the total number of building permits exceeds the threshold established in Section 4.3.2.2 if an event described in Sections 9.3 or 9.4 occurs, including, without limitation, the failure to determine the final and permanent alignment of Ynez Road, and Lennar and CITY determine in their reasonable discretion that the event will cause, or has caused, Lennar to not be able to substantially complete the Community Park improvements (including the 90 day maintenance period) within the time frame provided for in Section 4.3.2.2. 4.3.3 Conveyance of Right of Way for Interchange Improvements. In consideration of the CITY's performance pursuant to the terms of this Agreement, and compliance with the terms of this Section 4.3.3, CITY and Winchester agree to the following with respect to the conveyance of a portion of the Winchester Property to the CITY. 4.3.3.1 Following the Effective Date, the CITY and OWNER agree to work in good faith to identify that portion of the Winchester Property that will likely be necessary for the Interchange Improvements. The portion of Winchester Property that Winchester shall convey ("Interchange Improvement Area") shall be: 4.3.3.1.1 no larger than the minimum amount of the Winchester Property required for the Interchange Improvements and which is estimated to be ten (10) gross acres and in no event shall be in excess of 20 gross acres of the Winchester Property; 4.3.3.1.2 located along the western edge of the Winchester Property abutting I-15; 4.3.3,1.3consistent with (i) the approved plans for the Interchange Improvements, to the extent they exist; or (ii) the Project Study Report. 4.3.3.2 No later than January 1, 2003, Winchester shall convey, and the CITY shall accept merchantible fee title free and clear of all liens of record to the Interchange Improvement Area as specifically identified by CITY. The grant deed conveying the Interchange Improvement Area to the CITY shall be in form attached hereto as Attachment 9. Notwithstanding anything to the contrary in this Agreement in 26 the event the gra each of them, sha deed is not conveyed consistent with this Agreement OWNER, and be in default under this Agreement. 4.3.3.2.1 In the event CITY, as a result of the Project Study Report, det rmines some or all of the conveyed Interchange improvement Area s not necessary for Interchange Improvements, CITY may, in its discretion retain the conveyed land fo~ use for C~ty supported ctrculabon purposes or City may dispose of the land, in wholel or part, by sale upon terms and conditions City deems reasonable and prudent, andlin furtherance of the City's general health, safety and welfare. The CITY agrees thai the proceeds derived from a sale shall be used exclusively for transportatioh imp~rovements directly benefitting in the City's opinion, the Winchester Property. I 4.3.3.2.2 CITY agrees that it shall not sell or otherwise dispose of more than ten (10) acres of the real property deeded to it by Winchester. CITY shall concurrent with the disposition of the ten (10) acre parcel it is conveying through the sale, Ideed to Winchester the remainder of the land previously granted to CITY by Winchester pursuant to Section 4.3.3. 4.3.4 Development Affected by the Interchange Improvements. In further cons~dera, t~on of the CITY's performance pursuant to the terms of this Agreement, OWNER and CITY agree to the following: ~ 4,3.4.t OWNER agrees to develop and CITY agrees to consider in good faith, subject to normal review and approval processes, an Alignment and Grade PlanI identifying the location of any Connecting Arterials as soon as reasonably possible. The Connecting Arterials Plan shall be consistent with the Interchange !Improvement Area. In developing and considering the Connecting Arterials Plan, and participating in the approvals for the Interchange Improvements with Caltrans and others, the Parties shall use their best efforts to minimize the impact of the nterchange Improvements on the Project. 4.3.4.2 Pdor to the earlier of the Ii) the conveyance of the Interchange Imprpvement Area and the CITY's approval of the Connecting Arterials Plan or (ii) Janu,~ry 1, 2003, and except as provided for in this Section, OWNER and CITY agree;that OWNER will not construct permanent improvements within the area depicted on AttaChment 11 ("Limited Development Area"). As regards the Limited ~ n Development Area, the CITY, pursua t to the direction of the City Engineer may revise Attachment 11 ~s to any geographic area in which OWNER has not commenced construction' of a~ny improvements. The CITY shall not unreasonably withhold or condition any ~Future Development Approvals for areas outside the Limited Development Ar,ea based upon the Interchange Improvements and/or the CITY's approval of ithe Connecting Arterial Plan. Within the Limited Development Area, and nolwithstanding nything to the contrary herein, the CITY shall approve and OWNER 27 shall be entitled to: 4.3.4.2.1 at OWNER's sole cost and expense and subject to CITY plan check and customary permitting and development standards, perform grading work and construct temporary improvements, including, without limitations, roads that may be opened for use by the public so long as the same are removed in the manner and timeframes the CITY may require in furtherance of the Interchange Improvements and the Connecting Arterials; 4.3.4.2.2 construct permanent improvements, provided OWNER agrees to relocate the permanent improvements, if necessary, at its sole cost and expense, to conform to the approvals attendant to the Interchange Improvements and the Connecting Arterials Plan. 4.3.4.3 From and after the release of the restrictions imposed on the Limited Development Area on January 1, 2003, OWNER shall have the vested right to Develop the Limited Development Area and the CITY shall process Future Development Approvals in accordance with the following: (i) if Caltrans approved the Project Study Report, the Interchange Improvements and Connecting Arterials shall be consistent with the Project Study Report and OWNER shall have the vested right to Develop the Limited Development Area in accordance with the Development Plan Approval(s) in All other respects and the CITY shall process Future Development Approvals consistent with the geographic parameters established within the Project Study Report; (ii) if Caltrans has not approved the Project Study Report, but the CITY has approved the Connecting Arterials Plan in accordance with this Agreement, the Interchange improvements shall be consistent with the Connecting Arterial Plan and OWNER shall have the vested right to Develop the Limited Development Area in accordance with the Development Plan Approval(s) in all other respects and the CITY shall process Future Development Approvals consistent with the same; or (iii) if Caltrans has not approved the Project Study Report, and the CITY has rejected on grounds other than generally accepted engineering practice, the Connecting Arterials Plan, OWNER shall have the vested right to Develop the Limited Development Area and the CITY shall process Future Development Approvals, in accordance with the Development Plan Approval(s) and consistent with the alignment for Date Street and Ynez Avenue depicted in CITY's General Plan without regard for the location of any Interchange Improvements, the Complete Interchange Project or the Connecting Arterials Plans. 4.3.4.4 Provided the location of the Connecting Arterials is identified in a manner consistent with this Section, any modification to the Specific Plan required to identify the location of the Connecting Arterials may be approved by the 28 City Manager, or his designee, without the necessity of a public hearing. CITY and OWNER shall cooperate in the preparation of necessary figures, text and maps to document such a ~.change. 4.3.5 Quimby Credits. The CITY's Subdivision Ordinance parkland dedication requirements (Qmmby Act"), would require the Lennar Development to dedicate 26.75 a(~res. Because the Winchester Development includes only commercial usas, the Winchester Development does not have a Quimby Act obligation. Upon Lennar's and Wilchester's performance under this Agreement pursuant to its terms and the provisior of the recreational areas identified in the Specific Plan, CITY agrees theft the OWNER will have satisfied the Development's 26.75 acre obligation under the Quimby Act and that CiTY shall not exact any additional Quimby Act dedications or contribution,s fro ~ the Development. 4.3.6 Liens, Encumbrances and Environmental Conditions. All real property dedicated to the CITY pursuant to this Agreement shall be free and clear of any and all matte~rs of record that the CiTY objects to in its sole discretion, including but not limited to matters which require the direct payment of money (excluding all non- delinquent taxes land assessments), including but not limited to, deeds of trust and mE chanic liens. ~.he real property shall also be dedicated free of other encumbrances of record that would prevent the CITY from using such dedicated facility for its ntended use as identified ~herein or as reasonably inferred as relating. Further the real property shall be watrante~, to the best of OWNER's actual knowledge, to be free of any known environmental conditions that would prevent the real property from being used as intended by th~ CITY. OWNER shall provide the CiTY copies of all reports, investigations arid analysis that discuss the environmental condition of the real pn) perty. 4.4 Pu lic Financing. in consideration for OWNER's commitments under this Agreement to provide certain (~ff-Site improvements the CITY agrees to use best efforts to cause to be completed th(~ Public Financing in accordance with the general terms and cond t OhS contained in the Public Facilities Finance Plan such that at the closing and issuance of bcnds pursuant ihereto there will be deposited in an improvement accounts and made available to OWNER for reimbursement of costs incurred in the acquisition, Construction andldelivery of public facilities to the CITY, a total deposit of the "Funding Arnount" (as defined in the Public Facilities Finance Plan). Notwithstanding anything to the contrary her(~in this Agreement, OWNER's obligations to commence and complete the Off-Site Impr~ovements shall be conditions precedents to the issuance of permits of any type ot nature,,I,, including but not limited to building permits for Development or 29 improvements on the Property. 4.5 Development A,qreement Fee. A routine term negotiated by CITY as consideration for entering into a development agreement, is a fee of One Thousand Five Hundred Dollars ($1,500) per dwelling unit and Three Dollars ($3.00) square foot for commercial development. The CITY agrees that the OWNER and the Project will not have to pay a development agreement fee of any kind. In lieu of paying this fee, the Project has provided benefits to the CITY, including, but not limited to those items identified in Attachment 2. Further, OWNER has agreed to pay other fees, beyond those normally paid as a condition of developing with the CITY, as identified in this Agreement. In the event the benefits the CITY is accepting in exchange for the waiver of the Development Agreement Fee are not constructed as contemplated by the Parties as described in this Agreement, OWNER shall pay to CITY the Development Agreement Fee in the amounts set forth herein. 4.6 Public Art, Open Space and Habitat Preservation. In consideration of CITY's performance pursuant to the terms of this Agreement, Lennar agrees to pay a fee of Two Hundred Dollars ($200) per dwelling unit which the CITY agrees to use for public art, open space and habitat preservation programs. The fee will be paid upon the issuance of a building permit for a dwelling unit. The CITY agrees to use all proceeds of the fee it designates as being the public art component of the fee paid pursuant to this Section on projects located within the Lennar Property. The CITY shall consult with, but shall not be bound by the response of, the Lennar or its designee on the use of the fees collected for public art. CITY agrees that a public art, open space and habitat preservation fee will not be imposed against the commercial components of the Project. 4.7 Smart Shuffle Program. Lennar agrees to participate with the Riverside Transportation Authority (RTA) to further that Agency's Smart Shuttle Program by the lease, for use within the "Smart Shuttle" program, of three (3) shuttles for a period of not more than two (2) years ("Shuttle Lease") within sixty (60) days of the later of the date: (i)the "Smart Shuttle" program is operational and the CITY notifies Lennar in writing of the same; and (ii) one hundred and twenty (120) days after the Effective Date. If within sixty (60) days of the Effective Date, RTA submits written evidence to Lennar that the use of alternative fuels is feasible, Lennar agrees to use its best efforts to lease shuttles that rely on alternative fuels such as compressed natural gas. Lennar's obligation under this Section 4.7 shall terminate unless the "Smart Shuttle" program is operational within two (2) years of the first certificate of occupancy issued within the Specific Plan Property. Lennar shall also have the right to terminate the Shuttle Lease, and all of Lennar's obligations under this Section 4.7, if RTA ceases to operate the "Smart Shuttle" program for a period of thirty (30) days or more. The shuttles are to be used by the RTA in the RTA's "Smart Shuttle" Program. Upon entry into the Shuttle Lease, Lennar will assign to RTA all of Lennar's rights, title, interest and obligations under the Shuttle Lease, except that Lennar shall retain the obligation to make the monthly lease payments. The CITY acknowledges and agrees that the Lennar's entire 30 res~pect to the Shuttle Lease and the "Smart Shuttle" Program is limited payments, including insurance, under the Shuttle Lease, which exceed Three Hundred Thousand Dollars ($300,000) in the obligation with to the monthly le~se payments shall not aggregate. 4.8 iTran~sfer of Credits. CITY acknowledges and agrees that any credits described herein that are not used by Lennar for the Development are the personal proloerty, of Lennar~ ~ and may be transferred or assigned for use as credit against DIF obligations im~ posed as a condition of the development of the Property by others. 4.9 ~Pubiic Use of Private Park Facilities. Lennar is proposing to install a lake, lake park an,d other privately owned park facilities within the Lennar Development for the benefit of the residents of the Lennar Development. Except as expressly provided for in thi~ Section, the public shall not have the right to use the lake or any of the privately owr~ed recreabon facilities. Notwithstanding anything to the contrary OVVNER maY ado~pt reasonable rules and regulations regarding the public's use of the Lake Park. 4.10 Adv~ancin,q of Infrastructure Improvements. 4.10.1 Aqreement to Advance. OWNER in consideration for CITY's performanc~ pursuant to the terms of this Agreement, including, without limitation, the public financing re~quired by Section 4.4, OWNER has agreed to fund more than its fair share, and construct in advance of when required by the Project EIR, certain infrastructure imp!ovements more particularly described in Attachments 2, 5, and 12. CITY considers these additional improvements to be the primary consideration, tOgether wit,h the Interchange Improvements supporting its decision to enter into this Ag~reement and, lbut for these Improvements, would not have entered into this Development Agreement. 4.10.2 OWNER's Improvement Obli.qations; CITY initiated i__mlprovement reallocation. CITY and OWNER acknowledge that the scope and timing of On-Site,I Off-Site and non-Project related traffic and circulation improvements is =subject to an ,bnpredictable need for adjustment. Adjustments can be caused by fUnding availability, actual demand, good engineering practices or needs responding to the general 'health, safety and welfare of the CITY and its residents. OWNER desires to authorize CITY to adjust the provision by OWNER of the infrastructure improvements in respect to the manner, time and nature of the same that will result in the greatest be~3efits to the CITY and both its present and future residents. In furtherance of this intent, CITY is h~reby authorized to adjust and reallocate, in its reasonable discretion, the OWNER's present obligations to other circulation-related improvements, including, 31 but not limited to, the Interchange Improvements. The CITY's ability to cause the reallocation of circulation construction or financing obligations is subject to the CITY first ensuring that the deferred infrastructure improvements will be funded by CITY and completed or cause to be completed by CITY in conformance with the Project EIR. In no instance shall the aggregate cost of the reallocated improvements exceed One Million Dollars ($1,000,000.00) unless otherwise agreed to by the Parties. 5. Indemnification. Except to the extent of the active negligence or willful misconduct of the Indemnified Parties (as defined below), Lennar, with respect to the portion of the Lennar Property owned by Lennar, Winchester, with respect to the portion of the Winchester Property owned by Winchester, and the Development Transferee, with respect to the portion of the Property transferred to that Development Transferee, agree that during the Term of this Agreement, to defend the CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified Parties") from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Agreement. Lennar, Winchester and Development Transferee may be individually referred to herein as "Indemnifying Party" and collectively as "Indemnifying Parties". Each Indemnifying Party shall retain settlement authority with respect to any matter concerning that Indemnifying Party provided that prior to settling any such lawsuit or claim with respect to that Indemnifying Party, the Indemnifying Party shall provide the CITY and the other Indemnifying Parties with a minimum ten (10) business days written notice of its intent to settle such lawsuit or claim. If the CITY or the other Indemnifying Parties, in their reasonable discretion, do not desire to settle such lawsuit or claim, it may notify the applicable Indemnifying Party of the same, in which event the applicable Indemnifying Party may still elect to settle the lawsuit or claim as to itself, but the non-settling parties may elect to continue such lawsuit, at their cost and expense, so long as: (i) with respect to the CITY, the CITY's decision is predicated upon a legitimate and articulated threat to either the exercise of its police powers or a risk of harm to those present within the CITY; or (ii) with respect to the other Indemnifying Parties, the decision is predicated upon a legitimate and articulated threat to the Development of that Indemnifying Party's property. 6. Relationship of Parties. OWNER is not the agent or employee of the CITY. The CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making the CITY and OWNER joint ventures or partners. 7. Periodic Review of Compliance with A.qreement. 7.'1 Periodic Review. The CITY and OWNER shall review this Agreement once every 12-month period from the Effective Date until the Agreement terminates. 32 The CITY st~all no~tify OWNER in writing of the date for review at least thirty (30) days prior thereto.~: 7.2 Goo]d Faith Compliance. During each periodic review, OWNER shall be required to ldembnstrate good faith compliance with all material terms of this Agreement. Thee parties recognize that this Agreement and the documents incorporated~ here'in could be deemed to contain hundreds of requirements and that evidence of ~ach iand every requirement would be a wasteful exercise of the parties' resources. Acco~'dingly, OWNER shall be deemed to have satisfied its good faith compliance WhenI it presents evidence of substantial compliance with the matedal provisions of this Agreement. Generalized evidence or statements of compliance shall be accepted,in th(~ absence of any evidence that such evidence is untrue. 7.3 '. Fail~re to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not constitute, or be asserted by OWNER or CITY as a breach of th s Agreement 7.4 Initiation of Review by City Council. In addition to the annual review, the City Council rhay at any time initiate a review of this Agreement by giving written notice to OWNER". The Notice must describe in detail the specific issues which caused the CITY to question OWNER'S good faith compliance and the evidence the CITY beheves ~s n, eces,sary for the review. W~th~n thirty (30) days following receipt of such notice, OWNER ~shall submit evidence to the City Council of OWNER's good faith compliance with tills Agreement and such review and determination shall proceed in the same manner asl provided for the annual review. The City Council shall initiate its review pursU~ant to this Section 7.4 only if it has probable cause to believe the CITY's general health, s~fety or welfare is at risk as a result of specific acts er failures to act by OWNER in violation of this Agreement. 7.5 Administration of Aqreement. Any final decision by the CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in a~cordance herewith may be appealed by OWNER first to the Planning Commission and thereafter to the City Council, provided that any such appeal shall be filed with the City ~Clerk within thirty (30) days after OWNER receives written notice that the staff decisionlis final all as pursuant to routine planning appeal procedures. The City Council shalli render, at a noticed public hearing, its decision to affirm, reverse or m(~dify the staff decision within thirty (30) days after the appeal was filed. 7.6 ~ Availability of Documents. If requested and reimbursed for all costs, by OWNER, the cI'r~Y agrees to provide to OWNER copies of any documents, reports or other items reviewed, accumulated or prepared by or for the CITY in connection with an3r periodic compliance review by the CITY, provided OWNER reimburses the CITY for ail ,reasonable ant direct costs and fees incurred by the CITY in copying the same. The 33 CITY shall respond to OWNER's request on or before ten (10) business days have elapsed from the CITY's receipt of such request. 8. Events of Default: Remedies and Termination. Unless amended as provided in Section3.5, or modified or suspended pursuant to Government Code Section 65869.5 or terminated pursuant to this Section 8, this Agreement is enforceable by any party hereto. 8.1 Defaults by OWNER. If, after following the procedures established in Section 7 hereof, the CITY determines on the basis of a preponderance of the evidence that Lennar or Winchester has not complied in good faith with the material terms and conditions of this Agreement, the CITY shall, by written notice to Lennar or Winchester specify the manner in which the allegedly defaulting party has failed to so comply and state the steps the allegedly defaulting party must take to bring itself into compliance. If, within thirty (30) days after the effective date of notice from the CITY specifying the manner in which the allegedly defaulting party has failed to so comply, the allegedly defaulting party does not commence all steps reasonably necessary to bdng itself into compliance and thereafter diligently pursue such steps to completion, then the allegedly defaulting party shall be deemed to be in default under the terms of this Agreement and the CITY may terminate this Agreement with respect solely to the allegedly defaulting party's property pursuant to Government Code Section 65865.1 or may seek specific performance as set forth in Section 8.3. 8.2 Defaults by CITY. If OWNER determines on the basis of a preponderance of the evidence that the CITY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to the CITY, specify the manner in which the CITY has failed to so comply and state the steps the CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in which the CITY has failed to so comply, the CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the CITY shall be deemed to be in default under the terms of this Agreement and OWNER may terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in Section 8.3. 8.3 Specific Performance Remedy. 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 and provide for other benefits. CITY and OWNER has already 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 may not be possible to determine the sum of monley w ich would adequately compensate OWNER for such efforts. For the above reasons, the CITY and OWNER agree that damages may not be an adequate rernedy if the CITY or OWNER fails to carry out its obligations under this Agreement and that cITY orlOWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Notwithstanding the foregoing, if the CITY is autt~orize~d by Section 8.4.1 to withhold an approval or permit upon a specified condition being ~atisfied by Lennar or Winchester in the future, and if Lennar or Winchester ther~ fails to satisfy such condition, the CITY may be entitled to specific performance, for the sole purpose of causing that nonperforming party, and only that nonperformilng party, or any party with an obligation to so perform the condition, to satisfy such condition. The CITY's right to specific performance shall be limited to those c~rcumstances set forth above, and the CITY shall have no right to seek specific performanc~ to c,ause OWNER or a Development Transferee to otherwise proceed with the Development of the Project in any manner, with the express exception of the Ofl:-Site Improven~ents and the grant of real property for the Interchange Improvements. 8.4 ~ Institution of Leqal Action. Any legal action hereunder shall be heard by a reference fror the Riverside County Superior Court pursuant to the reference procedures of th California Code of Civil Procedure Sections 638, et seq. OWNER anti the CITY sh; agree upon a single referee who shall then try all issues, whether of fact or law, and r ~ort a finding and judgment thereon and issue all legal and equitable relief approPriate ruder the circumstances of the controversy before him. If OWNER and the CITY are unable to agree on a referee within ten (10) days of a written request to do so by ;eithe' party hereto, either party may seek to have one appointed pursuant to the CalifOrnia Code of Civil Procedure Section 640. The cost of such proceeding Shall initially be borne equally by the parties. Any referee selected pursuant to this Section 8.4 ;shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the Cai forn a Constitution. 8.4,~ Effect of Noncompliance. Notwithstanding the forego ng, to the exl:ent the Develo, pment Plan Approval(s) expressly provide(s) that Development of the Project or a portion thereof is directly dependent upon the performance of material obligations assumed by OWNER or a Development Transferee, which material obligations haveI not been performed, the CITY may, in its reasonable discretion, withhold any approvals, including, without limitation, certificates of occupancy, with respect to thos~ directly dependent portions of the Project from OWNER and/or Development Transferee until such obligations have been substantially performed. CITY agrees tha{ CITY will not withhold approvals if the OWNER or the Development Transferee provides security for the performance of any of the obligations. ' 8.4.'1.1 Non Compliance by Lennar. Non compliance by Lennar with resp,ect to any material term and condition of this Agreement assumed by Le,nnar sha!l entitle CITY to pursue any and all of its rights under this Agreement 35 against Lennar. Such noncompliance by Lennar shall be deemed a default, grounds for specific performance or grounds for termination hereof with respect to, and constitute cause for CITY to initiate enforcement action against and/or withhold any approvals from Development Transferee, Winchester or other persons then owning or holding interest in the Property or any portion of the Property, regardless of ownership. 8.4.1.2 Non Compliance by Winchester. Non compliance by Winchester with respect to any material term and condition of this Agreement assumed by Winchester shall entitle CITY to pursue any and ail of its rights under this Agreement against Winchester, and such noncompliance by Winchester shall be deemed a default, grounds for specific performance or grounds for termination hereof with respect to, and constitute cause for CITY to initiate enforcement action against and/or withhold any approvals from Development Transferee, Lennar or other persons then owning or holding interest in the Property or any portion of the Property, regardless of ownership. 8.5 Estoppel Certificates. A party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or member of a private party may sign on behalf of that party. An Estoppel Certificate is intended to be relied on by assignees and mortgagees. If that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. The Estoppel Certificate shall address issues such as whether: 8.5.1 The Agreement is in full force and effect and is a binding obligation of the parties. 8.5.2 The Agreement has been amended or modified either orally or in writing and, if so amended, identifying the amendments. 8.6.3 A default in the performance of the requesting party's obligations under the Agreement exists and, if a default does exist, the nature and amount of any default. Waivers and Delays. 9.1 No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 36 9.2 , Thir Parties. Non-performance shall not be excused because of a failure of a third p~erson, except as provided in Sections 9.3 or 9.4. 9.3 Forc~e Maieure. A party shall not be deemed to be in default where failure or deiay in Iperformance of any of its obligations under this Agreement is caused by floods, earthqu, akes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond that party's control, action or inaction by the CITY, which actions o~ inactions are breaches of any term of this Agreement, other governmental bo~lies or public utilities other than those related to the normal and customary Proce?s~ng of Future Development Approvals or any modifications to the Development Plan Approval(s), judicial decisions, litigation regarding the Development Plan ApproVal(s)Ior Future Development Approvals or other similar events. To the extent applcable to the Project and Property pursuant to Section 3.4 hereof, government, regulations (including, without limitation, local, state and federal environmental a~d natural resource regulations), voter initiative or referenda or meratoria (including, without limitation, any "development moratorium" as that term is applied in G0vern'rnent Code Section 66452.6) constitute force majeure events. 9.4 Extensions. The Term of this Agreement and the time for performance by a party of any ,bf its obligations hereunder or pursuant to the other Development Plan ,~pproval(s) shallI be extended by the actual period of time that any of the events described in Section 9.3 exist and/or prevent performance of such obligations. Notwithstanding ~nything to the contrary herein, the performance by CITY of its obligations shall r~ot be delayed or extended by the action or inaction of the CITY. 9.5 . Notice of Delay. OWNER shall give immediate notice to the CITY of any delay which OWNER anticipates or believes to have occurred as a result of the occurrence ~)f an,) of the events described in Sections 9.3 or 9.4. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or ten'(10) Ildays before the end of the Term (unless the cause of the delay arises during that time), ~whichever comes first. '10. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid, return receipt requested or by F;ederal Express or other similar nationwide overnight delivery service. Notices required ~o be given to the CITY shall be addressed as follows: Citylof Temecula 43200 Business Park Drive Posi Office Box 9033 Ter~ecula, CA 92589-9033 AttEntion: Planning Director Witl copy to: 37 Richards, Watson & Gershon Thirty-Eighth Floor 333 South Hope Street Los Angeles, CA 90071-1469 Attention: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: Lennar Lennar Communities 24800 Chrisanta Drive Mission Viejo, CA 92691 Attention: William Storm With a copy to: Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attention: Craig K. Beam, Esq. Winchester Winchester Hills I LLC P.O. Box 261109 San Diego, CA 92196-1109 Attention: Stephen A. Bieri With a copy to: Hecht, Solberg, Robinson & Goldberg, LLP 600 West Broadway, 8~h Floor San Diego, CA 92101 Attention: Richard A. Schulman and Paul E. Robinson Any notice given as required by Section 10 shall be deemed given only if in writing and 38 upon delivery as ~rovided for in this Section 10. A party may change its address for notices by giving r otice in writing to the other party as required by this Section '10 and thereafter notices ;hall be addressed and transmitted to the new address. 1t. Attorneys' Fees. If legal action is brought by any party against another for breach of this Ag?eement, including actions derivative from the performance of this Agreement, Or to ~ompel performance under this Agreement, the prevailing party shall be entitled to' an award of its costs, including reasonable attorneys' fees, and shall also be entitled (o recover its contribution for the costs of the referee referred to in Section 8.4 abovelas an item of damage and/or recoverable costs. 12, Recordin.q.! This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to the CITY, in the Official Records of Riverside County by the City Clerk w~th~n the penod required by Section 65868.5 of the Government Code. , 13. Effect of Aqreement on Title. 13.1 Effe~:t on Title. OWNER and the CITY agree that this Agreement shall not continue'as ah encumbrance against any portion of the Property as to which this Agreement has terminated or released. 13.2 Enc~umbrances and Lenders' RiRhts. The mortgagee of a mortgage or beneficiary of a dbed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to CITY, be entitled to receive from CITY written noti~cation of any default by OWNER of the performance of OWNER's obigat OhS underl the Agreement which has not been cured within the time frame : i f eStablished in Section 8.1 hereo. ] ,13.2!1 Notwithstanding OWNER's default, this Agreement shall not be terminated b.y CitY as to any mortgagee or beneficiary to whom notice is to be given and to which eith(~r or the following is true: (i) the mortgagee or beneficiary cures any default by OW/NER involvin~ the payment of money within ninety (90) days after receipt from CiTY of the written notice of defa'ult;, · , I (ii) as to defaults requiring title or possession of the Property or any Iportion thereof to effectuate a cure: (i)the mortgagee/beneficiary agrees n w~ting ~within ninety (90) days after receipt from CITY of the written notice of default, to ~perform the proportionate share of OWNER's ob gations under this Agreement allocable to that part of the Property in which the mortgagee/beneficiary has an interest conditloned upon such mortgagee's/beneficiary's acquisition of the Property or portion thereof by foreclosure (including a trustee sale) or by a deed in lieu of foreclosure' (ii)t~e mortgagee/beneficiary commences foreclosure proceedings to reacquire title to the Property or applicable portion thereof wth n said ninety (90) days 39 and thereafter diligently pursues such foreclosure to completion, and (iii)the mortgagee/beneficiary promptly and diligently commences to cure such Default after obtaining title or possession. 13,2.2Notwithstanding Section 13.2.1 of this Agreement, if any mortgagee/beneficiary is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings including by any process of injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving OWNER, the times specified in Section 13.2.1 of this Agreement for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 13,2.3Neither 'entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any existing or future mortgage or deed of trust on the Property made in good faith and for value. 14. Severability of Terms. 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 if the tribunal finds that the invalidity was not a material part of consideration for either Party the Agreement as a whole. If the tribunal finds that the invalidity was a material part of the consideration, this Agreement will terminate unless CITY and OWNER agree to amend this Agreement as provided for herein. Upon a termination arising from the application of this Section 14, each Party agrees the Specific Plan shall suspend as to all unpermitted development activity pending the CITY's determination regarding repeal or modification of the same. 15. Subsequent Amendment to Authorizin.q Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Section 3.2.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement. 16, Rules of Construction and Miscellaneous Terms. 16.1 Interpretation and Governin.q Law. The language in all parts of this Agreement shall, in ali cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and 40 governmental fun,:tions of the CITY, and in particular, the CITY's police powers. In this regard, the part,es understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the or any decision arising from the Agreement, directly or indirectly. Property ' ~ ' ' 16.2 'Sect on Headings. All section headings and subheadings are inserted for convenience ,bnly and shall not affect any construction or interpretation of this Agreement. 16.3 GenUer. The singular includes the plural; the masculine gender includes the feminine! "sha,ll" is mandatory, "may" is permissive. 16.4 i No Joint and Several Liability. No breach hereof by Lennar, Winchester or Development ~ransferee shall constitute a breach by the non breaching party. Any remedy, obligation,, or liability, including but not limited to the obligations to defend and indemnify the CI'~Y, arising by reason of such breach shall be applicable solely to the party that commi~ed the breach. However, the CITY shall send a copy of any notice of violation to alii OV~NERS and Development Transferee, including those not in breach. 16.5 1 Covenant of Good Faith and Fair Dealin,q. No party shall do anything which shall have the intentional effect of harming or injuring the right of the other parties to receive the be~nefits provided for in this Agreement; each party shall refrain from doi~3g anything intentionally which would render its performance under this Agreement impossible; and e~ch party shall do everything which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes of this Agreement. 16.6 No Waiver of Vestinq. Nothing in this Agreement shall be construed as limiting or impairing any vested rights to proceed with the Development or use of the Property arising independently from entitlements, including those approved for the Project, ~ssued by~ the CITY or others prior to, concurrent y with, or subsequent to the approval of this Agreement, Federal and State Constitutions, statutes, or decisional law. 16.7 ~ Tim of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 16.8 Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. ' I 16.9 Entilre Aqreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all pr,~vious negotiations, discussion and agreements between the parties, and no pardi evidence of any prior or other agreement shall be permitted to contradict or vary the terms ~ereof. 17. Extension any tentative ma of Maps. In accordance with Government Code Section 66452.6(a), which relates to all or a portion of the Property shall be extended for 41 the greater of (i)the Term of the Agreement or (ii)expiration of the tentative map pursuant to Section 66452.6. 18. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the CITY and OWNER and its assignees pursuant to Section 2.5 and shall not be construed to benefit or be enforceable by any third party. 