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HomeMy WebLinkAbout060105 PC Agenda .. In 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 (951) 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 II) AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE June 1,2005 - 6:30 P.M. ******** Next in Order: Resolution No. 2005-35 CALL TO ORDER Flag Salute: Commissioner Olhasso Roll Call: . PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not 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 salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. Chiniaeff, Guerriero, Olhasso, Telesio and Mathewson 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 1 Adopt PC Resolution Numbers 2005-24 and 2005-31 Denvinq Planninq Application No. PA05-0060 a Development Plan and Conditional Use Permit for Cassatt Academy. 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. R:IPLANCOMMlAgendas\2005106-0 1-05.doc 2 Minutes RECOMMENDATION: . 2.1 Approve the Minutes of May 4, 2005 2.2 Approve the Minutes of May 18, 2005 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. New Items 3 Planninq Application No. PA05-0091 a Minor Conditional Use Permit and Public Convenience or Necessity, submitted bv Haqop Hofdarali of Rainbow Service Station. Inc., for the sale of beer and wine (Type 20 license, off-sale beer and wine) from an approved . 3.600 square foot mini market and qas station currently under construction, Christine Damko. Assistant Planner. 4 Planninq Application No. PA04-0530 and PA04-0531. a Maior Modification to a Development Plan. submitted bv Benson & Bohl Architects, to construct buildinq facade improvements. chanqe paint colors and modify on site parkinq facilities and a comprehensive amendment to a siqn proqram in association with the existinq Temecula Town Center shoppinq complex. located at the northeast corner of Rancho California Road and Ynez Road. Harmonv Bales. Planninq Technician. 5 Planninq Application No. PA04-0563, a Development Plan. submitted by Matthew Faqan. to construct and operate a 37.173 square foot mixed-use retail/office/restaurant center on 5.6 acres. located on the southwest corner of Overland Drive and Marqarita Road, Stuart Fisk, Associate Planner. 6 Planninq Application No. PA04-0390 and PA04-0392, a Marqarita Villaqe Specific Plan Amendment and Vinyard View Estates Tentative Tract Map No. 23103-2, submitted by Vinyard View Estates LLC, Marwan Younis, includinq a Specific Plan Amendment to Planninq Areas 7 and 9 of the Marqarita Villaqe Specific Plan and Tentative Tract Map No. 23103-2 and includes 18.32 acres that is currently undeveloped. The Specific Plan Amendment is a request to amend the zoninq desiqnation from one-acre minimum to 7.200 square foot minimum in Planninq Area 7. and from one acre to 20,000 square foot minimum in Planninq Area 9. The proposed Specific Plan amendment also includes a request to . chanqe the land use desiqnation in the Marqarita Villaqe Specific Plan from Low Densitv to R:IPLANCOMMlAgendas\2005106-01-05.doc 2 . . . Medium Density in Planninq Area 7. No Specific Plan land use chanQe is proposed for Planninq Area 9. The Tentative Tract Map No. 23103-2 is a request to subdivide 18.3 acres into 40 parcels. includinq 37 residential lots and 3 open space lots located on the northwest corner of Butterfield Staqe Road and Chemin Clinet, Emery Papp. Senior Planner. COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, June 15, 2005, 6:30 PM, Council Chambers, 43200 Business Park Drive, Temecula, California. R:IPLANCOMMlAgendas\2005106-01-05.doc 3 . . ITEM #1 . . . . . PC RESOLUTION NO. 2005 - 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA05-0060, A CONDITIONAL USE PERMIT APPLICATION TO OPERATE A PRE-SCHOOL WITH A MAXIMUM CAPACITY OF 96 STUDENTS BETWEEN THE HOURS OF 6:30 AM TO 6:00 PM MONDAY THROUGH FRIDAY (NO REGULAR HOURS OF OPERATION AT NIGHT OR ON WEEKENDS), AND CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE. WHEREAS, Mary Burnham filed Planning Application No. PA05-0060, in a manner in accord with the City of Temecula General Plan, and Development Code; WHEREAS, Planning Application No. PA05-0060 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0060 on May 4, 2005, 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 in opposition to this matter; WHEREAS, at the conclusion of the Planning Commission Hearing and after due consideration of the testimony, the Planning Commission denied Planning Application No. PA05-0060 after finding that the project proposed in Planning Application No. PA05-0060 does not conform to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in denying Planning Application No. PA05-0060 (Conditional US9 Permit) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is not consistent with the General Plan and the Development Code; While pre-schools are conditionally permitted in the Vel)' Low Residential (VL) zone, the nature and intensity of the proposed use is not consistent with the General Plan intent to ''provide for the development of single-family detached homes on large lots with a rural ranchette character of development." (GP Land Use Elemen!.) The use of modular classrooms and administration offices is not consistent with the architectural character of rural custom homes in the area. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos.doc B. The proposed conditional use is not compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will adversely affect the adjacent uses, buildings, or structures; . The proposed pre-school will introduce a commercial use in an area that is predominately rural-density, single-family residences. Testimony from neighbors, including a petition, was entered into record, indicating incapability of uses between the proposed use and existing surrounding uses. C&D. The site for a proposed conditional use is not adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is detrimental to the health, safety and general welfare of the community; The site is bisected by a blue line stream that represents a potential safety risk to the users of the proposed facility during periods of heavy rainfall. Section 3. Environmental Compliance. This project was found to be exempt pursuant to Section 15332, Class 32, In-Fill Development Projects, of the California Environmental Quality Act (CEQA). However, the project is denied and a Notice of Exemption is not necessary. Section 4. June 2005. DENIED by the City of T emecula Planning Commission this 1 st day of . Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos,doc . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-24 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of June 2005, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: o PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary \ G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos.doc . . .. PC RESOLUTION NO. 2005-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA05-0060, A DEVELOPMENT PLAN APPLICATION TO CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE. WHEREAS, Mary Burnham filed Planning Application No. PA05-0060, in a manner in accord with the City of Temecula General Plan, Development Code; WHEREAS, Planning Application No. PA05-0060 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0060 on May 4, 2005 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 in opposition to this matter; WHEREAS, at the conclusion of the Planning Commission Hearing and after due consideration of the testimony, the Planning Commission denied Planning Application No. PA05-0060 after finding that the project proposed in Planning Application No. PA05-0060 does not conform to the City of Temecula General Plan and Development Code; .. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above' recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in denying Planning Application No. PA05-0060 (Development Plan) hereby makes the following findings as required by Section 17.05.020 of the Temecula Municipal Code: A. The proposed use is not in conformance with the General Plan for Temecula and with all the applicable requirements of state iaw and other ordinances of the City; While pre-schools are conditionally permitted in the Vel)' Low Residential (VL) zone, the nature and intensity of the proposed use is not consistent with the General Plan intent to ''provide for the development of single-family detached homes on large lots with a rural ranchette character of development." (GP Land Use Element.) B. The overall development of the land is not designed for the protection of the public, health, safety and general welfare; The site is bisected by a blue line stream that represents a potential safety risk to the users of the proposed facility during periods of heavy rainfall. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos.doc Section 3. Environmental Compliance. This project was found to be exempt . pursuant to Section 15332, Class 32, In-Fill Development Projects, of the California Environmental Quality Act (CEQA). However, the project is denied and a Notice of Exemption is not necessary. Section 4. June 2005. DENIED by the City of Temecula Planning Commission on this 1st day of Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary SEALJ STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss . I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-31 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of June 2005, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: o PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary . G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos.doc . ITEM #2 . . . . . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MAY 4,2005 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:41 P.M., on Wednesday, May 4, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Mathewson thanked Eve Craig for the prelude music. ALLEGIANCE Commissioner Guerriero the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Olhasso, Telesio, and Chairman Mathewson. Absent: None. PUBLIC COMMENTS None at this time. CONSENT CALENDAR 1 Aqenda RECOMMENDATION: 1.1 Approve the Agenda of May 4, 2005. 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of April 6, 2005. MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who abstained. R:lMinutesPCI050405 COMMISSION BUSINESS . New Items It was the consensus of the Planning Commission to address Item Nos. 5 and 6 before Item Nos. 3 and 4. 5 PlanninQ Application No. PA05-0060 a Conditional Use Permit and Development Plan, submitted bY Cassatt Academy. to construct four modular buildinQs. includinQ an administration buildinq and three classroom buildinqs totalinq 5.760 square feet on 2.39 acres. located on the northeast corner of Calle Girasol and Aussie Avenue Associate Planner Peters presented a staff report (of written material), noting that staff worked with the applicant to ensure that all concerns have been addressed; however, the following Conditions of Approval have not been resolved to the satisfaction of the applicant; and that per the Development Code, when a Conditional Use Permit (CUP) accompanies a Development Plan for a new building that is less than 10,000 square feet, the matter shall be heard at a Director's Hearing; however, based on feedback from the applicants, they will be contesting standard conditions relative to street improvements, a decision was made to refer this matter to the Planning Commission; and that the applicant is contesting the following two Public Works' conditions: . That street improvement to Calle Girasol, which would include road widening and an AC. berm (no sidewalks or streetlights). Due to cost issues, the applicant relayed that they would desire to defer the improvements until a later date. However, the Public . Works' Department policy is to require improvements at the time of development . That improving the end of the entire cul-de-sac on Aussie Avenue, which would include half-width improvements plus 12 feet, and under-grounding of utilities. The applicants do not want to improve the bulb at the end of the cul-de-sac beyond the 24 feet identified on the site plan. Associate Planner Peters also relayed that the applicant would be proposing chain link fencing around a majority of the site; that according to the City's Design Guidelines, chain link fencing should not be used where it would be visible from public streets, on-site major circulation aisles, adjacent residential uses, or pedestrian uses; that fencing is needed for safety, and to meet state licensing requirements, staff has included a condition for alternative fencing that would meet licensing requirements. Fire Specialist Horton relayed that per Fire Chief Windsor, the applicant would be allowed to install one additional fire hydrant on Calle Girasol and Aussie Avenue prior to combustibles being brought onto the property as long as the existing hydrant located 310 feet from Calle Girasol would provide the minimum required fire flow; that if the fire flow could not be obtained, then a second fire hydrant would be required at lot frontage near the Fire Department turn- around on Aussie Avenue; and that the applicant would be required to provide a wet signed fire flow report from Rancho California Water District. At this time, the public hearing was opened. . R:\MinutesPC\050405 2 . Ms. Vicki Cochetas, the applicant, spoke in favor of the proposed project stating that Cassat Academy will use creative teaching to bring out a child's natural interest in learning; that Children will learn through painting, acting, singing and dancing; that the arts program being offered will encourage children to think creatively, build their own ideas, solve problems in more than one way, try new things without fear, and accept responsibility to complete tasks start to finish. The following courses will be offered by Cassat Academy: . Academic Program . Art Curricula . Physical Fitness . Music in Motion Classes . Character and Multicultural Education . Cassat Academy . Drawing . Poetry . Drama . Music . Dance The following individuals also spoke in favor of the proposed project for the following reasons: . Ms. Phyllis Davis . . Ms. Mary Burnham . Ms. Mary Curtis . Ms. Porsche Poltl . Ms. Tanya Gault . That the children will learn self-respect and integrity . That the program will offer parent-teacher partnerships, open communication, annual assessments, and weekly newsletters . That the physical fitness program will encourage a healthy lifestyle . That the academic program will prepare children for kindergarten by exceeding state standards and recognizing that every child learns differently. The following individuals spoke against the proposed project for the following reasons: . Ms. Karen Fontes . Mr. Mike Connolly . Mr. Dennis Fitz . Mr. Jerry Montante . Mr. Steve Honn . . That a commercial business operation in the middle of a rural residential area is incompatible with the zoning for the area R:\MinutesPCI050405 3 . That the objective of the General Plan and Planning Commission would be to prevent .- commercial uses in inappropriate locations such as the proposed site . That the zoning for the proposed site would be for very low density residential, which is defined in the General Plan . That the proposed project would be incongruent with the land use definitions and would be creating considerably more noise and traffic issues . That the proposed project should be located in a more mixed-use area . That the proposed project would not benefit much from the few people living in the very low zoning designation of the Nicolas Valley . That the proposed project would significantly detract from the rural preservation area that is called out for in the General Plan . That the proposed site would be intended for single family detached homes on large lots with rural ranchette character. For the Planning Commission, Ms. Cochetas noted that due to lack of funding, she would not be able to fund the street improvements required by Public Works and would need to defer street improvements until a later date which is not known at this time. At this time, the public hearing was closed. In response to the Planning Commission's query regarding modular buildings, Associate Planner Peters relayed that after discussions with the City Attorney, it was determined that modular buildings are considered real property/permanent structures once they are place on a permanent foundation. . Planninq Commissioner's concerns . That a chain link fence that is being proposed on the property does not meet the City's Design Guidelines . That the proposed architecture and design elements of the proposed one-room school house would not be desired . That the lack of desirelfunds to not improve Public Works' required improvements at the time of development is a concern . That although the use is needed in the community, a commercial business operation in a _ rural residential area is a concern . That it is the opinion of the Planning Commission that there are too many unknowns at this time. . R:\MinutesPCI050405 4 . . . MOTION: Commissioner Chiniaeff moved to deny staff's recommendation noting that it is the opinion of the Planning Commission that there are too many unknowns on behalf of the applicant. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. 6 Planninq Application No. PA04-0582 and PA05-0070, a Zone Chanqe and Development Plan, submitted by AGK Group, for a Zone Chanoe to chanqe zoninq from Public Institutional (PI) to Planned Development Overlav (PDO-10l: a Development Plan for construction of a 170.863 Sq. ft. education complex. a 18,792 Sq, ft. research and development buildinq with conference center, a pad for a 16.000 Sq. ft. dav care facility, retail space totalinq 60,863 Sq. ft., a three-storv parkinq structure with 502 parkinq spaces, and 288 apartment units comprisinq 337,098 Sq. ft.. for a total of 603,616 Sq. ft.: a Tentative Parcel Map (33405) to subdivide two lots totalinq 40.0 acres into 15 parcels consistinq of eioht commercial parcels, one commerciallresidential parcel. one multi-family residential parcel. and three public riqht-of-way parcels Associate Planner Fisk presented a staff report (of written material), requesting revisions to the following conditions: Development Plan (PA04-0582) Revise Condition of Approval #49c to read: "Dedicate 44' half-width street right-of-way on Cherry Street. Improve a 24' wide private street within the right-of-way." Tentative Parcel Map No. 33405 (PA05-0070) Revise Condition Condition No. 19 to read: Dedicate 44' half-width street right-of-way on Cherry Street. Improve a 24' wide private street within this right-of-way". The following are design elements require further review by staff: . That the element of an outdoor lighting plan indicating the location and design of all outdoor lighting on site (addressed by COA No. 29) . An outdoor furniture plan (COA No. 33) . Inclusion of motorcycle and bicycle parking facilities per section 17.24.040 of the Development Code (COA Nos. 34 and 35) . A sign program (COA No. 36) . Design details for the water feature to be located at the south elevation of Building (COA No. 37) . And the proposed locations, numbers, genus, species, and container size for all shrubs and ground covers (COA No 41d). At this time, the public hearing was opened. Mr. A.G. Kating, representing AGK Group, spoke in favor of the proposed project. Mr. Gary Wiggle presented a PowerPoint presentation of the proposed project showing many perspective views of the site. R:\MinulesPCI050405 5 The following individuals spoke in favor of the proposed project: . Mr. Roger Ziemer . Ms. Joan Sparkman . Mr. Pamela Voit . Mr. Aaron Kendrick . Mr. Dennis Frank . Mr. Trammel, of Milgard Windows, spoke in favor of the proposed project but did express concern with the apartments of the proposed project being located too close to Milgard Windows, noting that the residents of the apartments could be impacted by noise from Mi'gard Windows. At this time, the public hearing was closed. The Planning Commission expressed excitement toward the new Education Complex. MOTION: Commissioner Chiniaeff moved to recommend that the City Council approve the. proposed project. Commissioner Olhasso seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 2005-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA ND AGK GROUP, LLC" ESTABLISHING CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA EDUCATION CENTER (PA04-0582 AND PA05-0700)" . PC RESOLUTION 2005-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED DEVELOPMENT OVERLAY (PDO-10) AND ADOPT SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWS AS ASSESSORS PARCEL NO. 909-370-002". . RIMinutesPCI050405 6 . . . PC RESOLUTION NO. 2005-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 3304 5 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER PARCELS, GENERALLY LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWN AS ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-019 (PA05-0070)." 3 Planninq Application No. PA05-0085. a Development Code amendment to ensure consistency with the recently updated General Plan. The primarv modifications include the creation of a Rural Residential Zone, amendinq the General Plan-Zoninq District Consistency Table. and a revision to the Official Zonin!:l Map to reflect chanqes made to the General Plan Land Use Map by the City Council Principal Planner Hogan presented a staff report (of written record), noting that the proposed ordinance before the Planning Commission will address the basic consistency rezoning changes that are needed to ensure minimum consistency with the General Plan and that the proposed ordinance will make the following initial changes to the Development Code as follows: . Update the General Plan Land Use Designation - Zoning District Consistency Table in the Development Code . Create a Rural Residential Zoning District (5-acre minimum lots) . Add a Golf Course Resort use to the Permitted Use Table for the Open Space Zones . Create a tribal Trust District . Amend the Official Zoning Map. MOTION: Commissioner Chiniaeff moved to approve staffs recommendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. R:\MinulesPCI050405 7 PC RESOLUTION NO. 2005-027 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA05-0085)" 4 City-Wide Desion Guidelines. to comprehensively update the City-Wide Desiqn Guidelines, previously adopted by the City Council on Februarv 25, 1997. includinq two new chapters: Sino Ie-Family Residential. and Special Standards. . A new illustrated olossarv of terms is also included in the new Oesiqn Guidelines Senior Planner Papp presented the Planning Commission with a comprehensive Update of the City-Wide Design Guidelines (of written record). MOTION: Commissioner Chiniaeff moved to recommend that the City Council adopt the proposed Design Guidelines. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. . PC RESOLUTION NO. 2005-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A NOTICE OF EXEMPTION FOR DESIGN GUIDELINES AND APPROVE THE COMPREHENSIVE UPDATE OF THE CITY-WIDE DESIGN GUIDELINES This following item was previously addressed (pages 2-5) 5 Planninq Application No. PA05-0060 a Conditional Use Permit and Development Plan, submitted bv Cassatt Academy. to construct four modular buildinos. includinq an administration buildinq and three classroom buildinqs totalinq 5.760 square feet on 2.39 acres, located on the northeast corner of Calle Girasol and Aussie Avenue . R:\MinutesPCI050405 B . . . The following item was previously addressed on (see pages 5-7). 6 Plannina Application No. PA04-0582 and PA05-0070. a Zone Chanqe and Development Plan. submitted by AGK Group, for a Zone Chanqe to chanae zoninQ from Public Institutional (PI) to Planned Development Overlav (PDO-1m: a Development Plan for construction of a 170,863 Sq. ft. education complex, a 18,792 Sq. ft. research and development buildinq with conference center. a pad for a 16,000 Sq. ft. day care facility. retail space totalinq 60.863 so. ft., a three-storv parkinq structure with 502 parkinQ spaces, and 288 apartment units comprisinQ 337.098 SQ. ft., for a total of 603.616 Sq. ft.: a Tentative Parcel Map (33405) to subdivide two lots totalinq 40.0 acres into 15 parcels consistino of eiqht commercial parcels, one commerciallresidential parcel. one multi-family residential parcel. and three public riqht-of-way parcels COMMISSIONER'S REPORT Commissioner Olhasso expressed concern with the mannequin at the Kia dealership on Ynez Road. PLANNING DIRECTOR'S REPORT None at this time. ADJOURNMENT At 9:35 P.M., Chairman Mathewson formally adjourned this meeting to the next reClular meetina to be held on Wednesdav, Mav 18. 2005 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dave Mathewson Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\050405 9 . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MAY 18, 2005 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:33 P.M., on Wednesday, May 18, 200S, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Mathewson thanked Eve Craig for the prelude music. ALLEGIANCE Commissioner Guerriero led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Olhasso, Telesio, and Chairman Mathewson. Absent: None. . PUBLIC COMMENTS . None at this time. CONSENT CALENDAR 1 Aqenda RECOMMENDATION: 1.1 Approve the Agenda of May 18, 200S 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of April 20, 200S 3 Director's Hearinq Case Update RECOMMENDATION: 3.1 Approve the Director's Hearing Case Update for April, 2005 R:IMinutesPCI051805 MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous approval. . COMMISSION BUSINESS 4 Review of 2005-2009 Capital Improvement Proqram Principal Planner Hogan presented a staff report (of written record), noting that the role of the Planning Commission would be to review the proposed project and determine if the projects are consistent with the City's General Plan. Mr. Hogan also noted that the projects within the CIP have been divided into four general categories, as follows: . Circulation . Parks and Recreation . Corporate facilities/infrastructure . Redevelopment. It was noted by Mr. Hogan that staff has reviewed the General Plan and would be of the opinion that it will be consistent with provisions of the Circulation, Open Space/Conservation, and Growth Management/Public Facilities Elements of the adopted General Plan; and that staff would recommend that the Planning Commission make a determination that the projects included in the CIP will be consistent with the adopted City General Plan. In response to Commissioner Guerriero's query regarding the modifications between 1-15 and Ynez Road, Deputy Director of Public Works Parks noted that the median will be narrowed and trees will be removed but that they will be replaced on the shoulders and entry way; and that the goal would be to gain another through lane on Rancho California Road. . Mr. Parks also noted that the raised concrete medians along State Route 79 South will have landscaping. For the Planning Commission, Planning Director Ubnoske noted that in the future, timing of CIP projects will be provided to the Planning Commission. MOTION: Commissioner Chiniaeff moved to approve stall's recommendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. PUBLIC HEARING ITEMS Continued from April 20, 2005 5 Planninq Application No. PA04-0561 a Development Plan. submitted by STDR Architects. to construct and operate a 7,380 square foot restaurant, located on 0.42 acres. qenerally located approximately 800 feet west of Ma'rqarita Road. at the northeast intersection of the Temecula Mall Loop Road and the Mall Access Road that is an extension of Verdes Lane . R:IMinutesPCI051805 2 . Associate Planner Fisk reviewed the staff report (of record) and offered the following comments: . That since the April 20, 200S Planning Commission hearing, there have been two sub- committee meetings for the project . That the applicant has revised the exterior colors of all the proposed building to soften the colors . That staff would recommend that Condition of Approval No.9 be amended to require the proposed new paint colors (see attachment No 2. Condition of Approval No.9) . That the applicant has verbally indicated its agreement to provide landscaping between the EI Torito lease area and the southern property line; however, the applicant has not provided any landscape plans for staff or Planning Commission to review in advance; and that landscaping plans were received today . That staff would recommend that the addition of Condition of Approval No 22 (requiring that the landscaping construction plans shall indicate that landscaping be installed between the EI Torito lease area and the south property line of the project site subject to review and approval by the Director of Planning) . That staff has reviewed the parking plan for the Power Center II and determined that a total of 246 parking spaces were required for the Power Center II and 424 parking spaces will be provided; . . That pedestrians will be able to cross the ring road in the vicinity of the project; that there are no pedestrian barriers or crossing aids between the Power Center II and the Promenade Mall; that pedestrians may cross the ring road at their own risk; that the Public Works Department indicated that it is not aware of problems with pedestrian crossings in the vicinity of the Power Center II but that if problems were to arise, staff would need to address any concerns with mall management. For the Planning Commission, Mr. Fisk relayed that the applicant would be in full agreement to the added condition of (extra landscaping). At this time, the public hearing was opened. Mr. Mark Turpin, representing EI Torito, noted that the applicant has worked with staff and the sub-committee to redesign the color palette for the proposed building that the applicant would be willing to provide landscaping, irrigation, and be willing to work with staff and developer. Mr. Jack Tarr, owner and developer of Power Center II, relayed his support for the proposed project. Mr. Richard Tanaka, representing STDR Architects, noted that the exterior colors of the proposed project have been softened as requested by the Planning Commission. At this time, the publiC hearing was closed. . R:\MinutesPC\051805 3 Commissioner Telesio noted that although he would be in favor of an EI Torito coming to . Temecula, he would be not be in favor of the proposed architecture and color scheme, noting that he would prefer to see the traditional EI Torito style. MOTION: Commissioner Guerriero moved to approve staff's recommendation with the inclusion of the two new conditions as requested by staff. Commissioner Chiniaeff seconded the motion and voice vote reflected approval with the exception of Commissioner Telesio who voted No. New Items 6 Planninq Application No. PA04-0620. a Development Plan, submitted by Edqe Development. to construct and operate a recreation facilitv (Bovs & Girls Club) totalinq 5.520 square feet on 9.12 acres, located at 31465 Via Cordoba, qenerallY located at the southeast corner of Via Cordoba and Via Del Coronado Due to conflicts of interest, Commissioner Guerriero and Deputy Public Works Director Parks excused themselves from the dais. Associate Planner Fisk presented a staff report (of written record). For the Planning Commission, Development Services Administrator McCarthy noted that the park site will be a 9.1 acre site which does not include the 1.5 acres that has been acquired from the Wolf Creek developer and that the lease would be for the footprint of the proposed building. . Principal Engineer Moghadam offered the following comments: . That there are no plans to install any traffic control signals or stop signs at the intersections of Via Cordova and Via Del Coronado . That staff may not require a school to offer crossing guards but staff could make such a request or a suggestion and that staff would be of the opinion that the school near the proposed site has offered to put crossing guards at Loma Linda and Via Del Coronado which currently offers an All-way stop . That staff would be of the opinion that the volumes, at this time, do not justify the installation of stop signs. For Commissioner Olhasso, Deputy Community Services Director Ruse noted that she is not aware of Linda Hintergardt's involvement with the Boys and Girls Club project. In response to Chairman Mathewson's queries, Associate Planner Fisk relayed that the basketball court to be installed at the project site would not be a part of the proposed project and that outdoor activities would be limited. Principal Engineer Moghadam offered the following comments: . That based on input given by the Boys and Girls Club, it was estimated that there would . be 200 vehicles per day added to the daily traffic count R:\MinutesPCI051805 4 . . . . That the Public Works Department has indicated that the streets within the immediate vicinity of the proposed project (ie., Via Cordova, Via Del Coronado, and Lorna Linda), currently operate at a Level of Service "B" or better and projected to continue to operate well within acceptable levels of service as the surrounding area develops and, therefore, that the proposed project would not be deemed a significant impact with regard to traffic. At this time, the public hearing was opened. Mr. Scott Burell, representing Edge Development, noted that the applicant has worked with staff to ensure that the proposed building be designed to be consistent with the design of the surrounding development and that the design of the building will meet the Citywide Design Guidelines and Development Code requirements. Ms. Michelle Arrellano and Kathleen Smith, representing the Boys and Girls Club, noted the following: . That there will be a daily average of 150 kids attending the proposed facility . That there would only be 3 to 4 parents at a time for drop off and pick up . That the proposed facility will have a 10 to 15 person passenger van which will take 2 to 3 rotation trips per morning and afternoon and that there will be 2 to 4 vans at the proposed facility . That there has not been any noise complaints at any of the Boys and Girls facilities . That there will be a family event held quarterly at the proposed facility . That at this time, there are no plans to create a teen program at the facility; that in the event one were to be created, they would only be an event held once or twice a week; and that teen dances would not be held at the proposed facility. Ms. Michelle Arrellano noted the following: . That the Boys and Girls Club will be a positive environment for kids . , That the programs offered will be life enhancing, teaching skills, and building character . That the Boys and Girls Club has a supportive Board of Directors including a knowledgeable staff . That the mission of the Boys and Girls Club would be to inspire and enable kids to be responsible caring citizens of the community . That Linda Hintergardt has expressed support of the facility at the proposed site . That the shuttle van will only be serving the south Temecula area. R:IMinutesPCI051805 5 The following individuals spoke in favor of the proposed project for the following reasons: . . Mr. Gary Vutakpa Ms. Michelle Hill . Mr. Greg Prudhomme Ms. Joan Sparkman . Ms. Katherine Baily Ms. Amy Minneer . Mr. Dennis Fank Mr. Bill Seltzer . Mr. Roger Ziemer Mr. Paul O'Neal . Mr. Jonathon Hickling . That the Boys and Girls Club will be providing hundreds of thousands of dollars to the community in terms of services to its residences . That the Boys and Girls Club will be a positive place for kids . That the Boys and Girls Club will be providing economic value to the homes in the proposed area . That the Boys and Girls Club will be a family-friendly environment . That the laughter of the children will be better than gun shots and fighting . That the proposed project will be compatible with the surrounding neighborhood . That a homework club, science club, photography courses, music lessons, and sports will be offered . . That the Boys and Girls Club is an important extension of outreach facilities for the Temecula Community . That the proposed project will be serving school-aged children of southern Temecula . That the Boys and Girls Club will offer a safe. haven for children who would otherwise be going home to an empty house . That the children in the area will benefit from the proposed project . That the Redhawk Community is a family community designed for raising children and that the proposed facility would be a compatible use for the community. The following individuals spoke against the proposed facility for the following reasons: . Mr. Bud Benson . Ms. Lisa Whipp . Ms. Kate Chandler . Mr. Steve Watson . Ms. Lee Ann Adams 'Mr. Huber Davis Mr. Joe Fontana Mr. Michael Pation Ms. Lois Miller . That if the proposed project were approved, residences will not be able to enjoy their backyards due to all the noise that could be created by the proposed project . . That the location of the proposed project will not be a suitable location R:\MinutesPC\051805 6 . . . . That the proposed project will create more traffic problems . That Pala Park or the future Sports Complex would be a better site for the proposed project . That it would be inconsiderate and irresponsible to put a Boys and Girls Club in a residential area . That the value of the homes will depreciate due to the proposed project . That the proposed project should be located in an area that is designed for a heavier traffic flow . That the late night facility such as the proposed project would not be desirable in a bedroom community . That the staff working for the Boys and Girls Club will be minimum wage volunteers . That the Redhawk area is not an area for disadvantaged people. At this time, the public hearing was closed. COMMISSION DISCUSSION Commissioner Olhasso spoke highly of the Boys and Girls Club noting that she would be in complete support of the proposed facility and the services this facility will offer to children in the area. At this time, Commissioner Olhasso read her letter of resignation. Commissioner Chiniaeff noted his disappointment in regard to a flyer that was disbursed in the Redhawk Community with regard to the opposition of the proposed facility. Commissioner Chiniaeff expressed his enthusiasm toward the proposed project noting that if the Boys and Girls Club is approved, he would encourage the City Council to consider the installation of two stop signs at Via Cordoba and the other at Via Del Coronado. Commissioners Chiniaeff, Telesio, and Chairman Mathewson relayed their full support for the proposed project stating that the residents in the immediate area would benefit from the Boys and Girls Club noting that the proposed program will create be a minimum amount of traffic. MOTION: Commissioner Chiniaeff moved approval of the proposed project subject to a condition that the Planning Commission recommend to the City Council consideration of the installation of stop signs at Via Cordoba and Via Del Coronado. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who abstained. R:IMinutesPCI051805 7 PC RESOLUTION NO. 2005-032 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0620, A DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE A RECREATION FACILITY TOTALING 5, 520 SQUARE FEET ON 9.12 ACRES, LOCATED AT 31365 VIA CORDOBA, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF VIA CORDOBA AND VIA DEL CORONADO, KNOWN AS ASSESSOR PARCEL NO. 961-020-005 At this time, the Planning Commission took a five-minute break. 7 Planninq Application No. PA05-0059, a Minor Conditional Use Permit and Findinqs of Public Convenience or Necessity, submitted by Nina Stanlev of Country Splendor Flowers and Gifts. to allow for the sale of beer and wine in qift baskets (Type 20 license), located at 31285 Hiqhway 79 South. Suite 170 At this time, Commissioner Guerriero and Deputy Public Works Director Parks returned to the dais. Planning Technician Bales presented a brief staff report (of record). MOTION: Commissioner Chiniaeff moved to approve the Minor Use Permit and Public Convenience or Necessity Findings to allow for the sale of beer and wine in gift baskets. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. . PC RESOLUTION NO. 2005-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA NO. 05-0059, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY FINDINGS TO ALLOW FOR THE SALE OF BEER AND WINE IN GIFT BASKETS (TYPE 20 LICENSE, OFF-SALE) FROM AN EXISTING 816 SQUARE FOOT SUITE LOCATED AT 31285 HWY 79 SOUTH, AND KNOWN AS ASSESSORS PARCEL NO. 961-010-034 8 Planninq Application No. PA05-0087. a Minor Conditional Use Permit. submitted by Michael Brewer, to upqrade the sale of a beer and wine license to a beer. wine, and distilled spirits license (Type 47 license. on-sale qeneral) from an existinq restaurant (Gourmet Italia), located at 27499 Ynez Road Assistant Planner Damko presented a staff report (of record). At this time, the public hearing was opened. . R:IMinutesPCI051805 8 . . . Mr. Michael Brewer, representing Gourmet Italia, thanked staff for its efforts and relayed that the applicant would be in concurrence with the Conditions of Approval. At this time, the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff's recommendation. Commissioner Qlhasso seconded the motion and voice vote reflected. unanimous approval. PC RESOLUTION 2005-034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0087, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF BEER, WINE AND DISTILLED SPIRITS (TYPE 47 LICENSE, ON-SALE GENERAL) FROM AN EXISTING RESTAURANT LOCATED AT 27499 YNEZ ROAD, GENERALLY LOCATED IN THE TOWER PLAZA 0 THE NORTH WEST CORNER OF YNEZ ROAD AND RANCH CA. ROAD, KNOWN AS ASSESSOR PARCEL NO. 921-270-055 9 Planninq Application No. PA04-0621, a Development Plan. submitted bv Vandana Kelkar of MCA Architects, to construct a 55.685 square foot shoppinq center with "Pad G" remaininq vacant for a future restaurant use on seven acres of the twenty acre propertv: five acres will be desiqnated towards future commercial uses, such as mini storaqe. and the remaininq ei!:lht acres. which includes a portion of the creek channel. will be preserved as open space, located on the southeast corner of Butterfield Staoe Road and Hiqhway 79 South Assistant Planner Damko presented a staff report (of written material), noting the following. . That the applicant be required to obtain administrative approval of the Development Plan to building Pad G . That a Condition of Approval be imposed, requiring applicant to comply with a letter received from the Riverside County Flood Control and Water District dated May 17, 2005. . That staff would request that the public hearing be opened to hear public comment and that the item be continued for further environmental review. Commissioner Chiniaeff, echoed by Commissioner Guerriero, noted that the applicant consider the impiementation of four-sided architecture on the proposed buildings. Deputy Director of Public Works Parks noted that he would be in agreement with the conditions required by the Riverside County Flood Control and Water Conservation District. For the Commission, Ms. Damko relayed that Pad G will be 7,000 square feet and would preclude the opportunity for a drive-through restaurant. R:IMinutesPCI051805 9 At this time, the public hearing was opened. Ms. Vandana Kelkar, representing MCA architects, noted that the applicant would be willing to address the conditions as required by the Riverside County Flood Control District and that the location of the water fountain was at the request of staff. . Mr. Mark Esbenson, developer of the project, relayed that the applicant would be willing to work on any issues that the Planning Commission and staff may have on the proposed project in an effort move the project forward quickly. Mr. Dean Meyer, representing Newland Communities, noted that he would also be willing to with the applicant and staff to resolve the issues brought forward by Riverside County Flood Control District. At this time, the public hearing was closed. MOTION: Commissioner Chiniaeff moved to continue the item off calendar as requested by staff. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. COMMISSIONER'S REPORT Commissioner Olhasso thanked staff for the removal of mannequins. For Commissioner Guerriero, Deputy Director of Public Works Parks relayed that although the . off-ramp at 1-15 and Rancho California Road us overseen by belongs to Caltrans, he will explore the concern of traffic backing up at that intersection. Addressing Commissioner Telesio's comment regarding traffic issues at the west side of the freeway at Overland Road, Deputy Director of Public Works Parks noted that he will explore his concern. Chairman Mathewson requested that Code Enforcement explore the large amount of signage by Rebel Nail Salon. PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske notified the Commission that Associate Planner Harris will be leaving the Planning Department. It was the consensus of the Planning Commission to no longer accept speaker slips after an item has been opened. . R:\MinutesPC\05180S 10 . . . ADJOURNMENT At 9:30 P.M., Chairman Mathewson formally adjourned this meeting to the next reqular meetinq to be held on Wednesday. June 1, 2005 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dave Mathewson Chairman Debbie Ubnoske Director of Planning A:\MinutesPC\051805 11 . ITEM #3 . . . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: June 1, 2005 Prepared by: Christine Damko Title: Assistant Planner File Number PA05-0091 Application Type: MCUP Project Description: A Minor Conditional Use Permit and Public Convenience or Necessity Findings to allow for the sale of beer and wine (Type 20 license, off- sale beer and wine) from a 3,600 square foot gas station and convenience store currently in the building permit process located on the southeast corner of Highway 79 South and Pechanga Parkway (APN: 961-010-004). Recommendation: [8:J Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CEQA: [8:J Categorically Exempt (Class) 15301 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR '" G:\Planning\2005\PA05-0091 Circle K & Unocal-MCUP and PC&N\Planning\STAFF REPORT.doc I PROJECT DATA SUMMARY . Applicant: Hagop Hofdarali Completion Date: March 14, 2005 Mandatory Action Deadline Date: June 1, 2005 General Plan Designation: Highway Tourist Commercial (HTC) Zoning Designation: Highway Tourist Commercial (HTC) Site/Surrounding Land Use: Site: Highway Tourist Commercial (HTC) North: South: East: West: Community Commercial Open Space Highway Tourist Commercial Community Commercial Lot Area: 68,111 square feet/3,600 square fe.et of building area Total Floor Area Ratio: N/A . Landscape Area/Coverage: N/A Parking Required/Provided: N/A BACKGROUND SUMMARY [2J 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. The proposed project is a request to sell beer and wine (Type 20 license, off-sale beer and wine) from an approved convenience store and gas station located at the southeast corner of Highway 79 South and Pechanga Parkway. Section 17.10 of the Development Code requires that all uses (except for the incidental sale of beer and wine at a restaurant) must obtain a Conditional Use Permit from the Planning Commission. The California Department of Alcohol Beverage Control considers the Census Tract in which the project site is located to be "over-concentrated" with off-sale alcohol licenses and therefore, Public Convenience or Necessity findings are also required. ANALYSIS , Staff has verified through the Department of Alcohol Beverage Control that the project site is within Census Tract 0432.14. A total of twelve (12) off-sale licenses exist in this Census Tract and twelve (12) are allowed before it is considered "over-concentrated". . G:\Planning\2005\PA05-009! Circle K & Unocal-MCUP and PC&N\Planning\STAFF REPORTdoc 2 . . . The convenience storelmini market provides a large diversity of products for the consumer's convenience. The inventory includes over 1,500 items including milk, magazines, cheeses, chips, soft drinks, a coffee bar, hot and cold sandwiches, and fresh fruit. The applicant considers the sale of beer and wine to be an important part of the diversity of products, but is expected to comprise a very small percent of the shelf space. By providing a wide variety of products, including beer and wine, readily available to the consumer at this store, the public convenience of the area will be served. Without it, the customer may make two or more trips (i.e., one to get food, and a second to get alcoholic beverages). The proposed operation will include adequate lighting both on the interior and exterior of the store, 24-hour employee supervision of the facility, closed circuit video monitoring system with cameras located strategically throughout the property, and careful window sign and landscaping to avoid obstruction of visibility into and out of the facility, The project is located near single-family residences (to the south of the site), however there is an open space buffer (the Temecula Creek) between the development and the homes. In addition, the project is located within an approved shopping center. The proposed project is consistent with Section 17.10 of the Development Code. Therefore, staff believes that the findings for a Minor Conditional Use Permit and Public Convenience or Necessity findings can be made. ENVIRONMENTAL DETERMINATION !8J 1. In accordance with the California Environmental Quality Act, the propos'ed Project has been deemed to be categorically exempt from further environmental review. (Section 15301, Class 1; existing facilities, no expansion of facilities) CONCLUSION/RECOMMENDATION Staff has reviewed the proposed project and has determined that the project is consistent with the General Plan and Development Code. Staff recommends that the Planning Commission make the findings for a Minor Conditional Use Permit and Public' Convenience and Necessity findings. In addition, staff recommends that the Planning Commission determine that the project is exempt from CEQA Guidelines pursuant to Section 15301, existing facilities. FINDINGS Conditional Use Permit (Code Section 17.040.010E) 1. The proposed conditional use is consistent with the General Plan and the Development Code. The project proposes to sell beer and wine to an approved gas station and convenience store, currently in the building permit process. The proposed use is consistent with the General Plan (Highway Tourist Commercial) and Zoning designation (Highway Tourist Commercialj, as well as the standards within the Development Code. The Development Code requires that gas stations must apply for a Conditional Use Permit for the sale of beer and wine. The project is not less than 500 feet from a religious institution, school or a public park. 2. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor G:\Planning\2005\PA05~0091 Circle K & Unocal-MCUP and PC&N\Planning\STAFF REPORT.doc 3 conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project is compatible with the nature, condition and development of . adjacent uses, buildings, and structures. The proposed gas station and convenience store is an approved project, currently in the building permit process. The applicant is requesting to sell beer and wine in the future convenience store. The proposed operation would not be unique or different from that of other gas station/mini markets in the area. The proposed operation will include adequate lighting both on the interior and exterior of the store, 24-hour employee supervision of the facility, closed circuit video monitoring system-with cameras located strategically throughout the property, and careful window sign and landscaping to avoid obstruction of visibility into and out of the facility. The proposed project will also provide additional convenience for the community and will allow the business at the project site to be competitive with other similar businesses selling beer and wine in the vicinity of the project site. 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed convenience store and associated gas pumps at the site will adequately provide all improvements including yards, walls, fences, parking and loading facilities, buffer area, landscaping and all other features as required in the Development Code in order to integrate the use with other uses in the neighborhood. The applicant is requesting to sell beer and wine in the already approved convenience store. . 4. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. To the south of/he property there are existing single-family residences; however there is an open space buffer (the Temecula creek) between the development and the homes. In addition, the approved convenience store and gas station will be located within an approved shopping center. The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience to the community, which will reduce vehicle trips, Furthermore, the site is consistent with the City policies regarding separation of sensitive uses and the City Police Department has provided conditions of approval for the project and concurs with the request for the sale of alcoholic products at the project site. 5.. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The project has been reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Criteria to iustify makinq a findinq of Public Convenience or Necessity: 1. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, and other special . G:\PJanning\2005\PA05-0091 Circle K & Unocal-MCUP and PC&N\Planning\STAFF REPORT.doc 4 . . . services)? No. The mini market/gas station offers customers the convenience of one-stop shopping for a variety of products, including gas for automobiles, and the applicant proposes the sale of beer and, wine to include as a convenience to the store's patrons and to help reduce the need for additional automobile trips. 2. Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? No. The proposed store offers many items and offers convenient and affordable shopping for all income levels. While the store will cater to various socio-economic classes, it cannot be anticipated that the proposed establishment will serve anyone particular socio-economic class, or an under-served population. 3. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? No. The proposed operation would not be unique or different from that of other gas station/mini markets in the area. The proposed operation will include adequate lighting both on the interior and exterior of the store, 24-hour employee supervision of the facility, closed circuit video monitoring system-with cameras located strategically throughout the property, and careful window sign and landscaping to avoid obstruction of visibility into and out of the facility. 4. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? Yes, The project is located on the corner of State Highway 79 South and Pechanga Parkway. The project is also located with an estimated three miles from the State 15 freeway on and off ramps; however there are existing gas stations/mini markets within this three miles. 5. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? No, The establishment is not located in an area where there is a significant influx of population during seasonal periods. The establishment is located within an approved shopping center currently under construction. The Pechanga Entertainment Complex is located an estimated four miles south west of the establishment; however it cannot be anticipated that a certain time period will create an increase of population. 6. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? Yes. According to the Department of Alcohol Beverage Control there currently is an over concentration of off-sale alcohol licenses within the subject Census Tract (0432,14), A total of twelve (12) off-sale licenses exist in this Census Tract and twelve (12) are allowed before it is considered "over-concentrated'~ G:\Planning\2005\PA05-0091 Circle K & Unoca]-MCUP and PC&N\Planning\STAFF REPORT.doc 5 7. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? No. Staff has conducted a SOD-foot radius search and verified that the proposed use is not closer than 500 feet from any religious institution, school or public park. . 8. Would the proposed establishment interfere with these sensitive areas? No. It is not anticipated that the proposed use would interfere with any sensitive areas. 9. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? No. To the south of the property there are existing single-family residences; however there is an open space buffer (the Temecula creek) between the development and the homes. Furthermore, it is not anticipated that the addition of alcohol sales to a gas station/mini market would affect the quiet enjoyment of a property by residents. Therefore it is not anticipated the project would interfere with the quiet enjoyment of property by residences. 10. Will the proposed establishment add to law enforcement problems in the area? No. Any establishment selling alcohol has a potential to add to law enforcement problems, however, it is not anticipated that there will be any significant law enforcement problems in the area as a result of this project. The police department has provided . conditions of approval for the project and concurs with the request for the sale of alcoholic products at the project site, ATTACHMENTS 1. Plan Reductions ~ Blue Page 7 2. PC Resolution No. 2005-_ - Blue Page 8 Exhibit A: - Conditions of Approval 3. Statement of Operations - Blue Page 9 . G:\Planning\2005\PA05~0091 Circle K & Unocal-MCUP and PC&N\Planning\STAFF REPORT.doc 6 . . . ATTACHMENT NO.1 PLAN REDUCTIONS G:\Planning\2005\PAOS-009! Circle K & Unocal-MCUP and PC&N\Planning\STAFF REPORT-doc 7 . . . D W""''''!~>.<I'~'''''lI'''''''' , i~:'J::~\t:t\ ~ "---.--- ---"1 (,g/6 "'N~OJflY:l ll.NJ~ll~ K'f'i " 'liS 'Dla S]N01'OS)'" Otl ~J il~~7,l.I~I~~~ .............. HSVMHV:J H'lIM~l'Noil:.;:ts 3~IMJ3S lV:::lONn 'Ii' )i 31:)~1:) . -- 4~ ~~ ;;: - '~ ~~~r~~2~~ i~-~ ~ :nr a':> , , ;~H~HH~ ~ ~ ~i ~~ i= ii ;:~~ 05 , ~t i~o~l;~:.~~~~. ~H ~~ o-g~s,~;~1";5~ ~,,~ :i ~;~ohh!"'~Ei )'~~- ~~ "c.;~~u'" &'~~ ':;;~ 2 ill II III h I ~~ p ~ ,I'! i! -' "' ~ ~ ! ~ ::> ..~ u~ ~ ! C .~ ~i 61 d ~, ~ !' ~_r~~H~~H ~~ "d'?'~~'Hi~ H ~~ ^' 8~ i~ i~ ~'" ~~ } -~ Jb ", , ,1 I :;1;,1\ :, :~iH q~!! ~ ~ t, ~ ~" ~ ~ l' ii, 1 ~ '; r ~ y ii ,'_ \i I, < , z , . 3 L8 iB "~ ; ;H ~ ~~. 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I z~ E ~~~::iI-=~ ' ,I ...J ~ "'!_. ii'l /1..-.--- i~:. C2~'!H~~in~!~~ : 1! U.J ~";~~hi_:"l!1 -. - ~...~+e~i~~H'Hi~~~ --.. ...n. - I i I (.?.; u" ~." Ii i sl : ! I "! I I _ i J~l ! ~ i i :' ,I 0 ~ ~ 8 ~ . "'t II Z', >,.! i I w i ~ ! ~ ~ :;. Il'~ 'I ',,, '-I'q I -; .iL ~,~;~~: :- =tirr~ III Illil I ~ 4; I !'@; 1 I . . - ;i @ " 11 0_ L :>~ . 'l ~~il., I " :: 1 , :: / L.....;L .. '8 '0 / , ." ~-... @ i: ::/ i~, I ~ r>0c Cd.,,,,,,,,,,,!:, _ ___~; I ~.b"'1""'1""'1 . >'J r--'uLL_L" "i jl e (" ,I ;1 ~.>, , o , ! ~ .o-~' ! i o o L ~ Jl azz In J ;,~ i! ii H--'j"~: , .....It[l lOt ;2 o 5 ~I t",'1 ~I ~ .... ~I ::> :: ~I ~! ...JI U: Uj ~' Uol >1 01 31 ~ol ~I -I ~ 1 ~ 1!_ LIJ l~!x u i.! "- "." ' g .~~~, ~ . . [[lL., I I i ! ; I :,-,,-..:< . 0 1,1 i I ,.lcc[7O:'J "1~~ -'O:~ -'-:;1' ---- -.-.1 -"~. --j;:ji ---,00." . . . ATTACHMENT NO.2 PC RESOLUTION NO. 2005-_ G:\PJanning\2005\PA05-0091 Circle K & Unocal-MCUP and PC&N\Planning\STAFF REPORTdoc 8 . . . PC RESOLUTION NO. 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0091, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY FINDINGS TO ALLOW FOR THE SALE OF BEER AND WINE (TYPE 20 LICENSE, OFF-SALE BEER AND WINE) FROM A 3,600 SQUARE FOOT GAS STATION AND CONVENIENCE STORE CURRENTLY IN THE BUILDING PERMIT PROCESS, GENERALLY LOCATED NEAR THE SOUTH EAST CORNER OF HIGHWAY 79 SOUTH AND PECHANGA PARKWAY, KNOWN AS ASSESSORS PARCEL NO. 961-010-004. WHEREAS, Hagop Hofdarali, representing Rainbow Service Station, Inc., filed Planning Application No. PA05-0091 in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA05-0091 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0091 on June 1, 2005, 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 in opposition to this matter; WHEREAS, at the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA05-0091 subject to the conditions of approval after finding that the project proposed in Planning Application No. PA05-0091 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. . The Planning Commission, in approving Planning Application No. PA05-0091 (Minor Conditional Use Permit) hereby makes the following findings in regards to criteria for Public Convenience or Necessity and as required by Section 17.04.010.E of the Temecula Municipal Code: ' Conditional Use Permit (Code Section 17.040.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code. The project proposes to sell beer and wine to an approved gas station and convenience store, currently in the building permit process. The proposed use is consistent with the General Plan (Highway Tourist Commercial) and Zoning designation (Highway Tourist G:\Planning\2005\PA05-0091 Circle K & Unocal-MCUP and PC&N\Planning\Draft PC Resa w- conditions. doc 1 I Commercial), as well as the standards within the Development Code. The Development Code requires that gas stations must apply for a Conditional Use Permit for the sale of beer and wine. The project is not less than 500 feet from a religious institution, school or a public park. . B. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures. The proposed gas station and convenience store is an approved project, currently in the building permit process. The applicant is requesting to sell beer and wine in the future convenience store. The proposed operation would not be unique or different from that of other gas station/mini markets in the area. The proposed operation will include adequate lighting both on the interior and exterior of the store, 24-hour employee supervision of the facility, closed circuit video monitoring system-with cameras located strategically throughout the property, and careful window sign and landscaping to avoid obstruction of visibility into and out of the facility. The proposed project will also provide additional convenience for the community and will allow the business at the project site to be competitive with other similar businesses selling beer and wine in the vicinity of the project site. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, wails, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the . Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed convenience store and associated gas pumps at the site will adequately provide all improvements including yards, walls, fences, parking and loading facilities,. buffer area, landscaping and all other features as required in the Development Code in order to integrate the use with other uses in the neighborhood. The applicant is requesting to sell beer and wine in the already approved convenience store. D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. To the south of the property there are existing single-family residences; however there is an open space buffer (the Temecula creek) between the development and the homes. In addition, the approved convenience store and gas station will be located within an approved shopping center. The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience to the community, which will reduce vehicle trips. Furthermore, the site is consistent with the City policies regarding separation of sensitive uses and the City Police Department has provided conditions of approval for the project and concurs with the request for the sale of alcoholic products at the project site. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. . G:\Planning\2005\PA05-0091 Circle K & Unocal-MCUP and PC&N\Planning\Draft PC Aeso w- conditions. doc 2 . . . The project has been reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Criteria to iustifv makinq a findinq of Public Convenience or Necessitv: A. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, and other special services)? No. The mini market/gas station offers customers the convenience of one-stop shopping for a variety of products, including gas for automobiles, and the applicant proposes the sale of beer and wine to include as a convenience to the store's patrons and to help reduce the need for additional automobile trips. B. Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? No. The proposed store offers many items and offers convenient and affordable shopping for all income levels, While the store will cater to various socio-economic classes, it cannot be anticipated that the proposed establishment will serve anyone particular socio-economic class, or an under-served population. C. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? No. The proposed operation would not be unique or different from that of other gas station/mini markets in the area. The proposed operation will include adequate lighting both on the interior and exterior of the store, 24-hour employee supervision of the facility, closed circuit video monitoring system-with cameras located strategically throughout the property, and careful window sign and landscaping to avoid obstruction of visibility into and out of the facility. D. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? Yes. The project is located on the corner of State Highway 79 South and Pechanga Parkway. The project is also located with an estimated three miles from the State 15 freeway on and off ramps; however there are existing gas stations/mini markets within this three miles. E. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? No. The establishment is not located in an area where there is a significant influx of population during seasonal periods. The establishment is located within an approved shopping center currently under construction. Pechanga Entertainment Complex is located an estimated four miles south west of the establishment, however it cannot be anticipated that a certain time period will create an increase of population. G:\Plann;ng\2005\PA05~0091 Circle K & Unocal.MCUP and PC&N\Planning\Draft PC Reso w- conditions. doc 3 F. Is there a proliferation of licensed establishments within the Census Tract of the . proposed establishment? Yes. According to the Department of Alcohol Beverage Control there currently is an over concentration of off-sale alcohol licenses within the subject Census Tract (0432.14). A total of twelve (12) off-sale licenses exist in this Census Tract and twelve (12) are allowed before it is considered "over-concentrated". G. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? No. Staff has conducted a SOD-foot radius search and verified that the proposed use is not closer than 500 feet from any religious institution, school or public park. H. Would the proposed establishment interfere with these sensitive areas? No. It is not anticipated that the proposed use would interfere with any sensitive areas. I. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? No. To the south of the property there are existing single-family residences; however there is an open space buffer (the Temecula creek) between the development and the homes. Furthermore, it is not anticipated that the addition of alcohol sales to a gas station/mini market would affect the quiet enjoyment of a property by residents. Therefore it is not anticipated the project would interfere with the quiet enjoyment of . property by residences. J. Will the proposed establishment add to law enforcement problems in the area? No. Any establishment selling alcohol has a potential to add to law enforcement problems, however, it is not anticipated that there will be any significant law enforcement problems in the area as a result of this project. The police department has provided conditions of approval for the project and concurs with the request for the sale of alcoholic products at the project site. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA05-0091 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1). The proposed project will not add square footage to an existing commercial building, located on the southeast corner of Highway 79 South and Pechanga Parkway (A.P.N. 961-010-004). Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Planning Application No. PA05-0091, a request for a Minor Conditional Use Permit to allow for the sale of beer and wine (Type 20 license, off-sale beer and wine) from an existing retail building located on the southeast corner of Highway 79 South and Pechanga Parkway, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. . G:\Planning\2005\PA05-0091 Circle K & Unocal-MCUP and PC&N\Planning\Draft PC Rese w- conditions.doc 4 . . . Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission on this 1 st day of June 2005. David Matthewson, Chairman ATTEST: Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of T emecula at a regular meeting thereof held on the 1 st day of June 2005, by the following vote: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0091 Circle K & Unocal.MCUP and PC&N\Planning\Draft PC Resa w- conditions.doc 5 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0091 Circle K & Unocal-MCUP and PC&N\Planning\Oratt PC Reso w- conditions.doc 6 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA05-0091 Project Description: Planning Application No. PA05-0091, a request for a Minor Conditional Use Permit and Public Convenience or Necessity findings to allow for the sale of beer and wine (type 20 license, off-sale beer and wine) from a 3,600 square foot gas station and convenience store currently in the building permit process, generally located near the south east corner of Highway 79 South and Pechanga Parkway, known as Assessors Parcel No. 961-010-004. Assessor's Parcel No.: 961-010-004 Approval Date: June 1, 2005 Expiration Date: June 1, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department 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 2. The applicant shall sign both copies of the final conditions of approval that will be provided b'y the Planning Department staff, and return one signed copy to the Planning Department for their files. 3. The applicant shall comply with the statement of operations for PA05-0091 on file with the Planning Division, unless superceded by these Conditions of Approval. 4. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 5. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's G:\Planning\2005\PA05-Q091 Circle K & Unocal.MCUP and PC&N\Planning\Draft PC Reso w- conditions. doc 7 own selection from any and all claims, actions, awards, judgments, or proceedings . against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 6. Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration. 7. If commencement of the use has not occurred within two years of approval of this permit, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. 8. The City, and its planning director, planning commission, and City council retain and reserve the right and jurisdiction to review and modify this conditional use permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any conditional use .permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not lieu of, the right of the City, its Director of Planning, Planning Commission, and City Council to review and revoke or modify any conditional use permit approved or conditionally approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance condition or other code violation thereon. . 9. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. 10. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 11. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 12. Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption shall abide by the following conditions: a. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988. . G:\Planning\200S\PAOS-0091 Circle K & Unocal-MCUP and PC&N\Planning\Draft PC Reso w- conditions. doc 8 . . . b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. No sale of alcoholic beverages shall be made from a drive-in window. No display or sale of beer or wine shall be made from an ice tub. No beer or wine advertising shall be located on motor fuel islands and no self- illuminated advertising for beer or wine shall be located on buildings or windows. c. d. e. 13. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. POLICE DEPARTMENT 14. Applicant has applied for a Type 20 (Off Sale Beer & Wine) (Package Store) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on premises. 15. Applicant will also compiy with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 16. Identification will be verified utilizing one of the following: a. A valid California Driver's License. b. A valid California Identification Card. c. A valid Military Identification Card. (Active/Reserve/Retired/Dependent). A valid Driver's License from any of the Fifty States or Territories of the United States. A valid U.S. Passport. A valid government issued identification card issued by a federal, state, county or City agency. d. e. f. 17. As noted above, only a valid government issued identification card issued by a federal, state, county or City agency is accE?ptable, providing it complies with the below requirements. (25660 Business and Profession Code). a. Name of person. b. Date of birth. c. Physical description. d. Photograph. e. Currently valid (not expired). 18. Applicant will ensure all employees involved with the" sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees working at the Circle K and Unocal Gas. Contact the Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. Training must be completed G:\Planning\200S\PAOS.0091 Circle K & Unocal-MCUP and PC&N\Planning\Draft PC Resa w- conditions.doc 9 prior to the grand opening of this business and periodic updated training when new employeesl management are hired. . 19. Any public telephones located on the exterior of the building should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 20. Miscellaneous: a. After Hours i. . Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00a.m. and 6:00a.m. of the same day. No person may knowingly purchase alcohol between 2:00a.m. and 6:00a.m. (Section 25631 B&P). Licensees may not permit patrons or employees to consume alcohol between 2:00a.m. and 6:00a.m. of the same day (Section 25632 B&P). Authority of Peace Officers/Refusing Inspection i. Police officers, sheriffs' deputies, and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legai right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections. 25616, 25753, and 25755 B&P; 148 and 241(b) PC) Concurrent Sales of Alcohol and Gasoline i. Licensees who sell both gasoline and alcohol must abide by the following conditions: . b. c. 21. No beer or wine within five feet of the cash register or front door (unless in a permanently affixed cooler since 1/1/88); 22. No alcohol advertisements at the fuel islands; 23. No alcohol sales from a drive-in window; 24. No alcohol sales from an ice tub; 25. No self-illuminated beer or wine advertisements on buildings or windows; and 26. Cashiers selling beer or wine between 10:00p.m. and 2:00a.m. must be at least 21. (Section 23790.5(d) B&P). a. Operating Standards, Retail - The following requirements apply to stores (license Type 20 and 21). i. Post "No Loitering" signs upon written notice from the ABC. . G:\Ptanning\2005\PAOS.0091 Circle K & Unocal-MCUP and PC&N\Planning\Draft PC Reso w- conditions.doc 10 . . . ii. Post "No Open Container" signs upon written notice from the ABC. iii. No alcohol consumption inside a store or outside a bar or tavern. iv. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open for business; v. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly. vi. Remove graffiti from premises and parking lot. vii. Have no more than 33% of windows covered with advertising or signs. viii. Have incoming calls blocked at pay phones upon request of local law enforcement or ABC. (See item 6 above.) ix. Have a copy of the operating standards available during normal business hours for viewing by the general public (Section 25612.5 (c) B&P) By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned 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's Printed Name Date Applicant's Signature G:\Planning\2005\PA05-0091 Circle K & Unocal-MCUP and PC&N\Planning\Draft PC Aeso w- conditions. doc 11 . . . ATTACHMENT NO.3 STATEMENT OF OPERATIONS G:\Planning\2005\PAOS-0091 Circle K & Unocal-MCUP and PC&N\Planning\STAFF REPORTdoc 9 . . . STATEMENT OF OPERATIONS Operations Each location employs approximately (15) employees including the manager, assistant manager and hourly staff. Each staff member is trained during their (3) day orientation which includes the following area: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Expectations Responsibilities Hazmat training Injury and illness prevention Cleanliness and housekeeping Tobacco and alcohol training Food service Merchandising Customer service Cash register We Care - We Card Program/Age comparison documentation C-store video surveillance Rainbow Service takes great pride in our training programs and the results they achieve. Each (6) months we conduct refresher training with the managers and cashiers at all locations with our Operations Supervisor. We employ an outside secret shopper that visits our locations to make sure employees adhere to company policies and procedures. Any employee, who violates company policy in terms of customer service or a violation with regards to alcohol and tobacco sales, is immediately terminated. Our standard shift schedules are listed below: . 6:00 AM - 2:00 PM (Manager on duty) . 2:00 PM - 11 :00 PM (Assistant Manager on duty) . 11 :00 PM - 6:00 AM (2 employees on duty over 21 years of age) Our Operations Supervisor has (24) hour live feed of all our locations on his laptop and consistently enforces policies and procedures. G:IPlanning\20051PA05,0091 Circle K & Unocal,MCUP and PC&NIPlanningISTATEMENT OF OPERATIONS.doc 1 . ITEM #4 . . . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 1, 2005 Prepared by: Matthew Harris Title: Associate Planner File Number PA04-0530 & PA04- 0531 Application Type: Major Modification to a Development Plan and Sign Program Amendment Project Description: Recommendation: (Check One) CEQA: (Check One) A Major Modification to a Development Plan to construct facade improvements, change paint colors on buildings, modify the existing parking lot design and institute a comprehensive amendment of an existing sign program for the Temecula Town Center shopping complex. The project site is generally located at the northeast corner of Ynez Road and Rancho California Road. [8] Approve with Conditions D Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial r2'l Categorically Exempt (Class) 1 & 11 D Notice of Determination 15301 & (Sections) 15311 D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR R:\Major Modification\PA04-0530 Temecula Town Center Renovation\STAFF REPORT.dot 1 PROJECT DATA SUMMARY . Applicant: Benson & Bohl Architects Completion Date: September 23, 2004 General Plan Designation: Community Commercial (CC) Zoning Designation: Community Commercial (CC) Site/Surrounding Land Use: Site: Shopping Center North: South: East: West: Vacant Commercial/Residential Commercial/R esidential Commercial BACKGROUND SUMMARY The majority owner of the existing Temecula Town Center shopping complex, Lakha Investments, is proposing a variety of modifications and revisions in order to upgrade and create a new image for the center which was constructed in the 1980's. Lakah Investments currently owns or controls all the buildings within the shopping center with the exception of the Target . building, Mobile gas station, Claim Jumper restaurant building, Wells Fargo building, medical building and office building (see sign program site plan). This project serves as one of the first comprehensive remodels to an older shopping complex within the City. The modifications/revisions include the following: Facade Modifications Facade modifications are proposed on nine of the existing twenty-four buildings within the shopping complex (see project site plan). These buildings house a variety of anchor, major and shop tenants. The other fifteen existing buildings within the complex are either not owned or controlled by Lakah Investments or are intended to be upgraded at a later date once the first phase is complete. Lakha Investments has indicated that they intend to work with the other property owners/tenants of these buildings over time in an effort to voluntarily complete additional building facade modifications in the future. The proposed modifications focus on the most distinctive design features of the center by removing the repetitive vault elements and green tile veneers and updating paint colors which currently date the buildings. The project architect is proposing a new theme for the center which plays upon both the agrarian and wine making characteristics of the Temecula area. Parkinq Lot Median Extension To improve circulation within the onsite parking area, Lakah Investments is proposing to eliminate a row of parking spaces and extend an existing landscaped median to create a better . defined drive aisle between the Sav-on building and the adjacent parking area to the east. . R:\Major Modification\PA04-0530 Temecula Town Center Renovation\STAFF REPORT.dot 2 . New Siqn Proqram Lakah Investments is also proposing to replace the existing sign program for the Temecula Town Center with a completely new contemporary document that serves to address wall mounted, freestanding and directional signage throughout the complex. The ,'new sign program compliments the proposed facade modifications to upgrade and provide a new image for the center. All buildings proposed to receive facade modifications would also receive new wall mounted signage in conformance with the proposed sign program. Wall mounted signage on the other buildings will be brought into conformance with the new sign program upon change of tenants with the exception of the following: Target building, Mobile gas station pad on Rancho California Road, Claim Jumper building, Wells Fargo building, Coldwell Banker building, Medical building and Office building at the northwest corner of the site. These buildings are not under the control of Lakah Properties and therefore, are not part of the sign program (See Exhibit A of Sign Program). . . Lakah Investments has control over the location of all proposed new and modified freestanding and directional signage onsite with the exception of the two new freestanding signs proposed along Ynez Road adjacent to the Wells Fargo and Medical buildings (see sign program site plan). To construct these two signs, written authorization must first be obtained from these two property owners prior to sign permit approval. ANALYSIS Buildinq Facade Modifications The scope of the proposed facade modifications on each of the nine buildings includes re-facing of all barrel vault roofs with decorative stucco elements that eliminate the barrel shaped appearance and the application of stucco over the existing green tile facia along the remainder of the facades. The existing brick and pre-cast concrete columns will remain. Six decorative steel grill designs will be incorporated into the new stucco ,facade elements and will extend down and connect to the ground within expanded planter areas allowing for flowering vines to grow up on inset wire mesh. A variety of decorative cornice treatments will also be applied at the top of the new stucco elements to provide interest and break-up the rooflines. In addition, pre-cast grapevine medallions will be applied on each side of the stucco elements to evoke the wine making theme throughout the center. The top of the main tower element located adjacent to the K-shops building will be modified to eliminate the barrel vault design and be replaced with a new decorative stucco element that emulates the new facade designs. The modified facades will be fully repainted with eight different stucco colors that will be mixed and matched throughout the center. In addition to the building improvements noted above, the existing water fountain feature below the main tower element will be repaired to be operational and additional landscaping and pottery will be added. ' The project architect has indicated that the existing barrel vault roofs over the building entrances cannot be eliminated without causing significant building alteration and cost. Therefore, the architect was limited in terms of the design of the facades because the entire barrel vauit roof element had to be disguised or covered over while remaining in place. Given this constraint, staff believes the proposed facade modifications are consistent with the City-Wide Design Guidelines given that 1) The main entrances to the shops remain well emphasized flanked with columns and decorative features and are punctuated by means of a change in roof line; 2) The modified buildings within the center will remain stylistically consistent in terms of architectural style, materials and form and serve to express a single theme; 3) The roof styles, building colors, R:\Majof Modification\PA04-0530 Temecula Town Center Renovation\STAFF REPORT.dot 3 materials, form and detailing achieve design harmony and continuity while upgrading the center . and creating a more contemporary look. Moreover, staff has determined that the proposed facade improvements continue to comply with all applicable development standards including building separation, setbacks and maximum height requirements. Parkinq Lot Median Planning and Public Works Department staff has reviewed the proposed median extension and believe it will improve internal vehicular circulation and safety within the center and enhance the .aesthetics of the onsite parking facilities. Even with the elimination of 30 parking spaces, staff has determined that onsite parking complies with minimum Development Code parking requirements. New Siqn Proqram Development Code Section 17.28.080 requires that a sign program be adopted whenever two or more businesses are proposed in a multi-tenant development. In addition, a sign program allows for flexibility in association with sign area, number of signs, location of signs and height of signs provided the program enhances the development and accomplishes the objectives of the Development Code. The Temecula Town Center has an existing adopted sign program. Lakah Investments is proposing that the existing sign program be replaced with a new contemporary sign program which will result in a modern look for the center. The new sign program proposes to modify wall sign provisions allowing a mixture of media forms and embellishments including dimensional geometric shapes, sculpted wood, metal or signfoam forms, neon accents, opaque acrylic materials with matte finishes, faux stone effect finishes and oxidized and patina finishes. In addition, a variety of sign illumination methods are proposed including reverse channel (halo) neon, open and/or exposed channel neon, silhouette illumination, internal or external illumination and custom light fixtures. A limited sign color palette is also proposed. The program identifies specific sign envelopes in which wall mounted signs and logos will be located on building. facades. A maximum of one square foot of sign area is permitted per lineal foot of leasehold frontage for all tenants. Maximum sign height is predicated on the specific classification of tenant ranging from a 3-foot maximum height for shOp tenants to a 9-foot maximum height for major tenants. The maximum length of all wall mounted signage is restricted to 75% of the width of the architectural element on which the sign is placed. Four square-foot projecting signs are also proposed above sl:1op entrances within the center. The program also proposes new or modified single and multi-tenant freestanding signage along both the Ynez Road and Rancho California Road street frontages. The existing vaulted brick and tile decorative sign caps will be replaced with decorative aluminum caps and supports which mimic the decorative metal designs on the buildings within the center. .In addition, a new shopping center identification iogo will be incorporated at the top of some multi-tenant signs. New shopping center identification signs (five on Ynez Road and four on Rancho California Road) will be mounted on the sides of the existing brick planters at each of the entrance drives into the center. At staff's recommendation, a decorative gateway arch sign is proposed to be erected across the width of the two main shopping center drives off Ynez and Rancho California Roads. These signs will not be located on the street frontages but will be visible from the streets and will serve to attract attention and draw motorists onsite. Seven directional signs are proposed within the interior of the center to assist both motorists and pedestrians (See sign . program site plan). R:\Major Modification\PA04.-0530 Temecula Town Center Renovatlon\STAFF REPORT.dot 4 . . . . Wall Mounted Signs Only one wall mounted sign provIsion, maximum number of signs per frontage, is being requested that is less restrictive than the Development Code requirement. All other proposed provisions associated with wall mounted signage meets the minimum requirements of the Development Code. MAXIMUM NUMBER OF SIGNS PER FRONTAGE '>, 'Jenant,"J;ype ); >};qpev:eQdEl,.ReauirElrilent , Proposed Number Major Tenant One Sign Per Tenant Frontage One Primary Sign & One SecondarY Loao Sian Single User Pad Tenant One Sign Per Tenant Frontage One Primary Sign & One Secondary Loqo Siqn Multi-Tenant Pad User One Sign Per Tenant Frontage One Primary Sign & One Secondarv Loqo Sian Shop Tenant Signage One Sign Per Tenant Frontage One Primary Sign & One Secondary Logo Sign Only If Shop Tenant Occupies Tenant Spaces Featuring Entrv Tower Element. Staff believes the proposed secondary logo sign request is appropriate given that the logo would be located on business entry tower elements which are large enough to accommodate the proposed signs without appearing out of scale with the architectural elements. Freestanding Signs Staff has determined that the shopping complex has a 1,575 foot long, frontage on Ynez Road and a 1,590 foot long frontage on Rancho California Road. Development Code Section 17.28.230.B.1 allows one freestanding tenant identification sign (multi or single tenant sign) per 300 lineal feet of street frontage for the shopping center. Based on this requirement, a total of five freestanding signs can be erected along both Ynez and Rancho California Roads. The applicant is proposing a total of seven freestanding tenant signs on Ynez Road and a total of nine freestanding tenant signs on Rancho California Road. Significant differences exist between the shopping center and street grades on both Ynez Road and Rancho California Road. These grade differences serve to limit the visibility and hide the businesses within the complex from passing motorists making on-street signage even more critical. Given this fact, staff believes the additional freestanding signage requested by the applicant is warranted. In addition, staff believes the designs of the proposed signage is appropriate and will not create sign clutter along either road frontage. Development Code Section 17.28.230.A.3 requires a 12-foot tall maximum sign structure height for both single and multi-tenant signs. The applicant is proposing 14'-6" tall sign structures. Staff believes the additional 2'-6" structure height is appropriate given the quality of the sign designs. R:\Major Modification\PA04-0530 Temecula Town Center Renovation\STAFF REPORT.dot '5 Development Code Section 17.28.230.A.4 requires a maximum 100 square feet of sign area for both single and multi-tenant signs. The applicant's freestanding signs exceed this maximum by as much as 40 square feet. Staff believes the sign area increases are appropriate given the previously identified street grade issue and given the quality of the sign designs. . Development Code Section 17.28.220.A allows for two freestanding shopping center identification signs per major entrance. The applicant ,is proposing to mount the signs on existing planter walls associated with existing freestanding signage at all center entrance drives. ' Staff believes the additional identification signs are appropriate given that the same type of planter already exists at each entrance and given that the scale and design of the signs would serve to formalize each entrance without causing sign clutter. There are no provisions for the proposed gateway arch signs within the Development Code. However, staff believes the signs should be included in the proposed sign program because the signs are designed with decorative wine country themed elements that will serve to announce the theme of the shopping center upon arriving onsite. Staff has determined that all proposed free standing signage along adjacent street frontages conform to applicable setback requirements and will be located outside of sight visibility areas. ENVIRONMENTAL DETERMINATION ~1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Class 1, Existing Facilities Section 15301 & Class 11, Accessory Structures, Section 15311) . CONCLUSION/RECOMMENDATION Staff has determined that the proposed fagade modifications, paint color changes, parking lot modifications and amended sign program, as conditioned, are consistent with the City General Plan, City-Wide Design Guidelines and Development Code. Therefore, staff recommends approval of the Major Modification to the Development Plan and Sign Program Amendment with the attached conditionsof approval. FINDINGS Development Plan (Code Section 17.05.01 OF) 1. The proposed use is in conformance with the General Plan, Specific Plan, and with all applicable requirements of state law and other City ordinances. The plan to construct facade improvements, change building paint colors and revise the onsite parking facilities is consistent with the General Plan, City-Wide Design Guidelines and Development Code. Moreover, the proposed project, as conditioned, incorporates architectural and landscape designs, which will achieve the City's General Plan Community Design Goal #3, "Preservation and enhancement of the positive qualities of individual districts or neighborhoods". . R:\Major Modif\cat\on\PA04.0530 Temecula Town Center Renovation\STAFF REPORT.dot 6 . . . 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff , prior to occupancy will inspect all construction. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Sign Program (Code Section 17.28.080.B 1. The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination sign type, or sign shape; b. The buildings and/or the developments they identify by utilizing materials, colors, or design motifs included in the building being identified; and, c. Surrounding Development by not adversely affecting surrounding land uses or obscuring adjacent approved signs; 2. The sign program accommodates future revisions which may be required due to changes in building tenants; and, 3. The proposed sign program satisfies the intent of Chapter 17.28, in that the sign program complies with all the regulations of Chapter 17.28, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of Chapter 17.28 as to sign area, number location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of the Chapter. ATTACHMENTS 1. Plan Reductions - Blue Page 8 2. Sign Program - Blue Page 9 3. PC Resolution 2005-_ (Major Modification to Development Plan) - Blue Page 10 Exhibit A - Draft Conditions of Approval 4 PC Resolution 2005-_ (Amendment to Existing Sign Program) - Blue Page 11 Exhibit A - Draft Conditions of Approval R:\Major Modification\PA04-0530 Temecula Town Center Aenovation\STAFF REPORT.dot 7 . . . 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'i I r I iiHPH "j! 'il ..;J II, ~ ~ , ~~ ,~~ [ '1;, , 1: - '" 'I, f-> " @ ~ ~ 0.. ~ ~ ~ f-> ~ -l ~ A ;:J ,; ~ ~ t , Cl ~ :r: ~ <r: . '[' ':'~:~~~~ '; ,. ('; _ r ", ..... .... ~!l i ~~ o ;. ~i~ I .. S < > ~~ .i " ~i ill Ii . l i / I , "g"Hll! ! 3~ ~S ~ .g .11 !.ll. ;'1 !l', ~ .. - .. '~ ~ 1, .."t~.,J ! ! ;: ::;j ~i~~ I' I' , \ 1 Iii r 'l""1 I 1'1 ! ~i1!' ~ (~r. , ;~lll' ! ~l . """1 ~! ~ :" . &~; ~ ~ ~ ~ " ~ ~ ~ ~ .. ~ ~ ~ ~ ~ - . 1.01 -" <I .. ~ ~ !il: " Ou 1Il. d/l. Z. O. ~~ 1Il< . ~ ffi U ~ o E-< <-<r: S ~. US ~U. ~~ . . . ATTACHMENT NO.2 SIGN PROGRAM R:\Major Modification\PA04-0530 Temecllla Town Center Renovation\STAFF REPORT,dot 9 !'~"""~'~"liml"~~ ',r ~,,'''''''''''.,):'I~~\?~,f; 'ft<::, iI'I - ;:. -, ,.J~~>,;;:;;:,;~_.$.<.~" \,;. Z , ""'''\~ 'ff""\ ,:::: L,l.J1 yr- ,- ~1' :J v. .'-. ' ',_d""" -" - ,.. r. " (j) !l~I~~'JljJm:0i1'~ ',/J E!h~.,.,.~..c""Pfm,,:;-~\l . ..................... . N . ...... ....... r-.. . . ................... 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(ij~ l:: .. .. :J a.", E ~ E E .- :J E<ii :J _ ro~ \JO... '" ~ ~ U"O :J ~11l'::: ~"E:rl rn::l '_ l:: 0 0 V)Vi~Q. Z t:l V) Cl.. o l- V) o '" .... v; ..J < ~ w !< L ~. f= z < :J CY o ...: .c '" 'w .c E :J E 'x .. E ';> is> ~ < Z CJ in -0 '" ~ l:: '" "0 l:: o u E .:! "0 '" :;; .. u .'" '" > a; :J: Iii ~ W D.. ~ "Oh~ "L '" ~ :E ;: oil "0 ~ >. l:: .;; :;; ,.;, '" > ., u '" 0= ~ "0 :;; "0 l:: .. ~ Vl w ~ .. .!; E ~ ~ o l:: ~ '" o "0 l:: '" V; v; a: 9 o u o z f= J: CJ :; ,,0-,9 "'t. . f'r) Q D.. o , .,.. II '" -- .,.. a; n; u VI . . . . . ATTACHMENT NO.3 PC RESOLUTION 2005-_ MAJOR MODIFICATION TO DEVELOPMENT PLAN R:\Major Modification\PA04-0530 Temecula Town Center Renovalion\ST AFF REPORT.dot 10 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0530, A MAJOR MODIFICATION TO A DEVELOPMENT PLAN TO CONSTRUCT FACADE MODIFICATIONS, CHANGE PAINT COLORS AND MODIFY AN ONSITE PARKING LOT IN ASSOCIATION WITH THE TEMECULA TOWN CENTER SHOPPING COMPLEX LOCATED AT THE NORTHEAST CORNER OF YNEZ ROAD AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR PARCEL NOS. 921-320-012, 016, 018, 021, 037, 038, 041, 045 & 921-320-052 THRU 061. WHEREAS, Benson & Bohl Architects filed Planning Application No. PA04-0530 (Major Modification to Development Plan), in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application as processed including, but not limited to a 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 1, 2005, 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 in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in approving the Application, hereby makes the following findings as required by Section 17.05.010F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan, Specific Plan, and with all applicable requirements of state law and other City ordinances. The plan to construct far;ade improvements, change building paint colors and revise the onsite parking facilities is consistent with the General Plan, City-Wide Design Guidelines and Development. Moreover, the proposed project, as conditioned, incorporates architectural and landscape designs, which will achieve the City's General Plan Community Design Goal #3, "Preservation and enhancement of the positive qualities of individual districts or neighborhoods". R\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc I B. The overall development of the land is designed for the protection of the public . health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff prior to occupancy will inspect all construction. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be categorically exempt pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines. Section 4. Conditions. The City of Temecula Planning Commission hereby conditionally approves the Application, a request to construct facade modifications, change paint colors and modify an onsite parking lot in association with the Temecula Town Center shopping complex with conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 st day of June 2005. ATTEST: David Mathewson, Chairman . Debbie Ubnoske, Secretary [SEAL] . R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 2 . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of June 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary R\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 4 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0530 Project Description: A Major Modification to a Development Plan to construct facade improvements, change paint colors and modify an onsite parking lot in association with the Temecula Town Center shopping complex located at the northeast corner of Ynez Road and Rancho California Road. DIF Category: N/A MSHCP Category: N/A Assessor's Parcel Nos.: 921-320-012, 016, 018, 021, 037, 038, 041, 045 & 921- 320-052 thru 061. Approval Date: June 1, 2005 Expiration Date: June 1, 2007 . PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project . 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department 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 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 5 condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. . 3. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 4. This approval 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 contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 5. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 7. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. . 8. All mechanical and roof equipment shall be fully screened from public view by being placed below the surrounding parapet wall. 9. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 10. A separate building permit shall be required for all signage. 11. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution. 12. The condition of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for it's decision. Material Finish and Color Metal Roof Paint Concrete Roof Tile Stucco Color Frazee 7826A - Ayres Rock Eagle Flat 4615 - Weathered Teracota Frazee 7784M - Nullabor Sand . R:\Major Modificatioo\PA04-0530 Tcmecula Towll Center Renovation\PC RESOLUTION AND COAdoe 6 . Stucco Color Frazee 8234M - Daplin Stucco Color Frazee 8205D - Brass Bucket Stucco Color Frazee 8185D - Ardmore Green Stucco Color Frazee 8223N - Sienna Sand Stucco Color Frazee 8386N - Winestain Stucco Color Frazee 7755D - Tannery Trellis Paint Olympic Solid Body Stain -Chamoix Metal Mesh Frazee 8243M - Amber Waves 13. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. Prior to Issuance of Building Permit 14. A Consistency Check fee shall be paid per the City of T emecula Fee Schedule. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, 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 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 approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall beresponsible to carry out the detailed program. 16. The Planning Director shall approve the Construction Landscaping and Irrigation Plans. 15. . Prior to Final Inspection 17. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the final inspection. 18. . Prior to final inspection, all building and site improvements including but not limited to parking areas and striping shall be fully installed. R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COAdoc 7 19. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. . DEPARTMENT OF PUBLIC WORKS 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 site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 20. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street 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 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 mylars. Prior to Issuance of a Building Permit 23. The speed undulation located at the Town Center Drive/Hope Way entrance into the . center shall be removed. 24., A Grading Plan for the raised landscaped median shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 25. 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. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over AC. paving. 26. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the . R:\Major Modification\PA04-0530 Tcmecula Town Center Renovation\PC RESOLUTION AND COA.doc 8 . . . approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. Prior to Issuance of a Certificate of Occupancy 27. 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 c. Department of Public Works 28. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING AND SAFETY DEPARTMENT All design components shall comply with applicable provIsions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. For any proposed addition in square footage. 30. 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. 29. 31. A receipt Dr clearance Jetter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. For any proposed addition in square footage. 32. Obtain all building plans and permit approvals prior to commencement of any construction work. 33. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 34. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doe 9 35. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. As applicable to scope of work proposed. . 36. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. As applicable to scope of work proposed. 37. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 38. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 39. Trash enclosures, patio covers, light standards, and any block walls if not on the . approved building plans, will require separate approvals and permits. 40. Show all building setbacks. 41. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, 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. 7:00 a.m. - 6:30 p.m. . Saturday No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES DEPARTMENT General Conditions 42. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. Prior to Issuance of Building Permit 43. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. . R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 10 . . . OUTSIDE AGENCIES 44. The property owner shall comply with the attached correspondence from the Rancho California Water District dated October 13, 2004. 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's Signature Date Applicant's Printed Name R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 11 Rancho Water Board of Dircdors John E. Hoagland President Csabu F. Ko Sr. VjmPrcsident Stephen J. Corona Ralph H. Daily Ben R. Drake Lisa D. Herman MkhncJ R. McMillan Officers: Brian J. Brady Gcnen,lil.1rmagcr Phillip L. Forbes Director ofFimmce-Trea>;urcr ..P. ''Bob'' Lemons lirectorofEngineering: Perry R. Louck Contrullcr Linda M. Fregoso District SccrctarylAdministratin' S<.'fvice.<<I\1flnagcr C. Michael Cowctt Best Best & Krieger LLP General Counsel October 13, 2004 ~~O~T~ ~ ;~D~~J By d Matthew Harris, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: TEMECULA TOWN CENTER RENOVATION PARCELS NO.3, NO.4, NO.5, NO.8, NO.9, NO. 11, NO. 13, NO. 14, AND NO. 17 OF PARCEL MAP NO. 22863 APN 921-320-012, APN 921-320-018, APN 921-320-021, APN 921-320-038, APN 921-320-045, APN 921-320-048, APN 921- 320-052, APN 921-320-056, AND APN 921-320-058; P A04-0530 [BENSON AND BOHL ARCHITECTS] Dear Mr. Harris: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). RCWD owns, operates, and maintains a water system within the Temecula Town Center that may be affected by the proposed project. Of particular concern is the reconstruction of any medians or other features which may overlie RCWD's water facilities. The applicant should be required to show the existing water facilities on their proposed development plan together with RCWD easements. Any work within these easements or in the vicinity of water pipelines or appurtenances should be approved by RCWD prior to construction. Facility location by Underground Service Alert is required before any excavation. If you should have any questions, please contact me at this office at (951) 296- 6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT - ~.7n Mic ael G. Meyerp:te;, II Development Engineering Manager 04\MM:atl67IFCF Rancho California Water District 4213fl Winchester RO.ld . Po~t orner, Box 9017 . Tcmecu!a, California 92!l89-9017 . (9fll) 29(}.6900 . FAX (gill) 29(;-GR60 . . . ATTACHMENT NO.4 PC RESOLUTION 2005-_ AMENDMENT TO EXISTING SIGN PROGRAM R:\Major MQdific3tion\PA04-0530 Temecula Town Center Renovation\STAFF REPORT.dot 11 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0531, A COMPREHENSIVE AMENDMENT.TO AN EXISTING SIGN PROGRAM FOR THE TEMECULA TOWN CENTER SHOPPING COMPLEX LOCATED AT THE NORTHEAST CORNER OF YNEZ ROAD AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR PARCEL NOS. 921-320-012, 016, 018, 021, 037, 038, 041, 045 & 921-320-052 THRU 061. WHEREAS, Benson & Bohl Architects filed Planning Application No. PA04-0531 (Sign Program Amendment), in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application as processed including, but not limited to a 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 1, 2005, 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 in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in approving the Application, hereby makes the following findings as required by Section 17.28.080.B of the Temecula Municipal Code: A. The proposed signs enhance the development, and are in harmony with, and visually related to: 1. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination sign type, or sign shape; 2. The buildings and/or the developments they identify by utilizing materials, colors, or design motifs included in the building being identified; and, R:\Major Modification\PA04-0530 Tcmecula Town Center Renovation\PC RESOLUTION AND COA.doc 12 3. Surrounding Development by not adversely affecting surrounding land uses or obscuring adjacent approved signs; . B. The sign program accommodates future revisions which may be required due to changes in building tenants; and, C. The proposed sign program satisfies the intent of Chapter 17.28, in that the sign program complies with all the regulations of Chapter 17.28, except that flexibility is allowed with regard to sign area, number, location and height. Further to the extent the sign program does not comply with the requirements of Chapter 17.28 as to sign area, number location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of the Chapter. ' Section 3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be categorically exempt pursuant to Class II, Section 15311 (Accessory Structure) of the California Environmental Quality Act Guidelines. Section 4. Conditions. The City of Temecula Planning Commission hereby conditionally approves the Application, a request to construct facade modifications, change paint colors and modify an on site parking lot in association with the Temecula Town Center shopping complex with conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula . Planning Commission this 1 st day of June 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:\Major Modification\PA04-0530 Temecula Town Cenler Renovation\PC RESOLUTION AND COA.doc 13 . . . ) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that"PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of June 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COAdoc 14 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\Major Modification\PA04~0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 15 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0531 Project Description: A Comprehensive Amendment to an Existing Sign Program for the Temecula Town Center shopping complex located at the northeast corner of Ynez Road and Rancho California Road. DIF Category: MSHCP Category: N/A N/A Assessor's Parcel Nos.: 921-320-012, 016, 018, 021, 037, 038, 041, 045 & 921- 320-052 thru 061. Approval Date: June 1, 2005 June 1, 2007 Expiration Date: PLANNING DEPARTMENT . Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department 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 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. The City shall be deemed for purposes of this condition, to include any agency or instrumentaiity thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and iandowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. . R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 16 3. The permittee shall obtain City approval for any modifications or revisions to the approval of this sign program. . 4. Upon change of business of all properties owned by Lakah Investments, all existing non- conforming signage shall be brought into conformance with the provisions of this sign program. 5. Prior to installation of freestanding signage on the Wells Fargo and One-Story Medical Building Parcels (as shown Sign Program Site Plan Exhibit A) written authorization shall be obtained from affected property owners to implement the sign program on their properties and authorize associated sign permits. .6. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 7. A separate building permit shall be required for all signage. 8. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution. BUILDING DEPARTMENT 9. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 10. 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. As applicable. . 11. Obtain all building plans and permit approvals prior to commencement of any construction work. 12. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 13. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. For structural work proposed. 14. Provide electrical plan including load calculations for plan review. As applicable. 15. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. . R:\Major Modification\PA04-0530 Tcmecula Town Center Renovation\PC RESOLUTION AND COA.doc 17 . . . 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 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's Signature Date Applicant's Printed Name R:\Major Modification\PA04-0530 Temecula Town Center Renovation\PC RESOLUTION AND COA.doc 18 . ITEM #5 . . . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: June 1, 2005 Prepared by: Stuart Fisk, AICP Title: Associate Planner File Number: Application Type: Development Plan PA04-0563 Project Description: A Development Plan to construct and operate a 37,173 square foot mixed-use retail/office/restaurant center on 5.6 acres located at the southwest corner of Overland Drive and Margarita Road, known as Assessor Parcel No. 921-810-026. Recommendation: (Check One) ~ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CEQA: (Check One) o Categorically Exempt (Class) ~ Notice of Determination (Section) 15162 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR PROJECT DATA SUMMARY Applicant: Matthew Fagan Completion Date: .October 28, 2004 Mandatory Action Deadline Date: June 1, 2005 General Plan Designation: Community Commercial (CC) Zoning Designation: Community Commercial (CC) R:\D P\2004\04-0563 Margarila Crossings Shopping Center\STAFF REPORT.doc , . I Site/Surrounding Land Use: . Site: Vacant North: South: East: West: Retail/Restaurant Parking (Guidant) Multi-Family Residential Vacant Lot Area: 5.6 acres Building Area/Coverage: 15.3% Landscape Area/Coverage: 22.4% Parking Required/Provided: 144 spaces required/205 spaces provided BACKGROUND SUMMARY 1ZI1. Staff has worked with the applicant to ensure that all concerns have been addressed; however, the following issues have not been resolved to the satisfaction of staff: a. Building orientation is completely toward the parking lot, so that close-range street views of the project are limited to the rear elevations of the buildings. b. The lack of architectural treatment to the elevations of Building A that face . Overland Drive and Margarita Road and the elevations of Building B that face Margarita Road and Nicole Lane. c. The unfinished appearance of the stone-faced parapet at the west and south elevations of Building D. 1Z12. The attached "Project Review Worksheet" has been completed and staff has determined that the proposed project is consistent with the General Plan, City-Wide Design Guidelines, and the Development Code, assuming the design concerns are addressed. ANALYSIS Site Plan The project site is located at the southwest corner of Overland Drive and Margarita Road. Building A is an office building located at the corner of Overland Drive and Margarita Road; Building B is an office building located at the northwest corner of Margarita Road and Nicole Lane; Building C is a retail building located along Nicole Lane; Building D is a restaurant building located at the southeast corner of Overland Drive and Nicole Lane; and Building E is a retail building located along Overland Drive. All of the proposed buildings are one-story buildings. The building setbacks meet the requirements of the Development Code and the proposed 15.3% lot coverage is well below the maximum permitted lot coverage of 30%. The Public Works Department has analyzed the projected traffic impact of the project and has . determined that the impacts are consistent with the traffic volumes projected for the site by the R:\D P\2004\Q4-0563 Margarita Crossings Shopping Center\STAFF REPORT.doc 2 . . . previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Staff has expressed concerns to the applicant regarding the proposed building orientation. The City's architectural consultant and staff believe that the street views could be made more compelling and inviting if the buildings were rearranged so that Building A was angled at the corner of Overland Drive and Margarita Road, and if Building B was shifted 15 feet to the north to better align with Building C. Staff believes that this would help to emphasize the views of the site (as see from the streets) beyond the rear of the buildings and toward the interior of the site. Staff recommends that the project be conditioned (condition no. 18) to revise the site plan to angle Building A at the corner of Overland Drive and Margarita Road and to shift Building B 15 feet to the north of its proposed location. The applicant disagrees and has chosen to not modify the site plan layout. Parkinq/Circulation For shopping centers with over 25,000 square feet of gross floor area, the Development Code requires 1 space/300 square feet of gross floor area. In addition, for restaurant areas occupying more than 15 percent of the total shopping area gross floor area, 1 space/100 square feet of gross restaurant floor area is required. Based on the proposed uses, staff has determined that 144 parking spaces are required to serve the entire center. A total of 205 spaces will be provided. Vehicular access to the site will be taken from ingress/egress driveways located off Overland Drive and Nicole Lane. Pedestrian access includes walkway access from Overland Drive and Nicole Lane that provides pedestrian links to all of the proposed buildings on the project site. The arrangement of drive aisles and walkways on the site provides for good vehicular and pedestrian circulation throughout the site. The walkways create an environment with safe and convenient pedestrian interaction between businesses. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency services. Architecture Overall, the architectural style of the buildings is consistent with the Development Code and General Plan criteria by offering distinctive styling, accenting and articulation. The buildings are designed to be compatible with each other, with the multi-family homes located to the east of the project site, and the restaurant, retail and office buildings located to the north. Staff and the City's architectural consultant are concerned with the lack of architectural treatment to the elevations of Buildings A and B that face Overland Drive, Margarita Road, and Nicole Lane. The buildings will be situated approximately eleven feet below the elevation of the streets. Windows are located at the lower levels of the elevation to a maximum height of approximately 7 feet, with blank wall areas above the windows. This results in large blank wall areas being the primary visual of the buildings from the street. Staff recommends that the project be conditioned (condition no. 19) to revise these elevations to include architectural treatment of the walls to minimize blank wall areas. Staff has also expressed concerns to the applicant regarding what staff believes to be an unfinished appearance of the stone-faced parapet at the west and south elevations of Building D. Staff recommends that the project be conditioned (condition no. 20) to add a running cap of barrel tiles along the stone-faced parapets to present a finished edge and to integrate the R:\D P\2004\04-0563 Margarita Crossings Shopping Center\STAFF REPORT.doc 3 parapets with the tile roofs present on the remainder of the building. The applicant has been presented with these concerns and has chosen to not revise the plans. . Landscapinq The project proposes to landscape 54,250 square feet or approximately 22.4% of the site, which exceeds the minimum requirement of 20% per the Development Code. The landscape plan conforms to the landscape requirements of the Development Code and the Design Guidelines. Tree and shrub placement around the perimeter of the buildings will define the project area as will the selective use of accent trees and shrubs throughout the site. Proposed trees include Blue Palo Verde, Pink Dawn, Crape Myrtle, Chinese Flame, Olive, Date Palm, Pink Flowering Locust, and California Pepper trees. Proposed shrubs and vines include Lily of the Nile, Day Lily, Rosemary, Yankee Point Ceanothus, New Zealand Flax, Purple Rockrose, Star Jasmine, Carolina Jessamine, Chaparral Honeysuckle, and Banks Rose. ENVIRONMENTAL DETERMINATION I2J 1. A Negative Declaration (Environmental Assessment EA-096) was adopted by the City Council on January 14, 2003, to change the zoning of this parcel to Community Commercial. Per Section 15162 of the State CEQA Guidelines, when a Negative Declaration has been adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines that substantial changes are proposed or will occur, or that new information of substantial importance is available. Staff has determined that the proposed project is consistent with the adopted Negative . Declaration and no new information of substantial importance regarding the environmental review of the project has arisen since the adoption of the Negative Declaration. Therefore, further environmental review is not required for the project. CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission adopt a Resolution approving the Development Plan with the attached conditions of approval. The deficiencies noted on page two of this report have been resolved through adding conditions of approval. FINDINGS Development Plan (Code Section 17.05.010.F) 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. As conditioned, the proposal is consistent with the General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including retail, professional office and service-oriented businesses, as typical uses in the Community Commercial designation. . The proposed project is consistent with the use regulations outlined in the Development Code for the Community Commercial zoning district. The Land Use Element of the R:\D P\2004\04-0563 Margarita Crossings Shopping Centcr\STAFF REPORTdoc 4 . . . General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial and multi- family residential buildings currently located adjacent to the proposed site. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. ATTACHMENTS 1. Project Review Sheet - Blue Page 6 2. Vicinity Map - Blue Page 7 3. Plan Reductions - Blue Page 8 4. PC Resolution No. 2005-_ - Blue Page 9 Exhibit A - Conditions of Approval R:\D P\2004\04-0563 Margarita Crossings Shopping Center\STAFF REPORTdoc 5 . . . ATTACHMENT NO.1 PROJECT REVIEW WORKSHEET R:\D P\2004\04-0563 Margarita Crossings Shopping Center\ST AFF REPORTdoc 6 . . . ( (" PROJECT REVIEW WORKSHEET Development Plan Commercial planning Applicatiori Number: (Planning Department use only) fA 0'1- 0 'i~J Cc. Consistent? 1. General Plan Designation: c.c. Consistent? 2. Zoning Designation: 3. Environmental Documents Referred to in Making Determination: ~ J8 ~ ~ ~ ~ ~ ~ .cId General Plan EIR Sensitive Biological Habitat Map Sensitive Archeological Area Map Sensitive Paleontological Area Map Fault Hazard Zone Map Subsidence/Liquefaction Hazard Map 100 Year Flood Map Future Roadway Noise Contour Map Other (Specify) 10 io ell"". ft/"r'f>. Previous EIR/N.D. (Specify Project Name & Approval Dati' -P--4 q1 - OZTI P4-DI ~DL{r?5' t::::A ~ '(FIfO &4 . Submitted Technical Studies (Specify Name, Author & Date): fiRe.: /11 ) 2-><>\ r.Mw.c/A. e/; /All (J/O vr "" (;,0$$(0(, J { } Other: A ~..;....l fe.~; 4....J"",. lAy"/' ,pr 3 4. Environmental Determination: 0 Exempt o Mitigated Negative Declaration o Negative Declaration o EIR .. G~.JJ, .~J- ;2.t.A~~ S/~~/"7 o 10 Day Review o 20 Day Review o 30 Day Review 5. General Plan Goals Consistency: Consistent I Inconsistent o o o Land Use Circulation Housing (~I A) R:\FORMS\APPUCA TlONS\Updated AppJic.ations\Development Plan Commercial Revised IO..Q4.doc 14 Consistent Inconsistent o o o o o o o (~' -- C' PROJECT REVIEW WORKSHEET Development Plan Commercial OSIConservation L,J/I/) Growth ManagemenUPublic Facilities Public Safety Noise Air Quality Community Design . Economic Development . 6. City-wide Design Guideline Consistency: A. How does the placement of building(s) consider the surrounding area character? J . f.,"'J;J/rllf /oJ 6"M;(j I 4c.u,... Ju.4 I ) B. How do the structures interface with adjoining properties to avoid creating n~iJan.ces and hazards? fI/(Jpt ~J.)J d..HI/Auf 10 flIJ-ti C? O:>~J C. How does the building placement allow buildings rather than parking lots to define the street edge? Pri),41j Jilt r/J1:r It4AJ ;t..:> ~'~:.u ParkinG and Circulation: o Site Planninq: o . A. How does the parking lot design allow customers and deliveries to reach the site, circulate through the parking lot, and exit the site easily? jilt ~.w," -h'",'f,J..lts ;/...,<- r/>(~. B. How does the parking lot design provide safe and convenient access to pedestrians and bicyclists? ilw.f1 PVI\ I..;/u. 4~.J I- .N~U/4fk, ~ .fI.. S;Jt.. C. How are the service facilities within the parking lot screened or buffered from public view? 3V>'<tl (J. 7 J~ d;fA.'fAli~J /..~'I>~ M-.$J"k o BuildinG Architecture: A. HO)N d?es the build~ng design ~rovide articulation of the building mass? Vet hc.J I- h.orr lDIlJp.( cA, fie r U) t-o(.,r) I- ........ fill I . R:\FORMS\APPLiCA TlONS\Updated Applications\Development Plan Commercial Revised 10-04.doc 15 . . . (~. C PROJECT REVIEW WORKSHEET Development Plan Commercial B. How is each building "stylistically" consistent with all buildings in a complex, and on all elevations to achieve design harmony and continuity within itself? "2:C (i....;}ev c.l/~r j .r Ih{il!r/,'~ th "..ul/ Ii, AIM>,' ~s~. C. How does the placement of buildings create a more functional or useful open space between the buildings andlor the street? . . . ~ 1(1it~ -(/t>w~ ;:;- r{J.."'b 1(J4'" ~ /twIJ~ ~4). D. How do each of the architectural elements (building base, windows, doors and openings, cornice and parapet, roofline, and finish materials meet the in}pnt of the design guidelines? J, A 11:11..1.( ~ IL l((~ _t<- ;"c..orf~ <<INUX. ,\(.. .jl,. viO)),) , o Landscapinq: A. Does the plan provide the following ratio of plantings? p Yes 0 No, why? Trees 10% 36" Box 30% 24" Box 60% 15 Gallon Groundcover 100% Coverage In One Year Shrubs 100% 5 Gallon B. Does the landscaped area, ratio, spacing, and size conform with the design guidelines? @' Yes . 0 No C. How does the internal site landscaping frame the building(s) and separate them from the surrounding pavements? G....,,,t S iXA /,-,..{ r( tp.h.".,J.4p.J, , D. How does the patio and street' furniture, fixtures, walls and fences integrate wit~t ::.. he architecture. and Ian. dscaping? ~wdl .. 7. Development Code Consistency: A. How does the plan achieve the performance standards specified in Code Section 17.08.070? R:\FORMS\APPLICATlONS\Updated Applications\Development Plan Commercial Revised IO-04.doc 16 {-~ , , ' PROJECT REVIEW WORKSHEET Development Plan Commercial (-- \, Circulation: Cclt),lkll f- . Architectural DesiQn: c.....-S~ r Site PlanninQ and Desion: UM); > ,k-.-t' Compatibility: Collli>J.......4- B. Does the application and submitted plans on file conform with all of the applicable minimum development standards? C%f-Yes, with conditions o No Net Lot Area: Total Floor Area: Floor Area Ratio: Lot Coverage: t "lz..) }'U 3 'J./ 11'3 ..S- f) . (, 01. . ;z.o ~~ , Arch.lPaleo Itat Fault Zone Subs.lLiqfctn Flood Stream/Creek Noise Air Quality North East West South . 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Ii );r i' i I i 1m Illl ml1 i :f>",. . h.-=-l-~~, ...... . i:~ . . --' . ."'... ...,..., -,''" =t n:l '.' ..' "~\; --+- !-!~) ~) --.,;,-" .......... ~,...'''1d,~''' r ~Il' 1,',1 :illl*I' ;I'I'~! ",1'1'1 "11.. ~~ "'1'1' ~fl ~,~ ."iii',' ~s~,.~ B ....".. g",~-;-'tf. .' ~~ ~ , , " ~ WlmllJ[iJ ''i' T ~ (~) 'ell "'?, . ht "i !~ . 8~; ii, I , i.< , !, ~ "; ~_ n ~ d' ~ .< ~i r'i"!l!!;' ~! ~~~ ~ b ~!~ ~~ ~a; J;. !~~. .r,'" !"'!" ,> ..2<:: ~~ ~V I~! ,!! ~. :1. ,i r ~ I I --~----- ------( o I o I i l' o r-'-'-- o I o I -~----{~ ! d lil m I I o I I o I '~ --.--l---.,.. I o I I o I o J ':;C.J "0/---- ij ~}___m I o t_ o I I I o I ) 'cY @ " i._,:,) , "; I 11 .; !, I !. ,. l " "I !! .! =i I" I, ,. ., II !:? ~i~ I l ID gl ~:~ i., H~ i~r .,l '.1 I~i jil' (: .il hi z "' -' .. Ie> 0;:' 0'- cr;; ....E l' --_.~ (C . . . ATTACHMENT NO.4 PC RESOLUTION NO. 2005-_ R:\D P\2004\04-0563 Margarita Crossings Shopping Center\STAFF REPORT-doc 9 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0563, A DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE A 37,173 SQUARE FOOT MIXED-USE RETAIUOFFICElRESTAURANT CENTER ON 5.6 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF OVERLAND DRIVE AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 921-810-026. WHEREAS, Matthew Fagan, representing Temecula MO, LLC, filed Planning Application No. PA04-0563 (Development Plan), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA04-0563 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA04-0563 on June 1,2005, 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 in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA04-0563 subject to the conditions after finding that the project proposed in Planning Application No. PA04-0563 conformed to the City of Temecula General Plan and Development Code; WHEREAS, all legal preconditions to the adoption of this resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES HEREBY 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. The Planning Commission, in approving Planning Application No. PA04-0563 (Development Plan) hereby makes the following findings as required by Section 17.05.01 O.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. As conditioned, the proposal is consistent with the General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including retail, professional office and service- oriented businesses, as typical uses in the Community Commercial designation. The proposed project is consistent with the use regulations outlined in the Development Code for the Community Commercial zoning district. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial and multi-family residential buildings currently located adjacent to the proposed site. R:\D P\2004\04*0563 Margarita Crossings Shopping Center\Draft Resa & COAs.doc 1 B. The overall development of the land is designed for the protection of the public . health, safety, and general welfare. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Compliance. A Negative Declaration (Environmental Assessment EA- 096) was adopted by the City Council on January 14, 2003. Per Section 15162 of the State CEQA Guidelines, when a Negative Declaration has been adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines that substantial changes are proposed or will occur, or that new information of substantial importance is available. Staff has determined that the proposed project is consistent with the adopted Negative Declaration and no new information of substantial importance regarding the environmental review of the project has arisen since the adoption of the Negative Declaration. Therefore, further environmental review is not required for the project . Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA04-0563 (Development Plan) to construct and operate a 37,173 square foot mixed-use retail/office/restaurant center with conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning . Commission this 151 day of June, 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEALJ . R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 2 . . . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of T emecula at a regular meeting thereof held on the 1 s/ day of June, 2005, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL DEVELOPMENT PLAN R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 4 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0563 Project Description: A Development Plan to construct and operate a 37,173 square foot mixed-use retail/officelrestaurant center on 5.6 acres located at the southwest corner of Overland Drive and Margarita Road. Assessor's Parcel No.: 921-810-026 MSHCP Category: DIF Category: Commercial Retail Commercial, Service Commercial, and Office TUMF Category: Retail and Service Approval Date: June 1, 2005 Expiration Date: . June 1, 2007 . WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT . Planning 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 site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department 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)). 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:\D P\2004\04.0563 Margarita Crossings Shopping Center\Draft Resa & COAs.doc 5 . . . PRIOR TO ISSUANCE OF GRADING PERMITS R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Rasa & COAs.doc 6 . . . PRIOR TO ISSUANCE OF GRADING PERMITS Planning Department' 3. Double detector check valves shall be clustered with fire hydrants and Fire Department Connections and shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. 4. Provide the Planning Department with a copy of the underground water plans and electrical plan~ for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 5. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 6. 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. 7. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 8. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeoiogical/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult andlor authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the . property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." Public Works Department 9. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 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. A Soil Report 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 10. 11. R:\D P\2004\04~0563 Margarita Crossings Shopping Center\Draft Resa & COAs.doc 7 shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 12. The 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 upstream of 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 and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. . 13. NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Co.nstruction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. . Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 14. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. Department of Public Works 15. 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. 16. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 17. 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. R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 8 . . . . . . PRIOR TO ISSUANCE OF A BUILDING PERMIT R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Resa & COAs.doc 9 . PRIOR TO ISSUANCE OF A BUILDING PERMIT Prior to the issuance of any building permit, the Developer shall design the following features into the approved construction plans, or submit the appropriate information as required below. Plans shall be reviewed and approved by the City of Temecula prior to issuance of a building permit. . Planning Department 18. The site plan shall be revised to angle Building A at the corner of Overland Drive and Margarita Road and to shift Building B 15 feet to the north of its proposed location, subject to review and approval by the Director of Planning. 19. The elevations of Building A and Building B that face a public right-of-way shall be revised to include architectural treatment of the walls to minimize blank wall areas, subject to review and approval by the Director of Planning. 20. A running cap of barrel tiles shall be added to Building D along the stone-faces parapets at the west and south elevations to present a finished edge and to integrate the parapets with the tile roofs present on the remainder of the building, subject to review and approval by the Director of Planning. 21. The final construction plans shall include a photometric plan showing foot-candle illumination in the parking lot, driveways, drive aisles, pedestrian paths of travel, building entrances, and at property lines. A minimum of one-foot-candle illumination shall be maintained throughout the site and a minimum of two foot-candle illumination shall be provided at primary building entrances. . 22. Building plans shall indicate decorative lighting fixtures at the primary entries of each building, subject to the approval of the Director of Planning. Details of all exterior light fixtures, including decorative entry lighting and wall mounted lighting, shall be provided on the building plans. Wall-pack lighting at service doors that are visible from the public-right- of-way is prohibited unless screened by canopies. 23. The final construction plans shall indicate the installation of bicycle parking facilities consistent with Section 17.24.040.G of the Development Code. 24. Sign Program application PA05-0064 shall be reviewed and approval by the Planning Commission prior to issuance of a building permit. All signage shall comply with the approved sign program. 25. Colors and materials for all on-site fences and wall shall be reviewed and approved by the Director of Planning. 26. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, 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 plans shall be accompanied by the following items: . R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Resa & COAs.doc 10 27. a. Appropriate filing fee (per the City of T emecula Fee Schedule at time of submittal). Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. CWbs, walkways, etc. are not to infringe on this area. Provide 20% 36-inch box, 30% 24-inch box, and 50% 15 gallon tree sizes or larger. Provide landscaped berms along parking areas located adjacent to public streets to provide screening of the parking areas. Provide color and finish details for all decorative hardscape throughout the project site. Decorative hardscape shall be provided at all primary building entrances and outdoor gathering areas. Provide an agronomic soils report with the construction landscape plans. One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. b. c. d. e. f. g. h. i. j. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after- thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 28. Building plans shall indicate that all roof hatches shall be painted "International Orange". 29. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 30. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 31. Public Works Department Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subjectto approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 11 . . . . . . b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of T emecula Standard No. 400. All street and driveway centerline intersections shall be at 90 degrees. Improve Overland Drive (Major Highway Standards - 100' R/W) to include modification to the existing raised landscaped median. c. d. e. f. 32. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 33. The 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 Works. a. Street improvements, which may include, but not limited to: medians, drive approaches, signing and striping. b. Storm drain facilities. c. Sewer and domestic water systems. d. Under grounding of proposed utility distribution lines. 34. The Developer shall construct a right-in, right-out only driveway along Overland Drive to the satisfaction of the Director of Public Works. 35. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of 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. 36. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Overland Drive. 37. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 38. 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 T emecula Municipal Code and all Resolutions implementing Chapter 15.06. 39. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building & Safety Department 40. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; R:\D P\2004\04-0563 Margarita Crossings Shopping Cen1er\Draft Resa & COAs.doc 12 California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access . Regulations, and the Temecula Municipal Code. 41. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31 , 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 42. 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. 43. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School. Mitigation Fees. 44. Obtain all building plans and permit approvals prior to commencement of any construction work. 45. Obtain street addressing for all proposed buildings prior to submittal for plan review. 46. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) 47. Provide disabled access from the public way to the main entrance of the building. . 48. Provide van accessible parking located as close as possible to the main entry. 49. Show path of accessibility from parking to furthest point of improvement. 50. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 51. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 52. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 53. Provide an approved automatic fire sprinkler system, 54. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 55. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 56. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. . R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 13 . . . 57. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 58. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 59. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 60. Show all building setbacks. 61. Signage shall be posted conspicuously atthe entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, 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 Sundays or Government Holidays Fire Prevention Bureau 62. 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. 63. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2600 GPM 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 III-A) 64. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on-site and off-site (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 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) 65. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a watEir supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capabie of supplying the required fire flow shall be provided. For this project on site tire hydrants are required. (CFC 903.2) 66. 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 R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 14 are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 67. 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) 68. 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) 69. 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) Community Services Department 70. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. -, R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 15 . . . . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY, OR ANY USE ALLOWED BY THIS PERMIT R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Resa & COAs.doc 16 . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY, OR ANY USE ALLOWED BY THIS PERMIT Planning Department 71. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 72. 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. 73. 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 pian shall be filed with the Planning Department for a period of 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 upon request by the applicant. 74. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not dispiaying 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 951-696-3000." 75. 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. 76. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 77. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Resa & COAs.doc 17 Public Works Department . 78. 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 c. Department of Public Works 79. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 80. The existing improvements shall be reviewed. Any appurtenance damaged,or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works, Fire Prevention Bureau 81. 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 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 82. 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) . 83. The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 84. 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) 85. 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 86. 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 Chapter9) 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 87. . A:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 18 . 88. 89. 90. 91. 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) 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 fire sprinkler riser door. (CFC 902.4) 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) 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. 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. 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) . Police Department 92. 93. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the Temecula Police Department of any intrusion. All multi-tenant offices/ suites/ businesses located within a specific building should have their own alarm system. . R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Dratt Resa & COAs.doc 19 . . . GENERAL REQUIREMENTS R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Resa & CQAs.doc 20 . . . GENERAL REQUIREMENTS Planning Department 94. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 95. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 96. This approval 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 contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 97. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 98. If the appiicant proposes to phase development, a phasing plan shall be submitted for review and approval by the Director of Planning. 99. A separate building permit shall be required for all signage. 100. Trash enclosures shall be provided to house all trash receptacles utilized on the site. 101. All downspouts shall be internalized. 102. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 103. The conditions of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Resa & COAs.doc 21 Material Color . Buildinq A Plaster Finish - main body Exterior Trim Exterior Stone Clay Roof Glazing Aluminum Window Frames Sherwin Williams "Mottled Sienna" PFC Group "Dover" Coronado "Romano" US Tile "Madera/Camel Blend" Clear Satin Bronze l Buildinq B Plaster Finish - main body Exterior Trim Exterior Stone Clay Roof Glazing Aluminum Window Frames Sherwin Williams "Mottled Seville" PFC Group "Champagne 20" Coronado "Romano" US Tile "Madera/Camel Blend" Clear Satin Bronze Buildinq C Plaster Finish - main body Exterior Trim Sherwin Williams "Mottled Seville" Sherwin Williams "Mottled Terra Cotta" Sherwin Williams "Mottled Champagne" Sherwin Williams 2322 Sherwin Williams "Mottled Natural" Sherwin Williams 1393 Sherwin Williams 1377 Sherwin Williams 1393 Sherwin Williams "Mottled Sienna" Sherwin Williams 2057 PFC Group "Champagne 20" PFC Group "Dover" Sherwin Williams 1132 Sherwin Williams 2057 Sherwin Williams 1392 Sherwin Williams 2329 Coronado "Off White" and "Verona" US Tile "Standard/Bermuda Blend" Clear Satin Bronze . Exterior Stone Clay Roof Glazing Aluminum Window Frames Buildinq D Simulated Stone Veneer - main body Roof Tile Glazing Wood Trellis EI Dorado Stone "Appalacian Fieldstone" Monier Life Tile - Spanish "S"; "Buttercup Blend" Clear Olympic Stain #726 Buildinq E Plaster Finish - main body Sherwin Williams "Mottled Sienna" Sherwin Williams "Mottled Seville" Sherwin Williams "Mottled Taupe" . R:\D P\2004\04-0563 Margarita Crossings Shopping Cenler\Draft Reso & COAs.doc 22 . . . Exterior Trim Exterior Stone Clay Roof Glazing Aluminum Window Frames PFC Group "Creekstone" Coronado "Romano" US Tile "Madera/Camel Blend" Clear Satin Bronze 1 04. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 105. Areas proposed for development in another phase occurring not within six months of the completion of the previous phase shall be temporarily seeded and irrigated for dust and soil erosion control. Public Works Department 106. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 107. 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. 108. All improvement plans, grading plans, and raised landscaped median 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. 109. The vehicular movement at the driveway on Overland Avenue shall be restricted to right out only. Building & Safety Department 110. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits Fire Prevention Bureau 111. 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) 112. 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) 113. 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) R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 23 Community Services Department . 114. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 115. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 116. The Applicant shall comply with the Public Art Ordinance. 117. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Police Department 118. All exterior lighting surrounding the project site should be energy-saving and minimized after 11 :00 p.m. to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with the Mt. Palomar Lighting Requirements. 119. Vandal resistant fixtures should be installed above all exterior doors. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 120. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 121. Any graffiti painted or marked upon the buildings shall be removed or painted over within . twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 122. Any public telephones located on the exterior of this facility should be placed in a wel'- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within interior areas of this facility. . R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 24 . . . OUTSIDE AGENCIES R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 25 . OUTSIDE AGENCIES 123. The applicant shall comply with the attached letter dated November 12, 2004 from the Rancho California Water District. 124. The applicant shall comply with the attached letter dated November 23, 2004 from the Department of Environmental Health. 125. The applicant shall comply with the attached letter dated November 24, 2004 from the Southern California Gas Company. 126. The applicant shall comply with the attached letter dated December 30, 2004 from the Riverside County Flood Control and Water Conservation District. 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's Signature Date . Applicant's Printed Name . R:\D P\2004\04-0563 Margarita Crossings Shopping Center\Draft Reso & COAs.doc 26 Rancho later BoaroofDirectors John E. Hoagland President Csaba F. Ko Sr. Vice President Stephen J. Corona Rulph H. Daily Ben R. Drake Lisa D. Herman Michael R. McMillan Officers: Brian J. Brady General Manager Phillip L. Forbes Director of Finance-Treasurer E.P. "Bob" Lemons Director of Engincl!ring Perry R. Louck Dinxtor of Planning Jeff D. Armstrong Controller Linda M. Fregoso District Secretary/Administrative Services Manager C. Michael Cowett Best Best & Krieger LLP General Counsel Novembe: 12,2004 c Stuart Fisk, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 - \n ~ QI ~~ ~. U;\~\ ~~ NOV 1 G 2004 ~ B'i~ SUBJECT: WATER AVAILABILITY MARGARITA CROSSINGS SHOPPING CENTER PARCEL NO.3 OF PARCEL MAP NO. 30107 APN 921-810-026; PA04-0563 [TEMECULA MO, LLC] Dear Mr. Fisk: 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 construction of any required on-site and/or off-site water facilities and the 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. This project has the potential to become a commercial condominium development, with individual building' owners and an owners' assoCiation maintaining the common property and private water, fire protection, and landscape irrigation facilities. As a condition of approval for the project, RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. In addition to this 'lgreement, RCWD. would require individual water meters for. each condominium unit. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Mi hael G. Meyerpeter, Development Engineering Manager 04IMM:at203\FCF c: Laurie Williams, Engineering Services Supervisor Rancho California Water District 42135 Winchester Road. Post Office Box 9017 . Temecula, California 92589-9017 . (951) 296-6900 . FAX (951) 296-6860 o C[~NTY OF RIVERSIDE . HEALC: SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH November 23. 2004 RE: Development Plan No. PA04-0563 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk Dear Mr. Fisk: 1. Department of Environmental Health has reviewed the Development Plan No. PA04-0563 to constmct a restaurant and retail businesses and has no objections. Water and sewer services are available in this area. 2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. b) Three complete sets of plans for each food establishment will be submitted including a . fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955-5055) will be required indicating that the project has been cleared for: . Underground storage tanks, Ordinance # 617.4. . Hazardous Waste Generator Services, Ordinance # 615.3. . Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). . Waste reduction management. Sincerely, am Martinez, Supervising' (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. . cc: Doug Thompson, Hazardous Materials Local Enforcement Agency. PO. Box 1280, Riverside, CA 92502-1280. (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering. PO. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955.8903 . 4080 Lemo~ Street, 2nd Floor, Riverside, CA 92501 . . . ~<.--, { ) if , Southern California Gas Company' A ~ Sempra Energy" company November 24, 2004 . SouIhem California Gas Company City of Temecula Planning Department P.O. Box 9003 Temecula, CA 92589-9033 9400 0akdaIe Avenue ChnJswor1h, Ol 91313 Subject: 11/23/04 Various Projects MailingAildre5s: p. 0. Box 2300 ChnJswor1h, Ol 9I3I3,23oo M.L9314 PA 04-0456 - General Kearney & Margarita Rd - Construction - Temecula PA 04-0470 - 41919 Moreno Rd - Construction- Temecula PA 04-0476 - Rancho Vista & Margarita - construction - T emecula PA 04-0490, 91, 92 - NEC Loma Linda Rd & Temecula Ln - Construction - Temecula PA 04-0498, SEC Mercedes St & 4th St - Construct - Temecula PA 04-0563, NWC Margarita Rd & Nicole Lane - Construct 'Temecula PA 04-0525, SEC Nichole Ln & Overland - Construct - Temecula PA 04-0530, Temecula Town Ctr Renovation PA 04-0537, Temecula Creek Plaza - Hwy 79 @ Jedidiah Smith - Temecula PA 04-0543, e/Del Rio Rd, S/Calle Cortez - Warehouse, TemecuJa ,,1818-7014546 fax 818,701,3441 Southern California Gas Company, Transmission Department, has no conflict with your proposed improvement. However, our Distribution I I / I / 1 ~ . department may have some facilities within your construction area. To assure no conflict with the local distribution's pipeline system, please contact (909) 335-7725. Sincerely, ~'e' Pipeline nning Assistant Transml sion Department . . I , WARREN D. W]LLIAMS General Manager-Chief Engineer ( . . . 1995 MARKET STREET RlVERSIDE, CA 92501 951.955.]200 951.788.9965 FAX 51180.1 " \~-::-\~.!:.'~.!. \\.,n r\~\'\' \n\i~0S) ,'0 0 ~ . \ ~ I . , i D~ JAN 04 2005 ~ \JU RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSER V A nON DISTRICT City ofTemecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: :) TU A RoT Pi ~ 1<.. Ladies and Gentlemen: By ~_:.----- Re: PA 04 - 05'(,3 . The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District 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. District comments/recommendations for such cases are normally limited to items of spGciflc interest to the District" inclUding District-Master Drainage P!anfacilit!es, 'other regional. flood control..and drainage facilities which could be consicfered a logical component or extension of a master plan system, and District Area D'rainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the rroposed project in detail and the following checked comments do not in any way constitute or imply District approva or endorsement of the proposed project With respect to flood hazard, public f1ealtfl and safety or any other such Issue: . No comment. This project 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 District standards, and District plan check and inspection 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 Master Drainage Plan. The District would consider accepting ownership of such faCilitIes on wntten request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project is located within the limits of the District's - - k. - ULfl - Area Drainage Plan for which drainage fees have been adopte ; app lca e ees s 0 e pal y cas Ie check or money order only to the Flood Control District prior to issuance of building 0 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 ---->..L L This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board: Ciearance for grading, recoii:latlon, or other final approval should-not be' given-until the Citfo has determiried that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMAl mapped flood plain, then the City should require tl\e applicant to provide all studies calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this prol'ect, the City should require the applicant to obtain a Section 160111603 Agreement from the California Departmen of Fish and Game and a Clean Water Act Section 404 Permit from the U.S, Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local Califomia Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, c: Transportation and Land Management Agency Attn: Greg Neal ~~ ARTURO DIAZ Senior Civil Engineer Date: /~/~/~c~ .5;-<",11. .' ITEM #6 . . . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: June 1, 2005 Prepared by: Title: Associate Planner Cheryl Kitzerow File Number PA04-0390 & PA04-0392 Application Specific Plan Amendment and Type: Tentative Tract Map Project Description: The proposed project includes a Specific Plan Amendment (tex1 and map-PA04-0390), and Tentative Tract Map No. 23103-2 (PA04-0392). The Specific Plan Amendment isa request to amend Planning Areas 7 and 9 of the Margarita Village Specific Plan. The proposed Specific Plan changes include a request to change the allowable density in Planning Area 7 from L-1 (1.0 dwelling unit/acre) to LM (4.5 dwelling units/acre) as referenced in the Development Code, reducing the minimum lot size from one acre to 7,200 square feet. The proposed Specific Plan Amendment also includes splitting Planning Area 9 into two Planning Areas (9 and 9A). The result will be that the existing Recreation Center will occupy approximately 3.0 acres in Planning Area 9, and will change the allowable density in the new Planning Area 9A from L-1 (1.0 dwelling unit/acre) to L-2 (2.0 dwelling units/acre) as referenced in the Development Code, and reducing the minimum lot size from one acre to 20,000 square feet. The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 parcels, including 37 residential lots and 3 open space lots (Planning Area 7 - 29 residential lots and Planning Area 9A - 8 residential lots). Recommendation: o Approve with Conditions o Deny o Continue for Redesign o Continue to: [g! Recommend City Council Approval with Conditions o Recommend Denial CEQA: o Categorically Exempt o Negative Declaration [g! Mitigated Negative Declaration with Monitoring Plan DEIR R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 1 PROJECT DATA SUMMARY . Applicant: Vinyards View Estates LLC Completion Date: March 28, 2005 Mandatory Action Deadline Date: June 1 , 2005 General Plan Designation: Planning Area 7 (northern portion of subject site): Low Medium Density Residential - LM, 3-6 du/ac Planning Area 9A (southern portion of subject site): Low Density Residential - L, 0.5-2 du/ac Zoning Designation: SP-3, Margarita Village SpecifiC Plan Site/Surrounding Land Use: Site: Vacant North: South: East: Existing single family residences Existing Recreation Center for the Chardonnay Hills development Butterfield Stage Road and vineyards located in the County east of Butterfield Stage Road Existing single family residences . West: Lot Area: 18.3 acres gross, 14.4 net BACKGROUND SUMMARY i:8J 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed project consists of a Specific Plan Amendment and Tentative Tract Map. Specific Plan Amendment The proposed Specific Plan Amendment includes text, map and exhibit changes for 18.32 acres that is currently undeveloped within the boundaries of the Margarita Village Specific Plan. The proposed project will change the land use designations and permitted densities for Planning Areas 7 and 9. Planning Area 7 is 10.97 acres located at the north half of the project site. Planning Area 9 is 10 acres located at the south half of the site and will be split into two Planning Areas, 9 and 9A. The resulting Planning Area 9 will be the existing Recreation Center on approximately 3.0 acres. No changes are proposed to the resulting Planning Area 9 except for the land use exhibits which will redefine the boundary. Planning Area 9A will be the remainder of the original Planning Area 9, less the Recreation Center. . . R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 2 . . . The proposed changes to the Specific Plan Zoning Ordinance include a request to change the allowable density in Planning Area 7 from L-1 (1.0 dwelling unit/acre) to LM (4.5 dwelling units/acre) as referenced in the Specific Plan to the Development Code, which would allow the minimum lot size to be reduced from one acre to 7,200 square feet. The proposed change also includes changing the allowable density in Planning Area 9A from L-1 (1.0 dwelling unit/acre) to L-2 (2.0 dwelling units/acre) as referenced in the Specific Plan to the Development Code, which would reduce the minimum lot size from one acre to 20,000 SF. The proposed Specific Plan Amendment will also require that the text and exhibits are revised to incorporate the proposed land use changes from Low Density Residential (L - 0.4 to 2.0 du/ac) to Medium Density Residential (M - 2.0 to 5.0 du/ac) in Planning Area 7 (no change is proposed for Planning Area 9A). The proposed changes would result in smaller lot sizes than currently permitted. The average lot sizes for the proposed project are 10,547 square feet in Planning Area 7 and 22,190 square feet in Planning Area 9A. However, the project design is compatible with lot sizes of the adjacent residential development in Tract 23209 (LM) to the west, and Tract 23100 (LM) to the south west. These two existing tracts contain lots with a density of 3 to 6 dwelling units to the acre, and range in size from approximately 8,000 square feet to 25,000 square feet. The proposed changes will result in a net increase of 18 dwelling units from the current Specific Plan designations for the subject site, including Planning Areas 7 and 9. However, the Specific Plan allows a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204 units below the allowable and anticipated development maximum analyzed in the Specific Plan EIR. The project site is the last developable area within the Specific Plan and if constructed, will still result in less than the maximum anticipated units for the Plan area. Furthermore, the proposed changes and increase in allowable units is consistent with the City's General Plan. Tentative Tract Map The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 parcels, including 37 residential lots and 3 open space lots (Planning Area 7 - 29 residential lots and Planning Area 9A - 8. residential lots). Lots range in size from 7,272 square feet to 24,8.03 square feet, with an average lot size of 10,547 square feet in Planning Area 7 and 22,190 square feet in Planning Area 9A. The proposed project density is 2.64 du/acre in Planning Area 7 and 1.08 du/acre in Planning Area 9A which is consistent with the City's General Plan as well as the Specific Plan requirements. Per the requirements of the Subdivision Ordinance (Section 16.03.060.A), two points of access are proposed since there are more than 35 homes. Access is proposed via public streets off of Chemin Clinet at the south of the project site, and the extension of Ahern Place at the north of the project site. Internal access is proposed via Placer Loudeaonne which will traverse the site from north to south parallel to Butterfield Stage Road, terminating as a cul-de-sac at the northern portion of the site. All proposed access conforms to the City's standards. The Tentative Map has been designed with Lots 1 through 6 approximately 9 feet lower than adjacent residences to the west; Lots 7 through 15 approximately 5 feet lower; Lots 16 through 27 approximately 15 feet higher; and Lots 29 through 37 at a similar elevation to adjacent homes. To reduce potential impacts to adjacent residences to the west, the project design includes the continuation of an adjacent open space lot (Tract 23100-5), single-loaded street design for Lots 1 through 6, and Specific Plan text requiring Lots in Planning Area 9A (Lots 1-6) to be single-story homes. In addition, the Margarita Specific Plan includes design guidelines for the development of the site to ensure compatibility in architecture with the adjacent homes to the R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 3 west. The project area is within Village "B" of the Specific Plan. This area requires custom . homes on lots within Planning Area 9A, which will be a minimum of 2,500 square feet and single story. Planning Area 7 homes will be designed to be a minimum of 2,200 square feet and either Spanish, Mediterranean or French architectural styles. These requirements will ensure the development is aesthetically pleasing. As proposed, the project site will sit at a higher elevation than the adjacent Butterfield Stage Road. A 25-foot 2:1 manufactured slope will be constructed along the roadway. This slope area will be landscaped per the City's requirements and will be maintained by the Temecula Community Services District. A 1.16 acre tot 10Vopen space area is proposed in Planning Area 9A, adjacent to existing residences to the west. This area will be maintained by the project's Homeowner's Association. The proposed Tentative Tract Map is consistent with the Margarita Village Specific Plan, Subdivision Ordinance, and General Plan. ENVIRONMENTAL DETERMINATION o 1. An initial study has been prepared and indicates that the project will have potential significant environmental impacts to Air Quality, Cultural Resources, Biological Resources, and Noise impacts unless mitigation measures are required and implemented. A Mitigation Monitoring Program was prepared to ensure compliance with required mitigation. Based on the required mitigation, staff recommends adoption of a Mitigated Negative Declaration for the project. A summary of the Mitigation Plan is below. IMPACT MITIGATION Air Quality Compliance with Title 24 energy efficiency standards for buildings; energy efficient construction equipment; water down site during grading operations; minimize areas of grading; compliance with SCAQMD Rules 1113, 402 and 403. Biological Resources Obtain USACOE 404 Permit; Obtain CDF&G Streambed Alteration Agreement; Obtain RWQCB Section 401 Certification. Cultural Resources Require on-site monitoring of grading/excavation; Enter into agreement with Pechanga Band of Luiseno Indians; Avoid/preserve sacred sites if found on-site. Noise Construction of perimeter noise walls; Require interior noise analysis. CONCLUSION/RECOMMENDATION Planning Staff recommends that the Planning Commission recommend that the City Council approve Planning Application Nos. PA04-0390 and PA04-0392 based upon the findings and the attached Conditions of Approval. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 4 . . . . . FINDINGS Specific Plan Amendment 1. The Specific Plan amendment is consistent with the general plan. The proposed amendments to the zoning, land use, planning standards and development standards are consistent with the General Plan for the City of Temecula. The site is physically suitable for the type of residential uses proposed, and the proposed specific plan amendment would further the City's long-term economic development goals. Tentative Tract Map (Code Section 16.09.1400) 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; Tentative Tract Map No. 23103-2 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, Margarita Village Specific Plan, and the Municipal Code. 2. The 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; The project site is not currently in. agricultural production and in the recent and historic past (up to 20 years) the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 40-lot (37 residential units) Tentative Tract Map on property designated for low and low medium density residential uses, which is consistent with the General Plan, as well as, the development standards for the Margarita Village Specific Plan as amended. 4. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. An Negative Declaration and Mitigation Monitoring Program have been prepared for the project, which mitigates any potentially significant impacts of the proposed project. In addition, the project has been designed to reduce any significant impacts to the environment, including noise, aesthetics, air quality, biological, and cultural resources. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code R\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 5 to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. . 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map, 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The applicant has been conditioned for payment of Quimby in-lieu fees prior to building permits, which will address the City's parkland dedication requirements. . ATTACHMENTS 1 . Plan Reductions - Blue Page 7 2. PC Resolution No. 2005-_ (Mitigated Negative Declaration) - Blue Page 8 Exhibit A - Proposed City Council Resolution 05-_ . 3. PC Resolution No. 2005-_ (Specific Plan Amendment) ,- Blue Page 9 Exhibit A - Proposed City Council Ordinance No. 05-_ 4. PC Resolution No. 2005-_ (Tentative Tract Map) - Blue Page 10 Exhibit A - Proposed City Council Resolution 05-_ . R\T M\2004\Q4-0392 Vinyards View Estates\PC.docs\draft STAFF REPORT template.doc 6 . . . ATTACHMENT NO.1 PLAN REDUCTIONS R:\T M\2004\Q4-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 7 .~\ ~ h-U :;:/Ib!< J5 :B j ~,... ~ ~ ./ I ~lti(fn ~ ~ 7^\~~ '\' ~ = '--.... I V lJU ):::: :.:::::: JI r ~ \\: ~ --- '\' \~ '.// -----.q --- 1ft 'I \" ~ --- // ); 11/, ~ [:::: ;::':"11.. 1&~ ~~ t1f ~~/ -< l ~ :::- l--:j)[l ~j ~/ --Jt:;/iT 1- I T ,....~ ~I T r ~ ~ k ~= ~ r-, --' ----1..-1 I-- ;ll-- '<' '--I - ~" ~ - ~ 1:::./ I /).,. ~ ~""V ~\G 1= " ? Il ~ ~/I C t:: ~/'" ~~ A ~ ___ ~ 'L x~~v "> ~~1 '=i 1--~ '- 0.~ ).y"1. ~ ;::1---' \ /'t" 'C1)\-- - ~;::;: ~- r5!l: ~ \,\:\~ JJ~ A~ :: ~~r-Y~ '~n'l ~ M --,~ ~ySyn ~~ l:;;~ ~). ~VY ~~~/ ~~~? f- --.; ^ '-, '< ~N " ~ ~ ~~ ~~ ~ ~)- _ ? '" ,Vh\ ~~ ~ ~ 3~il \ - l:: ~ ~:\\ ~ II~ ~ '" <1 J S~0 IJ/\ 1. 1~~. Y '-J t: - ~ AlW I .\\1 f= = ~ ~ '< ~~ ~ :w-; f- ::; ~~ ~~?? ~\ 'iff ~ i .. ~:e ). Project Site I ~ II/\~ f'1-\ o \ 4~~ . 00 o Zoning . ~ 00 General Pia" ;.. l;'~ ::/... '^~..., <l ~l 'i~ ;," :~ 'i1" ~ ~:.tlI ~ ~~ U "'~ ~~ _ ~~ ~8 ~ ~ ~ij ~,..1 ~5 0': ~ "l'l ~ 1 e ~i'l '<" "'ill..i; ""8 - ; Ii ~.. ,. ii ". ;. i ~ ; I i~Z IS ;!, Hi! l} 3~ ~~ ~:.. ~ ~ ~ '" ~ ~l1 ~ ii ~~ ~ ~ A i ~ I~ ~,~ ;:.i 9:> :... ~: ill ,Ee _ "i " I' ~; i i .., :;" I' ~ ',II · S i !'9~' i :,,,,,,,,,,,,., i !! !d; ~ ! ~ II! .W - E~s~~~1gmH' ~ Ii ~ q I~ s ~:i :~, L" I-I ~~;"""""., I ~! 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' 'I Ii ' . ,," 1-" i ~.i',;;"". ~''''''"'' !l! _. , ... ,I w._ j , ,li ~'" 1111" .. __,..li <''''_:'lj;;!~!;,,'!i~~:" ~,1 ..-i........ _~t:,g i ~~~:d( ~Uf311 !i9l!~~~~~ -",..:.",. ____..l<l!l..,...,,~-,.:,.:~:~:: ., .. ,... ol ~ s!;::!::!./ of, ....0 ' ~ !!' .', ,:.~ ~: ~ :i :l :i:i =i :l:l:i:l ::i ::i :l ~ ':i:oj: : ..:..: __ ..... ~~ _.....~:;.;l~g~!ll:::::J~a;~ l!:~ ~oIol" ;Z _ ....s .. 0101,. ;: "'........<<e..s!~::!;:~;..::'"'~~...~~~E 9 9 -".. -r.r.:I. .,do"'- H -," it ~-I"FI- _ _ l!l ~ ~ "'!:: ::l ;!; / I '" ~ .. w ~ m ~ ?5s i= z" :;; "I' m $ i~HU <'lIE i: ~~! ;; g: h ~ ~a :r: 9 g ~ a~~ i ~I ~h '" C/)' 'F ~!~H W ",1= I- N ~l5,"~ I H'! <( t') ~~" I- 0 ,,!.' - ,,', C/) t') ,.'1' N, ,'- t.: W .1"': o 0 3l'1"~l'I '+- :z ~t!g,!fg 0, S _ ,;II< '" ., -- () ~!"'I>''' -~ W ~ .~eij ,,_ .....19,~' > > .~.., :g -S i:t~~~ ~ C/) u ~;i" '" " ZI ", 1- 0 ~ l-"ll a: ..... ,~~,' <( - '.1'1' o 3 ~::t!:l >- ~i!~" Z C:3 ;p~ > !~h !W Il~ . . , , ,~~ a,. ~ g g i! ;...:1 ~~ oHHH.;.' "'l';~~~"'9";!t~ ~'\ 3 d~:::I!!~~~"" . , pggg.;-::.\ II.gggAn~t!i~ ffil m f[f IUf U;~9~ ~IOH'llIli: . i ~ ~ ~~~I ,. .:.. . Iii !: ~!~;amm;;; !i ...............".............. :1... ~ C!; ..... " I'! '!l ~ ~ i.... ~ ~~.F1 Il)ll)v;1; ~ ~T""" aT""" ~ Ii:: _~-l:! ~~~(5~? t w 1,,~ ~ee~~c ~ ! ~ i~~~ ~~~~~~ ffi il f ffi ~.!.l~! zzzzzl;l! !;C,..if ;< ,. f ~0~~~n. ~ . tD ~ ~~ (ijifj~~~~ 8 ~ ~ ~~ .';10 ttcr:cra:cr:o ~ g.wl;i~ ~(:j::Ji 251-'" E,~, is 1l"'~ ~~l~~~ i= ,:~~ ~!I.1 " 1~ is.ll! B" ,! \ , I \ ,I i J IL ~lli r" ,-II I!:l ,L~ r f-.... , \' . =: !~ \ \ ~ \ , ! I ! I I i i' f on i5 '" ~ >- m . I ~ ft . , ~ . <:: $ I ., I~- i i! ~i!! ~~l; 01 . '" ~l!i ~ 0, ~ II g. I .t . . . ATTACHMENT NO.2 PC RESOLUTION NO. 2005 - INITIAL STUDY/MITIGATED NEGATIVE DECLARATION R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 8 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL OF THE CITY. OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, FOR THE VINYARD VIEW ESTATES," GENERALLY LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSORS PARCEL NOS. 953-390-007 AND 953-050-009 (PA04-0390 AND 04-0392). I WHEREAS, Vinyard View Estates, LLC, filed Planning Application No. PA04-0390, Specific Plan Amendment and PA04-0392, Tentative Tr~ct Map, in a manner in accord with the City of Temecula General Plan and Development Code and an initial study was prepared in accordance with CEQA Guidelines; I . WHEREAS, the Application was processed including, but not limited to public notice, in , the time and manner prescribed by State and 10callaw'l including the California Enviro.nmental Quality Act; , . WHEREAS, a Mitigated Negative Declaration ard Mitigation Monitoring Program was prepared for the project as described in the Initial Study, including, in the time and manner prescribed by State, local law and CEQA Guidelines; I WHEREAS, the Planning Commission, conside~ed the Mitigated Negative Declaration and Mitigation Monitoring Program on June 1, 2005, at duly noticed public hearing as prescribed by law, at which time the City staff and interested persohs had an opportunity to and did testify either in support or in opposition to this matter; I WHEREAS, at the conclusion of the Commission' hearing and after due consideration of the testimony, the Commission recommended City Cou~cil adoption of City Council Resolution for the Mitigated Negative Declaration and Mitigation Monitoring Program attached as Exhibit , "A" subject to and based upon the findings set forth hereunder; I WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Environmental Compliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. R:IT M\2004104'0392 Vinyards View EstateslPC docslPC Reso Mitigated Neg Pee DRAFT.doc 1 Section 3. PASSED, APPROVED AND ADOPTED this 1st day of June, 2005. . Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEALJ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA. ) I, Debbie Ubnoske, Secretary of the Planning Commission of the City of Temecula, California, do hereby certify that Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 151 day of . June, 2005, by the following vote of the Commission: NOES: ABSENT: ABSTAIN: . PLANNING COMMISSIONERS: . PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: AYES: Debbie Ubnoske,Secretary . R:IT M\2004104,0392 Vinyards View EstateslPC docslPC Reso Mitigated Neg Pee PRAFT.doc 2 . . . EXHIBIT A CITY COUNCIL RESOLUTION 05-_ R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Resa Mitigated Neg Dee DRAFT.doc 3 . . . RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE VINYARDS VIEW ESTATES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND. CHEMIN CLlNET, AND KNOWN AS ASSESSOR PARCEL NOS. 953-390-007 AND 953-050-009 (PA04- 0390 AND 04-0392). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Vinyard View Estates, LLC filed Planning Application Nos. PA04-0390 Specific Plan Amendment, and PA04-0392, Tentative Tract Map, in a manner in accord with the City of Temecula General Plan and Development Code and an initial study was prepared in accordance with CEQA Guidelines; and, B. The applications were processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, C. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 1, 2005 to consider the application of the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and, D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning 'Commission adopted Resolution No. 2005- , recommending the City Council approval of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Project. E. On , 2005 and 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On , 2005, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 05-_; R:\T M\2004\04.0392 Vinyards View Estates\CC docs\CC Reso Nag Dee Draft.doc 1 Section 2. The City Council of the City of Temecula hereby makes the following . findings: A. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an initial study of the potential environmental effects of the proposed Project. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. A copy of the Initial Study, Negative Declaration and Mitigation Monitoring Program are attached hereto as Exhibit "A" and incorporated herein by reference. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law and copies of the documents have been available for public review and inspection at the offices of the Planning Department, located at City Hall, 43200 Business Park Drive, Temecula, CA 92589. C. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration. The Project and the Mitigated Negative Declaration were discussed at a public hearing of the City Council held on . 2005. D. CEQA. The Mitigated Negative Declaration was prepared in compliance with . E. There is no substantial evidence that the Project, as conditioned, will have a significant effect on the environment. F. The Mitigated Negative Declaration reflects the independent judgment and analysis ofthe City Council. G. The Mitigation Monitoring Program set forth in the Mitigated Negative Declaration has been prepared in accordance with law. Section 3. The City Council of the City of Temecula hereby approves the Mitigated Negative Declaration and Mitigation Monitoring Program for the Project as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. . R:\T M\2004\04-0392 Vinyards View Estates\CC docs\CC Reso Neg Dee Draft.doc 2 . . . Section 4. PASSED, APPROVED AND ADOPTED on this _' day of ,2005. Jeff Comerchero, Mayor ATTEST: Susan Jones, CMC, City Clerk SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 2005 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS Susan Jones, CMC, City Clerk R:IT M\2004104'0392 Vinyards View EstateslCC docslCC Reso Neg Dee Draftdoc 3 'I City of Temecula P.O. Box 9033, Temecula, CA 92589.9033 Pro'ect Title Lead Agency Name and Address Contact Person and Phone Number Pro'ect Location Project Sponsor's Name and Address General Plan Designation Specific Plan Zoning Specific Plan Land Use Designation Environmental Checklist Vin ards View Estates City of T emecula P.O. Box 9033, Temecula, CA 92589-9033 Che I Kitzerow, Associate Planner 951 694-6400 Northwest corner Butterfield Sta e Road and Chemin Clinet Vinyards View Estates, LLC 8555 Aero Drive, Suite 305, San Die 0, CA 92123 Plannino Area 7 (10.97 acres) Current/Proposed: Low Medium Density Residential (LM - 3-6 du/ac) Planninq Area 9A (7.35 acres) Current/Pro osed: Low Densi Residential L - 0.5-2 du/ac Margarita Village Specific Plan, Planning Areas 7 and 9: Plannino Area 7 Currently: L-1 Residential (1 acre min. lot size) Proposed: Low Medium Residential (LM, 7,200 SF min.) Plannino Area 9A Currently: L-1 Residential (1 acre min.) Pro osed: L-2 Residential 20,000 SF min. Margarita Village Specific Plan, Planning Areas 7 and 9: Plan nino Area 7 Currently: Low Density Residential (L) Proposed: Medium Density Residential (M) Plan nino Area 9A - no chanoe Currently: Low Density Residential (L) Pro osed: Low Densi Residential L The proposed project includes a Specific Plan Amendment (text and map-PA04-0390), and Tentative Tract Map No. 23103-2 (PA04- 0392). The project area includes 18.32 acres that is currently undeveloped. Planning Area 7 is 10.97 acres located at the north half of the project site. Planning Area 9A is 7.35 acres located at the south half of the site (Planning Area 9A is a portion of the 10 acre Planning Area 9 of the Margarita Village Specific Plan. Three acres of Planning Area 9 is currently developed as the Chardonnay Hills Recreation Center and is not part of the subject application as it is under separate ownership and no changes are proposed). The Specific Plan Amendment is a request to amend the zoning designation from L-1 (one acre minimum) to Low Medium (7,200 square feet minimum) in Planning Area 7, and from L-1 (one acre minimum) to L-2 (20,000 SF min.) in Planning Area 9. The proposed Specific Plan amendment also includes a request to change the land use in the Specific Plan from Low Density to Medium Density in . Planning Area 7. No specific plan land use change is proposed for Planning Area 9. The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 arcels, includin 37 residentia'lots R:IT M\2004\04-0392 Vinyards View Estatesllnitial Study.doc Description of Project and 3 open space lots (Planning Area 7 - 29 residential lots and Planning Area 9A - 8 residential lots). ounding Land Uses and Setting Surrounding land uses include existing single family residences to the north and west with a minimum lot size of 7,200 square feet adjacent to Planning Area 7 and 10,000 square feet adjacent to Planning Area 9A. The existing Recreation Center for the Chardonnay Hills development is to the south of the project site. Butterfield Stage Road abuts the project site to the east with vine ards located in the Coun east of Butterfield Sta e Road. Other public agencies which. may require approval and/or subsequent permits include: U.S Army Corps of Engineers (USACE), California Department of Fish and Game, Regional Water Quality Control Board. Other public agencies whose approval is required . . R:IT M\2004104-0392 Vinyards View Estatesllnilial Study.doc 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. x X X Aesthetics A riculture Resources Air Quali Biolo ical Resources Cultural Resources Geolo and Soils Hazards and Hazardous Materials H drolo and Water Quali Land Use and Plannin Mineral Resources X ' Noise Po ulation and Housin Public Services Recreation Trans ortationrrraffic Utilities and Service S stems X Mandato Findin s of Si nificance None Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be re ared. I find that although the proposed project could have a significant effect on the environment, there will not X be a significant effect in this case because revisions in the project have been made by or agreed to by the ro'ect ro onent. A MITIGATED NEGATIVE DECLARATION will be re ared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is re uired. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is re uired, but it must anal e onl the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are im osed u on the ro osed ro'ect, nothin further is re uired. ~Vi~ Signature 4~oS Date Cheryl Kitzerow, Associate Planner Printed name City of Temecula For . R:IT M\2004104.0392 Vinyards View EstetesllniUa! Study.doc 3 1. AESTHETICS. Would the project: , pofu_ri~ail~';' ';; 'Significant II;' act P;_qt~_~IIY' Si9~_ifj~ntPnless . '~itIgati~ri: . loco rated Less-Than. ': "Significant hn act No 1m act X X a. b. . . Issues and'S'u' illnfonnatlonSourceS Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hi hwa , Substantially degrade the existing visual character or uali of the site and its surroundin s? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? x c. d. x Comments: . 1. a.-b: No Impact: The proposed project is not located on or near a scenic vista or scenic highway. The project site is currently vacant with no structures, trees or rock outcroppings on the site, Therefore, the project would not substantially degrade the existing visual character or quality of the site and its surroundings, and no significant impact is anticipated. 1. c: Less than Significant Impact: The project site consists of 18 acres. The site is characterized by gently sloping topography with a small drainage course running from east to west. The sloping topography generally I' ot natural and consists of 40,000 cubic yards of stockpile material that has been placed on the site in the during the construction of Butterfield Stage Road. Adjacent uses include Butterfield Stage Road to the e st (with county vineyards on the other side of the road), medium density residential (6,000 SF minimum) to the west of Planning Area 9A and low medium density residential (7,200 SF minimum) to the west of Planning Area 7. According to the City of Temecula General Plan, the project site does not include any scenic resources and is not known for its visual character. There is no public viewing areas in the immediate vicinity that would be impacted as a result of the proposed project, While the project will be visible from various residential lots, a less than significant impact is anticipated because the views are considered private and are not considered to be of public benefit. As proposed, the project site will sit at a higher elevation than the adjacent Butterfield Stage Road. A 25-foot 2:1 manufactured slope will be constructed along the roadway. This slope area will be landscaped per the City's requirements and will be maintained by the Temecula Community Services District. The Tentative Map has been designed with Lots 1 through 6 approximately 9 feet lower than adjacent residences; Lots 7 through 15 approximately 5 feet lower; Lots 16 through 27 approximately 15 feet higher; and Lots 29 through 37 at a similar elevation to adjacent homes. To reduce potential impacts to adjacent residences to the west, the project design includes the continuation of an adjacent open space lot (Tract 23100-5), single-loaded street design for Lots 1 through 6, and Specific Plan text requiring Lots in Planning Area 9A (Lots 1-6) to be single-story homes. In addition, the Margarita Specific Plan includes design guidelines for the development of the site to ensure compatibility in architecture with the adjacent homes to the west within the Specific Plan. The project area is within Village "B" of the Specific Plan. This area requires custom homes on lots within Planning Area 9A, which will be a minimum of 2,500 square feet and single story. Planning Area 7 homes will be designed to be a minimum of 2,200 square feet and either Spanish, Mediterranean or French architectural styles. These requirements will ensure the development is aesthetically pleasing. As proposed, the project will not degrade community character and therefore no significant impacts are anticipated. . I.: Less Than Significant Impact; The proposed project is currently vacant with no sources of light or e. The proposed project will introduce new generators of light and glare typically associated with residential development. The City of Temecula requires all new development to comply with the Riverside County Mount R:IT M\2004104.0392 Vinyards View Eslatesllnitial Study.doc 4 Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Decorative lighting is allowed, however decorative lighting is required to be shut-off by 11:00 P.M. By shutting off decorative lighting at 11:00 PM, the amount o. light and/or glare will be reduced during late evening hours, thus preserving the visibility of the night skyfo scientific research from the Mount Palomar Observatory. Compliance with all Development Code and Ordinance requirements would reduce potential light and glare impacts to surrounding properties to less than significant. Therefore, potential light and glare impacts from the project would be less than significant. 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: . b. Issuesand'Su rtin InfOrmation Sources' Convert Prime Famnland, Unique Farmland, or Farmland of Statewide Importance (Famnland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-a ricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due.to their location or nature, could result in conversion of Farmland,'to non-a ricultural use? ':'P6teilti~l.Iy '. Significant 1m ct -g9tel)~IIY", . Sig~tfi~~tl..l~I~~s::; Mitig~t1~n . . hlco 'orated ..,:teS$Thari< . "S.iQriificailt :tm act No 1m act X a. X c. X . Comments: 2. a.-c.: No Impact; The project site is not currently in agricultural production and in the recent and historic past (up to 20 years) the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique famnland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the applicable air uali Ian? b. Violate any air quality standard or contribute substantially to an existin or ro'ected air uali violation? c. Result in a cumulatively considerable net increase of any criteria ollutant for which the roo ect re ion is non- R:IT M\2004104-0392 Vinyards View Estatesllnitial Study.doc x . x 5 attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceeC!..9uantitative thresholds for ozone recursors? Expose sensitive receptors to substantial pallutant concentrations? Create objectionable adars affecting a substantial number of eo Ie? x e. x Comments: 3. a.-e.: Potentially Significant Unless Mitigation Incorporated: The proposed project is located in the southwest portion of the South Coast Air Basin. The Environmental Protectian Agency designates areas of Ozone (03), Carbon Monoxide (CO) and Nitrogen Oxides (NOx) as either "Does nat meet the primary standards", "Cannot be classified", ar "Better than national standards". The primary air quality problems in the area are ozone and particular matter. The Basin has been designated as an "extreme" non-attainment area far ozone. The Basin exceeds beth the state and federal standards fer ozone and bath the state and federal standards for particulate matter PM10. The proposed project may patentially result in a cumulatively considerable net increase of pollutants far which the project region is considered non-attainment under an applicable federal or state ambient air quality standard. The proposed project is not considered a significant pollutant generator in regards to. the immediate surrounding area. However, the project site may be a significant pollutant generator for the South Coast Air Basin since the basin is currently a non-attainment area. The General Plan EIR identifies the Temecula area as..having significantly cleaner air than the other areas in the South Coast Air Basin. The cleaner air in the Temecula area is. due to the geographical location and prevailing wind pattem. While the project site is lacated within a non-attainment area, the project as a stand alone project will not emit pollutants considered to. be .nificant. A project specific Air Quality Analysis was prepared and submitted to the City for review (dated March 28, 2005). The report concluded that the project will potentially impact air quality almost exclusively through increClsed automotive emissions. Minor secondary emissions during construction, from increased fossil-fueled energy utilization and from small miscellaneous sources will also be generated, but these are usually much smaller in both duration and volume than the mobile source emissions. Construction Activities:. Construction pollutant emission generators would consist primarily of haul truck activities such as concrete and other suppliers, graders and pavers, contractor vehicles, and ancillary operating equipment such as diesel- electric generators and lifts. The SCAQMD CEQA Air Quality Handbook (1993) includes construction activity' screening thresholds to determine whether a project would exceed thresholds and result in significant impacts. The screening table thresholds for construction are as follows: Less-than-Significant Size Proposed Project Percent of Threshold (%) Threshold 1,309,000 SF residential 148,000 SF (37 units x 4,000 11.3 SF/unit) . 177 acres nradin9.. 18.8 acres 10.6 The project size is sufficiently limited as to not exceed thresholds. However, because of the non-attainment. status of the air basin, maximum feasible mitigation measures to reduce cumulative impacts to PM-10 and ozone from construction activities are included below. Short-term construction activities during site grading .y exceed recommended SCAQMD significance thresholds for NOx depending upon disturbance acreage d amount of equipment onsite. Daily emissions for ROG may exceed the daily thresheld during the applicatian af paints and caatings if the entire project is painted in a brief peried af time. The daily disturbance R:IT M\2004104.0392 Vinyards View Eslalesllnitial Study.doc 6 acreage, equipment usage and construction phasing are unknown at this time. Mitigation for potential effects is included to reduce the potential for any short-term construction activity impacts. . OperationallmpactsNehicular Emissions Levels: Motor vehicles are the primary source of emissions associated with the proposed project. Based on the URBEMIS2002 model used to calculate daily emissions increases associated with the proposed project, approximately 451 (37 units x 9.57 trips/DU) vehicle trips are anticipated at the build out of the project. The project related mobile source emissions burden, along with a comparison of SCAQMD recommended significance thresholds (pounds/day) are identified below. ROG NOx CO PM-10 SOx Area Source 1.92 .78 .78 0.0 0.01 Emissions Mobile Source 4.31 4.54 52.48 4,23 0.05 Emissions . TOTAL 6.24 5.32 53.27 4.23 0.06 SCAQMD 55 55 550 150 150 Threshold As illustrated no impacts will result from the proposed project based on the URBEMIS 2002 model. In addition, because the total units do not exceed the anticipated/allowable units with the Margarita Village Specific Plan, no significant impacts are anticipated. The City of Temecula has adopted and certified an Environmental Impact Report for the Citywide General Plan Update. The EIR identified various significant impacts that could not be mitigated to a less than significant level. The City Council of the City of Temecula adopted Resolution 2005-43, a statement of overriding consideration for these impacts that could not be mitigated to a less than significant level. Included as part Of. the statement of overriding consideration were air quality standards and compliance with SCAQMD air quality plan. The proposed project is consistent with goals and policies within the General Plan. Based on the above information, the proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people. The only sensitive receptor in proximity to project site is Rancho Elementary School on La Serena, which is located within approximately 3500 feet of the project site. These potential impacts are considered less than significant with the implementation of the required mitigation measures. The applicant is required to comply with the mitigation measures outlined in the Air Quality study to reduce potential impacts to below a level of significance. The following Conditions of Approval and/or Mitigation Measures will be incorporated on the following entitlements as a part of the proposed project (Specific Plan Amendment, and Tentative Tract Map): Prior to the issuance of a grading and/or building permit (as applicable), the Applicant shall submit written proof of the satisfaction of each of the below mitigation measures to the Planning Department, unless otherwise stated. All control techniques shall be clearly indicated on the project grading and construction plans. Compliance with these measures shall be subject to periodic site inspections by the City. 1. The applicant shall incorporate energy efficiency standards as defined by Title 24 into the project. The applicant shall comply with the latest Title 24 standards. 2. Prior to the issuance of a grading permit and during the durati~n of construction activities. the Applicant shall verify in writing (to the Planning Department) that all earth moving and large. equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected R:IT M\2004104-0392 Vinyards View Estatesllnitial Study.doc 7 and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. .3. All diesel-powered vehicles and equipment shall be maintained in a manner to minimize NOx emissions through regular tune-ups. 4. All diesel-powered vehicles shall be turned off when not in use for more than five (5) minutes, and the gasoline-powered equipment shall be turned off immediately when not in use. 5. Electrical andlor natural gasoline-powered equipment should be utilized in-lieu of gasoline or diesel-powered engines. 6. If construction equipment powered by alternative fuel sources (LPG/CNG) Is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the project site. 7. Contractors should use particulate filters on diesel construction equipment, if such filters are available and are cost-competitive for use with this project. 8. During construction and all grading phases, the project site shall be watered down, to prevent fugitive dust and erosion, in the morning before grading and/or before construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. . 9. During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 25 miles per hour, averaged over an hour), the Applicant shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on- site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. 10. The applicant shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of. the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized below: . a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on-site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. c. All trucks exporting andlor importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off-site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. R:IT M\2004104,0392 Vinyards View Estatesllnitial Study.doc 8 d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. 11. Prior to the issu~nce of a grading and building permits, the applicant shall submit verification. . that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. 12. During the course of the project grading and construction, the applicant shall post signs on-site limiting construction related traffic and all general traffic to 15 miles per hour or less. 13. Graded and/or excavated inactive areas of the construction site shall be monitored by the Applicant at least weekly to ensure continued dust stabilization. Soil stabilization methods such as water and roll compaction and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over three days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered to establish and maintain grass growth, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. City staff shall be advised of the election of treatment made by the Applicant. 14. During the course ofthe project grading and construction, the Applicant shall sweep adjacent streets and roads so as to prevent the placement or accumulation of dirt In the roadway. Where vehicles leave the construction site and enter adjacent public streets the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible soil track-out .extendlng more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. 15. The construction contractor shall schedule the construction activities so as not to interfere with. peak hour traffic as much as possible, and if necessarY, a flag person shall be retained to maintain safety adjacent to existing roadways. 16. The construction contractor should utilize as much as possible precoated/natural colored building materials. Water-based or low VOC coatings should be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings application shall be used to reduce VOC emissions. 4. BIOLOGICAL RESOURCES. Would the project? a. b. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? x . R:IT M\2004\04.0392 Vinyards View Estates\lnitlal Study.doc 9 c. d. e. f. Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interru tion, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or im ede the use of native wildlife nurse sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Ian? x x x x Comments: 4. a., c-f.: No Impact: The project site is currently vacant and disturbed. Approximately 40,000 cubic yards of fill material have been stockpiled on the site for several years. The site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required as a standard condition of approval to offset the. effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County. The project site is a part of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which was adopted by City Council on January 13, 2004, and became effective March 12, 2004. The ordinance reqUires all projects submitted after June 22,2004 to be analyzed to ascertain t Habitat Assessment is required. The subject application was received prior to this date. Although the ject is not subject to the Habitat Assessment requirement of the MSHCP, the impact fees associated with e ordinance apply to all development applications submitted after the effective date, to which this project is subject. There are some grasses on the project site, however they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. No impact is anticipated as a result of the proposed project. 4.b.: Potentially Significant Unless Mitigation Incorporated: A 450+/- foot long non-blue line natural stream course is located on the project site between Julo Way and the future alignment of Butterfield Stage Road. Thomas Leslie Corporation performed a field visit to the site in order to determine the acreages of state and federal waters delineated within the stream course. A letter dated January 5, 2004 indicates that no wetlands, or riparian habitat were observed along the stream course. Based on the field data, 0.06 acres of jurisdictional state and federal non-wetland waters was delineated. Filling of the jurisdictional waters will require issuance of . Nation Wide Permit 39 (NWP) from the U.S. Army Corps of Engineers. Use of a NWP39 requires procurement of a 401 water quality control permit from the Regional Water Quality Control Board (RWQCB) and a 1603 Streambed Alteration Agreement from the California Department of Fish and Game (DF&G). Implementation of the following mitigation measure will reduce potential project impacts to less than significant: . 1. The applicant shall obtain a Department of the Army Permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act, a Streambed Alteration Agreement from the California Department of Fish and Game, and a Section 40.1 Water Quality Certification from the Regional Water Quality Control Board. Proof of permit approval from all agencies shall be submitted to the City Planning Department prior to issuance of any grading permit. R:IT M\2004104-0392 Vinyards View Estatesllnitial Study.doc 10 5. CULTURAL RESOURCES. Would the project: b. .. . . ". , -, " . . ',' IssJe~:and.su'r1iri--lrifcjmiaij()ri';s~J~~ Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Cause a substantial adverse change in the significance of an archaeolo ical resource ursuant to Section 15064.5? Directly or indirectly destroy a unique paleontological resource or site or uni ue eolo ic feature? Disturb any human remains, including those interred outside of formal cemeteries? :,.~Qt~n~aiIY' . 'Sig~W9nt . 1m act- ~ote,n._~f;lUy/ Signlflcant lJ.IJless': : ::;_:;~~i~Q~~9rv:-:,; -:= -: Inco rated:'" :'Less:Thaii : ::=S_ig~jflc:3~t.;.~ lhi aCt": . a. No hri' act X X c. x d. x Comments: 5. a-b.: No Impact: Construction of the proposed buildings will occur on land that has been previously graded, disturbed or used for stockpiling. An Archaeological Survey was prepared by Brian Smith & Associates (October 18, 2004) to survey the property for any evidence of prehistoric or historic cultural resources. An archaeological records search performed for the subject site found no previously identified cultural resources within the project boundaries. In addition, an on-site archaeological survey resulted in no cultural resources identified. Additionally, neither the City of Temecula General Plan Environmental Impact Report nor the City's General Plan identifies this project site as an area of significant cultural resources; therefore no impacts to cultural resources are anticipated. 5. c-d.: Potentially Significant Unless Mitigation Incorporated: The City of Temecula General Plan (Figure 5-7) identifies the project site as an area with a high potential for paleontological resources. A Phase 1 StudY. for Paleontological mitigation and monitoring was prepared by Brian Smith & Associates (October 6,2004) for the project site. The site is characterized by sandstone facies of the Pauba Formation, which has a well documented record of producing numerous vertebrate and invertebrate fossils. The report includes mitigation measures required for the project (items 1-4 below). Additional mitigation is proposed to reduce potential impacts to human remains. 1. Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following monitoring will occur (e.g., contract with qualified professional): Monitoring of mass grading and excavation activities in areas Identified as likely to contain paleontological resources by a qualified paleontogist or paleontological monitor. 2. Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following will occur (e.g., contract with qualified professional): Preparation of recovered specimens to a point of identification and permanent preservation, including screen-washing of sediments to recover small invertebrates and vertebrates. 3. Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following will occur (e.g., contract with qualified professional): Identification and curation of . specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the San Bernardino County Museum). The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. 4. Prior to the issuance of a grading permit, the applicant shall provide written documentation that. the following will occur (e.g., contract with qualified professional): Preparation of a final R:IT M\2004104-0392 Vinyards View Estateslinitial Study.doc 11 .5. monitoring and mitigation report of findings and significance, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location. Prior to the issuance of a grading permit, the applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. 6. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition. 7. The applicant shall provide an on-site archaeological and paleontological monitoring during all phases of earthmoving activities. 8. If sacred sites are discovered during ground disturbing activities, they shall be avoided and preserved. 6. GEOLOGY AND SOILS. Would the project: a. b. c. d. e. Comments: . -_Po~tiany Significallfll.ril8Ss ~itiga~.()tl--.' ': Inco - rated ~#~:~~'.: ", "',::S,i9!lifiCani .-: 1m act. ::F@~ntifJily Slgoificant :1m act. i. .. ,. Issues and-So" '-lnf6rmaUori SourCes Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvin : Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geolo . S ecial Publication 42. Stron seismic round shakin ? Seismic-related round failure, includin Ii uefaction? Landslides? Result in substantial soil erosion or the loss of to soil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral s readin ,subsidence, Ii uefaction or colla se? Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or ro e ? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? x No lih aCt x ii. iii. iv. x X X X X X 'a. i-iv: Less Than Significant Impact; The subject site is not within an Alquist-Priolo Special Studies Zone faulting, and no faults are known to be present at the site (General Plan Figure 7-1). The nearest mapped Its are the Wildomar and Willard Faults (within the Elsinore fault zone) which lie approximately 2.5 and 3.2 miles west of the site, respectively. These faults are considered to be active and potentially active, R:IT M\2004104-0392 Vinyards View Estates\lnitial Study.doc 12 respectively. However, this is not considered significant. No significant impacts are anticipated as a result of this project. ' 6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of tOPsOie The project site will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. No significant impacts are anticipated as a result of this project. 6. c.: Less Than Significant Impact: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. According to General Plan Figure 7-2 the project site is not within a Liquefaction Hazard Area or Areas of Potential Subsidence. No significant impacts are anticipated as a result of this project. 6. d.: No Impact: The project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. 6. e.: No Impact: The project site will not utilize septic tanks. A public sewer system is available and approvals from the Department of Environmental Health for solid wastes and waste water will be required. The project will connect to the public sewer system. No impacts are anticipated as a result of this project. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: .:-:.,.....,>; ., ,.,oo".,-,-", .._',',"_'. lssiJesand:Surtin 1r'1f()nn'ation'SourCeS Create a significant hazard to the public or the environment through the routine transportation, use, or dis osal of hazardous materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- uarter mile of an existin or ro osed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workin in the ro'ect area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or workin in the ro'ect area? Impair implementation of or physically interfere with an ado ted emer en res onse Ian or emer enc R:IT M\2004104-0392 Vinyards View Estatesllnitial Study.doc a. b. c. d. e. f. g. . PotenUally ~:\$ignifi~iJtl;Jn~ss/ : :' !',)("}~i~g~ti()ri::'\;;:,:::;: . . InCo ." rated' . :,::::;'.ROW'~~~I_ly. :: :':sjg~itl~n_f" . bri"act" Less Than ;S'ig~i_~nf\ '. ,.No Irnact .. 1m act X X X X X X . X 13 h. evacuation Ian? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intemnixed with wildlands? x Comments: 7. a.: No Impact: The project will not create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The proposed project consists of a residential development and will not generate hazardous materials that would create a significant hazard. Typical transportation, use and disposal of wastes associated with residential uses are anticipated, however these are not considered potentially significant. No impacts are anticipated as a result of the proposed project. 7. b.: No Impact: The proposed project will not create a significant hazard to the public Or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The proposed project consists of single family residential development. The releases of hazardous materials into the environment are not anticipated as a result of the proposed project. No impact is anticipated as a result of the proposed project. 7. c.: No Impact: The proposed project is located within three-quarters of a mile of an existing elementary school located on La Serena Drive. However, the proposed project is not anticipated to emit substantial emissions, materials or wastes that would create a significant impact. The project is required to implement mitigation measures to reduce air quality emissions as required in the Air Quality analysis. A less than significant impact is anticipated as a result of the proposed project. ..: No Impact: The project site is not located on a site which is included on a list of hazardous materials .s compiled pursuant to Government Code Section 65962.5 and, would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed project 7. e-f.: No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airstrip. Zone E of the French Valley Airport is located approximately 2,500 feet from the northern most boundary of the subject site. No impact upon airport uses will result from this proposal. 7. g.: No Impact: The proposed project is located within an urban area within the city limits. Emergency response or evacuation plan routes include the City's roadway network. The proposed project does not involve impeding or modify existing roadways and therefore, would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7. h.: No Impact: The proposed project is and is therefore, not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. 8. HYDROLOGY AND WATER QUALITY. Would the project: i/.;,;p~tM~,_,yi, "': " :'SlgnIficant ::lri:i-'act :::>::.RQ,t,9~~~to/i',::::,:; siQnmcant,lJn'_~~ "->. f~f~g;a~qn_: ."lrict;i"oratEl:d .' No. Imatt Issuesand-Su' - '.mn ".lnformation:Sources Violate any water quality standards or waste discharge re uirements? x R:IT M\2004104-0392 Vinyards View Estatesllnilial Sludy.doc 14 b. Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which oermits have been qranted)? c. Substantially alter the existing drainage pattern of the site . . X or area, including through-the alteration of the course of a . . stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in f100dinQ on- or off-site? e. Create or coritribute runoff water which would exceed the X capacity of existing or planned storm water drainage systems or provide substantial additional sources of oolluted runoff? f. Otherwise substantiallv deorade water quality? X g. Place housing within a 1 OO-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 1 OO-year flood hazard area structures X which would impede or redirect flood flows? . i. Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? . i. Inundation by seiche, tsunami, or mudflow? . X Comments: 15 / contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The proposed project will include an on-site _inage plan. The City of Temecula Public Works Department reviews all drainage plans and detenmines ~quate drainage facilities are in place capable of on-site drainage and that off-site drainage facilities can accommodate additional flow. The project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPDES) standards, which addresses drainage, siltation and erosion. A less than significant impact is anticipated as a result of the proposed project. 8. f.: No Impact: The proposed, project would not otherwise degrade water quality because the proposed. project is not considered a significant pollutant generator and will not include excessive fertilizer application or other similar materials that could degrade water quality. No impact is anticipated as a result of the proposed project. . 8. g.-h.: No Impact: The proposed project site is outside both the 100-year and 500-year flood plain per the Flood Insurance Rate Map (Community Panel 0607~2 0005B) and General Plan (Figure 7-3). No impact is anticipated as a result of the proposed project. 8. i.: No Impact: The proposed project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. The proposed project is not located in a Dam Inundation area for the Lake Skinner Dam or the Vail Lake (General Plan Figure 7-4). No impact is anticipated as a result of the proposed project. 8. j.: No Impact; The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. . LAND USE AND PLANNING. Would the project: ,.~;- . ',> . _ i F?o~enlicJIIYi . _~. ; :"Sigiliflcan,tl)rliess" : ., ":MitigatiOll' . Inco", rcitecf.. : "~_e~s,:T~ry.',,) . Signifi~nt . Im- act No 1m' act X a. b. . Issues and'Su rtin Information Sources Ph sicall divide an established communi ? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan. local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? ~_Ole~'~~jJ.Y :Sigr1i~~nr .Im act":. X c. X Comments: 9. a. and c: No Impact: The proposed project is currently zoned for residential uses, adjacent to existing residential uses to the north, south and west, and Butterfield Stage Road to the east. As proposed, the project will not divide an established community. The project site is a part of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which was adopted by City Council on January 13, 2004, and became effective March 12, 2004. The ordinance requires all projects submitted after June 22, 2004 to be talYZed to ascertain if a Habitat Assessment is required. The subject application was received prior to this e. Although the project is not subject to the Habitat Assessment requirement of the MSHCP, the impact ees associated with the ordinance apply to all development applications submitted after the effective date, to which this project is subject. No impact is anticipated as a result of the proposed project. R:\T M\2004\04-0392 Vinyards View Estatesllnitlal Study.doc 16 9. b.: Less than Significant Impact: The proposed project is consistent with the General Plan Land Use designations of Low Density Residential (L) and Low Medium Density Residential (VL). These deSignations. allow residential uses with a density of 0.5 to 2.0 dwelling units per acre in areas designated Low Density (Planning Area 9A) and 3 to 6 dwelling units per acre in areas designated Low Medium Density (Planning Area 7). The project density is consistent with the density ranges. Planning Area 7 density is proposed at 2.64 dwelling units per acre; Planning Area 9A density is proposed at 1.08 dwelling units per acre.' The project site is within the boundaries of the Margarita Village Specific Plan. The proposed project includes a Specific Plan Amendment to change the land use designations and residential (zoning) districts for Planning Areas 7 and 9. The land use change includes a request to change from Low Density Residential (L - 0.4 to 2 du/ac) to Medium Density Residential (M - 2 to 5 du/ac) in Planning Area 7. The residential designation changes would reduce the minimum lot sizes on the site from a minimum of one acre to 20,000 square feet in Planning Area 9A and 7,200 square feet in Planning Area 7. As a result of the proposed changes and upon approval of the Specific Plan Amendment, the proposed 37 residential units will be consistent with the Margarita Village Specific Plan. The proposed changes would result in smaller lot sizes than anticipated. The average lot sizes for the proposed project are 10,547 square feet in Planning Area 7 and 22,190 square feet in Planning Area 9A. However, the project design is compatible with lot sizes of the adjacent residential development to the west. The proposed changes will also result in a net increase of 18 dwelling units from the current Specific Plan designations for the subject site, including Planning Areas 7 and 9. However, the Specific Plan allows a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204 units below the allowable and anticipated development maximum analyzed in the Specific Plan EIR. The project site is the last developable area within the Specific Plan and if constructed, will still result in less than the maximum anticipated units for the Plan area. Therefore, no significant impact to land use and planning would result from the project. . 10. MINERAL RESOURCES. Would the project: :: -'::_Pot~'~'u~Hy . Significant'"" -':-Im'act ::-,:-"::>,f~.c)t~rti~lly,':'< ..: ':- ::~ \Slg~!~canqJh]_fitss;:: ;. .: ,: ':'::Mi~gati_oir_-;'- ", . .lnCo . rated.' l~-~:t~~n}';::: ~Igniflcailt" . ::Im-acl No 1m act X b. Issues and Su-': .. rUn Information Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local eneral lan, s ecific Ian or other land use Ian? X a. Comments: 10. a.-b.: No Impact: The proposed project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. The proposed project will not result in the loss of a locally- important mineral resource because the project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. No impact is anticipated as a result of the proposed project. . R:IT M\2004104-0392 Vinyards View Estatesllnilial Study.doc 17 .. NOISE. Would the project result in: Issues and'Surtin 'Infoinlallon Sources a. Exposure of persons to or generation of noise levels'in excess of standards established in the local general plan or noise ordinance, or applicable standards of other a encies? b. Exposure of persons to or generation of excessive roundborne vibration or roundbome noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ro'ect? ;:.-;. d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the ro'ect? e. For a project located-within an airport land use plan or, where such a plan has riotbeen adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the . ro'ect area to excessive noise levels? ~vmments: .. - -' i.