19. Attachments. The following attachments are hereby incorporated by reference as if fully set out in the body of this Agreement. Attachments Description 1-A 1-B 1-C 2 3 4 5 6 7 8 9 10 11 Legal Description of the Lennar Property Legal Description of the Winchester Property Legal Description of the Property Benefits of the Project Project Actions and Approvals Existing Regulations Public Infrastructure Intentionally Omitted Public Finance Plan Vested Rights Interchange Area Development Agreement Obligations Circulation Improvement 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: ,2001 "CITY" CITY OF TEMECULA, corporation a municipal By: Name: Title: Mayor ATTEST: City Clerk 42 APPROVED AS TO FORM: City Attorne Dated: ,2001 "OWNER" ,a By: Name: Title: 43 State of California ) ) ss County of Riverside ) On before me, , personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary State of California ) ) ss County of Riverside ) On before me, , personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary Definitions General Provisions. 2.1 ! Binding Covenants 2.2 , Interest of OWNER 2.3 I Term* 2.4 . Termination ,2.5 iTransfers and ^ssignments! Development Provisions 3.1 Vesting 3.2 Reserved Authority~ 3.3 Further Assurances to OWNER Regarding Exercise of Reserved Authority 3.4 Consistent and Inconsistent Enactments 3.5 Amendment of Development Agreement' 3.6 Future Amendments to Development Plan Approval(s) 3.7 Future Development Approvals' J Obligations e~f the Parties ~4.1 Benefits to CITY' 4.2 Development Fees: 4.3 Related Real Property Conveyances; Conditions to Development Agreement 4.4 4.5 4.7 4.0 4.9 Plan: 4.10 ,4.11 4.12 4.13 Public Financin.c Development Agreement Fee Public Art, Open Space and Habitat Preservation: Smart Shutlle Program: Transfer of Credits Improvements Not Completed in Accordance With the Phasing Maintenance Issues Landscaped Cul-De-Sacs: Public Use of Private Park Facilities Advancing of Infrastructure Improvements 7. Indemnification: Relatignshi~ of Parties Periodic ReView of Compliance with ^greemenl Periodic Revie~ 10. 11. 12. 13. 14. 15. 16. 7.2 Good Faith Compliance: 7.3 Failure to Conduct Annual Review 7.4 Initiation of Review by City Council 7.5 Administration of Agreement 7.6 Availability of Documents: Events of Default: Remedies and Termination: 8.1 Defaults by OWNER 8.2 Defaults by CITY: 8.3 Specific Performance Remedy: 8.4 Institution of Legal Action 8.5 Estoppel Certificates: Waivers and Delays: 9.1 No Waiver 9.2 Third Parties 9.3 Force Majeure 9.4 Extensions 9.5 Notice of Delay Notices Attorneys' Fees Recording, Effect of Agreement on Title 13.1 Effect on Title, 13.2 Encumbrances and Lenders' Rights, Severability of Terms Subsequent Amendment to Authorizing Statute Rules of Construction and Miscellaneous Terms, 16.1 Interpretation and Governing Law, 16.2 Section Headings, 16.3 Gender 16.4 No Joint and Several Liability 16.5 Covenant of Good Faith and Fair Dealing 16.6 No Waiver of Vesting 16.7 Time of Essenc~ 16.8 Recitals t6.9 Entire Agreement, 17. Extension of Maps. 18. Not for~ Ben,fit of Third Parties, 19. Attachments. 20. CounterpartIs, ATTACHMENT "1" (Legal Description of the Property) RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 TEIV~CULA, CA 92591 EXI:IIBrr LEGAL DESCRIPTION LENNAR PROPERTY May 10, 2001 IN 15100181-M1 Page 1 of 5 That certain parcel of land situated in the City of T~necula, County of Riverside, State of California, being Lots 136, 143, 144, 145, 161 and 162; together with those portions of Lots 137, 13g. 139. 142, 163, 166, 167, and 168; together with all steers adjo!nln~ said lots which wottld pn.~ with t]~ title to said lots, ~1 as shown on amap of the Temecula Land and Water Company on file in Book ~, Page 359 cf Maps, Records of San Diego County, C~l;¢omia; and also together with a portion of Parcel 4 of Parcal Map No. 19~77 as shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps in the Office of the County Recorder of said Rive~ide County, d__,_,_,_,_,_,_,_,_~n_. 'bed as a wholc as follows: BEGINNING at the most westerly corner of said Lot 136, said comer being a point on thc centerline of Jackson Avenue; thence along said cen~erline through the following courses: South 41 °38'09" Emt 1290.73 feet to the most westerly comer of said Lot 137; thence South 42°14'33" East 1290.79 f~et to the most southerly comer of said Lot 137; thc'ncc South 41 °52'47" East 74 l.gg fcct to the bo,,dnry line of'Parcel Map No. 21361 filed in Book 139, Pages 89 and 90 of Parcel Maps in the Office of the County Rex, order of said Rive'aide County; thence leavin[~ said ccnterliue, along said boundary line through the following courses: North 30~07~0~ East 55.26 feet to an angle point therein; thence South 59°52'40" East 100.00 feast; thence South 13°39'32" East 33.24 feet to a point on a non-tangent curve concave northeas~rly and having a radius of 811.00 feet, a radial line of said curve from said pohlt bear~ Nov'th 30°0T20'' East; Lc§al D~pfion Lcnn~r Property ~h~nce~ along s~d cur ~c~ct-s,D cra'range w~ of saic~ curve f~om sa~d point bears South 02°00'23" West; thence: along said cul~ve southeasterly 422.79 feet through ccntral thence tangant ~from .said curve South 60°44'4l" £~t 39.00 feet; May 10, 2001 18100181-M1 Page 2 of 5 southeastexly 397.97 feet through a central angle of 28°06'57" to apoint of curve concave southwesterly and having a radius of 889.00 fcct, a radial line angle of 27° 14'56"; thence South 60°56'1~7" East 936.88 feet m the most easterly comet ofsatdParcel MaP and a point ~ - '--trumcM No, 389573 of Official Recorus tn sma umce ox mc d~ac. ribed in a deed rocord~ Octob~ 30.199! aa Inam3m~nt No. 375618 of Official Rocords 1. sam Off,ce of th~ R.ivc~s~de COgllty Rgcord , ~threc~u..~,~.o said ~wcstetl¥ line the Santa C~,i~-adis Channel as d~acn'bed in said Pa~l thea~:e North 21°2013" East 133.00 feet to the be~-nlvg ora tangent curve concave southeasterly and having a radita of ~0.00 fgec the~:e along s?d c~ ye northgasl~rly 58,04 feet thxough a cctltral angle of 66°3ff33"; thence noa-ta~ent from said curve South 87051'25" Ea~ 55.00 feet to a point on a a~n-~aagem curvt in the centgr!i~e of Margarita RoM concave easterly and having a radius ofi200.00 f~*t, a rad~d line ofiaid &we from said poia~ b~ata South 87°51~" Ea~ d curve no~'thetl~ 632.82 feet through a ceatral angle of 30e12 53 , th~£e tallge~! fto~ said cutva Nmxh 32*21'28" lS~_t .7,.45.62 f~et to the begin~ng ora tangeat em'Ye co~:ave weSmtlY md having a tadiua of 1600.00 feet, thgtce along said curv~ northerly and notlhwesmtlY 2100.47 feet through a can~ral aa~le of 75o13~03"; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN 15100181-M1 Page 3 of 5 thence tangent f~om said. curvc North 42°51'35" West 1399.68 feet to the centerline of DaIe S~reet; thence l~avin$ said c~terline of Margarita Road, along said centefline of Date Sweet through the following comses: Soulh48°ll'45" West 751.48 feet to th~most north~rlycomer of said Lot 161; thence South 47°56'13" Wes~ 1324.74 feet to the most westerly comer of said Lot 161; ~cace leaving said c~terlia¢ North 41°46'09" West 1295.09 feet to the mos~ northerly comer of said Lot 145; thence South 48°08'27" West 1322.95 feet to the most northerly comer of said Lot 136; thence South 47028'25" West 1322.70 feet to th~ POINT OF B£CINNING: EXCEFflNG ~hcvcf~m & school site described as follows: COMblENCING at the ccnterling mte~secti0n of Margarita Road with Rustic Glen Drive a~ shown on amap or--No. 2134~ fil~ in Book 183, Pages 92 through 94 of Maps in the Of~cc of the County Recorder of said Rivemidc County, said intc-~ection being a poim on a curve in said centerlin¢ of Margarita Road concave somhwest~rly ~d_ having a radius of 1600.00 feet, a radial linc of said curve from said point bears Sou~h 61~27'29'' West; thence along said ~urve and centerlinenorthwesterly 67.30 feet lhroul~h acentral angle of~°24'36"; ~hence radially from said curve South 59°02'53" West 55.00 feet; thence South 15~15'11" West 33.20 feet4 thencc South 61°27'29" West 413.60 feet, thenco North 66°3 ?'11" We~ 29,19 feet m a point on a non-tangent curve concave southwesterly and having a nuti~ of 739.00 feet, a radial line of said curve fi, om said point bears South 61°22'37" West; thence along said curve nor&westerly 5.04 feet flxtough a central angle of 00°2Y26"; thence tang~t from said curveNonh 29°00'49" West 92.67 feet m the be~nniug of aumgcnt curve concave southwesterly and having a radius of 789.00 feet; Ivi~y 10, 2001 Exlu'bi;z "A" LegS{ Descrip~iOU Page 4 of Lcnnar Prop~r~y ~euc~ alou§ staid curve uo.qhweslerly 691.S0 feet ~hrou~h { cenu-a{ angle of $0°12'~7"; ~e~ ' - ...... ~ .... ;~ ~e Sou~ 10~'{4'' ~{ 66.~ ; _~ _~_,_ ..~ ~-~.~ ~ .,{~ of 723 ~ f~, BEGI~G; ~ ~ ~o~ s~d c~e sou~e~lY 633.66 f~t ~u~ ~eno: ~g~z ~m ~d c~e Sou~ 29°~'49" E~ 92.67 fee~ to ~e bc~i~g ora ~g~I c~c concave w~t~ly ~d ~g a ~ of 673.~ ~ce ~ong s~d c~a sourly 562.~ feet ~u~ a e~ ~e of 47~54'02"; ~cc ~g~t ~om ~ c~c Sou~ 18'53'13" W~ 7.49 f~; ~c Sou~ 63~53'!3" W~ 28.28 f~; ~ce No~ 7,1 ~ ~7 W~ 291.~ f~ ~c · N o~ 42 ~27'45" W~ 19.18 f~ to a ~ on a ~n-~{ ha~tg a ~ of6~.~ f~ a ~ ~ of~d c~e ~om ~d po~{ ~ So~ 76" 11'16" West; ~:~ ~ng s~d c~c n~w~{~lY ~ w~t~ly 140.49 feet ~u~ a ~! ~c of 120~08'19" m ~ ~n ~ a non-~g~t c~c co.aw uo~ly a ~}~ 1~ of~d ~a ~m s~d ~cc~n ~ N~ 22~06'45" , ~ce ~g ~d c~ ~w~y 193.43 f~ ~u~ a c~ ~ of 29°57'14"; · ~:~ ~g~t ~] s~d c~e N~ 37~56'01" W~ 105.79 f~ to ~ bc~ ora ~g~t c~e concave sou~w~ly ~ ~ a ~ of 530.~ thenr~ tangent fro~ said curve Nox~ $7°13'28" West 104.31 feet; thence ~loF. h 35a48'18" ]~a~ 203.84 three North 25~32'0! ga~ 358.49 feet to ~he TRUg I~OI1VT OF BKGI~IMN({. Exhibit 'A* Legal Description Lennar Property May 10, 2001 15100181-M1 Pa~e 5 of 5 Also, exeepflag fi'om said Lot 138, thc southeast 165.00 fe~ of the southwes~ 330.00 feet (measured from the celltcrline of Jackson Avenue- vacaled) of the northwest one-half of said lot, ALSO, excepting from said Lot 138, the nonhwes! 330.00 feet (mea.surcd from the centcr!ine of Cherry Su-eet - vacated) of the southwest 330.00 fret (measured from the cemerline of lackaon Avenue - vacaled). CONTAINING: 398.34 Acres, more or less. SUB.IECT To all coveuants, fights, fights-of-way and eas~ems off.ord. EXI:~'~___ _fl' "A-I" aua~hed h~'eto ami m~,!,' a pan hereof. This description was prepared by mc or under my direction Raymond L. Ma, the, P.L.S. 6185 My license expi~s 3/31/02. ~m.1 :;ODMA~CDOCb-~DDOC~1644083~1 RBF CONSULTING 27555 YlCE. Z ROAD, SUITE 400 TEMECULA, CA 92591 EXHIBIT L1/GAL DESCRIPTION WINCHESTER PROPERTY May 10, 2001 Jig 15100181-M2 Page 1 of 2 That cenainparcelofl~nd simatedin th~ City ofTemecula, CountyofRiverside, State of California, being those portions of Lots 109, 110, 120 and 121 (together with those portions of vacated Date SUeet, Monroe Avenue and Jackson Avanue adjoi_,~ing taid lots), all a~ shown on a Map of the Temecula Land and Water Company filad in Book 8, Pa§o 359 of Maps, Recorda of San Diego County, California, togt~er with a portion of Parcel 4 of Parcel Map No. 19677 (mg~.h.~ with that portion of Ynez Road a4joining said Parcel 4), all as shown on a ~ filed in Book 135, Pages 85 ~d_ 86 of Parcel Maps, R~cords ofRive~id~ Counry, California, described as a whole as follows: BEGINNING a~ the moa northerly com~ of said Lot 121, said comer being a point on the c~ntcrline of said Jachaon Avem~; thence along said centerline South 41°38'09'' East 1290.73 feet m the mos~ northerly comer of said Lot 120; thence conlin uin§ along said cenlerline South 42° 14'33" East 1290.79 feet to the most easterly comer of said Lot 120; !h~ee continuing along said centerline South 41°52'47'' East 794.56 feet to the centerline ofsa~d Ynez Road; thence along said centerline o~Ynez Road South 30°07'20" West 432.14 feet to the be~lnillg of a tangent curve concave southessterly and having a radius of 1675.00 f~'t; ~e along said ~arve southwesterly 699.71 feet through a central an~le of 23 °56'04" to the easterly pmlonga~on ora course in the southeasterly line of said Parcel 4 shown as "Noah 8304837'. West" on said Parcel Map; thence radially from said crave, along said course and p~olongagon North 83°48'44" West 142.82 fee~ m an angle point in said so,_;rheusterly line; thence along said southeasterly line South 63°31'52" West 962.68 feet m the most southerly comcr May 10, 2001 151001S1-M2 Page 2 of 2 Exhibit"B" , Le~,al d~scriplion Bi,ri ]Pml~r~ ' of sa~l Parcel 4~, ~ a ~t ~ ~c ~l~ly ~ of ~e 215; ~ ~on~ s~d ~Y ~e ~ou~ ~c folM~g co~s: No~ 29~26'02" West 376.97 f~t; th~nc,; Norlh 15~40'57" W~x 34~.24 fee~; ~h~e North 2g°39'30~ Wes~ lq.gl thence North 3'/°45'~. 1" West 253.17 feet; Nor& 29058'20" West 449.97 feet; thence North 21°49'02' Wes~ 251.95 feet; thence North 28°2479" Wes~ $19.02 fee~ m the nor&westerly Ii,re of said Lot 121; r~e along said ]northwesterly line North 48°10'42" East 1190.56 f~t to the PO~I'I' OF CONTAININ'G: i3~.24 Acr~, mom or less. SUBJECT TO all ¢bv~p. ants, ri~, righzs-of-way ami ea. _,~n~___eu~s of r~cord. EX[flBIT "B-I" ana~h~l h~'~o and ~e a pan hereof. This deac~ipli ,on w; p.,~p~rcd by me or under my dixection- RaVioli L. My license exph~s , P.L.S. 6185 3/31/02. t~o~.! ::ODMA'~CDOCS~I X)CS~164408~\1 ATTACHMENT 2 PROJECT BENEFITS Jun-05-01 04:19p. From- 619-690364! T-194 P.og/z5 F-343 Ju,-06-OI 04:~'0~ JunoOS-OT 04:ZOpm From- 619-6993641 T-194 P.II/Z5 F-343 Jun-05-OI 04:Z1 ~u.-05-01 04:21~ From- $19-699354! T-194 P.13/25 F-343 ATTACHMENT 3 EXISTING APPROVALS 2, 3. 4, 10. 11. 12. 13. 14. 15. 16. Attachment No. 3 to Harveston Development Agreement EXISTING APPROVALS General P|im, as amended on by Ordinance No. liarveston Specific Plan No. 13 (Ordinauce No. ) Harves~on Final Environmental Impact Report (Resolution No. . ) Mitigalion Mouiloring Program for the Harvc~on Final Euviroumental Impact Report (Resolution No. ~) Dewlopmenl A4~ent (OFdinance No. __) Change ofZouc (Ou~uauce No. ) Veiling Tentative TFac~ Map No. 29639 (]Rcsolutioo No. __) TentaIive Tra~ Map No. 29928 (Rcsolugou No. . ) Tentative Trac~ Map No. 29!)29 (l~olutiou No. ) Tentative T~'{ IViap No. 30088 (RosoluUou lqo. ) DeveIopmenl Cod~ Amcudnmen! (O~dinance No. ) Specific Plan Zoning Standanis (O;diuauce No, ) School Ivlitigat~on Ai~ent$ da~ed October 2, 1998 and IViar~h I, 2000 404 p~mi~ dated June 30, 1999 1603 Permit da~ed April 30, 19{)9 401 Permi! da~ed {uric 30, 1999 ATTACHMENT 4 EXISTING REGULATIONS 2. 3. 5. 6. 7. g. Attachment No, 4 to Harveston Development Agreement [~XISTING ~£GULATION$ City of T~mecula General Plan, as amc-rgl~d by Ordinance No. City of Temecula Development Code (O~xlinance No. ) Subdivision Ordix~ce (Ordinance No. 99-23) City-Wide Desigl~ C. midelin~s (Ordinance No. ) Ordinaxlce No. 655 (Mt. Palomar Lighting) C.~owth Managemeat Prol~'arn Action Plan a.s adopted by the Oily on March 21, 2000 CFD 98-01 I]~ Developing! ATTACHMENT 5 PUBLIC INFRASTRUCTURE IMPROVEMENTS/FACILITIES At~echment $ To llarveston Development Agreement Public Infrastructure Improvements / Facilities INTERSECTION IMPROVEMENT -m~e. I ~n~e~,-,4o,, I i.p--~,~ I cost 1 W~nchcs~cr Rd @ (1) Add EB ~gh~ Turn Lane' ~cff~vson Ave (2) AddNB ~ Turn Lan~ ~ 3) Add SO Ld~ ~ ~ (4) ~uv~ SB ~gb~ ~ L~ m 4 W~m ~ ~ (1)A~~L~~) y~ (2)~ (4) ~ Si~ m ~ ~ ~ ~ ~hP P~e (7) M~ Sl~ m ~o~ ~ ~g~ ~ ~ P~c (8) M~ Si~ m ~o~e ~ ~t ~ Ov=~p P~ (10) ~ ~ ~ ~u~ ~ ~ ~ L~ ~33,200 M~;~ ~ (2) ~ si~ ~ ~ ~ ~ ($) ~ ~ L~ ~ ~ ~S~ I0 ~u ~ S~ ~ (I)A~ ~ ~T~ ~) ~u ~m ~ [2) M~ ~ S~ ~ugh ~d ~ ~ ~ ~ 242~0 2) M~ ~ ~ ~ ~ S~ ~.~ ~d Le~ 9,~ ~eff~ Ave (2) ~ ~1 m ~ ~ ~ 4) A~ ~ ~ght ~ L~ lg Oy~ ~ (t)A~I~ INTER*~.¥iON IMI~ROvlEM~--NT Ne-E~nS r-' ~ lmprovemew,~s C_o_s~ Margarita Roa~ Wid~?%e Complete ca~t half ~dden~g of M?g~tla Road I, l Margama mi 6%700 Sou~ R~i~mal .aa EB Lef~ Tam La~ A~cess Rd 20%000 Add EB l. cf~ Turn La~ YneZ Rd Add F.B Righ~ Tu~ Lanc 39 INTERS~t'~ON IMPROVEMF.~T .lqF- F-~ Improvements 6) tns~J Stop Stgn on EB AppToar. b 1) Add EB Sl~ed Tau~ and .n~.~'ht ~ Lane 2) Add EB Lef~ Turn Lane (3} Add 2 Nn 't'n~u~h L~*s (4) A~ NB Left Turn l.~u~ ($) Add N8 l~hl 'Fu~ I,anc . (6) Add WB Sl~cd Tt~,~gh and Pdght (7) Add W8 Left Tun2 Lan~ (8) Add 2 SI~ Tl~ough Lan~ (9) Add SB l.c~t Turn I,anc O0) Add SB lLisht 'rum L~nc 13,42S IS?,O00 ATTACHMENT 6 TO FOLLOW ATTACHMENT 7 PROPOSED PUBLIC FACILITIES FINANCING PLAN ATTACHMENT NO. ? TO HAR~STON DEVELOPMENT AGREI~MF..NT PROPOS£D PUBLIC FACILITIES FINANCING PLAN TI~ City of Teanecula (the "City~') will use Rs besl efforts m cause the Temecula Public Fi~¢in§ Auihority (the "TPFA'3 and the Winchester Hills Financing Authorily (~e "WHFA") to undera~ tl~ following a~fiom, subject in any even! Io any applicable reqlaremems of r~ California Government Code (the "Code") and the oulslanding Fiscal Agent Agre~nent (the "1991 Agreemem") m which the WHFA is a party: Proposed Actiom by the WHFA: a. Execute an amendment to the 1998 Agrecmem (the "Amendment") to permit a one gme special optional red~mp~ion of ~he honda oul~-landhl8 und~ the 1998 Agr~mem (dm "WHFA Bonds~), on any da~e on or prior lo February 1, 2001, al a redemption price of 103% of the pgn~ipal allmunI of the WI-IFA Bonds lo be redeemed, together with accmcd imcresl to the redem_ption date. la. Work with Stone & Youngberg LLC m obulin d~c necessary WI-IFA Bondowner conscnzs lo the Amcndment. If the sale of thc TPFA bonds described below (the '~I'PFA Bonds") s~cessful, direct tho fiscal agent under the 1998 Agreement to call the WI'IFA Bonds for rodempfon, and upon roceip~ of a porgon of proceeds of thc TPFA Bonds ~!~cicnt for such purpose, direc~ thc fiscal agent m re.d~n all the ou~s~mding WI-IFA Bonds, with such red_.~mprion m occur on the date ofissuen~e of the TPFA Bonds. Upon redcmplion of the WI~A Bonds, record a notice of release of special ~x lien in the office of the Coumy Recorder acknowledging release of all parcels in the WHFA's Community Facililies Disuict No. 98-1 from the special tax lien securing payment of the WI~A Bonds. Proposed Actiom by the TPFA: Thc Board of Direclo~ of the TPFA will adopt, on the same date as the City Council considers approval of the Development Ag~ccmem, resoluriom of imcmion to form and incur bonded imiob~ed~ess of a community facilities dbuic! (the "CFD") to include property curremly owned by Lennar Homes of California, Inc. CLcnuaf') and Winchester Hills I, LLC, which property was previously included in the community facilities disuict created by thc WHFA. The Board of Directors of the TPFA will conduct a public hearing on the fonnalion of the CFD md, 24551-9; subjeci to all applicable provisions of the Code, consider the formaion of the CID and thc iss-s,~ce of thc TPFA Bonds. The CID will have the following £eat~res: (i) A ~ed indebtedness !i~i~ suffici~n~ to redeem in ~ O~ ou~nding WI-IFA Bonds, to d~lmsi~ $5,150,000 to an improvemen~ fund, ~o pay ~he coszs of issuance of the proposed TPFA Bonds, to provide for capitalized interes~ for a period of ~ime on the TPFA Bonds, to provide for any necessary r~serves and admirdslragve expenses of the CID, and ~o pay costs to conver[ the TPFA BOn~l~ from a variable rate to a fixed rate. The expec~d TPFA Bo-,t authorization is approximately $20,000,000. The TPFA Bo~as will be issued as lax-ex~npt variable ra~e bonds secor~, by a leuer of credit for which L~nnar is th~ accollllt part~, with conversion to a fixed rate of all or a portion of the TPFA Bo?Is on luly 1st each yoar provided property in ~he CID has achieved a~ leasl a 3:1 value to lien, arid a final conversion da~ by which all TPFA Bonds will be so converted or those Boy, is no~ converted will be red~emed. (ii) Facilities authorized to be financed by the CID will include public capital improvements neccssita~d by development of the ltarveslon project, a.s identified by L~,!_~sr plior to the adoptioll of a resolu~ioa of in~en~ion to form the ClX, and approved by the City's Di~c~or of Public Works ..a the TPFA's bond couna¢l (thc · 'Facilities"). TPFA, for the CID, will en~er into aa acquisitioa aig~.*mant with Lannar in a form drafted by TI~FA'a bond counsel ~o usc $5,150,000 of CFD bond proceeds to acquire the Facilities f~om Lcnnar on a first compi~uxi-first acquired basis, subject to complian~ wi~h applicable prev~ilinl~ wage .~d other laws. ~ TPFA will usc its bes~ efforts to cater into joint community facilities agreemmts as r~essa~ under the Code to ~,~-~ce ~ Facililies, without cost or liability to the TPFA cxcel~ for a commil~llCBl to ~ TPFA Bond proceeds to pay the costs of the applicable Facililies. ('Iii) The Ralc ~d Method of Apporfionmeal of Special Taxes for the CID (the "1~ _~M"), will be slntctu~ so that toUd overlapping will not cxceed 2% of the expired sales prices of the homes to be built in th~ CFD, special tax ra~s will not escala~ ~.~a special taxes will be levied ~ on developed proper~ at the authorized levels and the~ on undevclol~d properly. Special lax will be ~sed to pay TPFA Bond d~t scrvico aad CFD expenses (includin§ l~er of credit costs and reimbur~emeats), and m~y bc accumulated to pay costs to conver~ the interest ra~e on the TPFA Bonds f~om variable to fixed and to redeem TPFA Bonds as ~.4s31-g: ~,4o6~3~ [v,G 2 nec~sary a~ final conversion of the interes! ra~e on the TPFA Bonds from variable to fixed, Special lax levies on developed property will be collected on thc County's ad valorem tax mil, and special tax levies may be levied monthly on undeveloped property ia the CFD owned by Lennar a,s necessary to satisfy the obligatiun oftbe CID to pay interest on lhe TPFA Bo,~a~ during the period ia which the ia~erest ra~e is variable, to pay costs to convert the iaterest rate on the TPFA Bonds from variable to fixed and to redeem TPFA Bonds au the final conversion date, in each case to the extent ~bat available special tox revenues are insufficient for such proposes. While the City will use its best efforts to cause the WHFA a~4 the TPFA to !~_1~_~ the aclions d~scribed above, Lennar acknowledges ~ the ~dempliou of the WHFA Bonds is co,ufingen! ~pon the receipt by the WHFA of the consents of the owne~ of all of the WHOA Bonds to the one time special redemption, ami ~ the formation ofll~ CFD and the iss~mce of the TPFA Bonds is subject to public hearings and an elecliau of Ille ownera ofth~ property ia the CID, as required under the Code. Nothing ia the Development Agreement (incl:~aing this Ana~hin~! No. 7) shall ia my way obligate the TPFA to form the CID or to issue the TPFA Bunds if, following thc p~blic hearings reqlfired und~ the Code with respecl ther~o, the TPFA de~.~!nes to terminate futor~ actions to form the CID. In any ~v~mt, the City agrees to enmr iato a joia~ community facilities agreement, ia a form prepared by Bond Counsel to the TPFA, as necessary under lbe Code to finance thc Facilities to be owned and/or opera~ed by ~ City. ATTACHMENT NO. 9 MITIGATION MONITORING PROGRAM R:~S P\Harveston SP~PC Docs\ PC STAFFRPT.doc 45 Z 0 Z Z Z © Z © Z © Z © .< Z © Z © Z [,. Z © Z © Z .< © Z © r~ Z 0 Z © Z © [,-, r~ Z Z © .< Z 0 Z © Z © Z © Z .< Z 0 ~ ~ ~ .- ~ o~ ~ ..... ~ ~ - .- ~ ~ Z Z 0 Z Z 0 Z © Z © Z ATTACHMENT NO. 10 GENERAL PLAN CONSISTENCY ANALYSIS R:\S P~-Iarveston SP~C Docs\ PC STAFFRPT.doc 46 GENERAL PLAN CONSISTENCY GENERAL PLAN CONSISTENCY The Specific Plan is consistent with the General Plan and serves to implement all aspects of the General Plan relevant to the designated area. A Specific Plan is a plan adopted either by ordinance or resolution for a particular area of land. A Specific Plan may contain its own development standards (zoning), and thus provides greater flexibility in the distribution of the land uses. The Harveston Specific Plan is intended to be supportive of, and consistent with, the goals and policies of the Temecula General Plan. It has been written to implement the Specific Plan designation assigned to Harveston Specific Plan area by the General Plan, updated on November 9, 1993. The purpose of this section is to ensure that the Specific Plan is consistent with the goals and policies of the City of Temecula's General Plan as required per Government Code Section 65454. The following are the ten elements included within the Temecula General Plan: 1. Land Use Element 2. Circulation Element 3. Housing Element 4. Open Space/Conservation Element 5. Growth Management/Public Facilities Element 6. Public Safety Element 7. Noise Element 8. Air Quality Element 9. Community Design Element 10. Economic Element The goals and policies for each General Plan element have been evaluated in the following pages. Following each goal of the General Plan elements, specific policies are laid out. Following each goal and policy, a statement is made in italics, indicating how the Specific Plan is consistent with that goal and/or policy. Ia some cases, it is indicated that the specific goal or policy is not applicable to the Specific Plan. The following sections list the applicable goals and policies of the above elements of the General Plan. FEBRUARY 2001 LAND USE EI EMENT LAm l[Jss. Eurfimm A complete a~d integrated mix of residential, commercial, industrial, recreational, public and open spacg land uses. Discussion: ' The prOPosed IHarveston Specific Plan has been prepared in conformance with the City of Temecula General Plan and is consistent with the City of Temecula's zoning code and General plan densities and intensities. The Specific Plan Project seeks to create a community character and quality theft compliments the surrounding area. The proposed plan contains a variety of housing products and designs, which would cater to different groups of home buyers/renters in the City 9f Te)necula. Additionally, development of the service commercial component of the Specific plan Will provide opportunities for the region and Harveston area. The Plan also includes ~ generous amount of open space and recreational opportunities (_~ 70 acres), and more than adequate i ,ublic facilities and services. Policies 1.1 Review all pro ~osed development plans for consistency with the commumty goals, policies and implementatio~ programs of this General Plan. The proposed Ittarveston Specific Plan has been prepared in conformance with the City of Temecula General Plan and is consistent with community goals, policies, and implementation programs outlined tn the General Plan. 1.2 Promote the us of innovative site planning techniques that conu-ibute towards the development of a variety ~f residential product styles and designs including housing suitable to the community's labor force. The proposed plan contains a variety of housing products and innovative site planning designs (see Section 3.0, Land Use Plan and Section 10.0, Design Guidelines), which would cater to different group~ of home buyers/renters tn the City of Temecula. 1.3 Require the development of unified or clustered community-level and neighborhood-level commercial cen, ters and d~scourage development of stop commerctal uses. Harv~ston ]Specific Plan proposes a Mixed Use Village Center, which would include uses The such as retail, ~estaurant, office, daycare, worship, and a private club facility and fimess center· Additional cornmercial uses are located in the Service Cornmercial area of the Specific Plan. The Specific Plan does not encourage development of strip commercial uses. C 'd th . 1.4 ons~ er e m~ac s on surrounamg tans uses and infrastxucture when reviewing proposals for new development. · proposed t~lan is consistent with the City of Temecula general plan densities and intensities and seeks, to create a community character and quality that reflects the surrounding area. The Harveston EIR provides an analysis of the project's impacts on surrounding land uses and infrastructure. Infrastructure is consistent with the General Plan requirements and will be installed concul 'rently with development. FEBRUARY 2001 2 LAND USE ELEMENT 1.5 1.6 1.7 1.8 1.9 1.10 Support the development of light industrial, manufacturing, research and development, and office uses to diversify Temecula's economic base. The Harveston Specific Plan proposes a ll2.4-acre service commercial area that includes a mixture of uses that could serve or expand upon the adjacent business park development. This service commercial component of the Specific Plan will provide employment opportunities and needs for the region and Harveston area. Provide well-defined zoning and development standards and procedures to guide private sector planning and development. The Harveston Specific Plan creates development standards consistent with the philosophy of the City of Temecula Development Code. Detailed development standards for the Specific Plan have been prepared (see Section ILO, Development Standards) to manage implementation of general or unique conditions in each Planning Area Require the preparation of specific plans as designated on the Specific Plan Overlay to achieve the comprehensive planning and phasing of development and infrastructure. The Harveston Specific Plan has been prepared in order to achieve 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. This policy is not applicable, because it is a City directed policy. However, the subject site is designated Specific Plan on the General Plan Land Use Map. Encourage flexible zoning techniques in appropriate locations to preserve natural features, achieve innovation site design, achieve a range of transition of densities, provide open space and recreation facilities, and to provide necessary amenities and facilities. The Harveston Specific Plan includes components that achieve many innovative site designs and a range of densities within the proposed residential development and the mixed use Village Center. The plan also provides for a variety of open space and recreation facilities including a Lake, a Lake Park, Paseo Park, Arroyo Park, and three mini park, a comprehensive trail ~ystem and bike paths. Pursue opportunities to locate higher density housing with supporting commercial and public uses on the west side of 1-15. This policy (locating higher density housing with supporting commercial and public uses on the west side of l-l$) is not the responsibility of the Harveston development. This development is located on the east side of l-15. Although the Specific Plan area is located east of l-15 it does include higher density housing and supporting commercial and public uses. FEBRUARY 2001 3 LAND USE, ELEMENT Goal 2: .~ A City of dive~i'sified development character where rural and historical areas are protected and co-exist w~th newer urban development. DiscUSsion: The Harveston Specific Plan has been designed with sensitivity to its surrounding uses a~id seeks ~o conform to t~he overall character of the area. However, Harveston Specific Plan area is not ~ocated within q historical or rural area of the City. Policies 1 2.1 Provide physic~ and visual buffer areas to create a transition between rural residential and agxieulturgl~ areas and commercial, industrial and other higher density residential development. t ne propo, sea ptan includes extensive uses of puseos and landscaping setbacks/buffers to create physical and ~isual buffers to create appropriate transitions within the different types of development. 2.2 Apply rural dev~lopment standards to specified areas of the City to maintain the rural character of I~hose areas. 'lite policy is not applicable because the rural development standards do not apply to this project. The proposed project is in an area adjacent to existing development and the 1-15 Freeway and nas been destgn~ted for mtxed use development by the City s General Plan. 2.3 De£me th~ rural, II-'and historical areas of the community to be conserved, and establish a procedure :or adding areas or altering boundaries as necessary. This poliCY is not applicable to the Harveston project. It is the responsibi ity of e City of Femecula to dlefine the rural and historical areas of the community to be conserved and establishin, g a 'procedure for adding or altering the boundaries if necessary. The City has already defined] rural areas within the community and assigned L (.5-2 dwelling units per acre), VL (.2-.4 dwelling units per acre) and HR (0-.1 dwelling units per acre)residential designation on ~he General Plan Land Use Map. In addinon, the City has adopted the Old Town Specific Plan whtch hasldefined a historical area of the communay to be conserved. 2.4 Require the us~e of landscaped, open space buffers along roadways in-lieu of residential subdivision walls where feasible in light of noise and other constraints. The Harv~eston Specific Plan Design Guidelines (Section 10.0) has incorporated the use of J'andscape and open space buffers along the roadways in-lieu of residential subdivision walls where feastble tn hght of norse and other constratnts. Ftgure 10.4 (Communtty Fencing and Walls Plan) presents a variety of wall and fence types wtthtn Harveston to meet the tntent of thts General Plan t t'hey will be pit variety of walls, 'olicy. The project perimeter walls are required for noise mitigation: however, nted with vines to create a green wall. The interior of the project will allow a fences and landscaping that will be well landscaped. FEBRUARY 2001 LAND USE ELEMENT Goal 3: A land use pattern that will protect and enhance residential neighborhoods. Discussion: The design of the Harveston Specific Plan is sensitive to and compatible with the surrounding uses and takes into account existing conditions and natural features. While the plan seek~ to create a distinguishable character for the Harveston Specific Plan area, it will be compatible with and will enhance the adjacent uses. PoHcies 3.1 Consider the compatibility of proposed projects on surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, preservation of existing vegetation and landform, the location of access routes, noise impacts, traffic impacts, and other environmental conditions. The design of the Harveston Specific Plan is sensitive to and compatible with the surrounding uses a~l takes into account existing conditions in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts and other environmental conditions. Specific Plan Land Use designations are consistent with the General Plan Land Use designations. The General Plan designations were reviewed for consistency and compatibility with adjacent development. The Specific Plan land uses have been developed to be complimentary to and compatible with the surrounding uses. Residential designations have been appropriately located next to those of like intensity. The Community Park has been situated to provide a buffer to the existing light industrial uses. The Service Commercial area has been located adjacent to 1-15 and west of Ynez Road. In adrlition, Design Guidelines and Development Standards within the Specific Plan assure the appropriate use of color, materials, architectural styles, landscaping, etc., to ensure compatibility with surrounding uses. 3.2 Provide infill development incentives in the residential sections of the Old Town area through the Old Town Specific Plan. The policy is not applicable because this is a City directed policy and the proposed project is not located in Old Town. 3.3 Require parcels developed for commercial or industrial uses to incorporate buffers that minimize the impacts of noise, light, visibility of activity and vehicular traffic on surrounding residential Location of the service commercial uses with their l'ack of direct roadway access to the residential uses and special features such as landscape buffers, incorporated into the design of the service commercial, will minimize the impacts on surrounding residential uses. 3.4 Protect single-family residential areas from encroachment by commercial uses. The Harveston Specific Plan proposes a service commercial area (adjacent to the existing business park) away from existing residential and the proposed residential planning areas. Landscape buffers will provide separation between the Service Commercial and residential uses. FEBRUARY 2001 5 p:~oo~s~o~arcosstsrtn~oc LAND USE EIEMENT Additionally, the Specific Plan area consists of distinct planning areas with specific development standardz that wtll prevent any encroachment by the commercial uses into residential areas. 3.5 Obtain aviation~ easement as required by the Comprehensive Land Use Plan for the French Valley Airport to ensure that landowners acknowledge the impacts associated with aircraft. This poli~cy isl not applicable because the Harveston Specific Plan area is not within the Comprehqnsiv~ Land Use Plan for the French Valley Airport, and therefore, no aviation easement is req~uired for the project. 3.6 Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated A Traffic Analys~tsfor th~s project was prepared by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer. According to the Analysis, impacts .from the projec! at opening year (2002) and at project buildout (2005) result in a minimum Level of Service D ~ all critical intersections within the vicinity of the project provided that certain transportb~rion gmprovements are made by the project. These improvements have been identified and included a~] mitigation measures within the project's Environmental Impact Report. The project ~ already paid approximately 2.5 million and 1.8 million into Assessment Districts 156 and 1161 (respectively), which contributed to improvements on Ynez Winchester and Margarita Roait& In addttton, the project wdl pay its fair share of Development Impact Fees (DIF); ir~pleme~.nt all recommendations contained within the Traffic Analysis for traffic improvements; ~as well as support the City's efforts to design and secure jurisdictional approval for the construcltion of a new interchange at 1-15 at Cherry and/or Date Street. Require Proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential ar~as are avoided or adequately mitigated. 3.7 .Please see consistency analysis for Policy 3.6, above. Goal 4: A developmen patterns that preserve and enhance the environmental resources of the Study Area. Discussion: The Harvestor, Specific Plan has taken into consideration the natural and man-made opportunities ,~ constraints in determining its land use designations and their intensities. Except fo~ the preservation and enhancement of the Arroyo Park in its natural state, there are no other natural features/Imzards that would affect the land use destgnatton w~thin the project site. FEBRUARY 2001 6 LAND USE ELEMENT PoHcies 4.1 Enforce hillside grading standards to natursli?e the effects of grading, require the preservation of unique natural features and to encourage a broad range of hillside architectural and site planning solutions. The project site will be mass graded and will result in a balance of cut and fill materials on the site. The project will be graded in a manner which is similar to the other specific plans in the City of Ternecula (Paloma del Sol, Margarita Village, Roripaugh Estates, Campos Verdes, Rancho Highlands) and surrounding Riverside County (Warm Springs, Vail Ranch, Red Hawk). The grading will result in rnodificatie~s to the natural terrain. This type of grading is necessary to achieve the General Plan/Specific Plan land use designations for the site. Hillside grading standards are more appropriately applied in the areas designated L (.5-2 dwelling units per acre) , VL (.2-.4 dwelling units per acre) and HR (0-.1 dwelling units per acre) on the General Plan Land Use Map. 4.2 Consider the constraints of natural and man-made bsTards in determining the location, type and intensities of new development. The Harveston Specific Plan takes into consideration the natural and man-made realities and constraints in determining its land use designations and their intensities. Except for preservation of the Arroyo Park in its natural state, there are no other natural features/hazards that would affect the land use designation within the project site. Man-made hazards such as existing and future roadways have been also considered. Additionally, the proposed project incorporates contour grading techniques in grading the site in order to maintain the integrity of the natural setting. 4.3 Cooperate with other agencies to develop Multi-species Habitat Conservation Plans in western Riverside and northern San Diego Counties. This policy is not applicable, because it is a City directed policy, and it is the responsibility of the City of Temeculc~ 4.4 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. The proposed Specific Plan area is not in the vicinity of the above aqueduct, however, the Specific Plan provides a comprehensive trail system with connection point to the off-site trails along Santa Gertrudis Creek. The project also proposes enhancement and preservation of a 13.8-acre Arroyo Park consistent with U.S. Army Corps and Fish and Game guidelines. The Arroyo Park includes a nature trail system. 4.5 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. The Specific Plan preparation has included contact with the Riverside County Flood Control and other responsible agencies on the issue of waterways and fload control in the City of Temecula~ FEBRUARY 2001 7 LAND USE;ELEMENT , I. 4.6 Consider alternative flood conU'ol methods to reduce capital and maintenance costs and provide ]recreational and open space opportunities. Section 5.0, lnf~?strucmre Plan, of the Specific Plan includes the proposed drainage plan, which ncorporates ex~stmg drainage courses tnto recreanonal open space areas (i.e.. lO. 5-acre Arroyo ~Oark and 2~.5-acre Paseo Park). 4.7 Conserve file re!ources of Pechanga, Temecula and Murrieta Creeks through appropriate densities of develop'ment,l~ setbacks, landscaping, and site design of surrounding projects. ;~is policP is Inot applicable, because it is a City directed policy. The project is however consistent with the General Plan density designations for the property. Goal 5: ' t[ land uSe pattern and intensity of development that encourages alternative modes of transportation,'~ineluding transit, bicycling, and walking. Discassion: ]Tte Harveston ,Specific Plan includes a transit plan, which provides for alternative mode of transportatior. IT he transit plan has been developed with input provided from the Riverside Transit Auihorit;y (RTA) and incorporates the service needs of the RTA. The Village Center; High- aenstty restdennal (13-20 dwelhng umts/acre) and the M2 (Medium-density residential 7-13 a!welling units/a~re) are located at the "core" of the project to provide the critical density needed to support'publ{c transit. Bus turnouts an~ shelters are included, as required by the RTA and approved by the Department of Public Works Additionally, thq Harveston Specific Plan includes a comprehensive paseo and trail system providing ',the project s restdents the opportunity to walk, jog, or bike around the entire community, Bike trails and transit facilities will also be provided along the project roadways. 77re Specific Plah includes a Mixed Use Village Center, which consists of a mixture of compatible uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. The M~d Use Village Center creates an environment where walking is encouraged. For ease of access this "core area" is connected to various residential areas within the development vta walktng and btking trails. Policies 5.1 h~clude in Ithe Development~ Code and through other ordinances a package of incentives to encourage development to include: 1. Additional active parkland 2. Development of parkland and trmls 3 Preservation of historic buildings or sites 4. Addmonal open space 5. Preservatmn and enhancement of natural habitat 6.. Additionhl public or community facilities 7. Addition~al or improved public spaces or plazas for community use 8. Additional amenities in multifamily developments FEBRUAIgY 2001 LAND USE ELEMENT I1. Transit facilities and/or additional right-of-way along future wansit corridors Housing that meets the needs of very low and low income households. Provision of cultural facilities. The Harveston Specific Plan has included many of these items. This is further discussed below. AdditionaI Active Parklan~ The project provides 57.4 acres of parkland/recreation facilities (including the Winchester Creek Park). This figure does not include the 15.9 acres within the LDZ's, which brings the total to 73.3 acres. Development of Parkland and Trails. The parkland acreage is discussed above. The Open Space and Recreation Plan (Figure 6.1 of the Specific Plan) and Bicycle Plan (Figure 4.8 of the Specific Plan) depict the open space/recreational opportunities within the Plan, as well as comprehensive walking and bicycle network within the project. A ten foot (10') wide trail easement cdong the western perimeter of the project. In nd~tition to providing opportunities within the project, these networks also tie into the existing City wide bicycle plan. Further, it is anticipated that these ~ystems will ultimately become a component of the City's Trails Master Plan (currently under development). · Preservation of Historic Buildings or Sites. There are no known historic buildings or sites at the project location. Additional Open Space. As discussed above, the project is providing 57.4 acres of recreation facilities. Based upon the requirements of the City of Temecula Community Services Department, 26.75 acres or parldand is required. The project exceeds this amount by 30.65 acres. Preservation and Enhancement of Natural Habitat. As part of the Environmental Impact Report, a biological assessment was prepared for the project site. No sensitive or endangered species were identified on-site. The project will impact 2.86 acres of "waters of the United States." As mitigation for this impact, the creation of 8 acres of a riparian corridor must be created on-site. The Arroyo Park has been developed to serve as this mitigation and will encompass 13.8 acres. This is greater than what was required by the United States Army Corps of Engineers for mitigatior~ In addition, should the Cherry Street interchange be approved for this project, this acreage may be subject to an increase. Additional Public or Community Facilities. Public and Community facilities are included within many of the recreation facilities within the project. It is anticipated that people residing within the project and those within the vicinity of the project will use those facilities. These include the elementary school, the Lake, Lake Park, Paseo Park, Village Green as well as the Community Parle In addition, private facilities will be provided to serve the Harveston residents. Additional or Improved Public Spaces or Plazas for Community Use. These have been listed above. In addition, public and quasi-public spaces will be provided within the Village Center. Also, mini-parks are included within most of the residential neighborhoods. FEBRUARY 2001 9 LAND USE ELEMENT AclditiOnal ~menities in Multifamily Developments. It is anticipated that the mulzifamily component blf the project will contain amenities, which are typically found within these types of development. The multi-family development is centrally located adjacent to the Village Center~ and Ivithin immediate proximity of the project's recreation facilities. ~ Transit Facilities and/or additional right-of-way Along Future Transit Corridors. The transit plan has been developed with input provided from the Riverside Transit Agency (RTA). Potential T~ansit Routes & Stops have been developed for current and future transit needs, with input ~rom RTA. A transit station is planned within the Village Center and will be integrated ihto the design of the streetscape. The transit station will be installed when adjacent development occurs, tn accordance wtth the requtrements of the RTA It is anttctpated that the buses wdl tnttially make a small loop through the project, entering the site from M~rgarita Road, passing by the Elementary School, l. xtke and Lake Park, Village Green 'and Village Center and exiting the site via Margarita Road. Future transit stops will be prov, ided within the project, along the Loop Road. Transit stops are also proposed on the perimeter of~ the project, along Date Street, Ynez Road and Margarita Road. In addition, transit ,stops~ will be provided in key locations within the Service Commercial portion of the project. AllI of the transit stops are anticipated to connect to the current and future major transit ihubs ?thin the area, including the Promenade Mall. · Housirig That Meets the Needs of Very Low and Low Income Households. The project includes a v~triety of housing types, which will provide a wide array of housing opportunities owners and renters. It is not anticipated that Harveston will provide housing that for both I meets the ne~ds of very low and low income households. , I · Provision oflCidtural Facilities. These are discussed above in the recreation facilities. 5.2 Requixe the provision of pedestrian and bicycle linkages from residential areas to open space/recre~atmn ~faciht~es commercial and employment centers. The HarveSton Specific Plan includes a comprehensive puseo and trail system providing the project s residents the opportuntty to walk, jog, or bike around the entire community. Bike trails and transtt facdt?es wdl also be provided along the project roadways. (See Figures 4.8, Btcycle Flan and 11.5, Mixed Use Vehicular Circulation and Parking). 5.3 Encourage I, varieiy in the design of sidewalks and a'ails with respect to alignment and surface materials to provide a convenient and enjoyable experience for the users. 5.4 The sidewalks ~and paseos included in the proposed plan incorporate unique design features, landscapin~g, and amenities offering users a variety of different recreational experiences. Many of the propbsed ~laseos will meander through the adjacent landscape. Pro,nde grade separated b~ke paths along major arterials where feasible. Ensure that non-grade separated b~ke p~,ths are designated for safety. The proposed Specific Plan includes Class H bike lane along Margarita Road, consistent with the Ctty of Temecula General Plan (see Figure 10.1-4, Margartta Road). FEBRUARY 200l 10 LAND USE ELEMENT 5.5 5.6 5.7 5.8 5.9 5.10 Desiguate Mixed Use Village Centers on the Land Use Plan to provide areas within the community that are urban in character, col~tain a mixture of compatible uses, and are designed to reduce or eliminate the need for the automobile in traveling to or within Mixed Use Village Centers. The Specific Plan includes a Mixed Use Village Center, which consists of a mixture of compatible uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. The Mixed Use Village Center creates an environment where walking is encouraged. For ease of access this "core area" is connected to various residential areas within the development via walking and biking trails. Encourage higher density residential, mixed use development, and supporting public and community facilities within Mixed Use Village Centers. The Mixed Use Village Center proposed within the proposed Harveston plan includes mixed use development, public and community facilities, and higher density residential uses. Establish design guidelines, development standards, and incentive programs for uses within Mixed Use Village Centers. The proposed plan establishes guidelines, development standards, and incentive programs for Mixed Use Village Center uses. (See Section 11.4.7, Mixed Use Overlay Zone). Develop a plan to link Mixed Use Village Centers by trails and potential transit systems including bus, shuttle and light rail. The Harveston Specific Plan includes extensive system of paseos and potential transit facilities that link the Mixed Use Village Center to the remainder of the community. (See Figure 11.15, Mixed Use Vehicular Circulation and Parking). Ensure that architecture, landscape design, and site planning within Mixed Use Village Centers emphasizes a pedestrian scale and safe and convenient access between uses. The Mixed Use Village Center is pedestrian oriented and facilitates access between uses within the Village. Walking and biking trails are provided to connect the Mixed Use Village Center to other areas within the Specific Plan. (See Figure 11.16, Mixed Use Village Center Pedestrian Circulation). Ensure that adequate public gathering areas or plazas are incorporated within Mixed Use Village Centers to allow for social interaction and community activities. The Mixed Use Village Center proposed within the Harveston Specific Plan ailows for gathering areas ~ plazas. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. 5. I 1 Discourage the development of strip commercial centers that increase automobile dependency. FEBRUARY 2001 LAND USE EI EMENT The Ha~estonllSpecific Plan does nat propose the development of strip commercial uses within the Specific PFqn area. Its objective is to create a pedestrian friendly environment where the use of the car is no~ encouraged Goal 6: A plan ,fOr Old Town Temecula that enhances economic viability, preserves historic structu~s, addresses parking and public improvement needs, and establishes design standards to enhance and maintain the character and economic viability of Old Town. This goal is ngt applicable because the Specific Plan is not located within the Old Town area of the City of Temeeula. This goaLts noI appltcable because ,t is a City directed goal Goal 7: I Orderly anne~,ation and development of nnineorporated area within Temecula's Sphere of Influence. This goa! is r~ t applicable because the Harveston Specific Plan is not located within the unincorporated areas of Temecula ' s Sphere of Influence. Goal 8: A City that is compatible and coordinated with regional land use patterns. Discuss~!on: The Specific Plan land uses have been laid out consistent with the City of Temecula General Plan, which ta~es into account larger regional goals and policies. Additionally, the Specific Plan was coordinate~ with the U.S. Army Corps of Engineers and the State Department offish and Game, which take a more regional and comprehensive approach. Policies : 8.1 Provide a Patted of land uses that maintain and enhance the viability of neighboring cormnunities including the C!ty of Murrieta, and the counties of Riverside and San Diego, through compatible uses and linkagis. The compatibility between the Harveston project and the adjacent developments has been dtscussed ,tn Poltcy 3.1. The archttectural styles, design guidelines and development standards will create a Ideveiopment that will maintain and enhance the viability of neighboring communities including~ the City of Murrieta and the Counties of Riverside and San Diego. Compatible uses and ltnkages have been provided throughout the project. 'Pr ' d 8.2 . oxa e a sys em of open space that is coordinated with regional open space uses to ,:omprehens~vely address the management and conservation of resources. Th a e rroyo Par open space proposed within the Hameston Specific Plan was coordinated with .he Umted States Army Corps of Engineers and the Califorma Department of Ftsh and Game as FEBRUARY 2001, 12 LAND USE ELEMENT 8.3 8.4 a mitigation measure to address the management and conservation of resources. The Harveston Open Space and Recreation Plan (Figure 6.1) provides a system of open space that is coordinated with the City-wide and regional systert~ The project will tie into the Santa Gertrudis Trail System, as well as provide a 10' wide easement along the western project bounda~ for regional trial systems. Participate with the Airport Land use Commission in the planning process in the preparation of the Comprehensive Land use Plan for the French Valley Airport, to the extent feasible. The pollcy is not applicable because the Harveston Specific Plan is not within the Comprehensive Land Use Plan for the French Valley Airport. 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 Resources Strategy, and School Facilities Plan. This Policy is the responsibility of the City of Temecula and not that of the Harveston project. The project will be reviewed for consistency with the City of Temecula Growth Management Program Action Plar~ In addition, transportation items have been ,,~t~tressed above (see Policy 3.3). Water resources and project impacts have been discussed and mitigated as necessary in the project's Environmental Impact Report. An elementary school site is currently under construction on the project site and sufficient resources are available to accommodate the middle and high school students generated by the project. FEBRUARY 2001 13 CIRCULA TIO ELEMENT CIRC~[.ATION ELEMENT Strive to maintain a Level of Service "D" or better at all intersections within the City. during peak hours an~l Level of Service "C" or better during non-peak hours. Discussion: A Traffic Analysis for this project was prepared by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer. According to the Analysis, impacts .from the project at opening year (2002) and at project buildout (2005) result in a minimum Level of Service, D a~ all critical intersections within the vicinity of the project provided that certain transport'~on improvements are made by the project. Ten intersections have been identified as needing improvements (2005 with 2 of the 10 requiring improvements at year 2002). These improvements are located at the following intersections: · Winchester · Winchester · Winchester & Ynez Roads; Road & 1-15; Road & Jefferson Avenue; · Winch, ester,& Margarita Road; · Overland £ rive & Margarita Road; · Overland £ rive & Ynez Road; · Overland ~ rive & Jefferson Avenue; · Murrieta HOt Springs & Margarita Roads; · Murrieta HOt Springs & Alta Murrieta Road~; · Murrieta Hot Springs & Jefferson Avenue. Overall p~'ojec{ impacts (percentage) to these intersections have been identified in the E1R. Mitigatiori measures have been included within the project's Environmental Impact Report to ,ensure that this Goal is met. Policies 1.1 Establish Street 'standards and all new roadway facilities shall be constructed or upgraded to meet City standards where feasible. 'Fhe proposed Specific Plan includes a Circulation Plan and standards, which will dictate constructton arid upgrade of the roadway facthttes conststent with Ctty standards. All roadway a~d tntersectton destgns will comply with City standards providing safe and efficient traffic patterns and ctr~culanon. 1.2 Require an eva~luation of potential traffic impacts associated with new development prior to project aPprova!, and require adequate mitigation measures prior to, or concurrent with, project development. ,Please see consistency analysis for Goal 1, above. 1.3 Use the Circulation Element Roadway Plan to guide detailed planning and implementation of the City's roadway ~ystetr~ FEBRUARY 2001 14 ~:~o~ss~o'~a~cosstsrencrvoc CIRCULATION ELEMENT 1.4 1.5 The Circulation Plan within the Harveston Specific Plan has been produced based on the City's Circulation standards. Pursue trip reduction and transportation systems management measures to reduce and limit congestion at intersections and along streets within the City. Please see consistency analysis for Goal 1, above. Trip reduction measures include: · Transit provisions · Location of housing near employment areas · An extensive bicycle path network · An extensive walking/pedestrian network. Transportation System Management measures include (General Plan): · Adding turn lanes or restricting turning movements during peak traffic periods at congested intersections · Widening of intersection approaches to accommodate additional through movement lanes or to improve visibility · Installation of bas turnout bays · Pavement marking modifications/improvements · Completion of "missing links" in the roadway network 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. The policy is not applicable because it is a City directed policy. Goal 2: Enhance traffic safety on City streets. Discussion: The Circulation Plan within the Harveston Specific Plan minimizes traffic conflicts and promotes safe traffic circulation within the Specific Plan area. A Loop Road is included within the circulation plan for ease of access to different residential planning areas, reducing undesirable through traJ~c within the residential areas. The Circulation Plan encourages safety for all pedestrian traffic by separating vehicular and pedestrian traffic, especially in commercial and high-density areas. As such, the plan includes a safe and efficient paseo, urban trail and sidewalk network, providing pedestrian and bicycle circulation in conjunction with the roadway network. Policies 2.1 The City shall enforce speed restrictions throughout the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 15 CIRCULATION ELEMENT FEBRUARY 2001 16 2.2 Require that f~ture roads and improvements to existing roads be designed to minimize traffic conflicts Such ~ those which result from curb parking maneuvers and uncontrolled access along heavily trgveled roadways. The CircUlation, Plan within the Harveston Specific Plan minimizes traffic conflicts and promotes safe traffic circulation within the Specific Plan are~z A Loop Road is included within the circulatio,n pl~7, for ease of access to different residential planning areas, reducing undesirable through ~affic ,within the residential areas. 2.3 Require that the development of new private driveways do not introduce si~ificant traffic conflicts along Imajor streets and primary residential collectors roads. The HarvestoniSpecific Plan does not propose new private driveways off of the major streets or primary reside~ntial collector roads. Three project entries are proposed off the major streets (2 on Margarita Road and I on Date Street). Internal to the project, neighborhoods will access the Loop Road ~ll driveway locations are subject to review and approval of the Director of Public Works. 2.4 Require Hat v~hicular and pedestrian traffic be separated to the maximum extent feasible. The Circ~ulatioln Plan within the Harveston Specific Plan encourages safety for all pedestrian traffic by sepalrating vehicular and pedestrian traffic, especially in commercial and high density areas. A~s suc~ the plan includes a safe and efficient pasco, urban trail and sidewalk network, providing pedestrian and bicycle circulation in conjunction with the roadway network. 2.5 Establish an o~going maintenance_program to ensure the safety of the Oty s roadway system. This poli~ is n~ot applicable because it is a City directed policy. Goal 3::A regiofial t ~lna~s..portation system that accommodates the safe and efficient movement of people and go~ls to and from the community, Discassion: ' I · The HarVeston~ Specific Plan includes City-wide and regional circulatton roadways. The Specific Plan currentl~ includes roadway segments, which are consistent with the City's General Plan Circulation Element (Margarita Road, Date Street, Ynez Road). In addition, a City directed alternative has been included in the Plan. With the inclusion of the project's roadway network, transzt provtstons, bicycle and pedestrian pathways, the project will contribute to this goal of accommodatinlg the safe and efficient movement of people and goods to and from the community. Policies 3.1 Support the ] ' ' fthe cc~mp~eUon o Riverside County Master Plan of Arterial Highways. The Ctrculatton Plan within the Harveston Specific Plan includes roadway extensions and future improvements consistent with the City's existing Circulation Element Plan. CIRCULATION ELEMENT 3.2 3.3 3.4 3.5 3.6 3.7 Actively pursue the consUmction of a new interchange north of Winchester Road and other recommended system improvements outside its jurisdiction in cooperation with Caltrans, the City of Murdeta, Riverside County, and local developers. Measures should be taken to preserve anticipated right-of-way needs and to identify funding mechanisms for the interchange The location of a new interchange north of Winchester Road is currently being reviewed through a Project Study Report (PSR) by Caltrans. It is anticipated that Caltrans will complete this review by mid-2OOJ and the location for this interchange will be determined The project contains two alternatives for the location of this interchange. Subdivision maps are also being processed which will reserve ,~tt~titional righi-of-way for the ultimate location for the interchange. It should be noted that the applicant will support the City's efforts to design and secure jurisdictional approval for the construction ora new interchange at 1-15 at Cherry and/or Date Street. Actively pursue the improvements to existing interchanges within the City and construction of new overpasses as required to achieve the adopted service level standards. Reference response to Policy 3.2. In nrldition, a mitigation measure in the project's E1R requires improvements to the 1-15/Winchester Road interchange. This mitigation would help achieve level of service standards required in Goal 3. Coordinate with the Riverside Transit Agency to provide fixed route transit service (bus or shuffle) along major transportation corridors connecting to regional employment and commercial areas, airports, health care facilities, and major recreation areas. The Harveston Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to facilitate provision of transit service. Coordination and correspondence with the Riverside Transit Agency was completed as part of the Harveston E1R preparation. Provide for express transit service through implementation of park-and-fide facilities along regional transportation con-idors. This policy is not applicable because it is a City directed policy, and park-and-ride facilities are not proposed with the Harveston project. Coordinate with Western Riverside Council of Governments to identify, protect, and pursue opportunities for a light rail transit along major transportation corridors which connect Temecula to other population centers. This policy is not applicable because it is a City directed policy, and it is the responsibility of the City of Temecula. Encourage the formation of a special Southwest County agency or task force which would be responsible for identifying and prioritizing selected system improvements having regional significance and the development of funding sources which would allow for the timely implementation of these improvements. FEBRUARY 2001 17 ~:~oox~a~arco~s~sr~crvoc CIRCULATIO1 ELEMENT This poli~Y is mt applicable because it is a City directed palicy, and it is the responsibility of the City of T~meculc~ Goal 4: I An effici,ent Ctt~ circulation s~stem through the use of transportation system management and travel demand management strategies. Discussion: ~ This go~ is rtq~t applicable because it is a City directed goal. However, the Harveston EIR incorporates Travel Demand Management (TDM) requirements, us mitigation measures, consistent with the Air Quality Management Plan (AQMP). The proposed project will comply with the condt~ons and requirements set forth by the City of Temecula and will implement all traffic signals ~ required by the traffic study in order to maximize efficient flow of traffic. The Harvesto~n Specific Plan includes a comprehensive pedestrian trail system and incorporates features such ~s bus turnouts and shelters, as required by the Director of Public Works and the Riversid~ Transit Agency (RTA ). Polici~. 4.1 4.2 Establish a City-wide Circulation System Phasing and Financing Program for the orderly implemefltafio~ of system improvements identified in the Circulation Element. This policy is ~not applicable because it is a City directed policy. Require prope~ spacing and intemonnect traffic signals where feasible to maximize the smooth progression o~ traffic flows and to minimize delay and stop and go conditions which result in higher vehicle emissions and noise levels. 4.3 The proposed 'project will comply with the conditions and requirements set forth by the City of Temeculd ~ will implement all traffic signals as required by the traffic study in order to maximizq efficient flow of traffic. DiscoUrage th,~ provision of on-street (curbside) parking along principal arterial roadways to minimize traffic conflicts and increase the traffic carrying capacity of these roadways. The Spetific P~lan does not propose on-street parking along the principal arterial roadways (i.e., Date Street, Margarita Roatt, and Ynez Road). 4.4 Require new ~development to incorporate design features which facilitate transit service and encourage transit ndership such as bus pullout areas, covered bus stop facilities, efficient ~xail systems through projects to transit stops, and incorporation of pedestrian walkways that pass through ~ubdi~ision boundapy walls. The Ha~eston Specific Plan includes a comprehensive pedestrian trail system and incorporates features 'such las bus turnouts and shelters, as required by the Director of Public Wor'~ and the Rtverstde TraYzstt Agency (RTA). FEBRUARY 2001 18 CIRCULATION ELEMENT 4.5 4.6 4.7 4.8 4.9 4.10 4.11 Require specific plans and other mixed use projects to provide an internal system of trails linking schools, shopping centers, mmsit, and other public facilities within residential areas. The Harveston Specific Plan includes an extensive internal system of trails/paseos that connect the Mixed Use Village Center to the school, the lake/lake park and community park, and different residential areas. Provide a comprehensive system of Class I and/or Class ri bicycle lanes to meet the needs of cyclist t~aveling to and from work and other destinations within the City. ' Consistent with the City of Temecula General Plan, the Harveston Specific Plan provides Class 11 bicycle lanes along most roadways within the Specific Plan area for recreational as well as ease of access between different planning areas and uses. (See Figure 4.8, Bicycle Plan). Encourage a 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 pedesu-ian and bicycle modes of travel. The proposed project is pedestrian oriented encouraging internal movement between the different uses and planning areas via trails and bike lanes. Encourage the provision of additional regional public transportation services. The Harveston Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to facilitate provision of transit service. Coordination and correspondence with the Riverside Transit Agency was completed as pan of the Harveston EIR preparation. 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 building permits, in accordance with the City's Transportation Demand Management Ordinance. The Harveston EIR incorporates Travel Demand Management (TDM) requirements, as mitigation measures, consistent with the Air Quality Management Plan (AQMP). Encourage the implementation of employer Travel Demand Management (TDM) requirements included in the Southern California Air Quality Management District's Regulation 15 of the Air Quality Management Plan. The Harveston EIR incorporates TDM requirements as mitigation measures consistent with the AQMP. The City shall establish a local Congestion Management Plan and monitor the performance and effectiveness of travel demand management programs within the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 19 CIRCULATION ELEMENT Goal 5: ,An adeqt~ate ~supply of private and public parking to meet the needs of residents and 'dsitors of the City. Discussion: ~ I · The prop?ed Specific Plan contain~ parking requirements and standards (see Sectzon l I.O, .Development S~andards) to provide adequate parking facilities on-site. A tapered street section will be us'ed at)nterru~ neighborhood intersections and in locations where on-street parking is otherwise,adeqltately provided. Adequate on-street parking has been defined in Section J ] of the St~ecific ~lan. I The Mixed Use Village Center provides the opportunity for "shared joint use .;arking " ~hic~ helps minimize the number of ingress and egress points. Policies 5.1 Enforce City p~king ordinances and standard design requkements which apply. The HarvestonlSpecific Plan is prepared based on the City's General Plan and other applicable ordinances (i. el, parking ordinances) and standard design req.uirements. Parking standards are contained in Sdction Il.O, Development Standards, of the Specific Plan. 5.2 Require the consolidation of parking, and related circulation facilities, where appropriate, to minimize the nimaber of ingress and egress points onto arterials. The Mixed Use, Village Center provides the opportunity for "shared joint use parking" which helps min~tmzzeI the number of ingress and egress points. 5.3 Provide addifiqnal public parking in the Old Town area where feasible through common parking areas or establishment of a parking district. This pollcy is Inot applicable because the Harveston Specific Plan is not within the Old Town Specific Plan qrea. I . , to rovide ade-uate on site parking and/or to contribute to a program 5.4 Require proj<t oeveiopers p q - to acquire and 'maintain off-site facilities. The prOPosed Specific Plan contains parking requirements and standards (see Section I1.0, Development S~ tandards ) to provide adequate parking facilities on-site. 5.5 Encourage und~ erground parking or parking structures where economically feasible in commercial The proposed] Specific Plan contains parking requirements and standards (see Section 1LO, Development Standards) to provide adequate parking facilities on-site. Additional measures will be incorporated to meet the demand and requirement in commercial areas. 5.6 Encourage jolt development of parking facilities (e.g. joint-use of parking facilities) where feasible to maximize the efficient use of available parking. FEBRUARY 2001 20 CIRCULATION ELEMENT .. The proposed Specific Plan contains parking requirements and standards (see Section 1LO, Development Standards) to provide adequate parking facilities on-site. Additional measures will be incorporated to maximize efficiency. Goal 6: Safe and efficient alternatives to motorize travel throughout the City. The proposed project provides for a separate system of paseo/trails that will be utilized by pedestrians and non-motorized modes of transportation. This system provides for ease of access between the different planning areas. This system of trails will also connect to the regional trails for ease access to other areas within the City. PoHcies 6.1 Promote the safety of pedestrians and bicyclist by adhering to uniform trail standards and practices and communicating safety practices to the public. Unless modified through this Specific Plan, all trails shall be constructed to ultimate City standards and practices that will ensure public safety. 6.2 Off-street bicycle and equestrian trails should minimize the number of locations where automobile cross traffic will be experienced. The proposed project provides for bicycle trails throughout the project site (see Figure 4.8, Bicycle Plan). The Specific Plan's loop road system will minimize the number of locations for automobile cross traffic. 6.3 Ensure accessibility of pedestrian facilities to the elderly and disabled. The Harveston Specific Plan seeks to ensure accessibility of facilities to all users, including the elderly and the disabled. ADA standards will be complied with throughout the Specific Plan. 6.4 Traffic signals along bike routes and where significant pedestrian activity is present shall be properly timed and periodically adjusted to allow for the safe movement of these non-motorized modes. The proposed Specific Plan includes a Circulation Plan and standards, which will dictate construction and upgrade of the roadway facilities consistent with City standards. All roadway and intersection designs will comply with City standards providing safe and efficient traffic patterns and circulation. 6.5 Adequate linkages shall be provided for non-motorized modes, between residential areas and commercial / employment activity centers, public institutions, and recreation areas. The proposed project provides for ease of access between the different planning areas by non- motorized modes of transportation, As such, the project includes designated trail systems for use by pedestrians and bicycles and other non-motorized modes of transportation. FEBRUARY 2001 21 ~:~oo~sm~rcos~srtsc~oc CIRCULA TIO? T ELEMENT 6.6 Motorized !vehlc!es and motorized cycles shall be prohibited from using the City's recreation u'ail system. 7~e Harveston ~pecific Plan provides for a separate system of paseos/trails that will be utilized by pedestrians andi non-motorized cycles only. Motorized vehicles and motorized cycles will be p rohibited~'om using the pedestrian designated paseos/trails within the Specific Plan. Goal 7: A truck cirod~tion system that provides for the safe and efficient trnnnport of commodities and also ~iniml i7~ noir, air pollution and traffic impacts to the City. Discussion: The Circulation Plan for Harveston project is based on the City of Temecula Circulation Element and does not ldesignate primary truck routes on roadways providing access to different residenttal areas within the project site. The proposed project provides for measures to facilitate access ~ loading by trucks in order to minimize any potential circulation conflicts. PoHcies 7.1 Designat~ pti In~ truck routes on selected arterial slxeets to minimize the impacts of truck traffic on residential areas. The HarOeston! Specific Plan Circulation Plan is based on the City of Temecula Circulation Element and d~es not designute primary truck routes on roadways providing access to different residenttal areas wtthm the project stte. 7.2 Require ioadifig areas and access ways for macks that minimize or eliminate conflicts with automotive and pedestrian areas to maintain safe and efficient traffic circulation. The proposed Iproject provides for measures (see Section ILO, Development Standards) to facilitate acces~s and loading by trucks in order to minimize any potential circulation conflicts. FEBR~'rARY 2001 HOUSING ELEMENT HOUSING ELEMENT Goal 1: A diversity of housing opportunities that satisfies the physical, social and economic needs of existing and future residents of Temecula. Discussion: The Specific Plan will provide 1,921 dwelling units on a wide range of lots to accommodate the existing and projected housing needs in the City. The residential development will provide a range of housing type options in terms of cost, density and type. The Harveston Specific Plan includes a wide variety of housing types within each density category and proposes a sustainable land use concept by incorporating the open space and recreational opportunities through a generous selection of park types. Policies 1.1 Provide an inventory of land at varying densities sufficient to accommodate the exis6ng and projected housing needs in the City. The Harveston Specific Plan provides 1,921 dwelling units on individual lots ranging in size from 2,000 to 5,000 square feet. The target density for the proposed project is 6.3 dwelling units per acre. The Harveston Specific Plan also includes 300 high-density residential dwelling units at a target density of 17.8 units per acre. In nfMition to the high density, three densities of Low Medium (578 dwelling units), Medium 1 (475 dwelling units), and Medium 2 (568 dwelling units), are included in the Specific Plan. The proposed housing types will provide a range of opportunity, which will satisfy the needs of various segments of the local housing market. 1.2 Encourage residential development that provides a range of housing types options in terms of cost, density and type, and provides the oppommity for local residents to live and work in the same community by balancing jobs and housing types. The proposed project introduces a wide range of housing type in terms of cost, density and design in order to meet the needs of the different segments of the local population. The project also includes commercial uses, which would create jobs locally and regionally. 