<:P6~~~I~~i'.:;; : . 'SJQryifiCant'~ . "1m act" . . _ ,potentlaUy_ Sig~jflCant Y_~_less'-' . . :Mi~ga'tJon InCo . orated' X _ No lin act '::~le~'Than .:' J 'Significant' 1m "act X X X x x . 11.a,d: Potentially Significant Unless Mitigation Incorporated: The project may potentially expose persons to or generate noise levels in excess of standards established in the General Plan. The City's noise standard fro residential development is 65 dBA CNEL (exterior usable space) and 45 dBA CNEL (interior habitable space). If these levels are predicted to be exceeded due to area-wide build-out traffic, mitigation in the form of perimeter walls for outdoor recreation areas and structural upgrades for habitable rooms may be required. The one noise source associated with development is noise from construction activities. These activities may result .. in temporary vibration or activities resulting in a noise level in excess of the standards within the general plan and noise ordinance. The City has adopted Ordinance 90-04 which limits the hours of construction activity to the hours of 6:30 a.m. to 6:30 p.m., Monday - Friday, and 7:00 a.m. to 6:30 p.m. on Saturday, and no construction on Sunday. A Noise Impact Analysis was prepared by Giroux & Associates for the proposed project to analyze noise impacts for the project site. Butterfield Stage Road is the only non-residential roadway adjacent to the project site which requires traffic noise analysis. The reference noise level at 50 feet from the centerline along Butterfield Stage Road is 73.6 dBA CNEL. Usable outdoor space was measured 10 feet from the top of the proposed slope to the centerline of the road. The following mitigation measures are required for the residential lots adjacent to the roadway: 1. Exterior perimeter sound walls shall be constructed in the following locations: . Lots 1,2,20, & 12 Lots 3, 4 through 9 Lots 11 & 36 Lot 38 5-foot minimum height 4-foot minimum height 6-foot minimum height 6.5-foot minimum height R:IT M\2004104-0392 Vlnyards View Estalesllnitlal Study.doc 18 2. An interior noise analysis shall be submitted in conjunction with building plan check to verify that structural noise reduction as follows will be achieved in livable upstairs space at the perimeter tier of homes by the specified structural components shown on the building plans: . Butterfield Stage Road -27 dB (attenuation) 3. Building Plans shall include the following: Supplemental ventilation is required for all perimeter units abutting Butterfield Stage Road, capable of providing 75 CFM of fresh make-up air. The make-up air duct should face away from the perimeter roadway. 11. b-c.: Less Than Significant Impact; The project will not expose persons to or generate excessive groundbome vibration or groundbome noise levels that are permanent. Construction activity may generate ground borne vibration but as discussed above this is considered temporary and construction hours are limited by City Ordinance. The project will not result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The proposed project is for single family residential uses not associated with the creation of project-related traffic noise impacts. The proposed project.,.will. generate approximately 370 vehicle trips per day (37 units x 10 trips/day). These trips will be dispersed over a number of area roadways. The traffic noise from all 370 trips per day at 50 feet from the centerline of any single street at 50 mph is 54 dBA CNEL. Such levels are well below the 65 dBA CNEL residential standard. No significant impact is anticipated as a result of the project. 11.e-f: No Impact; This project is not within two miles of a public airport or public or private use airport. Therefore, people residing in the project area will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. 12. POPULATION AND HOUSING. Would the project: . a. .... " ..,...... '." ":.'-. ....;' ~::~::-.'j::'.>>.~-':" ./>.- :> ::~. . dssues:anaSu - n" JnfOrmatioii SourCeS.:,. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of re lacement housin elsewhere? ::r~i~~~':;' t~~i~~~[~f:' ;.~\~r~il " X ":;,No IfTl act.. b. 'X c. X Comments: 12.a: Less than Significant Impact The proposed project will result in the development of 37 single-family residences, a net increase of 18 homes from that anticipated with the existing land use designations, which is not considered a substantial growth in population. In addition, the 37 units will still result in 186 less total units than approved for the Margarita Village Specific Plan development. As proposed, the project will involve minimal extension of existing roads (Ahern Place and local residential streets), which is not considered significant and will not cut-off circulation of existing roads. 12. b.-c.: No Impact; The project will not induce substantial groWth in the area either directly or indirectly. The. project site is vacant and therefore, will not displace substantial numbers of people or existing housing. The project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. R:IT M\2004\04-0392 Vlnyards View Estatesllnitial Study.doc 19 a. . PUBLIC SERVICES. Issues and Su '." "'n Information-SourCes Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: ....',... 'PotenUciUy SiQilillcant ,'1m "act." . .::,:: 'P,otentially\.,: .: :=; S,lgnificailtJ~rlless';' ." ;Mfiigatioi(', ," . IncO rated. . ':Ce_~;'Tha~/'~ ! :'Significant:": .' No . .11'1"1 act. lin act . X Fire rotection? Police rotection? Schools? Parks? Other ublic facilities? X X X X X Comments: 13. a.: Less Than Significant Impact; The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase. the need for some services. However, the project will contribute its fair share through City Development .act Fees to be used to provide public facilities. The project will not have an impact upon, and will not result need for new or altered school facilities. The project will not cause significant numbers of people to ocate within or to the City. The project will have a less than significant impact upon the need for new or altered public facilities. The Rancho California Water District and the Riverside Department of Environmental Health have been made aware of this project. A condition of approval has been placed on this project that will require the proponent to obtain "Will Serve" letters from all of the public utilities agencies. Service is currently provided for the surrounding residential development, so extending service to this site is possible, which would result in less than significant impacts as a result of the project. 14. RECREATION. a. b. . :llssue'~ Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facili would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? .,"~~~!~~ ; ;S!f~~~~!~j,:,: i!:~ii.~~~J X X e"ments: 14. a.-b.: Less then Significant Impact; The proposed project includes the development of 37 single-family residences, as well as a 1.16 acre passive open space lot. This recreation area will be available to the R:IT M\2004\04-Q392 Vlnyards View Estales~nitial Study.doc 20 residents and will include play equipment for children, turf area, benches and possibly barbeque facilities. The project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The anticipated need to increase the neighborhood or regional parks or other recreational facilities. as a result of this project is not anticipated. '. 15. TRANSPORTATlONfTRAFFIC. Would the project: "a. b. c. d. e. f. g. .".: . :":..:' 'eot~I1,ti<3l1y_;:-,::.:-;.., Slgnlftea:rlt:l.@e~s::: :::.:.:;:.:r I~~tig~tie~'/: :'::.' :'::'L~~>rtla~":'" .- ':-~-$lg~l~caM:, >No' '. : ".: :'lill' acL:- -:' :,'An1" act'. X :P9t~n~flIJ~i ::-~IQr1mi:ial)t :-:"::Ini' act,-. .- -. ., . . . . -.' ." . . ....,.' .' ,'.' .. . .- - ,'-,-...,' ." ,'- -',' . ." : ::lssuesand'S~:'::-::'::~ri filto~atioflsou~S;:' Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle. trips, the volume to capacity ration on roads, or con estion at intersections? Exceed, either individually or cumulatively, a level of service standard established by the county congestion mana ement a enc for desi nated roads or hi hwa s? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safe risks? Substantially increase hazards due to a design feature (e.g.. sharp curves or dangerous intersections) or incom atible uses e. ., farm e ui ment? Result in inade uate emer enc access? Result in inade uate arkin ca aci ? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bic c1e racks? X X X X X X . Comments: 15. a.-b: Less Than Significant: The proposed project is consistent with the General Plan allowable density: A Traffic Count Analysis was prepared by Mahmoud Dibas, PE for the project. The report was reviewed by the City's Traffic Engineer and based on the following analysis, the report was deemed adequate and no additional traffic impacts are anticipated as a result of the project. The proposal includes 37 residential units (353,35 ADT). The project area is within the Margarita Village Specific Plan. The Specific Plan allowed a maximum of 3.923 dwelling units and only 3,719 units have been constructed; 204 units below the allowable and anticipated development maximum analyzed in the Specific Plan EIR. The project site is the last developable area within the Specific Plan and if constructed, will still result in less than the maximum anticipated units for the Plan area. The project will be required to contribute to the Traffic Signal and Street Improvement components of the Development Impact Fees prior to the issuance of any building permits. No significant impacts are anticipated. 15. c.: No Impact: Development of this property will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. This site' is not within the French Valley Airport influence area. Therefore. no impacts are anticipated as a result of the project. 15. d.: No Impact: The project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards. No impacts are anticipated as a result of this project. . R:\T M\2004104,0392 Vinyard. View Estalesllnitial Study.doc 21 . 15. e.: No Impact: The project will not result in inadequate emergency access or inadequate access to nearby uses. The project is designed to current City standards and has adequate emergency access and will not frfere with access to nearby uses. No impacts are anticipated as a result of this project. . f.: No Impact: The proposed project will meet industrial use parking requirements per Chapter 17.24 of the City of Temecula Development Code. No impacts are anticipated as a result of this project. 15. g.: No Impact: The project will be required to be designed consistent with adopted policies, plans, or programs supporting alternative transportation. Therefore, no impacts will result from this project. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a. b. c. e. f. g. Comments: . . .. . . . . ," ,'",,", .. 'lssuesandSu "il' 'h'fOmlatJonSou~s' -." ,:,", Exceed wastewater treatment requirements of the a licable Re ional Water Quali Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or ex anded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to ' accommodate the ro'ect's solid waste dis osal needs? Comply with federal, state, and local statutes and re ulations related to solid waste? ,.:". .. . -',,-',' : <F()i.~nti~i'!y: .'Slgni~(;;mt . .:'Im act:: . .. .Pt:>tentiallY" :::'Slgnrfl~~t.9~less : ;.'::: Mitigation ,.' . . :', ".: 'lnco . "rated'" No 1m act Le,~~:Thari:", . ", 'Slgnlfl.c~i1t" 1m act:. X X X x X X X 16. a. b. e.: Less Than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systenis. Since the project is consistent with the anticipated number of dwelling units for the Margarita Village Specific Plan, less than significant impacts are anticipated as . a result of this project. . 16. c.: Less Than Significant Impact: The project will require on-site storm drains to be constructed. The project may require various State and Federal Permits. The project will include the construction of underground Irm drains and drainage swales in various locations within the project site. No off-site storm drains or ansion of existing facilities are required as a result of this project. Riverside County Flood Control and ter Conservation District has reviewed the proposed plan and has detennined that the proposed project R:IT M\2004104-0392 Vinyards View Eslatesllnitial Study.doc 22 would not be impacted by District Master Drainage Plan facilities. Less than significant impacts are anticipated as a result of this project. 16. d.: No Impact: The project will not significantly impact existing water supplies nor require expanded wate. entitlements. The project will have an incremental effect upon existing systems. While the project will have an incremental impact upon existing systems, the Rancho California Water District has provided "water available" letters to the City Indicating water resources are available to serve to proposed project, provided the applicant signs an Agency Agreement with the Water District. No significant impacts are anticipated as a result of this project. 16. f. g.: Less Than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. b. c. " , _ 89ti:mtia,lIy, ". ':'_S_ig~m~~t Unless '.. ,:,~itig'!tIOn>':'. . Inco - rated X :',#()t~ntialhi .:. SiO~j~canf-. ..~lm act"" ':.LessXmin::", . :'Signlficanl' ' . linacf ", No Im'act Issues andSu" 'rtin Information Sources: . Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histo or rehisto ? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ro'ects, and the effects of robable future ro'ects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directl or indirectl ? . X X Comments: 17. a.: Potentially Significant Unless Mitigation Incorporated: The project will not degrade the quality of the environment on site or in the vicinity of the project. The developer may be required to obtain various State and Federal Permits including, Nation Wide Permit 39 from the U.S. Army Corps of Engineers, 401 water quality control permit from the Regional Water Quality Control Board, and a 1603 Streambed Alteration Agreement from the California Department of Fish and Game. These have been included as biological mitigation measures to reduce impacts to less than significant levels. 17. b.: Potentially Significant Unless Mitigation Incorporated: The project should not have impacts that are individually limited, or cumulatively considerable that cannot be mitigated accordingly. The project will not have a cumulative effect on the environment since the project site is a residential zone in an urban area, surrounded. by development. The applicant has submitted the necessary studies and documents, which have been reviewed by staff and it has been determined that any potential impacts can be adequately mitigated. Staff has R:IT M\2004104-0392 Vinyard. View Estatesllnitial Study.doc 23 included the appropriate mitigation measures as conditions of approval to ensure any potentially significant impacts are reduced to less than significant. . . c.: Potentially Significant Unless Mitigation Incorporated: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The residential project will be designed and developed consistent with the Specific Plan, Development Code, and the General Plan. Mitigation Measures as well as Conditions of Approval have been applied to ensure all potentially significant impacts have been reduced to less than significant impacts to humans and the environment directly and indirectly. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program fiR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. b. c. . 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. . Earlier anal ses used. Identi earfier anal ses and state where the are available for review. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b miti ation measures based on the earlier anal sis. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the address site-s ecific conditions for the ro'ect. SOURCES City of Temecula General Plan, adopted November 9,1993. City of Temecula General Plan Final Environmental Impact Report, adopted July 2,1993 City of Temecula General Plan Public Review Draft, dated December 2004 City of Temecula General Plan Update Draft Environmental Impact Report, dated December 2004 Margarita Village Specific Plan (Amendment No.5), dated October 10, 2000 Margarita Village SpeCific Plan Environmental Impact Report, adopted August 26, 1986 Margarita Village Preliminary Geotechnical Investigation, Leighton & Associates, Inc., dated April 12, 1988 Vinyards View Estates Jurisdictional Determination Letter, Thomas Leslie Corporation, dated January 5,2004 Vinyards View Estates Archaeological Survey, Brian Smith & Associates, dated October 18, 2004 Vinyards View Estates Phase 1 Study, Brian Smith & Associates, dated October 6,2004 Vinyards View Estates Noise Impact Analysis, Giroux & Associates, dated December 28, 2004 Vinyards View Estates Traffic Generation Comparison Report, Mahmoud Dibas, PE, dated August 2, 2004 Air Quality Analysis, Vinyard View Estates, Matthew Fagan Consulting,. dated March 28, 2005 R:IT M\2004104-Q392 Vinyards View Estates~nitial Study.doc 24 - ~ M o .... 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PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA 7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2 (20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING AREA 9A (PA04-0390)." WHEREAS, Vinyards View Estates, LLC, filed Planning Application Nos. PA04-0390, Specific Plan Amendment and PA04-0392, Tentative Tract Map (No. 23103-2) for the property consisting of approximately 18.32 acres generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 953-390-007 and 953-050- 009 ("Project"); WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; WHEREAS, the Planning Commission, at a regular meeting, considered the Project on June 1, 2005 to consider the applications and environmental review, at a duly noticed public hearing as prescribed bylaw, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; and WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended the City Council approve the Project and adopt the Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth hereunder; and WHEREAS, the Planning Commission adopted Resolution No. 2005-_ recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; and Resolution No. 2005-_ recommending the City Council approve a Tentative Tract Map; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinqs. The Specific Plan amendment is consistent with the general plan. \ The proposed amendments to the zoning, land use, planning standards and development standards are consistent with the General Plan for the City of Temecula. The site is physically suitable for the type of. residential uses proposed, and the R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\Draft PC SPA RESOLUTJON,doc I proposed specific plan amendment would further the City's long-term economic . development goals. Section 2. Environmental Compliance. Recommend adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. Section 3. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 05-_ attached to this resolution as Exhibit A, amending Planning Areas 7 and 9 of the Margarita Village Specific Plan. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of June, 2005. Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 151 day of June, 2005, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: Debbie Ubnoske, Secretary . R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\Draft PC SPA RESOLUTION.doc 2 . . . EXHIBIT A PROPOSED CITY COUNCIL ORDINANCE NO. 05_ SPECIFIC PLAN AMENDMENT R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\Draft PC SPA RESOLUTION.doc 3 . . . ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA 7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2 (20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING AREA 9A (PA04-0390). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: The City Council of the City of Temecula does hereby find, determine and Section 1. declare that: A. Vinyards View Estates, LLC, filed Planning Application Nos. PA04-0390, Specific Plan Amendment, and PA04-0392, Tentative Tract Map (No. 23103-2) for the property consisting of approximately 18.32 acres generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 950-390-007 and 953-050- 009 ("Project"); B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 1, 2005 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 05-_. recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project and Resolution No. 05-_, recommending the City Council approval of a Tentative Tract Map; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 05-_, recommending approval of a Specific Plan Amendment; F. On , 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. G. On , 2005, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the ProjeCt when it adopted Resolution No. 05-_; and Tentative Tract Map with Resolution No. 05-_; H. On , 2005, the City Council of the City of Temecula approved a Specific Plan Amendment for the Project when it approved Ordinance No. 05-_. R;\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\CC Ordinance SPA dRAFT. doc I Section 2. The City Council of the City of Temecula hereby amends portions of . MargaritaVillage Specific Plan as included in Exhibit "A". Section 3. Severability. 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 the provisions of this Ordinance are severable and if fOr any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this _ day of , 2005. . Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] . R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\CC Ordinance SPA dRAFf.doc 2 . . . 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 the foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 2005 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of , 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\S P A\2004\04-039Q Margarita Village SPA Planning Areas 7 & 9\CC Ordinance SPA dRAFT.doc . 3 i I i. I I ! i ! - , i , . I i i. i. I , i Margarita Village Specific Plan No.3 Amendment No.7 m ~ @ ~D \TI ~ Iml \Dll APR 25 Z005 ~ \~y City of Temecula April, 2005 . . Margarita Village Amendment No. 7 of Margarita Village Specific Plan No. 3 Lead Agency: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 951.694.6400 Contact: Debbie Ubnoske, Director of Planning . Prepared by: Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92591 951.699,2338 Contact: Matthew Fagan ,/ , . I City of Temecula April, 2005 . Margarita Village I. Summary of Changes .1. Summary of Changes-Amendment No.7, April 2005 Paragmph A from Amendment 3 will be deleted and replaced with the following amended Paragraph A. New Items i through Hi (listed below) will be added after Paragraph A, and the previously existing Items 1 through 3 and a through g will remain after Items i-Hi. A.. Specific Plan Thc Margarita Village Specific Plan (SP No. 199) was originally adopted by the Riverside County Board of Supervisors on August 26, 1986 by Resolution No. 86-355. Specific Plan Amendment No.1 was approved by the Board of Supervisors on September 6, 1988 via Resolution No. 88-471. Upon incorporation by the City of Temccula in 1989, Margarita Village was in the jurisdiction of the City. Specific Plan Amendment No.2 was approved by the; Temecula City Council on March 26, 1996. Specific Plan Amendment No.3 was approved by the Tcmecula City Council on October 7, 1997. Specific Plan Amendment No.4 was approved by the Temecula City Council on January 27, 1998. Specific Plan Amendment No.5 was approved by the Temecula City Council on October 10, 2000, and Amendment No.6 was approved by the Temecula City Council on January I 1,2005. The following paragraphs describe the changes to Specific Plan No. 199 that have occurred based on these amendments. . Specific Plan Amendment No.7 is being presented to the City of Temecula and proposes the following changes: 1. Planning Area 7 Planning Area 7 is proposing to be amended from 12 acres and 12 dwelling units to approximately 10.97 acres and 29 dwelling units. Planning Area 7 is proposing a Specific Plan Land Use change from Low (L) Density Residential (0.4-2 duJacre) classification to Medium (M) Density Residential (2-5 duJacre). The Specific Plan amendment would also include a zone change of PA 7 from the L-l (one acre minimum lot size) Residential District to Low Medium (7,200 sq. ft. minimum lot size) Residential District. With the proposed Specific Plan Amendment, Planning Area 7 would consists of 29 dwelling units on approximately 10.97 acres with a minimum lot size of 7,200 net square feet. The homes in Planning Area 7 shall have a minimum of 2,200 square feet of living area. 11. Planning Area 9A Planning Area 9A is proposing to be amended to separate this area from the existing Planning Area 9. Planning Area 9A is approximately 7.35 .acres of undeveloped residential land whereas Planning Area 9 has been developed as a three-acre private recreation community center. . Planning Area (PA) 9A is proposing to develop 8 single family residential units on approximately 7.35 acres. P A 9 would maintain the existing Land Use of Low (L) Density Residential (0.4-2 du/acre) and would change the Specific Plan zoning from L-l Residential District. (one acre minimum lot size) to L-2 Residential District (20,000 sq.ft. minimum lot size). The homes in PA 9A shall have a minimum of 2,500 square feet of living area, shall be one story in height and shall be strategically placed to allow view corridors for the existing residences to the west. Specific Plan No.3, Amendment No.7 Page 1- Margarita Village I. Summary of Changes No change of zoning or land use is being proposed for Planning Area 9. 111. Repagination Due to the modifications of Planning Areas 7 and 9A and, repagination will occur where necessary throughout the Specific Plan. Page III-14 shall also be added as none currently exists. Specific Plan No.3, Amendment No.7 Page 1- . . . . . . Margarita Village II. Project Development Plan 7. Planning Area 7-Amendment No.7, April 2005 The following langnage will replace the existing language for P A 7: a. Descriptive Summary Planninl! Area 7 will contain bew Medium Density Residential, family oriented development. A maximum total of -l- 29 dwelling units is planned at a target density of H ~ do/acre on-R 10.97 acres (Density Range 2-5 ~ do/ac). Refer to Figure Il- 18 for a graphic representation of Planning Area 7. Typical building elevations and architectural guidelines are provided in Section III.C.3., Design Guidelines. b. Land Use and Development Standards Please refer to the Svecific Plan Ordinance Amendment and Section 17.060.040 of the City of Temecula Develovment Code for standards not addressed in the Specific Plan Ordinance Amendment No.7 for PA 7. c. PlanniDl! Standards · Possible access into Planning Area 7 may be taken from Butterfield Stage Road off Ahern Place and Chemin Clinet (See Figure II-I 8). . A minimum of two parking spaces shall be provided per dwelling unit. At least two of the spaces shall be provided in an enclosed garage, either attached to, or separate from, the main dwelling unit. ~ . Please refer to Project-Wide Design and Textual Development Standards in Section II.B.2, for further land use standards that apply site-wide. . Please refer to Design Guidelines in Section III, for design-related criteria. Specific Plan No.3, Amendment No.7 Page 11- MarJ?;arita Village II. Project Development Plan 9A. Plannine: Area 9A-Amendment No.7. April 2005 . The following language will be added to the existing language of Planning Area 9 for the new subsection PA9A: a. Descriptive Summary Plannin!!: Area 9A will contain Low Densitv Residential. familv oriented development. A maximum total of 8 dwellin!!: units is planned at a tar!!:et densitv of 1.08 du/acre on 7.35 acres (Densitv Ran!!:e 0.4-2 du/ac). Tvpical buildin!!: elevations and architectural lmidelines are provided in Section III.C.3.. Desi!!:n Guidelines. In adddition. an approximatelv 1.16 acre park is bein!!: proposed at the southern end of PA 9A that mav contain a tot lot and associate plav equipment. benches and a passive turf area. Refer to Fil!ure 11-19 for a conceptual l!raphic representation of Plannin!!: Area 9A. Typical buildin!!: elevations and architectural lmidelines are provided in Section III.C.3. Desil!D Gnidelines. b. Land Use and Development Standards Please refer to the Specific Plan Ordinance Amendment and Section 17.060.040 of the Citv of Temecula Development Code for standards not addressed in the Specific Plan Ordinance Amendment No.7 for P A 9. . c. Planninl! Standards . Primary access into Planning Area 9A will be taken from ButteFfield Stoge Rilod Placer Loudeaonne. . A minimum of two parking spaces shall be provided per dwelling unit. At least two of the spaces shall be provided in an enclosed garage, either attached to, or separate from, the main dwelling unit. . Please refer to Project-Wide Design and Textual Development Standards in Section II.B.Z, for further land use standards that apply site-wide. . Please refer to Design Guidelines in Section III, for design-related criteria. . Specific Plan No.3, Amendment No.7 Page 11- . . . Margarita Village III. Design Guidelines 4. Village "B" Architectural Guidelines - Amendment No.7, April 2005 a. Introduction Village "B" shall contain two basic architectural motifs and a third custom area adjacent to the Vineyards on the eastern boundary of the property. Because the two neighborhoods will comprise the majority of Village "B", these guidelines will predominantly address those areas. The basic architectural theme for Village "B" will be Spanish,. Mediterranean, and French Manor. Planning Areas 2, 3 8, and 10/11/12 will have a combination of Mediterranean and French elevation styles. Planning Areas 4 and 6 will have a combination of Spanish and Mediterranean elevations. This is a natural combination of styles for the Rancho California area and will provide a variety of elevations as well as giving each development area a separate character. The Mediterranean style will provide the blend between the various planning areas and the Spanish and French will provide the necessary agent to keep the visual interest within the projects. All design elements used in Village "B" should work together to achieve a sense of neighborhood identify. b. Buildine: Mass. Form and Scale Village "B" shall include a range of dwelling units sizes in proportion to the size of the project. There shall also be a variety of elevation types per plan throughout the project. A sense of neighborhood will be accomplished by manipulating the building mass, form and scale within each planning area: .:. The homes in Planning Areas 2,3,8 and 10/11/21 shallrange in size from 1,500 sq. ft. to approximately 2,600 sq. ft. and a minimum for five (5) floor plans shall be provided. .:. The homes in Planning Areas 4 and 6 shall range in size from 1,200 sq. ft. to approximately 2,100 sq. ft. with a minimum of five (5) floor plans. .:. The Custom homes in Planning Area 9A shall have a minimum of2.5001,8()() sq. ft. of living area. The homes in Plannine Area 9A shall be one stOry and strateJricalIv placed to allow view corridors for the existine residences to the west. .:. The homes in Plannine Area 7 shall have a minimum of 2.200 Sq. ft. of liviD!! !!!:!!: Specific Plan No.3, Amendment No.7 Page 11I- S.P. Zone Ordinance Amendment Revised with Amendment No.7 April 2005 . SPA No.7 shall include amendinl! the Specific Plan Zone Ordinance for Planninl! Areas 7 and 9A. The enstinl! Planninl! Area 7 (item l!.) shall be replaced with the lanl!ual!e listed below in item l!. Planninl! Area 9 (item i) shall be amended to add Planninl! Area9A to item i. The revised lanl!Ual!e for Planninl! Area 7 and the new lanl!ual!e for 9A is as follows: g. Planning Area 7. (I) The uses permitted in Planning Area 7 of Specific Plan No. -l99 3 shall be the same as those uses permitted in the b-I-1M, District of Chapter 17.06 of the City ofTemecula Development Code. In addition, the permitted uses identified under Section 17.06.030 shall also include noncommercial community association recreation and assembly buildings and facilities. (2) The development standards for Planning Area 7 of Specific Plan No. -l99 3 shall be the same as those uses identified in the b-I- LM Residential District in Section 17.060.040 ofthe City of Temecula Development Code, except for thefollowing: A. The rear yard shall be not less than ten feet (l0'). B. There shall be no maximum-% percental!e oflot coverage requirement. C. The minimum lot area shall be 7.200 net square feet. D. The minimum averal!e lot width for a standard lot shall be sixty (60') feet. Corner lots or lots on a cul-de-sac shall have a minimum width of fIfty feet (SO'). provided the minimum l!ross lot area is maintained. E. The minimum lot depth for a standard lot shall be ninety (90') feet. The averal!e lot depth for comer lots or lots on a cul-de-sac shall be seventy (70') feet. . . (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. i. Planninl! Area 9A. (1) The uses permitted in Planninl! Area 9A of SpecifIc Plan No.3 shall be the same as those uses permitted in the L-2 District of Chapter 17.06 of the City of Temecula Development Code. In addition. the permitted uses identifIed under Section 17.06.030 shall also include noncommercial communi~ association recreation and assemblv buildinl!s and facilities. . . (2) The develovment standards for Plannine Area 9A of Specific Plan No.3 shall be the same as those uses identified in the L-2 Residential District in Section 17.060.040 of the City of Temecula Development Code. excevt for the followine: A. The rear vard shall be not less than ten feet (10'). B. There shall be no maximum percenta!!e of lot covera!!e reauirement. C. The minimum lot size shall be 20.000 net square feet. D. All homes shall be one stOry and strate!dcallv placed to allow view corridors for the adiacent residences to the west. E. An open space area shall be provided at the southwestern end of Plannin!! Area 9A. The open space will be a continuation of the existineopen space area for Tract .23100-5 and contain an approximatelv 1.16 acre park that is anticipated to be developed as a tot lot. 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EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA04-0392 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: '\ Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres within the Margarita Village Specific Plan area into 40 parcels, including 37 residential lots and 3 open space lots (Planning Area 7 - 29 residential lots and Planning Area 9 - 8 residential lots). The project site is located along the west side of Butterfield Stage Road, north of Rancho California Road. 953-390-007 and 953-050-009 Residential (greater than 14.1 DU) Residential - Detached Residential- Single Family June 1, 2005 June 1, 2008 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Division 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Fourteen Dollars ($1 ,314.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1 ,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of . Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 211 08(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department 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)). R:\T M\2Q04\04.0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 1 . GENERAL REQUIREMENTS . . R:\T M\2004\04~0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 2 . . . GENERAL REQUIREMENTS Planning Division 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. 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. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. This project and all subsequent projects within this site shall be consistent with Specific Plan No.3, Margarita Village Specific Plan. 5. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. 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. 6. 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.. 7. 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. . . 8. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement ()f any construction within an existing or proposed City right-of-way. 9. 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. 10. The vehicular movement at the intersection of Butterfield Stage Road and Ahern Place shall be restricted to right in/right out. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 3 Community Services Department . 11. Applicant shall comply with the Public Art Ordinance. 12. All slope/landscape plans, for lot 38, submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 13. All perimeter 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 area shall remain with the Homeowner's Association. All other landscaped areas, open space, entry monumentation, tot lot, walls including the parkway within the right-of-way along lots 36, 37 and 39 shall be maintained by the Homeowners Association (HOA) or private maintenance association. 