1.3 Require a mixture of diverse housing types and densities in new developments around the mixed use village centers to enhance their people-orientation and diversity. The Harveston Specific Plan proposes high density housing in the Mixed Use Village Center overlay along with other uses. Additionally, in close proximity to the Mixed Use Village Center are proposed a variety of housing types and densities. 1.4 Support the use of innovative site planning and architectural design in residential development. The proposed project includes a wide variety of housing types within each density category. These varieties are achieved through innovative site planning and design and will cater to the needs of different groups of clients. FEBRUARY 2001 23 ~:~ooo~s~oz~cons~rt~cz~oc HOU?;ING E',LEMENT Encourag~ the resourcesl and The Harveston 1.5 use of clustered development to preserve and enhance important environmental naintain important areas in open space. Specific Plan proposes an efficient land use concept where different residential development types, including clustered development, are introduced and vast areas of open space are incorporated throughout the Specific Plan in the form of a community park, mini parks, paseo park, lake, lak~ park, arroyo park, and paseos. 1.6 Promote the development of compatible mixed use projects that promotes and enhances the village concept, facilitates the efficient use of public facilities, and supports alternative u'ansit options, i J I The Har~,eston~ Specific Plan is a project that incorporates different types of uses such as residential, service commercial, school, parks, and Mixed Use Village Center. Within the Mixed ' Use Village C~nter there is a wide range of uses which promote a pedestrian oriented concept (see Figure 11!16, Mixed Use Village Center Pedestrian Circulation). Paseos, trails, and bike lanes are, prov!ded for ease of access to recreational and other public facility uses (i.e., school, and church). , Goal 2: I Affordable housing for all economic segments of Temecula. Discassion: The Harvesto~ Specific Plan is promoting a variety of housing opportunities that accommodate the need~ of all economic levels of the population, and is providing opportunities to meet the City's fair sht~re of Iow- and moderate-income housing· The project includes housing affordable to households ~ith earnings in excess of approximately 120percent of the current median income of the C~unty bf Riverside. The higher density dwelling units will be more affordable to buyers as well us renters. Policies 2.1 2.2 Promote ~a variety of housing opportunities that accommodate the needs of all economic levels of the population, and provides opportunities to meet the City's fair share of low- and moderate- income housing. The Harvesto! Specific Plan provides 1,921 dwelling units on individual lots ranging in size from 2,000 to '5,?.0~ square feet. The target density for the proposed project is 6.3 dwelling units per acre. The Harveston Specific Plan also includes 300 high-density residential dwelling units at a target densitylof 17.8 units per acre· In a~t~tition to the high density, three densities of Low Medium (578 dwelling units), Medium 1 (475 dwelling units), ~ Medium 2 (568 dwelling units), are included lin the Specific Plan. The proposed housing types will provide a range of opportuiffty, which will satisfy the needs of various economic levels of the local housing market. Support'inno!ative public, private and non-profit efforts in the development of affordable housing,: particularly for special needs groups. This policy is ~ot applicable because it is a City directed policy. FEBRUARY 2001 24 HOUSING ELEMENT 2.3 2.4 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. This policy is not applicable because it is a City directed policy. Pursue all available forms of private, local, state and federal assistance to support development and implementation of the City's housing programs. The proposed Harveston project includes housing affordable to households with earnings in excess of approximately 120 percent of the current median income of the County of Riverside. The higher density dwelling units will be more affordable to buyers as well as renters. Goal 3: Removal of governmental constraints in the maintenance, improvement and development of housing, where appropriate and legally possible, This goal is not applicable because it is a City directed goal. Policies 3.1 Provide reasonable processing time and fees for new construction or rehabilitation of housing. This policy is not applicable because it is a City directed policy. 3.2 Consider mitigating development fees for projects providing affordable and senior citizen housing. This policy is not applicable because it is a City directed policy. 3.3 Periodically review City development standards to ensure consistency with the General Plan and to facilitate high-quality affordable housing. This policy is not applicable because it is a City directed policy. Goal 4: Conservalion of the existing affordable housing stock. This goal is not applicable because it is a City directed goal. Policies 4.1 Monitor and regulate, if necessary, the number of affordable units eligible for conversion to market-rate units and develop programs to minimize the loss of these units. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 25 HOU'J1NG ELE,t 4.2 4.3 lENT Develop iehabilimtion programs that are directed at preserving the integrity of the housing stock. This poll,ny is }~ot applicable because it is a City directed policy. Support the effOrts of private and public entities in maintaining the affordability of units through maplementaUon of energy conservation and weatherization programs. Thts poh ,c~ ,s not applicable because it is a City directed policy. GoalS: Eqmd housin: opportunity for all re,dents in Temecula. Discussion: The HarOestor, Specific Plan promotes housing opportunities for all persons regardless of race, religion, Sex, marital status, ancestry, national origin, age, physical handicap, or color. Policies. 5.1 5.2 5.3 5.4 Encourage and support the enforcement of laws and regulations prohibiting the discrimination in lending p, mcUCes in the sale or rental of housing. The Harveston Specific Plan promotes housing opportunities for all persons regardless of race, religion, ~sex, marital status, ancestry, national origin, age, physical handicap, or color. Assure ahd support the efforts of others to ensure that unresaicted access to housing is available to all segment~ of the community. The pr°Posed ~roject supports and encourages unrestricted access to housing to all interested clients without dtscr~mtnano Encourage housing design standards that promote the accessibility of housing for the elderly and disabled. The SpeCific Plan anticipates the use of certain residential product types by elderly and disabled, therefore, it i~corporates the City's building codes and ADA measures in order to accommodate such use~ I ' ]' ' rtin local rivate non rofit Encourage aha consiaer suppo g p -p groups that address the housing needs of'the homeless and other disadvantaged group. This poli,cy is zot applicable because it is a City directed policy. FEBRUARY 2001 26 OPEN SPACE / CONSERVATION ELEMENT OPEN SPACE ! CONSERVATION ELeMeNT Goal 1: A high qn~lRy parks and recrea~on system that meets the varying recreational needs of residents. Discussion: A major feature of the Harveston Specific Plan is the system of parks and landscaped parkways with pazeos, which link the lake complex, and school recreational facilities and the community park in the Open Space and Recreation Program. The Project Park Program is extensive and provides a vast array of recreational opportunities in which all members of the community can participate. Further, the program incorporates many diverse elements in a coordinated, cohesive plan that interrelates with and links the various neighborhoods of the community with each other and to certain destination points, such as the lake, school, parks and mixed-use village. Policies 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. The HarvesWn Specific Plan includes a substantial amount of open space as community park, mini parks, arroyo park, lake park, paseo park and paseos and trails throughout the development. The provision of parks and open space complies with the City's Park and Recreation Master Plan. 1.2 Require the dedication of parkland and development of facilities to be consistent with the Parks and Recreation Master Plan. The proposed plan complies with the Parks and Recreation Master Plan. 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 Recreation Master Plan. Adequate amount of parks and open space has been dedicated based on the above standards and calculations. 1.4 Park credit for land with floodplains shall be given in accordance with the Parks and Recreation Master Plan. This policy is not applicable because the project site does not contain any flood plains. 1.5 Pursue the joint use of public lands available and suitable for recreation purposes, including lands under the jurisdiction of the Riverside County Hood Control District, Southern California Edison, water districts, and other public agencies. This policy is not applicable because the project proposes community and neighborhood parks throughout the development, and it is not in close vicinity of any public lands that can be utilized for joint use. FEBRUARY 2001 27 O'PEN SPACE ! CONSERVATION ELEMENT 1.6 E. nco. urag~ the enhancement and preservation of significant natural features, k~cluding riparian ~eas, rock outcroppings, sensitive habitat areas and viewpoints through park design auld site development. One featu~re of the Harveston Specific Plan is the Arroyo Park, which is a naturalistic park that~rese~rves the existing creek bed and creates a riparian environment. The Arroyo Park will provide a different recreational experience to the residents of the community. Encgurag.e the enhancement and preservation of historic structures and landscape features in ~e des!gn, development and use of parks. The idesign and development of the different park~ within the Specific Plan area will be ba~ed on vxter~tve use of landscape features to create a untque experience. No historic struqturesi extst wtthm the project area. ' Encourage public safety and compatibility with adjacent use in park design and developm~ent, including location of bmldmgs, activity areas, hghtmg and parking. Design features such as special architectural treatment, perimeter and interior landscaping, and hghting wtll be ~ncorporated into the project for safety and compatibd~ty with,I the adjacent uses. The Community Park has been designed core,stent w~th City stani~ardsl(see Figure 6.3, Community Park Detail). 1.9 Coordina~ long range park and open space planning with Riverside County and the City of This policy is not applicable, because it is a City directed policy. I 1.1.0 Max~m~2e~ pedestrian and bicycle access to existing and new parks as an alternative to automoblle access. The Spec~c Plan project proposes extensive trails and bike lanes that would connect to all the different planning areas and uses including parks. 1.1.1 Enc0urage~ joint recreational use between school and park facilities when appropriate. Thisl policly is not applicable because the community park and the proposed elementary school ar~ not in close adjacency to one another, therefore making it difficult to encourage true joint use. ~ 'd Ith tabli hra t f d 1 ' f cover 1.1.2 ~ons! er ] e es s eno eve opment ~mpact ecs to the cost of capital irr~rovenients for parks and recreation facilities needed to serve new development. This'policy is not applicable because it is a City directed pol~cy. "~EBRUARY 2001 28 OPEN SPACE / CONSERVATION ELEMENT Goal 2: Conservation and protection of surface water, groundwater and imported water Discussion: The Harveston Specific Plan will coordinate with Riverside County Flood Control District to design necessary 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 Watershed, to the maximum extent feasible. The project will protect groundwater in cooperation with the Rancho California Water District and conserve potable water by requiring water conservation techniques in all new development. The project will also encourage utilization of reclaimed water, if available, for irrigation and other appropriate uses. Policies 2.1 Coordinate with 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. The Harveston Specific Plan provides for drainage and flood control facdities and improvements in accordance with the City of Temecula and the Riverside County Flood Control District requirements. (See Section 5.0, Infrastructure Plan). 2.2 Identify and protect groundwater resources from depletion and sources of pollution in cooperation with the Rancho California Water Disaict. The proposed project will comply with standard specifications to protect groundwater resources from depletion and sources of pollution in cooperation with the Rancho California Water District. 2.3 Conserve potable water by requiring water conservation techniques in ail new development. The Harveston Specific Plan will comply with Title 20, California Administrative Code Section 1604 09 (Appliance Efficiency Standards), which establish efficiency standards that set the maximum flow rate of all new showerheads, lavatory faucets, etc., us well as Health and Safety Code Section 17621.3 which requires low-flush toilets and urinals in virtually all buildings. 2.4 Use re~laim~l water fur the irrigation of parks, golf courses, publicly landscaped areas and other feasible applications as service becomes available from RCWD and EMWD. The proposed project will encourage utilization of reclaimed water, if available, for irrigation and other appropriate uses. FEBRUARY 2001 29 p:~ooo~m~o~arco~rr~sczvoc OPEN SPACE / CONSERVATION ELEMENT 2.:; 2,6 2~7 2.8 2.9 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 iii t~ie community. All Construction acttvmes that results in the disturbance of at least five acres of total land area or activity which is part of a larger cotnmon plan of development of five acres or greater, wtll obtain the appropriate State general permit for National Pollution Discharge EliminatiOn System (NPDES) permits and pa}' the appropriate fees. All development within the S~pecific Plan boundaries will be subject to future requirements adopted by the City to implement the NPDES prograr~ Mitigation measures may include, but not be limited to: onsite retentzon; covered storage of all outside storage facilities; vegetated swales; rnonttonng programs, etc. Reg,.' late and manage lands adjacent to or affecting watercourses as stipulated by the Regional Water Resources Con~xol Board. Thts pohcy ts not applicable because it is a City directed policy. The Specific Plan Project Ims,.how~er, obtained 401 permits from the RWQCB. Ensure tllat approved projects have filed a Notice of Intent and Stormwater Pollution Prev~entio,~ Plan in accordance with the Federal Clean Water Act, prior to issuance of buil!ing ~ermits. This poliCY is not applicable because it is a City directed poliCY. The EIR does, however, reqt~ire filing of a Notice of lntent as mitigatior~ Ensure adequate inspection and enforcement of the requirements of General Construction Pernuts, parttcularly related to eromon control during gxading and construction. Thts pohCY ts nat applicable because it is a City directed policy. Participat~ in regional planning for the Santa Margarita River Watershed in conjunction with Fede~ral, State, Regional and local agencies, and non-profit organization. Thts poltcy ts not applicable because it is a Ci~. directed policy. Participat~ in water resources management planning to facilitate the long-term availability of Water resources for western Rivermde County. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 30 ~:~o~*w*oz~rco~stsr~vc~t~c OPEN SPACE / CONSERVATION ELEMENT Goal 3: Conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity. Discussion: Based upon the findings of the biological studies performed for the site, the proposed project site does not include significant onsite biological resources. The project proposes an arroyo park, which will include the creation of a riparian habitat. The Arroyo Park will be developed consistent with the mitigation requirement and permits of the U.S. Army Corps and State Department of Fish and Game. The Specific Plan will also incorporate local native vegetation, mature trees, and/or other significant vegetation into the landscape design of the proposed development. Policies 3.1 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/reoreational trails; and other appropriate measure. Based upon the findings of the biological studies performed for the site, the proposed project site does not include significant onsite biological resources. The project proposes an arroyo park, which will include the creation of a riparian habitat. The Arroyo Park will be developed consistent with the mitigation requirement of the U.S. Army Corps and State Department ofFish and Game. 3.2 Work with State, regional and non-profit agencies and organizations to preserve and enhance significant biological resources on publicly owned lands. This policy is not applicable because it is a City directed policy. 3.3 Coordinate with the County of Riverside and other relevant agencies in the adoption and implementation of the Riverside County Multi-Species Habitat Conservation Plan. This policy is not applicable because it is a City directed policy. 3.4 Encourage developers to incorporate nalive drought-resistant vegetation, mature trees, and other significant vegetation into the site and landscape design for proposed projects. The Harveston Specific Plan will incorporate local native vegetation, mature trees, and/or other significant vegetation into the landscape design of the proposed development (see Section 10.0, Design Guidelines). 3.5 Maintain an inventory of existing natural resources in the City through periodic updates of the Master Environmental Assessment. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 31 r:eooozn~a~a~co~strrwcr, r~c ~JPEN S~ACE / CONSERVATION ELEMENT 3.6 Limit th~ recreational use of designated open space areas where sensitive biological. , s6a ces!a present. Thi~, policy is not applicable because it is a City directed policy. 3.7 Maintain!and enhance the resources of the Temecula Creek, Santa Margarita River, Pechanga! Creek and other water ways to ensure the long-term viability of the habitat, wfldhfe, and wildlife movement comdors. This policy is not applicable because it is a City directed poIio,. Conservation of energy through the use of available technology and conservation practices! Discussion: i To ~'educ~ energy use, the proposed Specific Plan will utilize energy saving techniques such as orienting buildings properly (i.e., north/south lot orientation), planting trees to take advantagq of the sun, ensuring adequate roof overhangs, providing properly insulated walls andipraviding simple heat storage systems such as dual-paned windows. The project development will also include utilization of energy efficient building materials for construction in order to reduce energy use. Policies 4.1 -Enc,Ourag~ the use of sit~ planning techniques, building orientation and building design that reduce engrgy use. To ~educq energy use, the proposed Specific Plan will utilize energy saving techniques such as brient~g buildings properly (i.e., north/south lot orientation), planting trees to take advantagq of the sun, ensuring ,,dequate roof overhangs, providing properly insulated wal~s, an~] providing simple heat storage systems such as dual-paned windows. 4.2 Reqifire the use of energy efficient building materials to reduce energy use. Besides u~ ing the above techniques, the project development will also include utilization of energy efj?cient building materials for construction in order to reduce energy use. Conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features. Discussion: The Specific Plan will conserve open space areas for a balance of recreation, scenic enjoymen and pratectzon of natural resources and features by including clustered housing as part oY its land use proposal, and by dedicating substantial areas of open space as FEBRUARY 200~ 32 OPEN SPACE / CONSERVATION ELEMENT community park, mini parks, arroyo park, lake, lake park, pasco park, and extensive paseos and trail syster~ Policies 5.1 Pursue the conservation of the western and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence, and other important landforms and historic landscape features through the development review process and as a condition of project approval. This policy is not applicable because it is a City directed policy. 5.2 Identify significant viewsbeds to proposed projects that may be preserved through the dedication of open space or the use of sensitive grading, site design and building techniques. This policy is not applicable because it is a City directed policy. 5.3 Encourage the use of clustered development and other site planning techniques to maximize the preservation of open space. The Harveston Specific Plan includes clustered housing as part of its land use proposals, and it dedicates substantial areas of open space as community park, mini parks, arroyo park, lake, lake park, paseo park, and extensive paseos and trail system. 5.4 Retain and improve the quality of landscaping in parkways, public slopes, fights-of-way, parks, civic facilities and other public open areas. The Design Guidelines Section (10.0) of the Specific Plan includes landscaping guidelines, which proposes landscaping of high standards and quality for the entire site. 5.5 Coordinate with Homeowner's Association to maintain landscaping along slopes adjacent to public right-of-ways. The Harveston Specific Plan includes a maintenance plan (see Figure 12.2) which outlines the future maintenance responsibilities of slopes, roadways and public and private open space and recreational facilities. Landscape sections, which identify maintenance responsibilities, are also included in Section 12.0. 5.6 Coordinate with Homeowner's Associations to maintain landscaping along slopes adjacent to public right-of-ways. The Harveston Specific Plan has dedicated parldand in conformance with the policies and standards of the Park and Recreation Muster Plan of the City of Temecula. The Specific Plan included a maintenance plan, which n~btresses maintenance responsibilities adjacent to Public right-of-way. 5.7 Require adequate open space in new development for both passive and active recreation. FEBRUARY 2001 33 OPEN SPAC CONSERVATION ELEMENT The'~Harv~eston Specific Plan has dedicated adequate amounts of open space for both active an&passive recreation, based on the requirements of the TCSD. 5.8 Require the vegetation of graded slopes concurrent with project development to minimize erofion arid maintain the scenic character of the community. Veg?ation of graded slopes will be required in order to minimize erosion and visual impacts c~oncurrent with project development. 5.9 Require the connection of open space and recreation areas to adjacent developments and publicly 6wned recreation areas where appropriate. The.proposed trad system will connect to the public Community Park which, is part of the Spe~, ific plan area and also to City wide trails and the existing Margarita Park located off- site.! 5.10 Study the~ feasibility of establishing a System of Transferable Development Credits, in conjnncuon with the County, to conserve open space or agricultural uses. Tht~ poh~ ts not apphcable because it is a City directed policy. 5.11 I. nc~rporate~ se~sn:ac baTard safety zones into valley-wide open space and park systems. This policy is not applicable because it is a City directed policy. 5.1:2 Encourage the use of native vegetation where re-vegetation and landscaping is to occur. The',prop?sed plan will utilize native vegetation for the re-vegetation of the Arroyo Park. Goal 6: Pre~erva~on of significant historical and eultncal resources. Discussion:! This, goal] is not applicable because according to the Initial Study (and the City of Temecula General Plan), the site does not contain any sensitive archaeological resources. Although the s ,tu~ found no paleontological sites, project implementation could expose fossils through grading and other development activities. Implementation of EIR mitigation measures~l will ensure that exposure of cultural resources during grading/construction does not bccur. Policies 6.1 FJ~.BRUARY 200~ Ma!ntain]an inventory of areas of sensitive archaeological/paleontological sensitivity in the planning ]area. Accordin~g to the Initial Study (and the City of Temecula General Plan), the site does not contain qny sensitive archaeological resources. The cultural resources study that was preparedl concluded the same. Although paleontological sites were not found on the site, OPEN SPACE / CONSERVATION ELEMENT 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 project implementation could expose fossils through grading and other development activities. Implementation of ElR mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. 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. A cultural resource study was performed evaluating for archaeological resources in conformance with the procedures established in a Memorandum of Agreement with the Easter Information Center at UC Riverside. 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. Although the study found no paleontological sites, project implementation could expose fossils through grading and other development activities. Implementation of EIR mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. Require sites containing significant archaeological or paleontological resources to either preserve identified sites or provide for the professional retrieval of artifacts prior to development. Implementation of the mitigation measures contained in the EIR will ensure that exposure of cultural resources during grading/conservation does not occur. Require that a certified archaeologist and/or paleontologist 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 archaeologist or paleontologist and/or when mandated by state law. Although the cultural resources study performed did not identify any paleontological sites, project implementation could expose fossils through grading and other development activities. Implementation of mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project does not contain historic structures on-site. FEBRUARY 2001 35 p:eooo~o~rcoNusr~cz~oc OPEN SPACE / CONSERVATION ELEMENT 6.10 Nqt applicable because project does not contain historic structures on-site. 6.11 Not applicable because project does not contain historic structures on-site. PrOtecfi~ou of prime agricultural land from premature conversion to urbanized uses. This goal is not applicable because the Harveston Specific Plan site does not contain any pn,me aglricultural land, which would be converted to urbanized uses. Goal 8: A trail system that serves both recreational and t~ansportafion needs. E tscussion: The prop~osed Harveston Specific Plan trail system proposed connections to the City wide trail syster~ It also seeks to create a pedestrian friendly environment where extensive trads ~ btke lanes are provided for ease of access between different planning areas and land uses. Policies 8.1 Pro,vide a City-wide recreation system that connects to the County s regional trail system through ~doption of a Master Plan of Trails that provides for bicycling, equestrian, hiking and~jogging trails and support facilities. Thii poli:? is not applicable because it is a City directed policy. 8.2 Negotiate land deeds as necessary to implement the City-wide trail system Thts, pohcy ts not apphcable because it is a City directed policy. Require proposed development to provide trail connections to the cit~-wide trail system as defamed ~y the Parks and Recreation Master Plan and Master Plan of Trails. The proposed Harveston Specific Plan trail system proposes connections to the City-wide trat! systelm, according to the Parks and Recreation Master Plan and Master Plan of Trails. Require d, evelopment plans to identify locations for an internal trails/sidewalk system that linl~ land uses and provides convenient travel to transit facilities. The. Specific Plan seeks to create a pedestrian friendly environment where extensive trails and bike Ilanes are provided for ease of access between different planning areas and land uses. 8.3 8.4 FEBRUARE 2001 36 OPEN SPACE / CONSERVATION ELEMENT Goal 9: Protection of dark skies from intrusive light sources, which may impact the Palomar Observatory Discussion: The Harveston Specific Plan is located within thirty (30) miles of Mount Palomar Observatory. In order to reduce light and glare impacts to the operations at the Observatory, outdoor lighting will be from Iow-pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizon plane passing through the luminare. Current supplies of electrical service have been strained due to recent de-regulation of the power industry. Recent shortages in generation capacity may require residents and business owners to pay higher costs for electricity or accept limitations required by the utility purveyors during periods of limited supply. The State of California is in the process of addressing this issue, as it is a Statewide and regional issue. Limitations will be resolved as new generating capacity is brought on line over the next few years. The project will be developed in stages and is anticipated to commence construction in early-2001. Policies 9.1 Coordinate with the County of Riverside and California Institute of Technology for Economic Research Purposes to ensure preservation procedures for dark skies axe incorporated into the City development review process. This policy is not applicable because it is a City directed policy. Please see consistency analysis for Goal 9, above._ 9.2 Participate in Palomax Observatory's dark sky conservation areas. The Harvestan Specific Plan is located within thirty (30) miles of Mount Palomar Observatory. In order to reduce light and glare impacts to the operations at the Observatory, outdoor lighting will be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizon plane passing through the luminare. FEBRUARY 2001 37 r:~oo~sm~oz~cos~rr~cr, voc GROWTH VA GEMENT ELEMENT GROWIlt 1M_ANAGEMENT / PUBLIC FACILITIES ELEMEN"r Cooperate mznagement of growth among local governments within Riverside County. Discussion: This goal. is not applicable because it is a City directed goal. However, the Harveston Specific Plan provides ample amounts of open space for the enjoyment of the future residents of the Harvesto~ community as well as the residents of neighboring development anxt the CiO' in general. Also, ~he infrastructure standards have been prepared in coordination with the adjacent ]urisdictibn and property owners to help ensure compatibility. The plan does create unique development st~andards that will maintain the quality of life and the integrity of the proposed devel°pm~nt' l Policies , 1.1 Continue to pa~i~ 'cipate with the Western Riverside Council of Governments in the preparation of plans and program~ addressing regional issues, including the Growth Management Strategy, Comprebelnsive~I Transportation Plan, Water Resources Strategy, and School Facilities Plan. This pollcy is ru~ t applicable because it is a City directed policy. 1.2 Strive to achieve the policies of WRCOG's Growth Management Strategy as appropriate through Temecula. s Grgwth Management Program. This policy is not applicable because it is a City directed policy. 1.3 Assist in the estabhshment of cooperaUve effom to implement development standards, which address quality of hfe ~ssues. The Harv~ston Specific Plan contains ~ensive development standards, which strive to enforce a set of standards that would enhance and maintain a high quality of life for the community residents.' 1.4 S~ive to ~chieve economic growth and prosperity, while preserving natural beauty and the social quality ofilife ~ southwestern Riverside County. The Harveston Specific Plan has been prepared ~n conformance wtth the Ctty of Temecula General plan, ~ as such the goal of the Specific Plan is to introduce a development within the southwestern Riverside County that will achieve economic growth (i.e., IJ2.4 acres oJ' Service Commerce, al pro, posed) and yet preserve the beauty and quality of life in the area (i.e., extensive park and Open space program proposed). 1.5 Encourage or a~stst m the establishment of natural reserves for the preservation of sensitive and ,~ndangered spe~:~ ~es, and to promde open space for residents. The Harveston iSpecific Plan provides ample amounts of open space for the enjoyment of the future residentslof the Harveston community as well as the residents of neighboring developments ,and the City inl general. The plan also includes a lO. 5-acre arroyo park, which will create a riparian habital and preserve the defined U.S. waters creek bed in its natural state. The project 'redo ~ ~a' '' ndang d sp ' st es ot co tn any senstt~ve or e ere ectes. FEBRUARY 20011 38 GROWTH MANAGEMENT ELEMENT 1.6 1.7 1.8 1.9 1.10 Seek to establish ttajnimum compatibility with adjacent jurisdictions for basic development standards related to infrastructure and engineering, while preserving unique zoning and design standards. The Harveston Specific Plan infrastructure standards have been prepared in coordination with the adjacent jurisdiction and properry owners to help ensure compatibility. The plan does create unique development standards that will maintain the quality of life and the integriO' of the proposed development. Establish a joint planning process with the County to plan for furore development in the Sphere of Influence. This policy is not applicable because it is a City directed policy. Establish a joint review process with the County to ensure that proposed projects in the Sphere of Influence can be adequately served in the ,future by the City. This policy is not applicable because it is a City directed policy. Guide the timing and provision of facilities and services to support development and protect or enhance the quality of life. The Harveston Specific Plan proposes a phasing plan of development (see Figure 12.1, Phasing Plan, in Section 12.0, Implementation and Administration) that would ensure provision of facilities and services to support development as the project buildout proceeds. Require development to pay its fair share of the costs of facihties and services required to serve the resulting level of growth. The Harveston Specific Plan will be conditioned to pay Development Impact Fees and other required fees to mitigate its share of impacts on facilities and services that will serve the future growth~ 1. I 1 Pursue joint efforts to achieve fiscal stability for both City and County government. 1.12 This policy is not applicable because it is a City directed policy. Consider options to jointly contract with other jurisdictions for the provisions of services or facilities to achieve economies of scale. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 39 GROWTH MANAGEMENT ELEMENT Goal 2: Orderly and efficient patterns of growth within Temecula that enhance the quality of life for r-~idents. Dtscuss~on: In an effort to enhance the quality of life for residents, the Harveston Specific Plan includes a Mixed U~e Village Center that proposes a mix of uses with an efficient circulation and open space sygterr~ The proposed project also includes a variety of housing types in terms of cost, denstty and destgn to meet the needs of different segments of the populatton. In addtt~on, includes 6omm~ercial uses, which would create jobs locally and regionally, therefore, maintaining a balancq between jobs and houstng opportuntttes. Policies 2.1 Prepare aged implement a Growth Management Program for Temecula. This poliCy is n~t applicable becau*e tt ts a City directed poliCy. 2.2 Ensure ttC~t ph~, lng of public facilities and services occur in such a way that new development is adequatel,y supported as it develops. The Har'~,estan~ Specific Plan proposes a pho*ing plan of develapment (see Figure 12.1, Phasing Plan, Sedtion 12.0, Implementation and Administration) that would ensure provision of facilities and services to! support development as the project buildout proceeds. 2.3 Establish,and maintain level of service standards in order to document adequacy requirements. The Harveston Specific Plan EJR provides an analysis of the project's impacts on levels of service a',nd proposes mitigation to ensure adequate level of service standards are maintained with project implementation. 2.4 Encourage development of Mixed Use Village Centers, as defined in the Land Use and Commumty Design Elements to reduce public service costs and environmental impacts through compatib!e lan~d use relationships, and efX-lcient circulation and open space systems. The Har~,eston] Specific Plan includes a Mixed Use Village Center that proposes a mix of uses wtth an cte c~rculanon and open space ~stem. 2.5 Encourage new development that helps to create and maintain a balance between jobs and housing oppormmt~es. The proposed project {ncludes a variety of housing types in terms of cost, density and design to meet the needs] of different segments of the population. In addition, it includes commercial uses, which would create jobs locally and regionally, therefore, maintaining a balance between jobs and housing opportunities. 2.6 Establish, prioOty growth areas within the City and Sphere of Influence where near-term urbanization will be encouraged. FEBRUARY 2001 40 GROWTH MANAGEMENT ELEMENT 2.7 2.8 This policy is not applicable because it is a City directed policy. Discourage the use of assessment districts that promote urban sprawl and premature urbanization in rural and agricultural areas. This policy is not applicable because it is a City directed policy. Coordinate the Growth Management Program with the Congestion Management Pro.am as necessary. This policy is not applicable becn,,~e it is a City directed policy. Goal 3: Effective and cost efficient sheriff, fire and emergency medial service within the City. Discussion: The Harveston Specific Plan EIR provides an analysis of the project's impacts on police and fire protection levels of service and proposes mitigation to ensure adequate level of service standards is maintained with project implementation. Policies 3.1 Strive to provide a minimum of one full-time officer per 1,000 residents for police protection services. The Harveston Specific Plan EIR provides an analysis of the project's impacts on police protection levels of service and proposes mitigation to ensure adequate level of service standards are maintained with project implementation. 3.2 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. The Harveston Specific Plan EIR provides an analysis of the project's impacts on fire protection levels of service and proposes mitigation to ensure adequate level of service standards are maintained with project implementation. 3.3 Require new development to address fire and police protection in a proactive and preventative way through street design, orientation of entryways, siting of structures, landscaping, lighting and other security features. The Harveston Specific Plan design guidelines and standards (see Section 10.0, Design Guidelines) provide for features listed above that would create a safe and secure environment for the residents. Additionally, the Specific Plan and EIR will be reviewed by police and fire so additional recommendation can be incorporated if necessary. 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. FEBRUARY 2001 41 GROWTH GEMENT ELEMENT This poli~,~ is n,ot. applicable because it is a City directed policy. 3.5 Promote [he establishment of Neighborhood Watch Programs in conjunction with the Sheriffs Department to ~ncrease the surveillance of neighborhoods. I . This poliCy is not apphcable because it is a City directed policy. 3.6 Consider the provision of pohce services by the City if it is more cost effective than contracting with the County of Riverside. This poli~y is ngt applicable because it is a City directed policy. 3.7 Promote community awareness regarding drug use and gangs through the Police Department, Commum~ Se~'wce Department, and public service orgamTaUons. This policy is t applicable because it is a City directed policy. Goal 4: A quality, school system that conmlnn adequate facilities and funding to educate the youth of Temecula. Discussion: The TemeCula ley Unified School District has been actively involved in the Harveston Specific , Plan proc. ess, and a 12.0-acre site has been designated for an elementary school in response to the Distri,ct's r~quest. The School District will be made aware of future legislative land use policy dec. isior~s. The~e will be a need to expand school facilities at all levels to accommodate students from the proposed project. The District anticipates funding the school facilities for the proposed proJeCt from the fees collected through an existing school agreement, with half of the estimate heing~l nded by the State, so long as those funds are available. Policies Provide hiform~tion to the Temecula Valley Unified School district, when considering General Plan amendments specific plans, zone changes or other leg~slaUve land use policy decisions, to support the School district m providing adequate school facilities for students for new development to!the extent permitted by law. 4.1 4.2 The Temecula Valley Unified School District has been actively involved in the Harveston Specific Plan prodess, dnd a 12.0-acre site has been designated for an elementary school in response to the District's request. The School District will be made aware of future legislative land use .policy decision& ' Promote hnd encourage the phasing of project development so that the School district may plan, finance, and construct school facilities intended to serve the development. The prop~osedl project' regardingI the phasmg development. FEBRUARY 20011 applicant is having continual discussions with the School District of the development plan in relation to the timing of the school site 42 GROWTH MANAGEMENT ELEMENT 4.3 4.4 4.5 4.6 Review proposed legislative land use decisions in the context of the adequacy of present and future facilities as permitted by law. The Harveston Specific Plan has been prepared based on the City of Temecula General Plan, and as such adheres to all the requirements of the City and takes into account adequacy of present and future facilities in making land use proposals. 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. The proposed project provides for an extensive system of trails, paseos, and bike lanes. These pedestrian/bicycle circulation systems have been designed through coordination with the City and School District and are consistent with the guidelines and requirements of the City of Temecula. 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. This policy is not applicable because it is a City directed policy. 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. This policy is not applicable because it is a City directed policy. Goal 5: Public and Quasi-public facilities and services which provide for the social, cultural, civic, religious, and recreational needs of the eomm~lity. Discussion: The Harveston Specific Plan provides areas (£e., community park, village green, lake park, club house facility and school) where citizens would come together and participate in community programs. Child care facilities are permitted uses within the Mixed Use Village Center and High-Density Residential areas of the Specific Plan area. Senior citizens centers are permitted uses within the Mixed Use Village Center of the Specific Plan area. Religious institutions and other quasi-public uses are permitted and encouraged within the Mixed Use Overlay Zone. The proposed project encourages promoting such use for the benefit of all the community. Policies 5.1 Acquire a civic center site and construct permanent City Hall facilities when feasible. This policy is not applicable because it is a City directed policy FEBRUARY 2001 43 e..~oo~sj~oz~coNstsrr~cr, ooc GRO'WTH MANAGEMENT ELEMENT 5.2 Continue~ to encourage citizens to participate in community program~ and volunteer for public service p,ositions. The Harveston Specific Plan provides areas O.e., communtry park, club house facthty and school) where ci)zens would come together and participate in community programs. The proposed project enCourages prornonng such acttvtttes for the benefit of all the commumty. 5.3 Evaluate lthe ~feasibility of providing child care facilities in connection with employment- generating uses~. Child case facilities are permitted uses within the Mixed Use Village Center and High Density' Residenti~ areas of the Specific Plan aret~ The proposed project encourages promoting such use for tl~e~ ben'lilt of all the community. Encourage the development of a senior citizens center(s). Senior citizeusI centers are permitted uses within the Mixed Use Village Center of the Specific Plan arei~ ~ proposed project encourages promoting such use for the benefit of all the community. 5.4 5.5 5.6 5.7 5.8 5.9 FEBRUARY 2001 Encourage theI provision of cultural facilities within the community, including: art museums, theaters, !a performing arts center, special exhibitions, an outdoor amphitheater, and Indian Cultural Interp~uve Center. The proposed ]Specific Plan includes an array of uses including, outdoor amphitheater, art displays, loutdo~or exhibition areas, and more. Such uses are permitted and encouraged within this zone. I Encourale theI provision of special recreation facilities such as a stadium, a zoo, and an amusement pa~k. This poliky is Inot applicable because the proposed Harveston Specific Plan does not propose a stadium, a zoo. and an amusement park. Encourage the ~haring or combining of public facilities for educational, cultural, and recreational purposes ito more efficiently utilize public spaces and to provide viable community gathering Multi-purpose facilities, which confirm the above listed uses are permitted and encouraged within th~ Mixed Use Overlay Zone. Encourage the availability of sites for religious institutions and other quasi-public uses in the ili.' ious insti;tions and other uasi ublic uses are permitted and encouraged within the Mixed I g ~ q 'p Use Overlay Zone. Cooperat~ with Riverside County to provide for library facilities and services that are consistent with commnn~ty needs. GROWTH MANAGEMENT ELEMENT .. 5.10 This policy is not applicable because it is a City directed policy. Continue to assist non-profit community organi?ations in terms of £mancial and other forms of support to the extent feasible. This policy is not applicable because it is a City directed policy. Goal 6: A water and wastewater infrastructure development in the Study Area. system that supports existing and future Discussion: The proposed waster and wustewater plans for Harveston Specific Plan area will support furore development in the area. The proposed Harveston Specific Plan area is located within the Rancho California Water District water service are~ The proposed water plan consists of 12- inch and 16-inch backbone pipelines for domestic and fire service to the proposed commercial, residential, and parkland uses. The wastewater flows are proposed to be treated at the Santa Rosa Water Reclamation Plant, which is owned and operated by the RCWD. Sewer from the proposed project area will be directed to the Eastern Municipal Water District sewer system along Santa Gertrudis Creek at two locations. Policies 6.1 Require landowners to demonstrate that an available water supply and sewer txeatment capacity exists or will be provided to serve proposed development, prior to issuance of building permits. Section 5.0, Infrastructure Plan, of the Specific Plan requires that future development provide assurance for provision of adequate water supply and sewer treatment capacity prior to issuance of building permits. 6.2 Requixe landowners, prior to issuance of building permits, to demonstrate that adequate wastewater capacity exists to accommodate the proposed development. Section 5.0, Infrastructure Plan, of the Specific Plan requires that future development provide assurance for provision of adequate wastewater capacity prior to issuance of building permits. 6.3 Coordinate with the water and wastewater districts when considering General Plan amendments, annexations, or development agreements; in order to assist the districts in plarming for adequate capacity to accommodate future growth. The Harveston Specific Plan water and wastewater plans have been prepared in coordination with the appropriate districts. The districts were also contacted for input during the EIR process. 6.4 Coordinate with the wastewater district to make reclaimed water available for irrigation purposes in the City. FEBRUARY 2001 45 p:xzooo~arcosstrr~cr, ooc GROWTH ,MA VA GEMENT ELEMENT The trrtg~atton ?ystem wdl be designed to conform to the State's Water Conservation Assembly Bill 325 and City of Temecula Water Conservation Ordinances in effect. Additionally, the project will utilized reclaimed water, as available, for irrigatiot~ 6.5 Encourage the preparation of a long-term water management program by the District, and assist the Distri~:t wh~re appropriate. The District h~s been contacted for information and requirements during preparation of the utility pla?~ for ihe Harvestan Specific Plat~ The District was also contacted for input during the EIR process. 6.6 Require all new construction of water and sewer infrastructure to be consistent with utility master plans and~to unplement the policies of the General Plan. The Harveston,Specific Plan Section 5.0, Infrastructure Plan, requires all new construction of water anti sewer infrastructure be consistent with the utility master plans and policies of the General Plar~ All water and sewer lines will be designed per EMWD and/or RCWD District requirements. Goal 7: An effective, safe and environmentally compatible flood control system. Discussion: ' I Drainage and flood control facthnes and tmprovements wdl be provided tn accordance wtth the City of T~mecula and the Riverside County Flood Control District requirements. The proposed drainage ~lan ~ ' ' ~ttl~zes the project streets and storm drains to carry storm water to the existing natural d~'ainage courses and to the drainage facilities under the l-I5 freeway. A storm drain system is propo'sed to carry storm water that exceeds surface street capacity. Policies I 7.1 Work with the Riverside County Flood Control District and other agencies involved in the Mumeta CreeLflood control ~mprovements to nnplement a flood control soluuon that maxtrmzes the reten~on ofinamral resources and the provision of recreanon opportumnes along the creek. This policy is n~ t applicable because it is a City directed policy. 7.2 Prepare a~City 6f Temecula Master Drainage Plan, which incorporates the Murrieta Creek Area Drainage iPlan ~nd addmonal planning efforts into one document. This poliCy is not applicable because it is a City directed poliCy. 7.3 Develop maste~ drainage plans, when appropriate, for the Sphere of Influence, in conjunction with the Flood Control District. This poliCyl is nit applicable because it is a CiO, directed poliCy. FEBRUARY 2001 46 ~,:,2oo~m~oz, o~cosstsrr~c~t~: GROWTH MANAGEMENT ELEMENT Goal 8: A solid waste management system that provides for the safe and efficient collection, tran.gportation, recovery and disposal of solid wastes. Discussion: The solid waste produced within the development area will be safely carried to the disposing facilities. Policies 8.1 Coordinate with the County of Riverside to provide and expand service for the collection, storage, transportation, recover, and disposal of solid waste to meet the needs of the City. The proposed project will comply with the City of Temecula and County of Riverside requirements, and it will implement existing collection, storage, transportation, recovery and disposal of solid waste. 8.2 Provide for the collection and disposal of household b~Tardous waste through the adoption of a Household H~Tardous Waste Element. This policy is not applicable because it is a City directed policy. 8.3 Provide for solid waste reduction and recycling within the City through the adoption of a Source Reduction and Recycling Element. This policy is not applicable because it is a City directed policy. Goal 9: Adequate electrical, natural gas, and telecommunication systems to meet the demand of new and existing development. Discussion: Electrical service is currently provided in the area by Southern California Edison Company (SCE). Adequate electric power supply can be provided. Natural gas service is currently provided by Southern California Gas Company. SCG indicates that gas service could be provided to the Specific Plan area in accordance with the Company's policies and extension rules on flle with the California Public Utilities Commission at the time contractual arrangements are made. Policies 9.1 Coordinate with the responsible companies to provide for the continued maintenance, development, and expansion of electricity, natural gas, and telecommunications systems to serve residents and businesses. 9.2 As part of the Specific Plan EIR process, all utilities companies responsible for providing services to the new development were contacted to inquired about the level of service availability and additional requirements. Pursue the undergrounding of utilities along arterial roads, where feasible. The Harveston Specific Plan requires all new utility lines be undergrounded, in conformance with the requirements of the City of Temecula. FEBRUARY 2001 47 PUBLIC SAFE TY ELEMENT PUBLIC SAFETy, ELEMENT Protection from natural b~7~ls associated with geologic instability, seismic events, and flooding.: Discussion: I I, To protect fromm natural hazards associated with geologic instability, seismic events, and .flooding, the Harveston Specific Plan EIR includes a geotechnical investigation that evaluates soils and geologic conditions to determine stability. Also, the Specific Plan and the EIR require that all r~ew dbvelopment onsite comply with the most recent Uniform Building Code seismic design stt~ards. Policies 1.1 Require reviewlof soil and geologic conditions to determine stability prior to project approval. In areas that may have significant geologic constraints, require analysis by a Registered Geotechnical E~gineer. The Harveston Specific Plan EIR includes a geotechnical investigation prepared by a registered geotechni~al e~gineer that evaluates soils and geologic conditions to determine stability. Geotechn~cal re, commendations and mitigation measures will be incorporated as necessary. 1.2 Require ,~utlga~on of potential adverse impacts of geologic and seismic baT~rds, including pound surface i-upture and liquefaction, at the project level .Mitigation measures are proposed and will be enforced at the project level for all identified potervtial ~eol°g ic and seismic hazard impacts. 1.3 Monitor hazardous buildings in Old Town and work with property owners to remediate these 'buildings to imp~rove structural integrity. This poliCy is nbt applicable because the Harveston Specific Plan is not located within the Old Fown, and thts t~s a Ctty directed poliCy. 1.4 Require all new development to comply with the most recent Uniform Building Code seismic design standard~. The proposed Harveston Specific Plan and the EIR will require that all new development onsite comply with thelrnost recent Uniform Building Code seismic design standards. 1.5 Monitor the potential for seismic events and other geologic activity with the County of Riverside ~md Califdmia Division of Mines and Geology. This polic~ is no~ t applicable because it is a City directed poliCy. Additionally, the Specific Plan ,~ut the EJR r~quire tha~ all new development onsite comply with the most recent Uniform Building Code setsm,c design standards. FEBRU.~tRY 2001' 48 PUBLIC SAFETY ELEMENT 1.6 Establish development management techniques to lessen the potential for erosion and landslides. Prior to initial grading, a soils report and geotechnical study will be performed that further analyze onsite soil conditions and slope stability and include appropriate measures to control erosion and landslide (see Sections 8.0, Grading Plan and JO.O, Design Guidelines), 1.7 Prohibit development in the floodway portion of the 100-year floodplain. This policy is not applicable because the project site is not located within the lO0-year floodplain. 1.8 Encourage only compatible uses wit/fin the 100-year floodplain. This policy is not applicable because the project site is not located within the lO0-year floodplain~ 1.9 Minimize the intrusion into and alteration of the 100-year floodplain. This policy is not applicable because the project site is not located within the 100-year floodplair~ Goal 2: Protection of the public and environmental resources from exposure to hazardous materials and waste. Discussion: Based on the results of a Phase I analysis for the site. there are no potential risks associated with hazardous materials. Policies 2.1 Minimize the risks associated with hazardous materials through careful land use planning. The Harveston Specific Plan provides a comprehensive development plan of all land within the Specific Plan area. Land use determination is based on the best and most appropriate use for the land and situatio~ Based on the results of a Phase I analysis for the site, there are no potential risks associated with hazardous materials. Goal 3: A safe and secure community, free from the threat of personal injury and loss of property. Discussion: To build a safe and secure community free from the threat of personal injury and loss of property, the Harveston Specific Plan incorporates defensible space into site plan and building design. The proposed project also provides secondary access points in conformance with the City standards to ensure timely emergency service response. Policies 3.1 Ensure adequate facilities and police and fire service personnel are provided in the City, This policy is not applicable because it is a City directed policy. FEBRUARY 2001 49 PUBLIC SAFETY ELEMENT Continue~ to 3.2 w~rk with the community in operating Neighborhood Watch pro.ams that promote mutual ass~star~ce and cr~me prevention acUvmes among residents. Thts poh~ ts ~t apphcable because it is a City directed policy. 3.3 Reduce the risk of wildland fire through imposition of site-specific development standards during project revtew. This poliCy is n?t applicable because it is a City directed policy. 3.4 Require new de~velopment to incorporate defensible space into site plan and building design. The Harv,eston ~Specific Plan incorporates defensible space into site plan and building design (see Section 10.0 Design Guidelines). 3.5 Require all residential development with 35 or more dwelling units to provide secondary access t~at meets all C~ity standards to ensure timely emergency service response. The pro.t~?sed !project does provide secondary access points in conformance with the City standard~, to ensure timely emergency service response. An effec~ve r ~e~nse of emergency services following a disaster. ~ I This goal is not~ applicable because it is a City directed goal. Goal 4: Policies FEBRUARY 20011 4.1 Provide fbr and maintain a coordinated emergency service response to reduce community risks and prop~,rty d?age in the event of a disaster. This policy is nbt applicable because it is a CiO, directed policy. 4.2 Coordinate emergency response planning with Riverside County and the Federal Emergency Management A~ency. Thts pohc? ts not applicable because it is a CiO, directed policy. 4.3 Encoureg.~ community-wide emergency preparedness among City residents and the business commumty. This policy is ' ' not apphcable because it is a City directed policy. 4.4 Regulate location of critical facilities to ensure their continued functioning following a disaster. Th~s pohcy ts n~ t applicable because it is a City directed policy. 4.5 Establish ~and ~maintain an emergency operations center (EOC) for emergency and disaster situations ~,in a s~fe and secure location. i . This policy is n~t apphcable because it is a Cio' directed policy. 50 NOISE ELEMENT NOISE ELEMENT Goal 1: Land Use planning that provides for the separation of significant noise generators from sensitive receptor areas. Discussion: The design of the Harveston land use plan has taken into account noise factors and has sought to maintain a balance where no significant noise impact would result. There are no significant noise generators included within the Harveston Specific Plan area. The noise emanating from construction activities is considered temporary, however the EIR provides mitigation measures to mitigate this impact. Policies 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. The design of the Harveston land use plan has taken into account noise factors and has sought to maintain a balance where no significant noise impact would result. The EIR provides a detailed impact analysis and mitigation measures, as necessary. 1.2 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. As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including limitations on hours of construction. 1.3 Incorporate noise standards in the Development Code to ensure that residents are not exposed to excessive levels of noise from stationary sources. As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures. The Development Code includes standards that ensure the residents are not exposed to excessive noise levels from stationary sources. 1.4 Require proposed 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. The Harveston Specific design guidelines and development standards require the Service Commercial uses comply with the City noise requirements. 1.5 Work with the school district to relocate the school bus maintenance yard to an area that will not adversely impact sensitive receptors. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 51 r:~oo~sm~,a~coNstsr~c~voc NOISE ELEMENT 1.6 Ensure that current noise h~7~rd areas in the City are identified, quantified, and mapped in a form that is available to dectstonmakers. This policy is not applicable because it is a City. directed policy. .... th noise contour map in the General Plan in the development review prOCess ~to ensure that no~se sensmve land uses are not lOCated near major stationary noise SOurCeS. ! I, Developme, nt of~ the land use plan of the proposed project utilized information from the noise contour map to~ ensure that the noise sensitive land uses are not located near major stationary noise sou,rces. Additionally, as part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including noise standardsI,in th~ Development Code. 1.8 MImm~ze noise conflicts between land uses and the circulation network. The land U, se re'lationships of the Harveston Specific Plan area have been arranged in a manner to minimize any potential noise conflicts between land uses and the circulation network. Addtttonally, a~l part of the Harveston Specific Plan EIR, a norse study was conducted to analyze potential noise impacts and introduce mitigation measures, including noise standard, s in the Developm?tCide. Existing light industrial uses will located next to residential uses in Planning Area No. 1. It shouM be noted that thts wdl not present any conflict, as the side of the existing industrial .building Will beI located at the rear of the residential uses. In addition, an additional landscape buffer hasIbeen included at the rear of these parcels. Goal 2: The consol of noise between land uses. Discussion: As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts ~,and to introduce mitigation measures, including noise standards in the Developm'ent Cbde. PoHcies 2.1 Limit the maximum permitted noise levels which cross property lines and impact adjacent land As part of~ the Harveston Specific Plan EIR, a noise study was conducted to analyze potential ;~otse zmpacts and introduce m~tiganon measures, including noise standards in the Development ,Code. ~ FEBRUARY 2001 52 NOISE ELEMENT Goal 3: Consider noise issues in the pl~nnin~ process. Discussion: The Har~eston Noise Study evaluates potential noise conflicts from project buildout and bused upon identified noise impacts proposes the use of site design and building design techniques, including the use of landscape setbacks or berms, building orientation, and buffering of noise sensitive areas, us a means to minimize noise impacts and/or n,'tclitional mitigation measures as appropriate. Policies 3.1 Establish standards for acceptable limits of noise for various lands use in the City. This policy is not applicable because it is a City directed policy. 3.2 Work with the County of Riverside and the City of Murrieta in minimizing or avoiding conflicts between land use and noise prior to project approvals. This policy is not applicable because it is a City directed policy. 3.3 Encourage the use of site design and building design techniques, including the use of landscape setbacks or berms, building orientation, and buffering of noise sensitive areas, as a means to minimize noise impacts. The Harveston Noise Study evaluates potential noise conflicts from project buildout and bused upon identified noise impacts proposes the above techniques and/or n.4.ditional mitigation measures as appropriate. 3.4 Evaluate potential noise conflicts for individual sites and projects. The Noise Study evaluates potential noise conflicts, and bused upon identified noise impacts proposes mitigation meusures us appropriate. 3.5 Require mitigation of all significant noise impacts as a condition of project approval. The Noise proposes mitigation meusures, us necessary, which will be enforced as conditions of project approval. Goal 4: Minimize noise impacts from transportation noise sources. Discussion: To minimize noise impacts from transportation noise sources the Noise Study in the EIR evaluates the potential noise impacts and proposes mitigation measures as appropriate. Additionally, the proposed Specific Plan has been coordinating efforts with Caltrans and will comply with the requirements set forth by that agency. FEBRUARY 2001 53 NOISE ELEMENT Policies 4.1 Develop program to construct barriers to mitigate sound levels where necessary or where :Feasible to ensule the peace and quiet of the community. The NoiseiStud~l as part of the EIR, evaluates the potential noise impacts and proposes mitigation meusures as app., rapriate, in order to ensure peace and quiet within the community. 4.2 F. nsure the], effe,Ctive enforcement of City, State, and Federal noise standards by all appropriate City Divisions. ' Fhts poh? ts n~t apphcable because it is a City directed policy. 4.3 Enforce the Sl~.~ed limit on arterials and local roads to reduce noise impacts from vehicles, parficuiarly in residential areas. 5~is policy is ru~t applicable because it is a City directed policy. 4.4 Coordinate wi~ Callxans to ensure the inclusion of noise mitigation measures in the design of new higtiwaysI projects or improvements to existing facilities including, interchange improvements along 1-15, widening of SR 79 South, SR 79 North and the proposed Date Street/I- .il5 interchange. !1 ~he proposed S~ecific Plan has been coordinating efforts with Caltrans and will comply with the requireme~nts se~forth by that agency i~he City ~hall participate in the planning and impact assessment activities of the Airport Land Use Commission and other regional or state agencies relative to any proposed expansion of the airport or ~ : ' ' c, hang9 m fl~ght patterns. ,Chts poltc~, ts not applicable because it is a City directed policy. 4.5 FEBRUARY 2001. 54 COMMUNITY DESIGN ELEMENT Am QUALITY ELEMENT Goal 1: Improvement of air quality through proper land use planning in Temecula, Discussion: The Harveston Specific Plan contains a balanced mix of residential and employment opportunities, therefore, reducing vehicle miles traveled. The circulation plan ancl the land use plan have been coordinated to minimize land use conflicts and prevent potential impacts. As part of the EIR document, an Air Quality analysis was conducted to evaluate the air pollutant emissions and introduce mitigation measures, which will be enforced in order to reduce air pollution. Policies 1.1 Encourage new development that provides employment opportunities for residents of Temecula to improve the balance of jobs relative to housing. The Harveston Specific Plan contains a balanced mix of residential and employment opportunities, therefore, reducing vehicle miles traveled. The Specific Plan area contains a service commercial area, and a Mixed Use Village Center, which also includes commercial and retail. 1.2 Encourage in-fill development near activity centers and along transportation corridors. This policy is not applicable because it is a City directed policy. 1.3 Minimize land use conflicts between emission sources and sensitive receptors. The circulation plan and the land use plan have been coordinated to minimized this conflict and prevent potential impacts. 1.4 Reduce air pollutant emissions by mitigating air quality impacts associated with development projects to the greatest extent feasible. As part of the EIR document, an Air Quality analysis was conducted to evaluate the air pollutant emissions and introduce mitigation measures, which will be enforced in order to reduce air pollution. Goal 2: Enhanced mobility to minirni,e air pollutant emissions. Discussion: The Harveston Specific Plan proposes a pedestrian-friendly environment where walking and biking are encouraged through provision of extensive walking trails/paseos and bike lanes that connect different planning areas and uses within the community. To have an efficient flow of traffic, the Specific Plan proposes a hierarchy of streets, in which arterials circumvent the FEBRUARY 2001 55 COMMUNI, TYIDESIGN ELEMENT community, collector roads proceed into the community, and internal neighborhood streets web throughout the netghborhoods. Policies. 2.1 2.2 2.3 2.4 2.5 2.6 Implement transportation demand management techniques to reduce motor vehicle trips, including walking, bicycling, ridesharing, local transit, staggered work schedules and telecommumcauons. The Ha~veston Specific Plan proposes a pedestrian-friendly environment where walking and biking a~,e encouraged through provision of extensive walking trails/paseos and bike lanes that connect different planning areas and uses within the community. MaintainI an qrderly flow of traffic and improve mobility through the use of transportation systems ,management techniques. A Traffid and Circulation Analysts was prepared as part of the EIR, which analyzed the future traffic flow and proposed mtt~ganons to improve the flow. Additionally, the Specific Plan proposes~ a hierarchy of streets, tn which arterials circumvent the community, collector roads proceed lintol the community, and internal neighborhood streets web throughout the neighborhoods. This system allows an efficient flow of traffic. Pursue development of a public transit system including local shuttle and bus routes, and bicycle and pedeiuianItrails that are linked to regional light rail. The Harveston, Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to fadilitate provision of transit service. Coordination and correspondence with the Riversidb Transit Agency was completed as part of the Harveston EIR preparation. All maps will be condi~oned dunng the review stage to ensure compliance. Promote! alternatives to motorized transportation by establishing a convenient and efficient system o,f bicy~cle routes and pedestrian walkways. The pr.o~,osed] Specific Plan introduces a pedestr~n and bicycle friendly environment where extensive~ syst~,ms of trails/paseos and bike lanes are provided for ease of access between different planning areas and uses. Promotelthe use of altemauve clean fueled vehicles for personal and business use. This policy is t applicable because it is a City directed policy. Encourage pr6grams that reduce local traffic congestion at peak hours and during special events. A Traffiq and ~ircalution Analysis was prepared which analyzes circulation in the Specific Plan area ~ its '~potential impact on a larger area during peak hours. The analysis proposes mitigations to Ireduce potential congestion. FEBRUARY 2001 56 COMMUNITY DESIGN ELEMENT Goal 3: Incorporate energy conservation practices and recycling to reduce emlgsions. Discussion: The Harveston Specific Plan requires future developments employ passive solar heating techniques in order to save energy consumption. Passive systems will include orienting buildings properly (£e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, properly insulating walls, ancl incorporating simple heat storage systems, including dual-paned windows. Policies 3.1 Encourage community-wide reductions in energy consumption through conservation. The Harveston Specific Plan encourages future developments employ passive solar heating techniques in order to save energy consumptior~ Passive systems will include orienting buildings properly (i.e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, properly insulating walls, and incorporating simple heat storage systems, including dual-paned windows. 3.2 Promote local recycling of wastes and the use of recycled materials. The Harveston Specific Plan will comply with City of Temecula curb--side recycling programs. Goal 4: Effective coordination of air quality improvement efforts in the Western Riverside area. This goal is not applicable because it is a City, regional, and state agency directed goal. Policies 4.1 Coordinate planning efforts with other local, regional and state agencies, including WRCOG, SCAQMD and SCAG, in their efforts to improve regional air quality. This policy is not applicable because it is a City, regional, and state agency directed policy. 4.2 Encourage participation of local citizens, the business community and interested groups and individuals in air quality planning and implementation efforts. This policy is not applicable because it is a City, regional, and state agency directed policy. 4.3 Promote programs, which educate the public about regional air quality issues. This policy is not applicable because it is a City, regional, and state agency directed policy. FEBRUARY 2001 57 COMMUNITY DESIGN ELEMENT , COMMUNrrY DESIGN ELEMENT Enhancement ',of the City's image related to its regional and natural setting and its tourist orientafibn. Discussion: The proposed Harveston Specific Plan project includes plans for a 13.8-acre Arroyo Park, which will recapture mo e naturalistic California landscape and provide a naturalistic setting for walking, Ihiking, and picnicking, therefore offering a different recreation experience for the residents ~f thei community as well as the City. Additionally, the proposed project offers extensive systems ~,f trdils and open space, which will be connected to different areas within the developrrlent, iAnother feature of the project, .which would be attractive for visitors to the community is the lake connected to other parts of the community through trails. Polities 1.1 Promote the d~velopment of a comprehensive system of wails and open space areas that connect schools, public] recreation areas, residential areas, and commercial centers. The Har~eston~ Specific Plan has incorporated plans for a paseo/trail system that will connect public recreation area, schools, residential areas and commercial areas. 1.2 Promote the de, velopment of a comprehensive system of trails and open space areas that connect schools, publici recreation areas, residential areas, and commercial centers. This poli~cy is I,not applicable because the Harveston Specific Plan area is not located within the Old Town area. 1.3 Develo~ design standards to enhance the visual character of commercial centers that are located adjacent to 1-15. The HarVestoh Specific Plan includes extensive design guidelines (see Section 10.0) and develop~, nt Jtandards (see Section 1LO) that will apply to the whole Specific Plan area (including thel service commercial areas - adjacent to 1-15) and provide unifying elements to 1.4 :~alm~e?e~thce~nm~2m~ty~ntdtyent.and~ty~e;~i~t~n~cechaia~ct~ignedgatewaysignageattheprimary entrances to the City. The Harvestoln Specific Plan proposes entry rnonumentution at the primary, and secondary entrance's to the community to promote an identity for the project area. (See Figures 10.2-10.5, Section !0.0, ?esign *uidelines). 1.5 Maintain and iincorporate natural amenities such as: rock outcroppings, indigenous vegetation, streams and Watercourses into development projects to protect the environment and provide natural landsc~aping, protect views, and to provide recreational opportunities in order to maintain the quality of life. FEBRUARY 2001 58 COMMUNITY DESIGN ELEMENT The proposed project includes plans for a lO. 5-acre Arroyo Park, which will recapture more naturalistic California landscape and provide a naturalistic setting for walking, hiking, and picnicking, therefore offering residents a different recreation experience. Goal 2: Design excellence in site planning, architecture, landscape architecture and signage in new development and modifications to existing development. Discussion: The Harveston Specific Plan introduces consistent an~ unifying design guidelines that would apply throughout the community to tie different elements into a design theme that would reflect the image of the community. The Specific Plan includes flexible design standards for the commercial development that are compatible with standards for other uses in the community, yet create an identity for the commercial development. Additionally, the Harveston Specific Plan proposes entry monumentation at the primary and secondary entrances to the community to promote an identity for the project area. 2.1 Establish and consistently apply design standards and guidelines for resideatial and non- residential development. The Harveston Specific Plan introduces consistent and unifying design guidelines (see Section 10.0) that wouM apply throughout the community to tie different elements into a design theme that would reflect the image of the community. 2.2 Promote a cohesive and integrated pattern of development for large undeveloped areas, by requiring the preparation of Specific Plans. This policy is not applicable because it is a City directed policy. 2.3 Provide development standards to ensm-e higher quality design that is well integrated with the infrastructure and circulation systems. The Harveston Specific Plan as well as the Planning Area Development Standards (see Section 11.0) is compatible and well integrated with other elements in the Specific Plan document. 2.4 Formulate flexible design standards for commercial development that enhances the special identity and visual character of the commercial development. The Specific Plan ind,des flexible design standards for the commercial development that are compatible with standards for other uses in the community, yet create an identity for the commercial development. 2.5 Limit light/glare pollution through design standards for outdoor lighting and the use of low intensity lights. FEBRUARY 2001 59 COMMUNITY DESIGN ELEMENT The Harvqston ~Specific Plan is located within thirty (30) miles of Mount Palomar Obs ry. In order [o reduce any potential impacts from light and glare, outdoor lighting will be from low pressure ~odium lamps that are oriented and shielded to prevent direct illumination above the horizont~ plane passing through luminare. 2.6 Enhance ~the ihdividuality and special visual identity of commercial districts and unified street.scape plans. The £rop~ ~sed plan includes guidelines for different uses within the community and streetscape plans tim seeklto enhance the iru:lividuality and identity of each district and yet unify the whole communil , into a distinct design theme. Preservation and enhancement of the positive qualities of individual districts or neighborhood~.~ Discussion: i goal is not applicable because it pertains to existing older communities, the Although ithis I Specific Plan seeks to create neighborhoods with distinct character, yet tying them with unifying architectural a~d landscape themes. The use of landscaping is an important element in design of the Harv~ston ~,pecific Plan. Landscape features from passive turf areas to group shade arbors and thematic ~nd buffer landscape treatments all play important roles in creating a visually tnterestzng development and red c conflicts between different land uses. The Mixed Use Village Center in the Specific Plan area creates a pedestrian friendly environment where City residents can enjoy~, amer~ities such as plazas, gardens, gathering places, benches, and much more to have a recreational as! well as social experience. Policies I 3.1 Improve ~he appearance of neighborhood areas and the "edge" between neighborhoods through, landscap'mg, lo?lion of open space buffers, and special landscape features. The Ha~estonl Specific Plan provides for special landscaping techniques as buffers between different ~ldnn~ng areas and uses. 3.2 Preserve the scale and character of residential development by creating appropriate transitions between lower Idansity, rural areas, and higher density development. The different lt~:I uses within the Specific Plan are arranged in a manner that creates transitions between different densities and different uses. Special design elements and landscaping achieves this transition. 3.3 Encourage theI use of creative landscape design to create visual interest and reduce conflicts between differ6nt land uses. The use iof landscaping is an important element in design of the Harveston Specific Plan. Landscap, e features from passive turf areas to group shade arbors and thematic and buffer FEBRUARY 200~ 60 ~,:,.n, oo~o'~co~stn'v~t~oc COMMUNITY DESIGN ELEMENT 3.4 landscape treatments all play important roles in creating a visually interesting development and reduce conflicts between different land uses. Improve the pedestrian orientation, convenience and safety of commercial centers through the provision of pedes~an amenities such as benches, plaza areas, information kiosks and other street furniture, and through careful site planning and architectural design. The Mixed Use Village Center in the Specific Plan area creates a pedestrian friendly environment where pedestrians can enjoy amenities such as plazas, gardens, gathering places; benches, and much more to have a recreational as well as social experience. Goal 4: A streetscape system that provides cohesiveness and enhances community image. Discussion: The' sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities. Many of the proposed paseos will meander through the adjacent landscape; generous landscape parkways between roads and sidewalks create a positive image and provides identity for the community. Policies 4.1 Promote the development of a continuous sidewalk and trail system throughout the City. The Harveston Specific Plan includes an extensive system of trails/paseos, bike lanes, and sidewalks that circulate throughout the development and connect to city wide trail systems off- site. 4.2 Formulate a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements. This policy is not applicable because it is a City directed policy. 4.3 Encourage variety in the design of sidewalks and trails, with respect to alig'mrnent and surface materials, to provide a convenient and enjoyable experience for the users. 4.4 The sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities offering users a different recreational experience. Many of the proposed pa~eos will meander through the adjacent landscape. Establish a city-wide street t~ee and median/slope planting program. Section 10.0, Design Guidelines, of the Harveston Specific Plan requires that a detailed landscape program and guidelines for roadways and slopes be prepared by a qualified landscape architect, subject to review by City staff. The landscaping guidelines include a special street tree and median/slope planting progranr The City (TCSD) will maintain all the landscaped medians and LDZ's adjacent to single family residential, on roadways with a 66-foot ROW of larger. The applicant or master developer will be responsible for maintenance of all slopes planting areas until such time as these operations are the responsibility of other parties. FEBRUARY 2001 61 ~:~ooo~t~zaecoNs~sr~c~voc COMMUNITY DESIGN ELEMENT 4.5 Where legible,~require the provision of landscaped parkways between roads and sidewalks. sections contained in Section 10.0, Design Guidelines, of the Specific Plan depict generous landscaped parkways between roads and sidewalks. 4.6 Arterial r~ads ~hould be designed as landscaped parkways that serve as unifying urban design elements. I The Design Guidelines (Section 10.0) of the Specific Plan include a unifying urban design theme .for the arierial ~roads. 4. 7 are approved ~by th~ City's Parks and Recreation Department. Encourage the !use of drought tolerant landscape materials that easy to maintain and are The plant, material selection for common landscape areas for Harveston is presented in a plant palette that is broken down into different types of uses within the Specific Plan area (see Section I0.0, Design GUidelines). The plant material guidelines provide flexibility and diversity in plant material selecffon, while maintaining a limited palette in order to give greater unity and thematic identity tO the Icommunity. The plant palette includes drought tolerant materials and will be subject to apprbval by the City's Community Services Department. 4.8 Establishland enforce weed abatement programs on undeveloped properties and along major arterials, i An effort~ to enforce weed abatement programs along major arterials will be part of the maintena,nce pJ'ogram for roadways identified in Section 10.0, Design Guidelines, of the Specific Plan. Goal 5: Protection of ~ublic views of significant natural features. Discussion: ~ The HarVesto~ features.~ The development. 5.1 Work with thelCounty of Riverside to protect the surrounding hillside areas. ~ ~ tyd This poli]cy is t applicable because it is a Ci irected policy. 5.2 Promote :the d6velopment of mm-outs on scenic roads. This policy is i FEBRUARY 2001 Specific Plan will not impact public views of the surrounding significant natural project site does not include any natural features that would be impacted by the 62 applicable because it is a City directed policy. COMMUNITY DESIGN ELEMENT 5.3 Require the revegetation and maintenance of graded slope areas. The Harveston Specific Plan (see Section 8.0, Grading Plan and 9.0, Landscaping) requires the revegetation and maintenance of graded slope areas. Goal 6: Maintenance and enhancement of the City's public spaces and resources. Discussion: The Harveston Specific Plan promotes public spaces within the development. In areas of high pedestrian activity (£e., .the Mixed Use Village Center) provisions for street furniture and shade trees are included. Outdoor sitting area and plazas are part of the Mixed Use Village Center. In t,rMition, in paseos ~ passive recreation parks, trees and benches are provided for the convenience and comfort of the users. Policies 6.1 Provide for street furniture in areas with high pedestrian activity and provide for shade a'ees in shopping areas. The Design Guidelines of the Specific Plan provides detailed description of roadways, including street furniture and other elements. In areas of high pedestrian activity (i.e., the Mixed Use Village Center) provisions for street furniture and shade trees are included. In addition, in paseos and passive recreation parks, trees and benches are provided for the convenience and comfort of the users. 6.2 Establish improvement plans for ihe City's public spaces and include these plans in the Capital Improvement l~ogram. This policy is not applicable because it is a City directed policy. 6.3 Assure that operating and maintenance costs are adequately provided for public facilities. Section 12.0, Implementation and Administration, of the Specific Plan addresses costs of operating and maintaining public facilities. Additionally, Development Impact Fees, to be paid by the project, will provide for capital improvements. Goal 7: Commul~ty gathering areas, which provide for the social, civic, cultural and recreational needs of the commllnlty. Discussion: The Harveston Specific Plan proposes gathering areas and plazas within the commercial developments (Mixed Use Village Center) that will also accommodate social events. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. Also, mini parks in FEBRUARY 2001 63 ~:uoo~w~z~rcoN~sr~crooc COMMUNITY'DESIGN ELEMENT I ' 7.5 FEBRUARY 2001 addition ito paseos and passive recreational parks and a clubhouse facility are provided througholut theldevelopment where residents will gather for social and recreational activities. Policies 7.1 Encourage the development of pubhc spaces and plazas w~thin commercial developments that can accomm6date ~ultural and social events and function as community gathering areas. The Ha~eston~ Specific Plan proposes gathering areas and plazas within the commercial developments (Mixed Use Village Center) that will accommodate social events. Additionally, the Village Green!creates a public gathering place, which will encourage social interaction and communi'{y activities,~such as concerts or farmers markets. 7.2 Encourage the development of multi-purpose facilities within commercial developments that may be leased!for a~variety of public and private events. The Harveston Specific Plan proposes multi-purpose facilities within the commercial developments {Mixed Use Village Center) that will accommodate public and private events. The Village Club Nill include facilities that can be utilized for events such as weddings. Additionally, uses within th~ Mixed Use Village Center such as church can accommodate public and private events. 7.3 Encourage the:development of a range of uses wihhin commercial developments that provide for day and iveni~g activities. Day andlevenin~ activities are permitted and encouraged within the Mixed Use Village Center and Service Commercial areas. 7.4 Encourage development of common areas and facilities within residential developments to provide glathe~ng areas for social and recreational activities. Mini parks inI ,~ddition to paseos and passive recreational parks and a clubhouse facility are provided throughout the development where residents will gather for social and recreational activitieg. Encourage the~ development of employee lunch areas within the induslxialfousiness park facilities. Some industrial/business park uses are permitted within Planning Are No. 12 of the Specific Plan. While ]the Specific Plan does not expressly require employee lunch areas within the industrialfoaslness park areas, the City's Development Code does. Section 12.1 of the Specific Plan staJes: "~.any development regulation and building req,,uirement not addressed in the Specific Plan sh~l be]subject to the City's adopted regulations. It is anticipated that these employee lunch areas will be provided if these uses are developed. 7.6 Promote! the prows~on of cultural facilities within the community including: art museums, theaters, performing art centers, outdoor amphitheaters, and special cultural exlfibitions. i . The Harveston Specific Plan includes a Village Club where above activities are allowed and encouraged. Additionally, outdoor activities such as exhibitions, outdoor amphitheaters, and public gather ~ng are also permitted in open space areas adjacent to the Mixed Use Village Center. ECONOMIC DEVELOPMENT ELEMENT ECONOMIC DEVELOPMENT ELEMENT Goni 1: Development of a strong base of clean mamffacturing activities which employs a skilled labor force and can be successfully integrated into Temecula's community character. Some clean manufacturing uses are allowed in the Planning Area No. 12 of the Specific Plan. This may contribute to the existing strong base of clean manufacturing activities which employs a skilled labor force. This type of development will also be held to the standards required of other clean manufacturing uses, thereby being successfully integrated into Temecula's community character. Goal 2: Diversification of the economic base to include a range of manufacturing, retail and service activities. Discussion: The Harveston Specific Plan has been designed taking into account the City of Temecula's soc{o- economic patterns, and therefore, will adapt to the City's both short and long-term economic condition~. The proposed project includes plans for retail, service commercial, and other activities that provides a broad selection of high-quality goods and services for residents, workers and tourists. Policies 2.1 Provide for industrial land uses, which facilitate a variety of user types, including manufacturing space, storage and distribution, back-office space, and research and development space. This policy is not applicable because the Harveston Specific Plan does not include industrial and manufacturing uses. 2.2 Plan for land use and development patterns that allow succession of use and will adapt to Temecula's economic conditions. The Harveston Specific Plan has been designed taking into account the City of Temecula's socio- economic patterns, and therefore, will adapt to the City's both short and long-term economic conditions. 2.3 Promote development of properly located and well designed commercial centers to meet the diverse service needs of the City. The Harveston Specific Plan includes plans for well designed commercial centers that will meet the many service needs of the City. The appropriate location of the Service Commercial supports the above policy. 2.4 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. FEBRUARY 2001 65 p:eo~o~o~a~con~sr~czooc ECONOMIC DEVELOPMENT ELF~MENT The propO~sed p~roject includes plans for retail and other acnwt~es that provides a broad selecno of hi~h-a~ali ~nods and ser~ices for residents, workers and tourists 2.5 Use redev~elop ~mCnt powers and opportunities to enhance development opportunities. This poli~ is not applicable because it is a City directed policy. Goal 3: I Maintain an economic base to provide a sound fiscal foundation for the City as well as qnal~ty eommlllllty facilities and high service levels. Discussion: The Harveston iSpecific Plan proposes a broad array of uses ranging from neighborhood retail commercial to ~ervice commercial, residential, recreational and school. The uses are phased in a rnannerl to balance revenue generating land uses with uses that have negative fiscal impacts. The commercial activities provided for within the Specific Plan area will g~eatly help in providing'fisca~ balance, local tax, and employment opportunities. Policies 3.1 Encourage a p~tttern of development that balances revenue generating land uses in phase with other usei that ~have negative fiscal impacts. ~ I The Harv~eston iSpecific Plan proposes a broad array of uses ranging from neighborhood retail commerci~ to ~service commercia], residential, recreational and school. The uses are phased in a manner to balance revenue generating land uses with uses that have negativefiscal impacts. 3.2 Encourag~ thel growth or relocation of industries that generate local tax and employment advantages. I The commercial activities provided for within the Specific Plan area will greatly help in providin~ fisc~ balance, local tax, and employment opportunities. 3.3 Evaluate lfiscal impacts of new development on an ongoing basis and provide appropriate mitigation swatggies. This poliCy is not applicable because it is a City directed policy. 3.4 Take adyantage of Temeeula's regional capture of taxable sales and continue to establish Temecula as retailing center along the Interstate 15 corridor. The HarVeston! Specific Plan contains 112.4 acres of service commercial uses, which will help continue to esthblish Temecula as a retailing center along the Interstate 15 corridor. FEBRL~RY 2001 66 ECONOMIC DEVELOPMENT ELF~MENT Goal 4: Establishment of a diverse education and training and job placement system, which will develop and maintain a high quality work force in Temecula. Discussion: The Harveston Specific Plan proposes learning institutions, such as university extension, a junior college, and learning centers (for elementary through high school) within the Mixed Use Village Center. Po~ci~ 4.1 Support economic development goals through a range of education and training activities. The Harveston Specific Plan supports educational programs and activities that would benefit the residents locally and throughout the City of Temecul~ The Mixed Use Village Center contained in the Specific Plan permitted uses t~. t would allow for different education and training activities and programs. 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. During the development and design of the Harveston Specific Plan, the project's planners have continually been in contact with educational institutions on issues such as phasing of development, service standards and demands. The project's impacts on these institutions have been analyzed in the Environmental Impact Report. The project has been particularly in contact with the School District on the issue of locating a 12.0-acre elementary school within the project site. 4.3 Explore the potential for a comprehensive extension center through UC Riverside and/or the California State University system. The Harveston Specific Plan proposes learning institutions, such as university extension, a junior college, and learning centers (for elementary through high school) within the Mixed Use Village Center. Goal 5: Promote the advantages to businesses of locating in Temecula, including cost advantages, amenities, housing, community activities and civic services. Discussion: The Harveston Specific Plan includes many incentives for businesses locating in Temecula and in the Harveston community. The proposed project provides an array of housing opportunities with varying costs, sizes, and densities, which provide opportunities to different income levels. In addition, it offers diverse amenities, recreation facilities, and open spaces throughout the community, which will appeal to many businesses. FEBRUARY 2001 67 ECONOMIC DEVELOPMENT ELF~MENT 5.1 Develop ahd maintain a marketing program to publicize the virtues of relocating to Temecula. ' This poll? is nqt applicable because it is a City directed policy. 5.2 Monitor the economic conditions in Temecula in comparison to other locations in California and Ihroughout the nauon to determine relauve advantages. 'This policyl is no? applicable because it is a City directed policy. 5.3 Monitor be i · · · supply of housing m relatmn to the supply of jobs in terms of balancing area-wide jobs, housbhold!, worker earnings and housing expenses. This policy is not applicable because it is a City directed policy. 5.4 Monitor e~xzsung businesses in Temecula and identify the elements of a business retention program.! !This policy is not apphcable because it is a City directed policy. Goal 6: Develop ;em~ as a comprehensive, recognizable tourist destination, with a range of attractiofis throughout and beyond the sphere of influence. This goal t~s noti apphcable because it is a City directed goal. PolicieS 6.1 Encourag~ and! enhance cooperative efforts with the wine-making indust~ in the Temecula Valley to ~romote Temecula as a destination resort. Th~s pohcy ts not apphcable because it is a City directed policy. 6.2 Identify cbmmercial recreation, convention and resort activities - including golf-oriented resorts - that ca~~ tak~ advantage of Temecula's character and climate, while complementing wine- making activin,es. This policy is not applicable because it is a City directed policy. Rewtalrze and enhance Old Town to expand zts 6.3 ' ' ~ ' role in local tourism and to improve its attxactiveoess, ~accessibility, and economic vitality. This poli~y is not applicable because it is a City directed policy. 6.4 Enhance the C~ty's image through development of cultural facilities, including performance arts, This poliCY is r FEBRUARY 2001 ot applicable because it is a City directed policy. 68 ATTACHMENT NO. 11 COMMUNITY MANAGEMENT ENHANCEMENT PLAN (CMEP) R:~S PV-larveston SP~PC Docs~ PC STAFFRPT.doc 47 Harveston Community Mobility Enhancement Plan (CMEP) This purpose of the Community Mobility Enhancement Plan (CMEP) is to provide a wide array of options for residents of Harveston to move within their Community, as well as the City of Temecula and other surrounding destinations. Focus has been placed on reducing dependency upon the automobile. The goal is to have a safe, efficient system that provides mobility for people of all ages. Enhanced mobility leads to more personal freedom and increased opportunities for social interaction. Potential options may include: a shuttle system, walking, hiking and jogging paths, bike lanes, ridesharing/carpools, vanpools, school pools, walking school buses, commuter services, appropriately situated land uses (employment and services nearby) and enhanced communications amongst the residents. Shuttle Loops (Private and/or Public) The Harveston Depot is located in the Village Center of the community. Convenient, safe and well- landscaped paths are provided for the residents to get to the Village Center. The Depot is envisioned to be a hub of activity within the community. · Potential shuttle destinations could include the following: · Promenade Mall. · Industrial area of City of Temecula & Murrieta. · Adjacent employment areas. · Day Middle School. · Chaparral High School. · Temecula Sports Park/CRC. · Mt. San Jacinto College. · Senior Center/Old Town. · Post Office. · The Loop Road (transport residents to the school, village, lake/lake park and the Community Park). · City of Temecula Community Functions. · 4th of July Parade/Fireworks. · Festival of Lights Parade (December). · Council & Commission meetings. · A special rate for passes should be considered for Harveston residents. · The coordination of resources will be beneficial to utilizing resources in the most efficient manner. The following agencies and programs should work in conjunction with each other: · Local programs: · RTA. · TVUSD. · Smart Shuttle. · Dial-a-ride. · Resources/funding sources to be explored: · State of California. · Federal programs. · Private (non-project). · Private (project). · Local/regional. · Specific Plan Fig',ure 3.1 (Land Use Plan). This Plan has been designed with clustered units ¢cated in p~oximi~' to Harveston Lake/Lake Park and the Village Center. According to RTA, these densities create tl~e "efficiencies" to support a shuttle system. Multiple paths and tra sead to the Harveston Depot in the Village Center. · Specific P/a'n FigUre 7.4 (Public Transit Plan). This Plan shows existing RTA routes and stops as well as routes and stops proposed within Harveston. RTA has indicated that the shuttle could serve the prbject initially at the Harveston Depot located in the Wllager Center. · Th s component can be marketed to potential buyers. · The program should be promoted with a regular marketing campaign. The mobility of Harveston residents should be made to be fun. In addition, the safety, reliability and conven!ence 0f the systems need to be stressed. The following should be encouraged: · Un!que shuttle design. · Prdmotiohs. · Co~pons,/discount tickets. · Gifts. · ReCognri!on events. A survey should be conducted when residents move in. Find out where they want to go, how often, etc. a~'~d providelthe necessary shuttle services to meet their needs. Walkinq to School Harveston has ,been ~lasigned as a walkable community. Sidewalks, paseos and multi-purpose trails connect all portlons ~f the project. These pathways are well landscaped and vehicular conflicts are reduced to provide safe and convenient routes for walkers. Open-ended cul-de-sacs provide easy access to the L~>op R~)ad Paseo and remove potential obstacles to walkers. Pedestrian friendly short cuts are available thro'ughout the project, including paths to the elementary school. · Create programs to foster walking to the area schools (Harveston Elementary School and Chaparral High School). · Explor~ the p~ssibility to provide incentives for the walkers (i.e., tokens, trading cards, and gift certificates from local businesses). Work this into the school's athletic or fitness programs. · The mbdel his been established: "Walking School Bus" features from "Street Reclaiming" by David Engwic~ht. ' · Create a safe walking environment. · Esiablis;~ a volunteer program, which is coordinated by Harveston's Lifestyle Maintenance Organization (LMO), that schedules parents, elderly, etc. to chaperone the children to and from the elementary school. · Cobrdin~te with the TVUSD to make the crossing @ the Santa Gertrudis Creek safe for th~ students going to and from the high school. A crossing exists at the Margarita Road Bridge a~d there is an entrance from the Creek to the school site. Trails i J The mObility of Harveston residents will also be affected by the extent of the on-site and off-site regional tra s system. As the~e develop, the transportation options will be enhanced. · Bike trail maps can be obtained on-line. · Walking path]maps can be obtained on-line. · Use ca~lming ,devices (i.e., signage) to encourage motorists to drive slowly in heavy pedestrian areas, i · Special Events. · Harveston Hiking Day. · Fund-raising walk-a-thons. · Trail clean-up day. · Specific Plan. · Figure 4.7: Bicycle Plan. This plan has been developed to provide bike lanes and paths within Harveston and ties into existing and planned bike lanes and paths. · Figure 6.1: Open Space and Recreation Plan. This plan illustrates the open space and recreation components of Harveston. Walking paths are abundant throughout the project and connect key open space and recreation components. · City-wide Trails Plan. This Plan is currently being developed. Harveston will serve as a point of origin and destination for those utilizing the City-wide system. Internet/Intranet This will foster communication between the Lifestyle Maintenance Organization (LMO) and the residents, as well as communication between the residents. Programs/Information that should be provided: · Carpooling/ridesharing Information. · Utilize the system to coordinate ridesharing efforts between the residents. Provide incentives for ridesharing. · Have a series of coordinators in the community (similar to a block captain for neighborhood watch). Have the coordinators meet regularly to foster communications and brainstorm to make the system petter. Vanpools may be coordinated at this time. · Have regularly scheduled social events where potential ddeshara candidates can meet each other. Make these fun and festive events. · Have incentives/parties (perhaps Fdday social hour) for those that rideshara 3 or more times within a week. · Schoolpooling Information. Similar to carpooling, but used for coordinating school-aged riders. Emphasis should be placed on trips to Day Middle School, Chaparral High School and Mt. San Jacinto College. · Bike pooling. · Provide. · Maps of bike routes. · Dates and locations for: · Maintenance clinics. · Bike safety clinics. · Bike club meetings. · Use incentives like those provided for carpool/rideshare. · Transit. · Utilize the GPS system that is being developed by RTA to make the shuttle system more efficient to the user. Wire homes with bells or lights to announce that the shuttle will be at the station in 5 minutes. Have interactive kiosks at the transit station and on-line that provides schedules for the shuttle. · Bulletin Boards. These boards can be used for communication between Harveston residents and can be similar to the Community Bulletin Board on Adelphia (Channel 28) or that used at Ladera Ranch (www.laderaranch.com). The Bulletin Boards may identify services, social and employment opportunities, as well as other items that are located within Harveston that could reduce vehicle trips to other portions of the City. I t · Potential applica ions include: · ;Clubs. · ,Orgamzatlons. · iBab~itt~ng. · Daycare (in-home). · lin-home care. · !Empl,oyment Opportunities. · !Excursions. · IPhone numbers and e-mail addresses for businesses that offer home and office Ideliveries. The cost to the business can be minimal. They can include IcoupOns/discounts on-line or revenue can be used for other subsidies or incentives. · ICom~uter Services to employment areas outside of Temecula (i.e., San Diego, Los Ange!es). · Much of thislinformat on can be ncluded in a monthly newsletter provided by the LMO. Uses Within the ,ViIlaqe Center By encouraging land focusing marketing efforts on certain types of uses within the Village Center, Citywide mobilitY) is enhanced by reducing trips outside of the project. Potential uses to be rigorously recruited include! · Contract Postal units. · Cafes. I · Day Carp. · Religious institutions. · Semor Housing. · Other convenience uses that keep trips within the project. · Specific Plan Sectlon 11.4.5 (Mixed Use Oveday Zone) Permitted/Conditionally Permitted Uses Matrix. Public Education' · The benefits of these programs need to be expressed and understood by the public. · Benefits~include: · Imp,rovedlmobility. · Transportation options. · Hea, lth benefits (exercise). · Air Qualit~ benefits. · Increased time for parents (no need to drive everywhere). · ncreased opportunities for soc~a ~nteract~on. · Decreased costs for transportation. · Potential options for educabon ~nclude · Commun'~ty newsletter. · Bullebn Board. · Local newspaper interest stories. · Schools. · Ha~eston walk/shuttle days (wMcentives). · Smart growthA~vable commumt~es example. ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 20, 2001 Planning Application No. 01-0105 (Minor Conditional Use Permit Appeal) Prepared By: Rick Rush, Project Planner RECOMMENDATION: The Director of Planning recommends the Planning Commission: ADOPT a Notice of Exemption for Planning Application No. 01-0105 (Minor Conditional Use Permit) pursuant to Section 15332 of the California Environmental Quality Act Guidelines. 2. ADOPT a Resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA01-0105 (Minor Conditional Use Permit- APPEAL), UPHOLDING THE DIRECTOR OF PLANNING'S DECISION TO APPROVE PLANNING APPLICATION NO. PA01- 0105 THE EXPANSION TO THE TEMECULA VALLEY R.V. TO INCLUDE THE FOLLOWING USES; RECREATIONAL VEHICLE SALES, RENTAL AND STORAGE, BOAT SALES AND STORAGE, AND TRUCK RENTAL LOCATED AT 28897 OLD TOWN FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL #'S 922-110- 018 AND 922-110-019. or, ADOPT a Resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING THE APPEAL OF PLANNING APPLICATION NO. PA01-0105 (Minor Conditional Use Permit- APPEAL), REVERSING THE DECISION OF THE DIRECTOR OF PLANNING'S TO APPROVE PLANNING APPLICATION NO. PA01- 0105 THE EXPANSION TO THE TEMECULA VALLEY R.V. TO INCLUDE THE FOLLOWING USES; RECREATIONAL VEHICLE SALES, RENTAL AND STORAGE, BOAT SALES AND STORAGE, AND TRUCK RENTAL LOCATED AT 28897 OLD TOWN FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL #'S 922-110- 018 AND 922-110-019. R:\C U P~001\01-0105 Temecula ValleyRV MCUPV~opeal Report.doc 1 APPLICATION APPLICANT: PROPOSAL: LOCATION: BACKGROUND: ~IFORMATION paul G. Dohrman, 38321 Shoal Creek Road, rvbrrieta, CA 92562 An Appeal of the Director of Planning's Decision to approve Planning ,~,pplication No. PA01-0105, a Minor Conditional Use Permit for Temecula ~/alley R.V. At 28897 Old Town Front Street. The developmen~ application was submitted to the Planning Department on March 2, 2001. A Development Re~,iew Committee Meeting was held on March 22, 2001, and the project was deemed complete on Apr!l 2, 2001. The project was approved at a properly noticed Director's Hearing Meeting on May ~ 0, 2001 A few neighboring property owners attended the public hearing and on May 25, 2001, P~ul G. Dohrman, a private citizen, filed a formal appeal of the Director of Plann ng decision, on this projedt (See Attachment 2) citing concerns Wth the project. DISCU~SION: I At the [~irector's Hearing, the appellant and one other neighboring property owner raised issues regarding the amount bf landscaping proposed for the project, RV storage compatibilib/, and the 10- day public noticing prqcess. The appellant stated that the project should be required to have the minimum require~120°~/o landscap ng for the Service Commercial Zone. The appellant stated that this type of use is not compatible with the surrounding uses. The appellant stated that he d d not feel that a 10-da~, noticing period was adequate for this type of project. After considering the public testimony, the Planning Director approved the project with conditions. Condition of Approval :#11 requires the applicant to install sight-obsc,,u.rLng ne.tting.,alongth,.e so.u!h fence line to pro~,ide ~n adequate screening for the site. Condition ~lz requires [ne applicant [o revise tile landscape! ilan to include 24" box trees of a fast growing variety. APPEAL ANALY, SIS:,. In filing his appeal r(~quest Mr. Dohrman has requested the Planning Commission deny the Conditional Use Permit or amend the landscape plan to adhere to the minimum 20% landscape standards for th~ Service Commercial Zone. A copy of the Appeal application is included as an attachment. Foliowini] is a summaryanalysis of his appeal points and staff's response. Landscaping- "~roje!t does not comply w/th Temecu, la' s minimum required 20% of lot area in landsCaned 'onenI area in SC zone. Applicant s documents, as submitted, indicate approx~'mately 110% of lot area [or total of 6,440 s.f.) of landscaping to be planting. The said 6,440 s.f. includes Jp/anting in the cities four-foot parkway (utility area) adjacent to the frontage sidewalk. ~t is our understanding the credited landscape area must be within the projects boundaries.I If this area is deleted from their tota/ landscape area, they are cons/d,;rably legs than 10%." Staff' s Respon'se: ~Staff reviewed the project using Section 17.08.050S Automobile, Motorcycle and Truck Dealership Landscape Standards. Section lb pertains to street frontages and states "A minimum of twelve feet (12') R:\C U P\2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc I 2 of landscaping shall be provided, measured from the rear of the sidewalk to the display area length and shall be surrounded by Iow growing shrubs, groundcover and turf." As proposed project meets and exceeds these landscape requirements. Setback- ~ Project does not comply with Temecula' s minimum street frontage setback requirements for development in a SC zone." Staff' s Response: Setbacks relate to the horizontal distance between the property line and any structure. The project is not proposing any structures; hence minimum setbacks would not apply to this project. Storage Location- "During one of our discussions regarding the project with the applicant, they stated RV sales are not their primary business and what sales they do are basically confined to used RV' s and RV' s on consignment. It is my understanding that the project as approved does not establish any designated area exclusively for sales. Consequently, any portion of the project area can be used as truck rental, RV or boat storage yard, including the street frontage. Temecula's Commercial/Office/Industrial Performance Standards specifically sets guidelines under Site Planning and Design that define various methods to screen storage yards, with various architectural designs, and applicant should be required to conform to them." Staff' s Response: The site plan approved at the Director' s Hearing clearly identifies R.V display and storage areas. Vehicle storage will be restricted to the rear portion of the site. As conditioned the project storage area of the site will be properly screened from the public right of way. Land Use Compatibility- "The project is not in harmony with the cities south side areas conceptual planfordevelopmentofthisarea. Thisprojects320'frontageonFrontStreetforvehicularstorage is not compatible with the surrounding developments and would not enhance the physical character of the immediate area, and would have a significant impact on property values., Staff' s Response: The project is an expansion to an existing adjacent site and will be compatible with the surrounding uses. It is the opinion of staff that the proposed project will enhance the physical character of the area. Public Notice- "Planning decision to process this as a "Minor Conditional Use Permit", which required only a lO-day notice to the adjacent property owners was very detrimental, because we (the property owners) did not have sufficient time to make a comprehensive evaluation of the impact this project would have on our properties." Staffs Response: The project qualifies under CEQA for a Categorical Exemption under Section 15332 In-Fill Development Projects, Class 32. Ordinances adopted bythe City of Temecula Council require a 10-day noticing for Categorically Exempt projects. R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report,doc 3 ENVIRONMENTAL DETERMINATION The project qual':ifies lunder CEQA for a Categorical Exemption under Section 15332 In-Fill Development Projects Class 32. The project is consistent with the general plan designation and the Service Commer ,~ial zO~ning district. The site is less than five acres and is substantially surrounded by urban uses. The p~roject site has no value for endangered, rare or threatened species. The approval of th~s project w~ll not result ~n any s~gmficant effects to traffic, no~se, air quality, or water. The site ~s curren, tly se~rved by all required utdlbes and pubhc se~ces. RECOMMENDATIONi In cons~denng the~ appeal, the Planning Commission has twa options: | 1. Uphold the D~rector of Planning decision to approve the project and deny the appeal of Planning Application No. PA01-0105. The resolution to deny the appeal is contained in Attachment No~ 1. I 2. Approve t~e AP, peal of Planning Application No. PA01-0105 for the Minor Conditional Use Permit and modify the conditions of approval that will satisfy the appellant's concerns. The resolution,is colntained in Attachment No. 2. Staff believes tha"t the conditions of approval adequately address the appellant's concern to the extent that C~ty or, d~nances permit, and staff recommends that the Planning Commission deny the appeal and uphold the~, Director's approval as conditioned. Attachments: 4. 5. 6. 7. Planning Commission Resolution No. 2001- - To Deny the Appeal of PA01-0105 - Blue Page 5 I - Exhibit A ~ B u& Page 9 Planning Commission Resolution No. 2001-_ - To Approve the Appeal of PA01-0105 - Page 10 ~ ~ E-'.xhibit A ~- Blub Page 15 Appeal oflthe Director of Planning Decision - Blue Page 16 Staff Rep,orr toithe Director of Planning dated May 10, 2001 - Blue Page 17 Minutes of the Director of Planning hearing of May 10, 2001 -Blue Page 19 Conditions of ~pproval dated May 10, 2001 for PA01-0105 - Blue Page 20 Exhibits -.Blue ?age 21 A. Vicinity .Map EL Zo.'ning Map C. General Plan r). si~e Plain E.'.. Gr'adin~ Plan F:. Landsc_~pe Plan Apphcant correspondence rece ,,ed June 13, 2001 -Blue Page 27 R:\C U P~301\01-0105 Teme, ~Jla ValleyRV MCUP~Appeal Report.doc ~ 4 ATrACHMENT NO. 1 PLANNING COMMISSION RESOLUTION NO. 2001- TO DENY THE APPEAL OF PA01-0105 (Minor Conditional Use Permit - APPEAL) R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 5 ATTACHMENT NO. 1 RESOLUTION NO. 2001-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA01-0105 (Minor Conditional Use Permit- APPEAL), UPHOLDING THE DIRECTOR OF PLANNING'S DECISION TO APPROVE PLANNING APPLICATION NO. PA01- 0105 THE EXPANSION TO THE TEMECULA VALLEY R.V. TO INCLUDE THE FOLLOWING USES; RECREATIONAL VEHICLE SALES, RENTAL AND STORAGE, BOAT SALES AND STORAGE, AND TRUCK RENTAL LOCATED AT 28897 OLD TOWN FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL #'S 922-110- 018 AND 922-110-019. WHEREAS, Temecula Valley R.V., initiated Planning Application No. PA01-0105 (Minor Conditional Use Permit), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA01-0105 (Minor Conditional Use Permit) was processed including, but not limited to public notice, in the timely manner prescribed by State and local law; WHEREAS, notice of the proposed Extension of Time was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; WHEREAS, the Director of Planning considered Planning Application No. PA01-0105 (Minor Conditional Use Permit) on May 10, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Director's hearing and after due consideration of the testimony, the Director approved PA01-0105 (Minor Conditional Use Permit); WHEREAS, an Appeal was filed on May 25, 2001 requesting that Planning Application No, PA01-0105 (Minor Conditional Use Permit-Appeal) be brought before the Planning Commission for their consideration; WHEREAS, the Planning Commission received a copy of the Director's Headng proceedings and Staff Reports regarding Planning Application No. PA01-0105 (Minor Conditional Use Permit); and, WHEREAS, the Planning Commission conducted a public hearing pertaining to Planning Application No. PA01-0105 (Minor Conditional Use Permit- Appeal) on June 20, 2001, at which time interested persons had an opportunity to, and did testify either in support or opposition to Planning Application No. PA01-0105; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission voted to deny the appeal of Planning Application No. 01-0105 (Minor Conditional Use Permit- Appeal) upholding the Director of Planning's approval as conditioned; R:~C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 6 NOW, THEREEORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1:. That the above recitations are true and correct and are hereby incorporated by reference. ,<~ection Z. F ndinqs. The Planning Commission, in approving Planning Application No. 01- 0105 herby make~ the ~ollowing findings as required by Section 17.04.010.E of the City of Temecula Municipal Code: F NDINGS- CONDITIONAL USE PERMIT A. THe proposed conditional use is consistent with the General Plan. The project has been reviewed fdr consistency with this document and Staff has determined that the project, as conditioned, is cdnsistent with the goals and policies contained within the General Plan. B. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses within this area, and the proposed use, as conditioned, will not adversely affect the adjacent uses, buildings, or structures. The conditional use is compatible with the City's Develo~)men~t Code and the other actNities approved in this area. C. Tl~e site] for the proposed use is adequate in size and shape to accommodate the project. Staff h~s reviewed the project and has determined that the project, as conditioned, comphe:s w~th the requ rements of the prewously approve site plan for Temecula Valley RV and the Ci~s Service Cdmmei"cial Zone. D. The nature of the proposed conditiona use is not detrimental to the health, safety and general welfare ~f the community. The project is consistent with the goals and policies contained within the G~neral Plan and Development Code. These documents were adopted by the City Council to assurelthat projects are not detrimental to the health, safety and general welfare of the community, iComP, lance with them assures that this end result is achieved. F. The decision to approve the application for a conditional use permit is based on substantial evidence ih view of the record as a whole before the Planning Director at the time of his/her decision. I This application has been brought before the Director's Hearing at a Public Hearing where rflembers of the community have had an opportunity to be heard on this matter before the D~rector renders her decision. :Section 3. F n~inqs. The Planning Commission, in approving Planning Application No. 01- 0105 herby makes the;following findings as required by Section 17.05.010.F of the City of Temecula Municipal Code: , ] FINDINGS- DEV~ELOPMENT PLAN A. The proposed conditional use is in conformance with the General Plan and all app cable requirements of state law and the Development Code. The project has been reviewed for consistency with', these documents and Staff has determined that the project, as conditioned, is consistent with the goals and policies contained within the General Plan and the Development Code, R:\C U P~:~001\01-0105 Temecu[a Va[[eyRV MCUP~Appea Repod.doc 7 B. The overall development of the land was designed for the protection of public health, safety and general welfare of the community. The overall development is consistent with the goals and policies contained within the General Plan and Development Code. These documents were adopted by the City Council to assure that projects are not detrimental to the health, safety and general welfare of the community. Compliance with them assures that this end result is achieved. Section 4. Environmental Compliance. A Notice of Exemption for Planning Application No. 01- 0105 was made per the California Environmental Quality Act Guidelines Section 15332 (In-Fill Development Projects, Class 32). '~is project is an in-fill development and it meets the following criteria: · The site is 2.42 acres, which is less than the 5 acres required. · The proposed development is consistent with the existing development in the area. · The site has no value as a habitat for endangered, rare, or threatened species. · The site will be adequately served by public utilities and services. Section 5. Conditions. That the City of Temecula Planning Commission, in denying the Appeal, hereby approves Planning Application No. 01-0105 for the expansion to the Temecula Valley R.V. to include the following uses; Recreational Vehicle sales, rental, and storage, boat sales and storage, and truck rental. '~e Conditions of Approval are contained in Exhibit A. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of June 2001. ATTEST: Ron Guerriero, Chairperson Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss City of Temecula ) I, Debbie U bnoske, Secretary of the Temecula Planning Commission, do hereby certi~ that PC Resolution No. 01- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2"d day of May, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\C U P~001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 8 EXHIBIT A PLANNING APPLICATION NO. PA01-0105 MINOR CONDITIONAL USE PERMIT MAY 10, 2001 CONDITIONS OF APPROVAL R:\C U P~2001\01-0105 Temecula ValJeyRV MCUP~Appeal Report.doc 9 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 01-0105 (Minor Conditional Use Permit) Project Description: Expansion to the Temecula Valley R.V. to include the following uses Recreational Vehicle sales, rental, storage, boat storage, boat sales, truck rental, and a dump station located at 28897 Old Town Front Street and known as Assessor's Parcel #'s 922-110-018 and 922-110-019. Assessor's Parcel No.: Approval Date: Expiration Date: 922-110-018 and 922-110-019 May 10, 2001 May 10, 2003 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of seventy-eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or R:\C U Px2001\01-0105 Temecula Valley RV MCUPXDH s~affrcport.dq~ cooperate fully; permittee/applicant shall not, thereafter be responsible to indemnify, defend pr. otect; or hold harmless the City, any agency or instrumentality thereof, or any c.f its officers, employees, or agents. Should the applicant fail to timely post the required deposit, ti~e Director may terminate the land use approval without further notice to the applicant. 3. The applicant §hall comply with all conditions of approval for Planning Application No. ~c~6-0132, 8nles.s superseded by these conditions of approval. All these conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. 4. This approval §hall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued tb completion or the beginning of substantial utilization contemplated by this ~pproval. 5. The appliCant Shall comply with their Statement of Operations dated March 2, 2001, on file with ;the Community Development Department - Planning Division, unless superceded by.these conditions of approval. 6. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 7. The permlittee! shall obtain City approval for any modifications or revisions to the approval ~)f this~ Conditional Use Permit. 8. Each of the required parking spaces shall be labeled "Customer and Employee Parking Only." N'o display, storage of ~nventory or storage of items being repaired shall be allowed in anylof the required parking areas. 9. All parkin, g lot, lights and other exterior lighting shall be shown on electrical plans .submitted to the Department of Building and Safety for plan check approval and shall comply with th~ requirements of Riverside County Ordinance No. 655. 10. I.andscap~ng Shall substantially conform to the approved Exhibit "F" (Landscape Plan). Landscaping ifistalled for the project shall be continuously maintained to the reasonable satisfactibn of~.the Director of Planning. If it is determined that the landscaping is not being mfiintaibed, the Director of Planning shall have the authority to require the property ~wne'r to bring the landscaping into conformance with the approved landscape plan. The con, tinued maintenance of all landscaped areas shall be the responsibility of the devel,oper or any successors in interest· 11. The ap. pi?ant shall install sight-obscuring netting along the south fence line for the screening of ohsite storage. 12. The landscaping plan shall be revised to include 24" box trees of a fast growing variety the southern property line. the entire length of to provide adequate screening along Prior to the Issuance of Grading Permits 13. The app!icant shall sign both copies of the final conditions of approval that will be providedi by the Community Development Department - Planning Division staff, and return one sig~ned set to the Community Development Department - Planning Division for their files 14. The apphcant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Co~e (Habitat Conservation) by paying the appropriate fee set forth in that Ordinan(~e or by providing documented evidence that the fees have already been paid. R:\C U P<'.O01\OI-OI05 'Temec~la Valley RV MCUPM)H slaff report.do~ Prior to the issuance Building Permits 15. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). Prior the issuance of Occupancy Permits 16. 17. 18. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. A permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility, shall identify each parking space reserved for the handicapped. The sign shall not be smaller than 70 square inches and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. R:\C U 1%2001\01-0105 Temecula Valley RV MCUP~DH staff report.do~ 19. All of the!fore ~oing conditions shall be complied with prior to occupancy or any use a owed by th~s permit. PUBLIC WORKS,' DEPARTMENT 20. Llnless otherwi'se noted, the Developer at no cost to any Government Agency shall complete ~11 co~nditions. It is understood that the Developer correctly shows on the site plan all e~istin~ and proposed property lines, easements, traveled ways, improvement constraint~ and drainage courses, and their omission may require the project to be resubmitted forlfurther review and revision. General Reqmrements 21. A Gradin~ Permit for either rough and/or precise grading, including all on-site flat work and impr0vembnts, shall be obtained from the Department of Public Works prior to commenc~meqt of any construction outside of the City-maintained street right-of-way. 22. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencbmeqt of any construction within an existing or proposed City right-of-way. 23. All improv~emer~t plans grading plans shall be coordinated for consistency with adjacent projects and e~(isting improvements contiguous to the site and shall be submtted on standard ~4" x 36" City of Temecula Mylar. Prior to Issuanc~ of ~ Grading Permit 24. A copy df the grading, improvement plans, along with supporting hydrologic and hydraulic ~calculat~ons shall be submitted to the Riverside County Flood Control and Water Co0serv~tion District for approval prior to the issuance of any permit, if applicable. 25. A permit Ifromi Riverside County Flood Control and Water Conservation District is rsquired for work within their right-of-way, if applicable. 26. A Gradin~ Plan shall be prepared by a registered Civil Engineer and shall be reviewed ~nd approved bY the Department of Public Works. The grading plan shall include all necessa~ erosion control measures needed to adequately protect adjacent public and private property. 27, The Developerllshall post security and enter into an agreement guaranteeing the grading ~nd erosion control improvements in conformance with applicable City Standards and subject toiappr~val by the Department of Public Works. 28. A Soil Re~ort Shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of!the Department of Public Works with the initial grading plan check. The report sh~ll address all soils conditions of the site, and provide recommendations for the construction ofiengineered structures and pavement sections. ' 29. A Geological !Report shall be prepared by a qualified engineer or geologist and submittedI to t~e Department of Public Works with the initial grading plan check. The report sh~ll ad,tress special study zones and the geological conditions of the site, and shall pro*vide ,. recommendations to mitigate the impact of ground shaking and l[quefactio~n. , 30. ~;he Developer~ shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstreamlof this site. The study shall identify ail existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect th, e priperties and mitigate any impacts. The Developer shall provide any R:\C U l>x2 ~0 \0 -0105 T~emecul~a Valley RV MCUP~DH staff rcport.dc~J upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements. 31. The 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 (NOI) has been filed or the project is shown to be exempt. 32. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Army Corps. Of Engineers b. Department of Fish and Game c. San Diego Regional Water Quality Control Board d. Riverside County Flood Control and Water Conservation District e. Planning Department f. Department of Public Works 33. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 34. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 35. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 36. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code, which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 37. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Streetlights shall be installed along the public streets adjoining the site in accordance with City of Temecula Standard Drawings Nos. 800, 801, 802, and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. e. All street and driveway centertine intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and R:\C U PL2001\01-0105 Temecula Valley RV MCUI~DH staff report.dc~ ad acen,t to driveways to provide for minimum sight distance and visibility. g, Alllconcentrated drainage directed towards the public street shall be conveyed through{under sidewalk drains. 38. 3"he Developer; shall construct the following public improvements in conformance with applicable~, City:Standards and subject to approval by the Director of the Department of Public Wo'rks. i a. Str~eet improvements, whic may include, but not limited to: pavement, curb and gu~er, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate b. Stgrm dra~n facilities c. Se~wer and domestic water systems d. Udder ~rounding of proposed utility distribution lines 39. 'i"heDeve~lope[ shall obtain an easement for ingress and egress over the adjacent property.I Prior to Issuance of a Certificate of Occupancy 40. As deemed necessary by the Department of Public Works, the Developer shall receive written cle~arance from the following agencies: R~ncho!" California Water D~stnct' ' b. Eastern: Municipal Water District c. Riverside County Flood Control and Water Conservation District ~ , cl. D6partrhent of Public Works 41. All public improvements shall be constructed and completed per the approved plans and City standards ~o the satisfaction of the Director of the Department of Public Works. 42. The existing improvements shall be reviewed. Any appurtenance damaged or broken s~hall be iepaired or removed and replaced to the satisfaction of the Director of the Departme, nt of public Works. BUILDING AND SAFETY DEPARTMENT 43. All designI components shall comply with applicable provisions of the 1998 edition of the California~ Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; Californi'a Administrative Code, Title 24 Energy and Disabled Access Regulations and the Teme~ula Municipal Code. 44. Submtt atltimelof plan review, a complete exterior site lighting plan showing compliance with Pal0mar ', Lighting Ordinance No. 655 for the regulation of light pollution. All streethghts and other outdoor lighting shall be shown on electrical plans submitted to the Department of IBuilding and Safety. Any outside lighting shall be hooded and directed so as not to sh~ne',d~rectly upon adjoining property or public rights-of-way. 45. Disabled access from the public way to the main entrance of the buildings is required. The pathi of tr~vel shall meet the California Disabled Access Regulations in terms of (:ross slol~e, tr~vel slope, stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). Provide precise grading plan for plan c~heck ?ubmittal to check for handicap accessibility R:\C U P~200 \01-0105 Temecula Valley RV MCUPXDH staff report.dc9 46. 47. 48. 49. 50. 51. 52. 53. All buildings shall comply with the applicable provisions of the California Disabled Access Regulations effective April 1, 1998. Please note that the existin.q buildin.q and premises will be required to be brought into compliance with current California Disabled Access Re.qulations as published in the 1998 edition of the California Building Code. Provide the proper number of disabled parking spaces located as close as possible to the main entries in accordance with California building Code Table 11B-6. Provide a site plan as requested above which indicates compliance with this. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. Provide electrical plan including Icad calculations and panel schedule for plan review. Provide house-electrical meters at each building for the purpose of providing power for fire alarm systems and exterior lighting. Schematic plumbing plans, electrical plan and Icad calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. Obtain street addresses from the Building Official prior to submittal of plans for plan review. Signage shall be posted conspicuously at the entrant to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 0- 90-04, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m.- 6:30 p.m. No work is permitted on Sunday or Government Holidays 54. Provide an approved precise grading plan for plan check submittal for checking of site- disabled accessibility. FIRE DEPARTMENT 55. 56. 57. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in rome at the time of building, plan submittal. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are not required. (CFC 903.2) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) R:\C U P~O01\Ol-OI05 Temeeula Valley RV MCUP~DH staffrcport.d~c0 58. F'rior to b~ildin construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads arelinst~lled. Temporary Fire Department access roads shall be an all weather surface roi' 80,0,00 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 59. . F'rior to bu~ildin~l final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any port~on of an exterior wall of the building(s). Fire Department access roads shall be an all wea, ther surface designed for 80,000 lbs. GVVV with a minimum AC thickness of .;-)5 feet. (CFC ',sec 902) I , 60. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-foUr (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 61. The gradient fo.r fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 62. Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (i50) [eet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 63. Prior to baildin{] construction, this development shall have two (2) points of access, via all-weath~r surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 64. Prior to issuance of building permits, the developer shall furnish one copy of the water system pl,ans to the F~re Prevention Bureau for approval prior to installation. Plans shall 'l:,e signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature 1block; and conform to hydrant type, location, spacing and minimum fire flow standards'. After the local water company signs the plans, the originals shall be presented, to the Fire Prevention Bureau for signatures. The required water system including !ire hydrants shall be installed and accepted by the appropriate water agency prior to a,ny combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 65. Prior to i'ssuahce of a Certificate of Occupancy or building final, "Blue Reflective r~/larkers" ~hall be insta ed to identify fire hydrant locations. (CFC 901.4.3) 66. Prior to i~suance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a cont'rastiqg color to their background. Commercial, multi-family residential and industrial I buildings shall have a minimum twelve (12) inches numbers with suite numbers ~ mir{imum of six (6) inches in size. All suites shall give a minimum of six (6) inch high" letters and/or numbers on both the front and rear doors. Single-family residences an~l multi-family residential units shall have four (4) inch letters and /or numbers,~as a ,pproved by the Fire Prevention Bureau. (CFC 901.4.4) 67. Prior to ttie issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. T~he Knox-Box shall be ~nstalled a minimum of six (6) feet in height and be located to~ the dght side of the main entrance door. (CFC 902.4) 68. All manu~l an~ electronic gates on required Fire Department access roads or gates obstructin'g Fir? Department building access shall be provided with the Knox Rapid entry system foir em ,ergency access by fire fighting personnel. (CFC 902.4) R:\~ U 1~.00]~0]-0105 Tcm¢cul~ \'~ltcy RV MCUP~DF~ staff rcport.(~J~'] 69. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 70. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special Conditions 71. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 72. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 73. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) TEMECULA COMMUNITY SERVICES DEPARTMENT 74. The property owner or private maintenance association shall maintain all perimeter landscaping and parkways. 75. Class II Bike lanes shall be provided on Front Street and completed in concurrence with road improvements required for this development. If additional streetiights are to be installed, due to this project, the following condition will apply. 76. Prior to issuance of building permits or installation of streetlights, whichever comes first, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said streetlights into the TCSD maintenance program. OTHER AGENCIES 77. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated March 7, 2001, a copy of which is attached. 78. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 19, 2001, a copy of which is attached. R:\C U P~001\01-0105 Temecula Valley RV MCUP~DH staffreport.d~c2 By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of AISprov~al. I further understand that the property shall be maintained in conformance with' these conditions of approval and that any changes I may wish to make to the be subject to Community Development Department approval. project shall "' ~ Applicant's Signature Name printed Date R:\C U PX20()I\01-0105 Temecula, Valley RV MCUP~DH staff report.d~3 ATFACHMENT NO. 2 PLANNING COMMISSION RESOLUTION NO. 2001- TO APPROVE PA01-0105 (MINOR CONDITIONAL USE PERMIT) R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 10 ATrACHMENT NO. 2 RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING THE APPEAL OF PLANNING APPLICATION NO. PA01-0105 (Minor Conditional Use Permit- APPEAL), REVERSING THE DECISION OF THE DIRECTOR OF PLANNING'S TO APPROVE PLANNING APPLICATION NO. PA01- 0105 THE EXPANSION TO THE TEMECULA VALLEY R.V. TO INCLUDE THE FOLLOWING USES; RECREATIONAL VEHICLE SALES, RENTAL AND STORAGE, BOAT SALES AND STORAGE, AND TRUCK RENTAL LOCATED AT 28897 OLD TOWN FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL #'S 922-110- 018 AND 922-110-019. WHEREAS, Temecula Valley R.V., initiated Planning Application No. PA01-0105 (Minor Conditional Use Permit), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA01-0105 (Minor Conditional Use Permit) was processed including, but not limited to public notice, in the timely manner prescribed by State and local law; WHEREAS, notice of the proposed Extension of Time was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; WHEREAS, the Director of Planning considered Planning Application No. PA01-0105 (Minor Conditional Use Permit) on May 10, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Director's hearing and after due consideration of the testimony, the Director approved PA01-0105 (Minor Conditional Use Permit); WHEREAS, an Appeal was filed on May 25, 2001 requesting that Planning Application No. PA01-0105 (Minor Conditional Use Permit- Appeal) be brought before the Planning Commission for their consideration; WHEREAS, the Planning Commission received a copy of the Director's Hearing proceedings and Staff Reports regarding Planning Application No. PA01-0105 (Minor Conditional Use Permit); and, WHEREAS, the Planning Commission conducted a public hearing pertaining to Planning Application No. PA01-0105 (Minor Conditional Use Permit- Appeal) on June 20, 2001, at which time interested persons had an opportunity to, and did testify either in support or opposition to Planning Application No. PA01-0105; R:\C U P~2001\01-0105 Temecula ValleyRV MCUP',Appeal Report.doc 11 WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission voted to approve the appeal of Planning Application No. 01-0105 (Minor Conditional Use Permii -Appeal) amending the Director of Planning's approval as conditioned; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: S;ection 1[ That the above recitations are true and correct and are hereby incorporated by referenc,~. I I ~ Section2 Findinqs. The Planning Commission, in approving Planning Application No. 01- 0105 herby make~ the !ollowing findings as required by Section 17.04.010.E of the City of Temecula Municipal Code: I ~ F NDINGS- CONDITIONAL USE PERMIT A. Thi~ proposed conditional use is consistent with the General Plan. The project has been reviewed for con,sistency with this document and Staff has determined that the project, as conditioned, is consistent with the goals and policies contained within the General Plan. E;. The proPosed cond~bonal use is compatible with the nature, condition, and development of ;~djace~nt uses within this area, and the proposed use, as conditioned, will not adversely affect the adjacent uses, buildings or structures. The conditional use is compatible with the C ty'.,~ Deve ol~men! Code and the other activities approved n th s area. C. Thle site for the proposed use is adequate in size and shape to accommodate the project. Staff ha~s re~;iewed the project.and has determined that the project, as conditioned, complies with the requirements of the previously approved site plan for Temecula Valley RV and the City's Service Commercial Zone. El. Th;9 nat,Ure of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is consistent with the goals and policies contained within tt~e General Plan and Development Code. These documents were adopted bythe City Council to as,sure t~hat projects are not detrimental to the health, safety and general welfare of the community. Comp!lance with them assures that this end result is achieved. E. The dedision to approve the application for a conditional use permit is based on substantial evider~ce in! view of the record as a whole before the Planning Director at the time of his/her decision, i'l'his ~pplication has been brought before the Director's Hearing at a Public Hearing where m~mbe"rs of the community have had an opportunity to be heard on this matter before the DirectOr ren~ers her decision. Sect on 3 Find'in.qs. The Planning Commission, in approving Planning Application No. 01- 0105 herby make~ the following findings as required by Section 17.05.010.F of the City of Temecula Municipal Code: R:\C U P~2001\01-0105',Teme ;c~la ValleyRV MCUP~Appeal Report.doc ~ 12 FINDINGS- DEVELOPMENT PLAN A. The proposed conditional use is in conformance with the General Plan and all applicable requirements of state law and the Development Code. The project has been reviewed for consistency with these documents and Staff has determined that the project, as conditioned, is consistent with the goals and policies contained within the General Plan and the Development Code. B. The overall development of the land was designed for the protection of public health, safety and general welfare of the community. The overall development is consistent with the goals and policies contained within the General Plan and Development Code. These documents were adopted by the City Council to assure that projects ara not detrimental to the health, safety and general welfare of the community. Compliance with them assures that this end result is achieved. Section4. EnvironmentaICompliance. A Notice of Exemption for Planning Application No. 01-0105 was made per the California Environmental Quality Act Guidelines Section 15332 (In-Fill Development Projects, Class 32). This project is an in-fill development and it meets the following criteria: · The site is 2.42 acres, which is less than the 5 acres required. · The proposed development is consistent with the existing development in the area. · The site has no value as a habitat for endangered, rare, or threatened species. · The site will be adequately served by public utilities and services. Section 5. Conditions. That the City of Temecula Planning Commission, in denying the Appeal, hereby approves Planning Application No. 01-0105 for the expansion to the Temecula Valley R.V. to include the following uses; Recreational Vehicle sales, rental, and storage, boat sales and storage, and truck rental. The Conditions of Approval are contained in Exhibit A. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th dayof June 2001. ATTEST: Ron Guerriero, Chairperson Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA COUNTY OF RIVERSIDE City of Temecula ) ) ss ) R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 13 I, Debbie UbnoSke Secretaryof the Temecula Planning Commission, do hereby certifythat PC Resolution No,. 01-i was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of June, 2001, by the following vote: AYES: NOES: ABSEN~F: ABSTAII~I: ,PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\C U P~2001\01-0105'Temec~ula ValleyRV MCUP~Appeal Report.doc 14 EXHIBIT A PLANNING APPLICATION NO. PA01-0105 MINOR CONDITIONAL USE PERMIT - APPEAL CONDITIONS OF APPROVAL R:\C U P~001\01-0105 Temecula ValleyRV MCUPV~peal Report.doc 15 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 01-0105 (Minor Conditional Use Permit) Project Description: Expansion to the Temecula Valley R.V. to include the following uses Recreational Vehicle sales, rental, storage, boat storage, boat sales, truck rental, and a dump station located at 28897 Old Town Front Street and known as Assessor's Parcel #'s 922-110-018 and 922-110-019. Assessor's Parcel No.: Approval Date: Expiration Date: 922-110-018 and 922-110-019 May 10, 2001 May 10, 2003 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of seventy-eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements o The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or R:\C U/~2001\01-0105 Temecula Valley RV MCUP~DH staffrepor~.do4 cooperalte fu!ly, permittee/applicant shall not, thereafter be responsible to indemnify, defend, !protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers,I employees, or agents. Should the applicant fail to timely post the required deposit,i the Director may terminate the land use approval without further notice to the applicant. 3. The apphcant shall comply with all conditions of approval for Planning Application No. 96-0132, unless superseded by these conditions of approval. All these conditions shall be complied ~ith prior to any occupancy or use a owed by th s cond~t ona use perm't 4. This app~rova! shall be used within two (2) years of the approval date; otherwise, it shall become~ null.and void. By use is meant the beginning of substantial construction contemRlated by this approval within the two (2) year period which is thereafter diligently pursuedlto completion or the beginning of substantial utilization contemplated by this approval 5. The appiican{ shall comply with their Statement of Operations dated March 2, 2001, on file witl~ th~ Community Development Department - Planning Division, unless superceded by these conditions of approval. 6. This Condibonal Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development iCode. 7. The permittee shall obtain City approval for any modifications or revisions to the approval,, of th!s Conditional Use Permit. 8. Each of ihe required parking spaces shall be labeled "Customer and Employee Parking Only." No display, storage of inventory or storage of items being repaired shall be allowed ~n any of the required parking areas. 9. All parking 10t lights and other exterior lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply w~th the requirements of Riverside County Ordinance No. 655. 10. Landscal~ing §hall substantially conform to the approved Exhibit "F' (Landscape Plan). Landscal~ing installed for the project shall be continuously maintained to the reasonable satisfacti~)n of, the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property pwner to bring the landscaping into conformance with the approved landscape plan. Th, e continued maintenance of all landscaped areas shall be the responsibility of the devel:oper for any successors in interest. 11. The appiicanti shall install sight-obscuring netting along the south fence line for the screening of ops~te storage. 12. The land~scapipg plan shall be revised to include 24" box trees of a fast growing variety to provide adequate screening along the entire length of the southern property line. Prior to the Issuance of Grading Permits 13. 'The appiicanti shall sign both copies of the final conditions of approval that will be 19rovidedl~by the Community Development Department - Planning Division staff, and return on? signed set to the Community Development Department - Planning Division for their files! 14. 'The appiican~ shall comply with the provisions of Chapter 8.24 of the Temecula Municipa! Code (Habitat Conservation) by paying the appropriate fee set forth in that ~Drd~nance or y providing documented evidence that the fees have already been paid. R:\C U P~001X01-0105 Temecu~a Valley RV MCUP~DH staff rcport.dc~ Prior to the issuance Building Permits 15. Prior 16. 17. 18. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. Th.e plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). the issuance of Occupancy Permits All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to theDirector of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. A permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility, shall identify each parking space reserved for the handicapped. The sign shall not be smaller than 70 square inches and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. R?,C U Pk2~OI\01-0105 Temeeula Valley RV MCUP~DH staff report.d~6 19. All of the, foregoing conditions shall be complied with prior to occupancy or any use allowed by th!s permit. PUBLIC WORK, S DEPARTMENT 20. Unless otherwise noted, the Developer at no cost to any Government Agency shall complet6 all cond~bons. It is understood that the Developer correctly shows on the site plan all ex~stm, g and proposed property lines, easements, traveled ways, improvement constrain~ts and, drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 21. A Grading Permit for either rough and/or precise grading, including all on-site flat work and imp;'ovements, shall be obta ned from the Department of Public Works prior to commen~:eme~nt of any construction outs de of the City-maintained street right-of-way. 22. 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. 23. All ~mpr?eme~nt plans, grading plans shall be coordinated for consistency with adjacent /~rojects ,and existing improvements cont guous to the s te and shall be submitted on standard i24" x 36" City of Temecula Mylar. Prior to IssuanCe of ',a Grading Permit 24. A copy ~f th'e grading, improvement plans, along with supporting hydrologic and hydraulic~ calcUlations shall be submitted to the Riverside County Flood Control and Nater Conservation District for approval prior to the issuance of any permit, if applicable. 25. A permit from Riverside County Flood Contro and Water Conservation District is required !or work wth n the r nght-of-way, ;f app cab e. 26. A Grading; Plan shall be prepared by a registered Civil Engineer and shall be reviewed and apprbved by the Department of Public Works. The grading plan shall include all necessary ero=sion control measures needed to adequately protect adjacent public and private ProPerty. ' The Develope~ shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to~ app!oval by the Department of Public Works. A Soil Re'port Shall be prepared by a registered Soil or Civil Engineer and submitted to the D rector of the Department of Public Works with the initial grading plan check. The report shrill address all soils conditions of the site, and provide recommendations for the construction ofI engineered structures and pavement sections. A Geological ~Report shall be prepared by a qualified engineer or geologist and s.ubmittedl to the Department of Public Works with the initial grading plan check. The report shrill address special study zones and the geological conditions of the site, and shall pro~,ide ', recommendations to mitigate the 'impact of ground shaking and liquefaction' ']'he Develope~ shall have a Drainage Study prepared by a registered Civil Engineer in accordance wi{h City Standards identifying storm water runoff expected from this site and upstream lof this site. The study shall identify all existing or proposed public or private dr,ainag'e facilities intended to discharge this runoff. The study shall also analyze and ~denbfy ~mpacts to downstream propert es and prowde specific recommendations to protect th,e pr?perties and mitigate any impacts. The Developer shall provide any 27. 28. 29. 30. R:\C U 1~20)1~01-0105 Temecul:, Valley RV MCUP'xDH staffreport.do~ upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements. 31. The 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 (NOI) has been filed or the project is shown to be exempt. 32. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Army Corps. Of Engineers b. Department of Fish and Game c. San Diego Regional Water Quality Control Board d. Riverside County Flood Control and Water Conservation District e. Planning Department f. Department of Public Works 33. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 34. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 35. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 36. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code, which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 37. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Streetlights shall be installed along the public streets adjoining the site in accordance with City of Temecula Standard Drawings Nos. 800, 801,802, and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and R:\C U 1~2001~01-0105 Ternecula Valley RV MCUP'~DH staffreport.do~ a~jacent to driveways to provide for minimum sight distance and visibility. g. All concentrated drainage directed towards the public street shall be conveyed through under sidewalk drains. 38. The Developer shall construct the following public improvements in conformance with applicabl~ City Standards and subject to approval by the Director of the Department of Public W6rks. a. Street improvements, which may include, but not limited to: pavement, curb and g.~tter, medians, sidewalks, drive approaches, street lights, signing, striping, tr~ff c s~ gna systems, and other traff c contro dev ces as appropriate b. Siorm drain facilities c. Sewer and domestic water systems d. U~nder ~rounding of proposed utility distribution lines 39. The Developer shall obtain an easement for ingress and egress over the adjacent property, i Prior to Issuance of a Certificate of Occupancy 40. As deembd n~cessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. R~anch0 California Water District , 13. E ster~ Municipal Water District c. Riverside County Flood Control and Water Conservation District d. Department of Public Works 41. All public improvements shall be constructed and completed per the approved plans and City standardsI to the satisfaction of the Director of the Department of Public Works. 42. The exist, lng improvements shall be reviewed. Any appurtenance damaged or broken shall be irepai.red or removed and replaced to the satisfaction of the Director of the Department ofi Public Works. BUILDING AND :SAFETY DEPARTMENT 43. All desigri comPonents shall comply with applicable provisions of the 1998 edition of the California. Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; Ca, lifornia Administrative Code, Title 24 Energy and Disabled Access Regulations and the T~emec~ ula Municipal Code. 44. Submit ai t me of plan review, a complete exterior site lighting plan showing compliance with PalOmar Lighting Ordinance No. 655 for the regulation of light pollution. All streetligh~s and other outdoor ght ng shall be shown on electrical plans submitted to the Departme, nt ofl Building and Safety. Any outside lighting shall be hooded and directed so as not to ~hine directly upon adjoining property or public rights-of-way. 45. Disabled ;,access from the public way to the main entrance of the buildings is required. The path, of travel shall meet the California Disabled Access Regulations in terms of cross slope, tr,avel slope, stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). Provide precise grading plan lor p~an check ~submittal to check for handicap accessibility R:\C U Fx200I\01-0105 Temecu? Valley RV MCUI~DH staff report.da9 46. All buildings shall comply with the applicable provisions of the California Disabled Access Regulations effective April 1, 1998. Please note that the existinq buildinq and premises will be required to be brou,qht into compliance with current California Disabled Access ,Regulations as published in the 1998 edition of the California Building Code. 47. Provide the proper number of disabled parking spaces located as close as possible to the main entries in accordance with California building Code Table 11B-6. Provide a site plan as requested above which indicates compliance with this. 48. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 49. Provide electrical plan including load calculations and panel schedule for plan review. 50. Provide house-electrical meters at each building for the purpose of providing power for fire alarm systems and exterior lighting. 51. Schematic plumbing plans, electrical plan and load calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. 52. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 53. Signage shall be posted conspicuously at the entrant to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 0- 90-04, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m,- 6:30 p.m. No work is permitted on Sunday or Government Holidays 54. Provide an approved precise grading plan for plan check submittal for checking of site- disabled accessibility. FIRE DEPARTMENT 55. 56. 57. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in fome at the time of building, plan submittal. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are not required. (CFC 903.2) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) R:\C U P%2001\01-0105 Temecula Valley RV MCUt~DH smffrepon.dc[~ 58. Prior to !building construction, all locations where structures are to be built shall have approveB temporary Fire Department vehicle access roads for use until permanent roads a~e installed. Temporary Fire Department access roads shall be an all weather surface !or 80,000 lbs. GV~N. (CFC 8704.2 and 902.2.2.2) 59. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. II (CFC sec 902) 60. Fire Department vehicle access roads sha have an unobstructed width of not less than twenty-fgur (24) feet and an unobstructed vert ca c earance of not less than thirteen (13) feet six (,6) inches. (CFC 902.2.2.1) 61. The grad,'ient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.60rdL 99-14) 62. Prior to uilding construction, dead end roadways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accomm6dating fire apparatus. (CFC 902.2.2.4) 63. Prior to I~uilding construction, this development shall have two (2) points of access, via all-weath? su?face roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1 ) 64. Prior to ~ssuance of building permits, the developer shall furnish one copy of the water system p, lans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer contain a Fire Prevention Bureau approval signature,' blodk; and conform to hydrant type, location, spacing and minimum fire flow standards. After the local water company signs the plans, the originals shall be presente~ to the Fire Prevention Bureau for signatures. The required water system including! fire ~ydrants shall be installed and accepted by the appropriate water agency prior to Any combustible building materials being placed on an individual Iot~ (CFC 8704.3, g01.2;2.2 and National Fire Protection Association 24 1-4.1 ) 65. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" sha ibc installed to identify fire hydrant locations. (CFC 901.4.3) 66. Prior to i~suance of a Certificate of Occupancy or building final, approved numbers or addresse's sh~ll be provided on all new and existing buildings in such a position as to be plainly viAible and legible from the street or road fronting the property. Numbers shall be of a contrastipg color to their background. Commercial, multi-family residential and industriali buildings shall have a minimum twelve (12) inches numbers with suite numbers la minimum of six (6) inches in size. All suites shall give a minimum of six (6) inch higl~ letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and /or numbers,~ as al3proved by the Fire Prevention Bureau. (CFC 901.4.4) 67. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provid.'ed. The Knox-Box shall be installed a minimum of six (6) feet in height and be located tO the right side of the main entrance door. (CFC 902.4) I j 68. All manu~l an,d electronic gates on required Fire Department access roads or gates obstructing Fir,e Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) R:\C U PL2001\01-0105 Temecul~ Valley RV MCUP~DH staffreport.d(~ 69. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 70. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special Conditions 71. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 72. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 73. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) TEMECULA COMMUNITY SERVICES DEPARTMENT 74. The property owner or private maintenance association shall maintain all perimeter landscaping and parkways. 75. Class II Bike lanes shall be provided on Front Street and completed in concurrence with road improvements required for this development. If additional streetlights are to be installed, due to this project, the following condition will apply. 76. Prior to issuance of building permits or installation of streetlights, whichever comes first, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said streetlights into the TCSD maintenance program. OTHER AGENCIES 7, The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated March 7, 2001, a copy of which is attached. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 19, 2001, a copy of which is attached. R:\C U P~2.001\01-0105 Temecula Valley RV MCUP~DH staff rcporl.d~2 By placing my ;ignature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance w!th these conditions of approval and that any changes I may wish to make to the project shall be ;subject to Community Development Department approval. Applicant's Sign'ature Name printed Date R:\C U P~20(~1\01-0105 TemeculallValley RV MCUPff)H staff report.dqc3 ATTACHMENT NO. 3 APPEAL OF PLANNING APPLICATION NO. PA01-0105 R:\C U P~.001\01-0105 Temecula ValleyRV MCUPV~ppeal Report.doc 16 ~ 25 01 I0:36a DO.D Dave lopme~t, 714S2990S2 n_,mm Cue Nuam (s) _ aOl-O105 A. pi mpo~qP. ~foKemmt of lay provifiom of tl~ I:)(,veJf~mmt Code, 1. D~v,,'Jqm~.at Az~licado.. 2. A;~x::~ Form. 3, piling B. PAUT. G. ~--~3~1321 Shoal Creek Road M~zrieta, CA m C. ~4~TT~ ~%~ APPRA~ - T[M~ ! ~%~IT 9{)9-677-7753 D. l~OTIC£ 01' APP.-AL · ~ ~y w~ is ~mg ~: Di~ctor Of ~l~j~in9 9r~ing O~ ~di~lona~ Ufle Pe~it to T~la Valley R~, to o~rate RV. trailer, and ~t storage, c~ rental, ~ d~ s~ati~, ~d RV ~le8 on p~ty l~t~ ~ Fret Strut, Temecula. 714~990~2 _1~) Plann~/ng decision to process this as a "Mincr .Ccnditional Use P.~i t". wki~ r~i~ only a l~y ~ice to ~e ad~a~nt D~rty ~era ~s very detri~nta~, b~a13~e we (thm ~rty ~er~) did not have ~fficient ti~ to ~e $ ~hesive evai~ci~ of ~e i~ct this P~j~k ~]d have on ~ ;~) ~je~t is~ not in ~ny wi~ =he Ci=i~ $o~t~ide a=~'s ~ncep=ual plan o9 the] con~ti~ of a~oval they would im~(,~ is ~at said a~licant is in eff~ in the SC lonin9 ar~. ' HaU 25 01 lOt3Ga D&D Developmen% ?~4529905E p.l ADDITIONAL jUSTIFICATIONS TO sUPPORT THE APPE,kL--continu~d from Page 2 ...... 3) Projectdoes n°t c°mply with Temccula's minimum s~eet :~°amg~ setback requiremenm f°r development in a SC Zone. ' 's minimum requir* :120% of lot area ir, landscaped open 4) Project does not comply with Temecum - area i,-I SC Zone. 5) Applicants d°cuments' as subm/~tcd' indicates appr°ximate 'y 10% °f l°t area (°r t°tal °f 6'440 ~'f') of landscaping to be planting. The said 6,440 s.f. includes planting in the Cities lo.ar-foot parkway (utility ar~a) adjacent to the f~ontage sidexvalk. It is ou~ mt~lerstanding the credited landscape ares must be within the projects lot boundaries. If this area is &:leted from their total landscape ar~a, they are considerably less than 10%. 6) This projects 320' froatage on Front Street for vehicular storage is not compatible with the sun'ounding developments and would not enhance the phy,qcal character of the immediate area, and would have a significant impact on proporty values. ADDm'ONAL;.rUSTIFZCATIONS TO SU/~FORT 'l'.S-~ AP~'EAL--oon~z~ued eozn Page 2 ...... ?) Dl~r~g one o:f our d~seussio.l mgarct~n ~J~ ~ ~o aPPI~L ~ ~ RV sales ate no~ ~ ~lr pn~ b~i~eas a~d w~at ~o~ th~ ~ mo b~ianlly ~cnfined to used Rv'a n~ ~V'~ on co~ment] I~ i~ m), unde~ng 2at ~l~vely [~r RV:~les. Co.queerly, R¥ or b~t m~e Yard, lnc~dl~g T~necula's ~omm~bl/O~c~,~al P~o~c S~dards sDec~cal~, ~ts guidcl~n~ ~dtr Site, ~n~g ~d ~cst~ ~at defl~ ~ ~om m~s m ~cn ato~ y~ds, wi~ ~o~ ~ttJ~m~l d~i~, and ap~licmtt H~uuld bu ~u~cd ~o cun/onn ~ Rlczn, ::. C~ity of Temecula ~ (909) 694-6444- - Fax (909) 694-1999 43200 Business Park Ddve · Temecula, California 92590 · Mailing ~cl~: P.O. 8ox 9033 · Ternecula, California 92589-9033 Permit #: 12/30/99 SITE ADDRE~ ~ RECEI] 19o:? ATFACHMENT NO. 4 PLANNING APPLICATION NO. PA01 -0105 STAFF REPORT TO THE DIRECTOR OF PLANNING DATED MAY 10, 2001 R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 17 Director's Hearing May 10, 2001 (Minor Conditional Use Pen"nit) Temecula Valley RV Project Description: Planning Application No. PA01-0105 (Conditional Use Permit) is a request by Temecula Valley RV to expand their existing operation to include RV sales, RV rental, RV storage, boat storage, truck rental and a dump station. The applicant will screen the storage area with a combination of landscaping and an eight (8) foot high chain link fence. The landscape buffer along west portion of the property fronting Old Town Front Street is the most visible landscaped area. The applicant has provided a 12-foot wide planted area that will provide an aesthetically pleasing streetscape along Front Street. The south and east portion of the property will be screened using an 8-foot high fence and Lavender Trumpet Vines. The applicant has made this request in compliance with the City's Development Code, which requires a conditional use permit for Recreational vehicle, trailer and boat storage-exterior yard. The expansion is located at 28897 Old Town Front Street. Site Layout: The front half of the site has been designated for RV display and sales. The rear half of the site will be used for RV storage, boat storage, and miscellaneous storage. The dump station is located at the north end of the second RV display area. The site is laid out to allow internal access from the original site to the expanded site. This internal access will minimize the amount of RV's be moved using Front Street. Environmental: The project qualifies under CEQA for a Categorical Exemption under Section 15332 In-Fill Development Projects, Class 32. The project is consistent with the general plan designation and the Service Commercial zoning district. The site is less than five acres and is substantially surrounded by urban uses. The project site has no value for endangered, rare or threatened species. The approval of this project will not result in any significant effects to traffic, noise, air quality, or water. The site is currently served by all required utilities and public se~ces. Recommendation: Planning Staff recommends that the Planning Director approve Planning Application No. PA01-0105 (Conditional Use Permit) based upon the tndings and the attached Conditions of Approval. This concludes Staff's presentation. Staff is available to answer any questions. R:\C U P~001\01-0105 Temec~Jia ValleyRV MCUP~Appeal Report.doc 18 ATFACHMENT NO. 5 MINUTES OF MAY 10, 2001, DIRECTOR OF PLANNING HEARING R:\C U P~001\01-0105 Temecula Va[ieyRV MCUP',Appeal Report.doc 19 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING DIRECTOR MAY 10, 2001 A regular meeting of the City of Temecula Planning Director was called to order on Thursday, May 10, 2001 at 1:30 PM, at the City of Temecula Main Conference Room, 43200 Business Park Drive, Temecula, California. Director of Planning, Debbie Ubnoske presiding. Also present was Project Planner, Rick Rush, Senior Engineer, Jerry Alegda and Minute Clerk Lesa Riddle. Director of Planning, Debbie Ubnoske opened the public hearing for items not listed on the agenda at 1:35 PM. There were no requests to speak. 1. Planninq Application No. PA01-0105 (Minor Conditional Use Permit), a request to expand Temecula Valley RV, the expansion will include RV sales, rental, storaqe, truck rental and a dump station. Project Planner, Rick Rush presented the star report. Matthew Fagan, 42011 Avenida Vista Ladera, Temecula, CA 92591 spoke on behalf of the applicant. Matthew Fagan advised the Director of Planning that his client, Temecula Valley RV is in agreement with the Conditions of Approval. Paul Dohrman, 38321 Shoal Creek, Murrieta, CA spoke in opposition of the project. Mr. Dohrman brought forth five requests from neighboring property owners to postpone the meeting due to the short notice of the public hearing. Debbie Ubnoske verified with Project Planner Rick Rush that this item was required by CEQA to have a ten day noticing period and was noticed in the proper amount of time for this type of project in accordance with the California Environmental Quality Act. Mr. Dohrman does not feel that there is sufficient landscape at the project. He also feels that RV Storage is not compatable with current neighboring uses. He feels that in the future, this area may become one used car lot alter another. Vince Di Donato, Landscape Architect for the project, 28441 Rancho California Road, Suite G, Temecula, CA verified that the total usage of the lot is approximately 38,919 sq. ft because much of the lot is in a flood plain and considered ~ open space >> and based on that figure, the total landscape covers approximately 40% of the lot. The applicant is using 24 inch box trees and five gallon shrubs and the same type of trees on Front Street to continue the look ofthe street scape. Richard Quaid, 28822 Old Town Front Street, Temecula CA asked how does the new landscaping compare to the current landscape in font ? Mr. DiDonato responded that the newsite will have more landscaping along Front Street. Ms. Ubnoske, Director of Planning closed the public hearing at 1:55 PM Debbie Ubnoske, Director of Planning approved the project subject to the current findings and conditions of approval. Debbie Ubnoske, Director of Planning R:\DIKHEAR\MINUTES\2001 \05-10~) 1 minutes.doc ATTACHMENT NO. 6 CONDITIONS OF APPROVAL DATED MAY 10, 2001 FOR PA01-0105 R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 20 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 01-0105 (Minor Conditional Use Permit) Project Description: Expansion to the Temecula Valley R.V. to include the following uses Recreational Vehicle sales, rental, storage, boat storage, boat sales, truck rental, and a dump station located at 28897 Old Town Front Street and known as Assessor's Parcel #'s 922-110-018 and 922-110-019. Assessor's Parcel No.: Approval Date: Expiration Date: 922-110-018 and 922-110-019 May 10, 2001 May 10, 2003 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of seventy-eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or R:~C U P~2001\01-0105 Temecula Valley RV MCUP~DH staff repon.dq~. cooperate fUlly, permittee/applicant shall not, thereafter be responsible to indemnify, defend,! prote, ct, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit,I] the ,Director may terminate the land use approval without further notice to the applican, t. 3. The ap@llcant shall comply with all conditions of approval for Planning Application No. 96-0132,.unless.. superseded by these conditions of aoorova__ All these conditions shall be corn@ ~ed W~th pr or to any occupancy or use allowed by this conditional use permit. 4. This apl~rovai sha be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemp, latedi by this approval within the two (2) year period which is thereafter diligently pursued!to completion or the beginning of substantial utilization contemplated by this approvals. 5. The applicant sha comply with their Statement of Operations dated March 2, 2001, on file withI, the! Community Development Department - Planning Division, unless superce?d by these conditions of approval. 6. This Conditiohal Use Permit may be revoked pursuant to Section 17.03.080 of the City's DeveloPment Code 7. The permittee shall obtain City approval for any modifications or revisions to the .approval !of this Conditional Use Permit. 8. Each of the r~quired parking spaces shall be labeled "Customer and Employee Parking Only." No display, storage of inventory or storage of items being repaired shall be allowed iB any~of the requ!red parking areas. 9. All parking lot lights and other exterior lighting shall be shown on electrical plans submitted, to the Department of Building and Safety for plan check approval and shall comply with the. requirements of Riverside County Ordinance No. 655. 10. LandscaPing ~hall substantially conform to the approved Exhibit "F" (Landscape Plan). [.andscap?ng in, stalled for the project shall be continuously maintained to the reasonable satisfaction of ithe Director of Planning. If it is determined that the landscaping is not being m~intaihed, the Director of Planning shall have the authority to require the property o~wner~ to bring the landscaping into conformance w th the approved landscape plan. The, continued maintenance of all landscaped areas shall be the responsibility of the develO, per 9r any successors in interest. 11. 3'he applibant ',shall install sight-obscuring netting along the south fence line for the screening!of Ohs're storage. 12. 3"he landsbaping plan shall be revised to nclude 24" box trees of a fast growing variety to providel, adequate screening along the entire length of the southern property line. Prior to the Issuance !of Grading Permits 13. The applibant ~shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one'signed set to the Community Development Department - Planning Division for their files. ! 14. The applicant !shall comply with the provisions of Chapter 8.24 of the Temecula Municipal. ~C°de (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. R:\C U PL2001\01-0105 Temecula Valley RV MCUP~DH staff report.do~ Prior to the issuance Building Permits 15, Throe (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). Prior the issuance of Occupancy Permits 16. 17, 18. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. A permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility, shall identify each parking space reserved for the handicapped. The sign shall not be smaller than 70 square inches and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense, Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. R:\C U PL2001 \01 ~)105 Temecula Valley RV MCUI~DH staff r=port.do~ 19. All of t, he fqregoing conditions shall be complied with prior to occupancy or any use allowe(~ by t~his permit. PUBI.IC WOR?S D~EPARTMENT 20. Unless lothe~rwise noted, the Developer at no cost to any Government Agency shall complete alllconditions. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constralnts ,~n'd drainage courses, and their omission may require the project to be resubm!tted for further review and revision. General Requirements 21. A Gradi~ng Permit for either rough and/or precise grading, including all on-site flat work and imp, rovements, shall be obtained from the Department of Public Works prior to commencementl of any construction outside of the City-maintained street right-of-way. 22. 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. 23. All impr6vement plans, grading plans shall be coordinated for consistency with adjacent projects!and 'existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula Mylar. Prior to Issuan~=e of a Grading Permit 24. A copy !of the grading, improvement plans, along with supporting hydrologic and hydrauli(~ calCulations shall be submitted to the Riverside County Flood Control and Water Conservabon District for approval prior to the issuance of any permit, if applicable. 25. A permit from Riverside County Flood Control and Water Conservation District is required ~for work w~th~n the r r ght-of-way, if applicable. 26. A Grading Plan shall be prepared by a registered Civil Engineer and shatl be reviewed and app!oved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private p,roperty. 27. The Der,eloper shall post security and enter into an agreement guaranteeing the grading ,and erosion control improvements in conformance with applicable City Standards and '.subject to; approval by the Department of Public Works. 28. A Soil R~port ~shall be prepared by a registered Soil or Civil Engineer and submitted to the Director o[ the Department of Public Works with the initial grading plan check. The report shill ad~ress all soils conditions of the site, and provide recommendations for the construction o! engineered structures and pavement sections. 29. A Geological !Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and ..;hall prdvideirecommendations to mitigate the impact of ground shaking and liquefactio,' n. 30. The Dev~loper~ shall have a Drainage Study prepared by a registered Civil Engineer in a~ccordan,ce with City Standards identifying storm water runoff expected from this site and upstream iof this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze a,nd identify impacts to downstream properties and provide specific recommendations to protect thee prbperties and mitigate any impacts. The Developer shall provide any R:\C U PX203I~01-0105 Temecu~ Valley RV MCUP~DH staff report.do~ upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements. 31. The 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 (NOI) has been filed or the project is shown to be exempt. 32. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Army Corps. Of Engineers b. Department of Fish and Game c. San Diego Regional Water Quality Control Board d. Riverside County Flood Control and Water Conservation District e. Planning Department f. Department of Public Works 33. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 34. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 35. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 36. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code, which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 37. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Streetlights shall be installed along the public streets adjoining the site in accordance with City of Temecula Standard Drawings Nos. 800, 801,802, and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and R:\C U IA2001\01d)105 Temecula Valley RV MCUIADH s~aff reporl.do~ ldjacent to driveways to provide for minimum sight distance and visibility. g. ,All concentrated drainage directed towards the public street shall be conveyed through under sidewalk drains. 38. The De,veloper shall construct the following public improvements in conformance with applicab, le City Standards and subject to approval by the Director of the Department of Public Works: I a. S, treet', }mprovements, which may include, but not limited to: pavement, curb and gutter~ medians, sidewalks, drive approaches, street lights, signing, striping, t~affic ~signal systems, and other traffic control devices as appropriate b. Storm,drain facilities c. Sewer and domestic water systems d. U, nder,grounding of proposed utility distribution lines 39. The Developer shall obtain an easement for ingress and egress over the adjacent property.! Prior to Issuance of',a Certificate of Occupancy 40. As deem~ed necessary by the Department of Public Works, the Developer shall receive written cl'earance from the following agencies: a. Rancho Californ a Water District b. E~sterp Municipal Water District c. Riversi'de County Flood Control and Water Conservation District D~ep ,:1. artment of Public Works 41. All publicl~impr0vements shall be constructed and completed per the approved plans and City standardS to the satisfaction of the Director of the Department of Public Works. 42. The exist~ing improvements shall be reviewed. Any appurtenance damaged or broken :shall be repaired or removed and replaced to the satisfaction of the Director of the 13epartmbnt of Public Works. BUILDING ANDiSAFETY DEPARTMENT 43. ,~,11 design cordponents shall comply with applicable provisions of the 1998 edition of the Californi~ Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; Ca, liforn!a Administrative Code, T'~le 24 Energy and Disabled Access Regulations ;~nd the TemeCula Municipal Code. ,'Submit a; time! of plan review, a complete exterior site lighting plan showing compliance wth Pa omar] Light,rig Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of!Building and Safety. Any outside lighting shall be hooded and directed so as not to ?ineI directly upon adjoining property or public rights-of-way. Disabled acceSs from the public way to the main entrance of the buildings is required. The path!of travel shall meet the California Disabled Access Regulations in terms of cross slope, tr~.vel slope, stripping and signage. Provide all details on plans. (California Disabled', Access Regulations effective April 1, 1998). Provide precise grading plan f:~r plan check Submittal to check for handicap accessibility 45. R:\C U Pk2(]01\01-0105 Temeculfi Valley RV MCUF~DH staffreport.do~ 46. All buildings shall comply with the applicable provisions of the California Disabled Access Regulations effective April 1, 1998. Please note that the existinq buildin,q and premises will be required to be brou,qht into compliance with current California Disabled Access Requlations as published in the 1998 edition of the California Building Code. 47. Provide the proper number of disabled parking spaces located as close as possible to the main entries in accordance with California building Code Table 11B-6. Provide a site plan as requested above which indicates compliance with this. 48. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 49. Provide electrical plan including load calculations and panel schedule for plan review. 50. Provide house-electrical meters at each building for the purpose of providing power for fire alarm systems and exterior lighting. 51. Schematic plumbing plans, electrical plan and load calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. 52. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 53. Signage shall be posted conspicuously at the entrant to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 0- 90-04, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m.- 6:30 p.m. No work is permitted on Sunday or Government Holidays 54. Provide an approved precise grading plan for plan check submittal for checking of site- disabled accessibility. FIRE DEPARTMENT 55. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in force at the time of building, plan submittal. 56. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are not required. (CFC 903.2) 57. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) R:\C U FX2001~01-0105 Tcmecula Valley RV MCU~DH staff teport.d~0 58. Prior t¢ building construction, all locations where structures are to be built shall have approve~d temporary Fire Department vehicle access roads for use until permanent roads a~re installed. Temporary Fire Department access roads shall be an all weather surface~for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 59. rior tolbuilding final, all locations where structures are to be built shall have approved Fire Department veh c e access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all w~athe~ surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. I (CFC sec 902) 60. Fire Departm~ent vehicle access roads shall have an unobstructed width of not less than twenty-fgur (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six !6)inC, hes. (CFC 902.2.2.1) 61. The grad~ient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.~ Ord. 99~14) 62. Prior to building construction, dead end roadways and streets in excess of one hundred and fifty ~(150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 63. Prior to building construction, this development shall have two (2) points of access, via all-weath, er su,rface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 64. Prior to ~ssuance of building permits, the developer shall furnish one copy of the water system ~lans io the Fire Prevention Bureau for approval prior to installation. Plans shall be s~gned byi a registered civ eng neer; contain a Fire Prevention Bureau approval signatur~ bloqk and conform to hydrant type, location, spacing and minimum fire flow t ' s andards. After the Ioca water company signs the plans, the originals shall be presente~l to the Fire Prevention Bureau for signatures. The required water system including!fire §ydrants shall be installed and accepted by the appropriate water agency prior to any c~ombustible building materials being placed on an individual lot. (CFC 13704.3, 9.,01.2.2.2 and National Fire Protect on Association 24 1-4.1 ) 65. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Ivlarkers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 66. Prior to issuarlce of a Certificate of Occupancy or building final, approved numbers or addresses. .~. shall~ be provided, on all new and existing buildings in such a position as to be plainly ws~ble and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and i~3dustriall buildings shall have a minimum twelve (12) inches numbers with suite numbers h minimum of six (6) inches in size. All suites shall give a minimum of six (6) inch high~ letters and/or numbers on both the front and rear doors. Single-family residence's an~l multi-family residential units shall have four (4) inch letters and /or numbers, llas a~proved by the F re Prevention Bureau. (CFC 901.4.4) 67. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to~lthe dght side of the main entrance door. (CFC 902.4) 68. All manu~l an~l electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) R:\C U Px20~}l\01-0105 Temeculal Valley RV MCUP',DH staff report dn~ 69. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 70. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC'7901.3 and 8001.3) Special Conditions 71. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 72. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 73. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) TEMECULA COMMUNITY SERVICES DEPARTMENT 74. The property owner or private maintenance association shall maintain all perimeter landscaping and parkways. 75. Class II Bike lanes shall be provided on Front Street and completed in concurrence with road improvements required for this development. If additional streetlights are to be installed, due to this project, the following condition will apply. 76. Prior to issuance of building permits or installation of streetlights, whichever comes first, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said streetlights into the TCSD maintenance program. OTHER AGENCIES 77. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated March 7, 2001, a copy of which is attached. 78. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 19, 2001, a copy of which is attached. R:\C U P~2001\01-0105 Temecula Valley RV MCUP~DH staff report,d~e2 By placing my s~gnature below, I confirm that I have read, understand and accept all the above Conditi'ons of ~pproval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be ~ubject to Community Development Department approval. Apphcant's S~gnature Date Name printed R:\C U P~001\01-0105 Temecula;Valley RV MCUP~,DH s~aff repor~.dcJe3 A'I'rACHMENT NO. 7 EXHIBITS R:\C U P~001\01-0105 Temecula ValleyRV MCUP~.ppeal Report.doc 21 CITY OF TEMECULA Project Site PLANNING APPLICATION NO. 01-0105 (Conditional Use Permit - Appeal) EXHIBIT A Vicinity Map PLANNING COMMISSION DATE - June 20, 2001 R:\C U P~001\01-0105 Temecula ValieyRV MCUP~Appeal Report.doc 22 CITY OF TEMECULA I ; EXHIBIT B -Zoning M~p i DESIGNATION - Service Commemial (SC) EXHIBIT C G,=neralL Plan I DESIGNATION -Service Commercial (SC) PLANNING APPLICATION NO. 01-0105 (Conditional Use Permit - Appeal) PLANNING COMMISSION. DATE- June 20, 2001 R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 23 CITY OF TEMECULA PLANNING APPLICATION NO. 01-0105 (Conditional Use Pen~it - Appeal) EXHIBIT D PLANNING COMMISSION DATE - June 20, 2001 Site Plan R:\C U P~001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 24 CITY OF TEMECULA PLANNING AJ=PLICA,TION NO. 01-0105 (Conditional Use Permit - Appeal) EXHIBIT E PLANNING COMMISSION DATE - June 20, 2001 Grading Plan R;\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 25 CITY OF TEMECULA PREUMINARY FLANT]NG PLAN PLANNING APPLICATION NO. 01-0105 (Conditional Use Permit - Appeal) EXHIBIT F PLANNING COMMISSION DATE - June 20, 2001 Landscape Plan R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 26 ATTACHMENT NO. 8 APPLICANT CORRESPONDENCE RECEIVED JUNE 13, 2001 R:\C U P~2001\01-0105 Temecula ValleyRV MCUP~Appeal Report.doc 27 Temecula Valley RV Chronology · JUN 1 3 7001 This chronology has been developed to list the dates and discussion topics between the owners of Temecula Valley RV, Erik Kitley and Guy Kinsman (owners) and Paul Dohrman and/or Jeff Dohrman regarding the proposed expansion to the existing Temecula Valley RV facility, located at 28897 Old Town Front Street. Approximately 5/2 or 5/3/01 Erik Kitley called and talked with Paul Dorhman after receiving his phone number from the project Planner, Rick Rush. Erik expressed his desire to meet with Mr. Dorhman and let him know that he is willing to hear his concerns and attempt to work to address his issues. Erik invited him to the project site to review the project. Erik recalls that Mr. Dohrman's concerns at that time were storage in the front of the site and the use of chain link at the front of the site, the screening on the south side of the property and the time it would take for the landscape to mature to fully screen the southern portion of the site. Erik indicated that he would increase the number of trees and shrubs along this portion of the project site and offered to have Mr. Dorhman meet with the project landscape architect. Erik also indicated that tubular steel would be the fencing material along the front and a portion of the side (until not visible from the public view). Mr. Dorhman did not come to the site to meet with Erik at this time. 5/4/01 Erik met with Jeff Dorhman (son) at the site. They reviewed the plans and walked the project site. He expressed similar concerns as Paul Dorhman (father), wanting a berm at the entry and an increase from 12' to 18' of a landscape buffer along Old Town FrOnt Street. He also stated that project is not meeting the 20% landscape requirement for the SC Zone per the City's Development Code. Erik indicated that the landscaping as proposed met the City's requirements for those uses that require extensive outdoor display areas (i.e., automobile sales, track sales, boat sales, etc.). Erik also indicated that if the buffer was increased along Old Town Front Street, that the more expensive RV's would be relegated to other portions of the site and the smaller, less aesthetic items would be located in this area. 5/10/01 The Planning Director received testimony from Mr. Dorhman and another interested business owner in the area. Mr. Dorhman raised the issues mentioned above and indicated that the use does not belong in the area. The other individual needed clarification on the landscape percentage requirement for the SC Zone. After hearing the rationale and reviewing the plans, the second individual appeared to be OK with the plan. The Planning Director approved the project. Guy Kinsman called Mr. Dorhman later that afternoon to meet and further discuss his issues. Mr. Dohrman agreed to meet on 5/21/01. 5/21/01 called M~,~. Dohrman Guy meet on 5/24/01. 5/24/01 i, J ' J UN 1 3 '~ because he did not show up for their meeting.'-Th~-~'gree-~d~6'~- - ' The meeting vas postponed to 5/25/01. 5/25/01 Guy met with !Mr. )orhman. He showed him a revised landscape plan that included trees and shrubs tl~at were added per the discussions with Mr. Dohrrnan and Planning Department requirements. Guy indicated that he is willing to work with Mr. Dohrman regarding the ,number, type and location of landscaping. Mr. Dohrman filed an appeal of the Planning D~rector s decision on 5/25/01.