14. The developer shall contact TCSD's Maintenance Supervisor for a pre-design meeting to obtain design specifications for Lot 38. 15. Construction of the proposed TCSD landscape maintenance areas 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 successors or assignees, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. . 16. 17. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 18. The developer shall not permit any additional easements on Lot 38 without approval by TCSD. 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. 19. Any previous existing conditions for this project or any underlying map will remain in full force and effect unless superceded by more stringent requirements here. 20. 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) . 21. All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case by case basis when they maintain the required travel widths and radii. 22. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. . R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 4 . . . 23. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. 24. 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) This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. Phasing is approved on a separate map, and is ultimately subject to final approval in the field. . 25. 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) 26. 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) R:IT M\2004104.0392 Vinyards View EstateslPC docslPC Draft COAs.doc 5 . . . PRIOR TO RECORDATION OF FINAL MAP R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 6 . PRIOR TO RECORDATION OF FINAL MAP Planning Department 27. 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: 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. ii. A Mitigation Monitoring Program was prepared forthis project and is on file at the City of Temecula Planning Department. A copy of the recorded Covenants, Conditions, and Restrictions (CC&R's): i. 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, private roads, and all landscaped and open areas including parkways. ii. The CC&R's shall be prepared at the developer's sole cost and expense. iii. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. iv. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. v. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. . . c. vi. vii. viii. ix. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that the association may not be terminated without prior City approval. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. Every owner of a suite or lot shall own as an appurtenance to such suite 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. R:\T M\2004\04.0392 Vinyards View Estates\PC docs\PC Draft GOAs.doc 7 All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by the CC&R's or by deeds and shall be recorded concurrent with the map or priorto the issuance of building permit where no map is involved. 28. No lot or suite 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 andlor suites 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. x. xi. . Public Works Department 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: 29. 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. k. I. Community Services District General Telephone Southern California Edison Company Southern California Gas Company Metropolitan Water District m. n. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 8 . . 30. . " The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Butterfield Stage Road (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), raised landscaped median. b. Improve Ahern Place (Collector Road Standards - 66' RIW) 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). c. Improve Chemin Clinet (Local Road Standards - 60' R/W) to include installation of paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). d. Improve Placer Loudeaonne (Local Road Standards - 60' 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). e. Improve Court "A", Court "B" and cul-de-sac north of Ahern Place - (Local Road Standards - 60' RIW) 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). I. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 31. Unless otherwise approved the following minimum criteria shall be observed in the design of the 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. Driveways shall conform to the applicable City Standard Nos. 207 and 207A c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. 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. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. All cul-de-sacs shall be constructed in accordance in 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. e. f. g. h. i. . j. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc . 9 k. 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 34kv or greater, shall be installed underground. All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. I. m. n. 32. 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. 33. Relinquish and waive right of access to and from Butterfield Stage Road on the Final Map with the exception of two (2) openings as delineated on the approved Tentative Tract Map. 34. Relinquish and waive right of access to and from Ahern Place on the Final Map as delineated on the approved Tentative Tract Map. 35. Relinquish and waive right of access to and .from Chemin Clinet on the Final Map as delineated on the approved Tentative Tract Map. 36. 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. 37. 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 olPublic Works. 38. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 39. Any delinquent property taxes shall be paid. 40. An Environmental Constraints Sheet (ECS) shall be prepared in conjunctionwith the Final Map to delineate identified environmental concerns and shall be recorded with the map. 41. 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. 42. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall R:\T M\2004\04.0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 10 . . . . . . provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 43. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Parcel Map\Final Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 44. 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. 45. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 46. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions. " Community Services Department 47. TCSD shall reviewand approve the CC&R's. 48. All TCSD slopellandscaping maintenance easements shall be offered for dedication on the final map. 49. 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. 50. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services. 51.. The developer shall post security and enter into an agreement to improve lot 38 and the landscaping within the raised median on Butterfield Stage Road. ' . 52. 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. 53. The developer shall satisfy the City's park land dedication requirement through the payment of in-lieu fees equal to .53 acres of park land, based upon the City's then current appraised park land valuation. R:\T M\2004\04.0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 11 Fire Department 54. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI ArclnfolArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 12 . . . . . . '1 PRIOR TO ISSUANCE OF GRADING PERMITS R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 13 . . . PRIOR TO ISSUANCE OF GRADING PERMITS Planning Division 55. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 56. 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. 57. The applicant shall obtain a Department of the Army Permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act, a Streambed Alteration Agreement from the California Department of Fish and Game, and a Section 401, Water Quality Certification from the Regional Water Quality Control Board. Proof of permit approval from all agencies shall be submitted to the Planning Department. (Mitigation Measure) 58. The applicant shall provide written documentation (to the Planning Department) that the following monitoring will occur (e.g., contract with qualified professional): Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources by a qualified paleontogist or paleontological monitor. (Mitigation Measure) ./ 59. The applicant shall provide written documentation (to the Planning Department) that the following will occur (e.g., contract with qualified professional): Preparation of recovered specimens to a point of identification and permanent preservation, including screen-washing of sediments to recover small invertebrates and vertebrates. (Mitigation Measure) 60. The applicant shall provide written documentation (to the Planning Department) that the following will occur (e.g., contract with qualified professional): Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the San Bernardino County Museum). The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. (Mitigation Measure) 61. The applicant shall provide written documentation (to the Planning Department) that the following will occur (e.g., contract with qualified professional): Preparation of a final monitoring and mitigation report of findings and significance, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location. (Mitigation Measure) 62. The applicant must enter into an agreement with the Pechanga Band of Luisenq Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. A copy of this agreement shall be submitted to the Planning Department. (Mitigation Measure) 63. The construction contractor shall schedule the construction activities so as not to interfere with peak hour traffic as much as possible, and if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. (Mitigation Measure) 64. The Applicant shall verify in writing (to the Planning Department) that all earth moving and large equipment are properly tuned and r]1aintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 14 should be selected and deployed considering the lowest emission factors and highest . energy efficiency reasonably possible. (Mitigation Measure) 65. Prior to the issuance of a grading and building permits, the applicant shall submit verification that a ridesharing'program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. (Mitigation Measure) 66. The following shall be included in the Notes Section of the Grading Plan: ''The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseiio Indians for proper treatment and disposition." Written documentation of agreemenVcontract shall be submitted to the Planning Department. (Mitigation Measure) 67. The following shall be included in the Notes Section of the Grading Plan: ''The applicant shall provide an on-site archaeological and paleontological monitoring during all phases of earthmoving activities." Written documentation of agreemenVcontract shall be submitted to the Planning Department. (Mitigation Measure) 68. The following shall be included in the Notes Section of the Grading Plan: "If sacred sites are discovered during ground disturbing activities, they shall be avoided and preserved." Written documentation of agreemenVcontract shall be submitted to the Planning Department. (Mitigation Measure) The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such arid the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." (Mitigation Measure) 69. 70. The following shall be included in the Notes Section of the Grading Plan: "All diesel-powered vehicles and equipment shall be maintained in a manner to minimize NOx emissions through regular tune-ups." (Mitigation Measure) 71. The following shall be included in the Notes Section of the Grading Plan: "All diesel-powered vehicles shall be turned off when not in sue for more than five (5) minutes, and the gasoline- powered equipment shall be turned off immediately when not in use." (Mitigation Measure) 72. The following shall be included in the Notes Section of the Grading Plan: "Electrical and/or natural gasoline-powered equipment should be utilized in-lieu of gasoline or diesel-powered engines." (Mitigation Measure) R:\T M\2004\04-Q392 Vinyards View Estates\PC docs\PC Draft COAs.doc 15 . . . 73. The following shall be included in the Notes Section of the Grading Plan: If construction equipment powered by alternative fuel sources (LPG/CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the project site. (Mitigation Measure) 74. The following shall be included in the Notes Section of the Grading Plan: Contractors should use particulate filters on diesel construction equipment. if such filters are available and are cost-competitive for use with this project. (Mitigation Measure) 75. The following shall be included in the Notes Section of the Grading Plan: During construction and all grading phases, the project site shall be watered down, to prevent fugitive dust and erosion, in the morning before grading and/or before construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. (Mitigation Measure) 76. The following shall be included in the Notes Section of the Grading Plan: During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 25 miles per hour, averaged over an hour), the Applicant shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. (Mitigation Measure) . 77. . The following shall be included in the Notes Section of the Grading Plan: The applicant shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized below: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on-site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. c. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off-site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. (Mitigation Measure) A:\T M\20Q4\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 16 78. The following shall be included in the Notes Section of the Grading Plan: During the course of the project grading and construction, the applicant shall post signs on-site limiting . construction related traffic and all general traffic to 15 miles per hour or less. (Mitigation Measure) 79. The following shall be included in the Notes Section of the Grading Plan: Graded and/or excavated inactive areas of the construction site shall be monitored by the Applicant at least weekly to ensure continued dust stabilization. Soil stabilization methods such as water and roll compaction and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over three days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered to establish and maintain grass growth, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. City staff shall be advised of the election of treatment made by the Applicant. (Mitigation Measure) 80. The following shall be included in the Notes Section of the Grading Plan: During the course of the project grading and construction, the Applicant shall sweep adjacent streets and roads so as to prevent the placement or accumulation of dirt in the roadway. Where vehicles leave the construction site and enter adjacent public streets the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible soil track-out extending more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. (Mitigation Measure) 81. The following shall be included on the Grading Plan: Exterior perimeter sound walls shall be constructed in the following locations: a. Lots 1,2,20, & 12 5-foot minimum height b. Lots 3, 4 through 9 4-foot minimum height c. Lots 11 & 36 6-foot minimum height d. Lot 38 6.5-foot minimum height (Mitigation Measure) Public Works Department 82. 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. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 83. 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 commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 84. A Soils Report 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 all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft CQAs.doc 17 . > . . . . . 85. 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. 86. 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. 87. NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 88. 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. 89. 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. 90. 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. 91. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc . 18 . PRIOR TO ISSUANCE OF BUILDING PERMITS . . R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 19 . . . PRIOR TO ISSUANCE OF BUILDING PERMITS Planning Division 92. Approval of a Residential Home Product Review application will be required. 93. An interior noise analysis shall be submitted in conjunction with building plan check to verify that structural noise reduction as follows will be achieved in livable upstairs space at the perimeter tier of homes by the specified structural components shown on the building plans: a. Butterfield Stage Road -27 dB (attenuation) (Mitigation Measure) 94. Building Plans shall include the following: Supplemental ventilation is required for all perimeter units abutting Butterfield Stage Road, capable of providing 75 CFM of fresh make- up air. The make-up air duct should face away from the perimeter roadway. (Mitigation Measure) 95. The following shall be added as a note ori the building plans: ''The construction contractor should utilize as much as possible precoated/natural colored building materials. Water- based or low VOC coatings should be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings application shall be used to reduce VOC emissions." (Mitigation Measure) 96. The following shall be submitted to and approved by the Planning Division: . a. 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: i. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). ii. One (1) copy of the approved grading plan. iii. An agronomic soil report. iv. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). v. Total cost estimate of plantings and irrigation (in accordance with the approved plan). vi. 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: a. Front yards and slopes within individual lots prior to issuance of building permits for any lot(s). b. Private common areas prior to issuance of first certificate of occupancy permit. c. HOA slope and landscape areas prior to issuance of certificate of occupancy for any lot immediately adjacent to said landscape area. R:\T M\2004\04.0392 Vinyards View Estates\PC docs\PC Draft COAs.doc . 20 b. d. 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: e. Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. vii. Hardscaping for the following: a. Pedestrian trails within private common areas Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: i. Decorative block for the perimeter of the project adjacent to a Public Right- of-Way equal to sixty-six (66) feet or larger and the side yards for corner lots. ii. Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. iii. Wood fencing or upgraded material shall be used for all side and rear yard fencing when not restricted by a and b above. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. c. 97. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. Public Works Department 98. Final Map 23103-2 shall be approved and recorded. 99. 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. 100. 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 con'struction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 101. 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. 102. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 21 . . . . . . Community Services Department . 103. Prior to the issuance of building permits or the installation of the streetlights, whichever comes first, the developer shall file an application, submit an approved Edison streetlight plan and pay the appropriate fees to the TCSD for the dedication of residential and arterial street lights into the TCSD maintenance program. 104. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. Fire Department 105. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to 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) .106. 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. 107. 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 forthis 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 III-A) 108. 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) 109. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide forthis project, a water 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 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 III-A) 110. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix 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 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 III-B) R:\T M\2004\04-0392 Vinyards View Estatss\PC docs\PC Draft COAs.doc 22 111. 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 112. 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) 113. 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) 114. 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 Associ~tion 24 1-4.1) R:\T M\2004\04.0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 23 . . . . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT R;\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 24 . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT Planning Department 115. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 116. 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. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 117. Front yard and slope landscaping within individual lots shall be completed for inspection. 118. Private common areas prior to issuance of first certificate of occupancy permit. 119. HOA slope and landscape areas prior to issuance of certificate of occupancy for any lot immediately adjacent to said landscape area. 120. Pertormance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas for a period of one year, in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Department for one year from final certificate of occupancy. Afterthat year. if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 121. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 122. 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 c. Department of Public Works 123. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 124. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 125. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft CQAs.doc 25 Community Services Department 126. The developer's shall provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 127. The developer or his assignee shall submit, in a format as directed byTCSD staff, the most. current list of Assessor's Parcel Numbers assigned to the final project. Fire Department 128. 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) 129. 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 Ibs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) R:\T,M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft CO~s.doc 26 . . . . OTHER AGENCIES . . R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft COAs.doc 27 . . . OTHER AGENCIES 130. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 10, 2004, a copy of which is attached. 131. . The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittals dated April 29, 2004 and June 14, 2004, a copy of which is attached. By placing my signature below,l 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 Planning Department approval. Applicant's Signature Date Applicant's Printed Name R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC Draft CQAs.doc 28 o CO\:.Jl'lTY OF RIVERSIDE . HEALL ..3ERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH . June 10, 2004 City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Cheryl Kitzerow RE: TENTATIVE TRACT MAP NO. 23103-2 (30LOTS) Dear Mr. Long: 1. The Department of Environmental Health has reviewed Tentative Tract Map 23103-2 and recommends: '; a A water system shall be installed in accordance with 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 equals 200 feet, along with the original drawing to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map 23103-2 is in accordance with the water system expansion plans of the Rancho Califomia Water District and that the water services, storage, and distribution system will be adequate to provide water service to such ''Tentative Tract Map". This certification does not constitute a guarantee that it will supply water to such Tentative Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. A responsible official of the water company shall sign this certification. The plans must be submitted to the Countv Survevor's Office to review at least two weeks PRIOR to the reouest for the recordation of the final map. 2. This Department has no written 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 sub divider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. ;, iff} ,: ,,// :; . . , Local Enforcement Agency. PO. Box 1280, Riverside, CA 92502-1280. (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering' PO. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 . . . Page Two Attn: Cheryl Kitzerow June 10,2004 3. 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 in accordance with plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office. 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 singed by a registered engineer and the sewer district with the following certification:"! certify that the design of the sewer system in Tentative Tract Map 23103-2 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 Tentative Tract Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2. This Department has no written statement from Eastern Municipal Water District agreeing to serve sewer service to each and every lot in the subdivision. It will be necessary for financial arrangements to be made PRIOR to the recordation .of the final map. Sincerely, . ~~~ro"_m1H'.iliSpeci.i" (909) 955-8980 @ Bancho '* Board of Directors John E. Hoagland President Csaba F. Ko Sr. Vice President Stephen J. Corona Ralph H. Daily Ben It. Drake Lisa D. Herman John V. Rossi Officers: Brian J. Brady General.Manager Pbillip L Forbes Director of Finance-Treasurer E.P. "BobM Lemons Direttor of Engineering Kenneth C. Dealy Director of Operations & Maintenance Perry R. Louck Controller Linda M. Fregoso District Secretary/Administrative Services Manager C. Michael Cowett Best Best & Krieger LLP General Counsel . April 29, 2004 Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 8y_ SUBJECT: WATER AVAILABILITY VINEYARD VIEW ESTATES (FORMER TRACT NO. 23103) APN 953-050-009 . To Whom It May Concern: 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, and the construction of on- and off-site facilities a.s required, 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 should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT M' hael G. Meyerpete , Development Engineering Manager Q4\MM:at021IFCF c: Marwan A. Y oun1s, MAY Group, Inc. Rancho California Water District 42135 Winchester Road. Post Office Box 9017 . Temeeula, California 92589-9017 . (9(9) 296---6900. FAX (909) 296-6860 Rancho Water Board ofDiredoJ:'S John E. Hoagland President Csaba F. Ko Sr. Vice President Stephen J. Corona Ralph lL Daily Ben R..Drake Lisa D. Herman John V. Rossi Officers: Brian J. Brad)' General Manager Phillip L. Forbes Director of Finance-Treasurer E.P. ''BobM Lemons iredor of Engineering Perry R. Louck Controller Linda M. Fregoso District Secretary/Administrative SerVi~ Manager C. Michael Cowen Best Best & Krieger LLP General Counsel June 14,2004 (OJrf@/!; 17; ", II,~{ LS l. li ! :", 1 '11/; JU :ifi, uU N 1 5 2D04 i!';/ 01 By ~ Cheryl Kitzerow CitY of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY VINEYARD VIEW ESTATES TRACT NO. 23103-2, A PORTION OF PARCEL NO.1 OF PARCEL MAP NO. 147/99; APN 953-050-007 AND APN 953-050-009, PLANNING APPLICATION NO. PA04-0392 Dear Ms. Kitzerow: 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 RCWDand the property owner, and the construction of on- and off-site facilities as required. 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 should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT -m'.l()h I~i~~eye~eter, DevelopmentEngineering Manager' 04\MM:.t073\FCF Rancho California Water District 42135 Winchester Road. Post Office Box 9017 . Temecula, California 92589-0017 . (909) 296-6900. FAX (909) 296-6860 . . . ATTACHMENT NO.4 PC RESOLUTION NO. 2005-_ TENTATIVE TRACT MAP R\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 10 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE TRACT MAP NO. 23103-2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-390-007 AND 953- 050-009." (PLANNING APPLICATION PA04-0392) WHEREAS, Vinyard View Estates, LLC, filed Planning Application Nos. PA04-0390, Specific Plan Amendment and PA04-0392, Tentative Tract Map (No. 23103-2) forthe property consisting of approximately 18.32 acres generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 953-390-007 and 953-050-009 ("project"); WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 1, 2005, 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 in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended the City Council approve the Project and adopt the Negative Declaration and Mitigation Monitoring Program subject to the conditions, after finding that the project conformed to the City of Temecula General Plan and Subdivisio~ Ordinance; and WHEREAS, the Planning Commission adopted Resolution No. 2005-_ recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; WHEREAS, the Planning Commission adopted Resolution No. 2005 - _ recommending that the City Council approve the Specific Plan Amendment; - WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinqs. The Planning Commission, in approving Planning Application No. PA04-0392 (TTM 23103-2) hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC RESO TM.doc 1 Tentative Tract Map No. 23103-2 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, Margarita Village Specific Plan, and the Municipal Code. . B. The 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; The project site IS not currently in agricultural production and in the recent and historic past (up to 20 years) the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. C. The site is physically suitable for the type and proposed density of development . proposed by the tentative map. The project consists of a 40-lot (37 residential units) Tentative Tract Map on property designated for low and low medium density residential uses, which is consistent with the General Plan, as well as, the development standards for the Margarita Village Specific Plan as amended. D. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. A Negative Declaration and Mitigation Monitoring Program have been prepared for the project, which mitigates any potentially significant impacts of the proposed project. In . addition, the project has been designed to reduce any significant impacts to the environment, including noise, aesthetics, air quality, biological, and cultural resources. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. . F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. . R:IT M\2004104.0392 Vinyards View EstateslPC docslPC RESO TM.doc 2 . . . All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements The applicant has been conditioned for payment of Quimby in-lieu fees prior to building permits, which will address the City's parkland dedication requirements. Section 2. Environmental Compliance. An Initial Study has been prepared and has determined that the project will not have any potential significant environmental impacts with the incorporated Mitigation Measures. As a result, the Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. Section 3. Conditions. That the City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. PA04-0392, a Tentative Map for 40 lots, located at the northwest corner of Butterfield Stage Road and Chemin Clinet, subject to the conditions of approval set forth in Exhibit A, City Council Resolution, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1'1 day of June, 2005. Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] R:IT M\2004\04.0392 Vinyards View EstatesIPC docslPC RESO TM.doc 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 151 day of June, 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:IT M\2004104,0392 Vinyards View EstateslPC docslPC RESO TM.doc 4 . . . . . . EXHIBIT A CITY COUNCIL RESOLUTION NO. 05-_ R:IT M\2004\04'0392 Vinyards View EstateslPC docslPC RESO TM.doc 5 . . . RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103- 2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-390-007 AND 953-050-009." (PLANNING APPLICATION PA04-0392). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find,determine and A. Vinyard View Estates, LLC, filed Planning Application Nos. PA04-0390 Specific Plan Amendment, and PA04-0392, Tentative Tract Map, located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 953-050-009 and 953-390-007 ("Project"); B. The application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; C. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 1, 2005 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the. public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; and Resolution No. 2005-_ recommending the City Council approval of a Specific Plan Amendment; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ recommending approval of a Tentative Tract Map; F. On , 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. R:IT M\2004104.0392 Vinyards View EstateslCC docslCC Reso TM DRAFT.doc 1 G. On , 2005, the City Council of the City of Temecula approved a . Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 05-_; and a Specific Plan Amendment when it adopted Ordinance No. 05-_; H. On , 2005, the City Council of the City of Temecula approved a Tentative Tract Map for the ~roject when it approved Resolution No. 05-_. Section 2. findings: The City Council of the City of Temecula hereby makes the following A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; Tentative Tract Map No. 23103-2 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, Margarita Village Specific Plan, and the Municipal Code. B. The 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; The project site is not currently in agricultural production and in the recent and historic . past (up to 20 years) the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 40-lot (37 residential units) Tentative Tract Map on property designated for low and low medium density residential uses, which.js consistent with the General Plan, as well as, the development standards for the Margarita Village Specific Plan as amended. . . D. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An initial study and Mitigation Monitoring Program have been prepared for the project, which mitigates any potentially significant impacts of the proposed project. In addition, the project has been designed to reduce any significant impacts to the environment, including noise, aesthetics, air quality, biological, and cultural resources. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. . As a result, the project will be conditioned to address . their concerns. Further, provisions are made in the General Plan and the Development R:IT Ml2004104-Q392 Vinyards View EstateslCC docslCC Reso TM PRAFT.doc 2 . . . Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements The applicant has been conditioned for payment of Quimby in-lieu fees prior to building permits, which will address the City's parkland dedication requirements. Section 4. The City Council of the City of Temecula hereby approves Tentative Tract Map No. 23103-2, Application No. PA04-0392, subdividing 18.32 acres into 40 parcels, for the property generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as assessors parcel no(s).953-050-009 and 953-390-007 subject to the specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this _ day of ,2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\T M\2004104.0392 Vinyards View EstateslCC docslCC Reso TM PRAFT.doc 3 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. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the _ day of , 2005, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: R:IT M\2004104'0392 Vinyards View EstateslCC docslCC Reso TM DRAFT.doc . 4 Susan W. Jones, CMC City Clerk . . . . . . EXHIBIT A CONDITIONS OF APPROVAL TENTATIVE TRACT MAP R:IT M\2004104,0392 Vinyards View EstateslCC docslCC Reso TM PRAFT.doc 5 . . . CITY OF TEMECULA PLANNING DEPARTMENT MEMORANDUM TO: Planning Commission FROM: Planning Department DATE: May 25, 2005 SUBJECT: Agenda Item #7 At the ti.me of this writing, additional research is required and the staff report cannot be compieted in time for inclusion in the agenda packet. Staff anticipates distribution of the staff report on Friday, May 27'h. If the required research cannot be completed in time, staff will be prepared to recommend a two-week continuance at the meeting. R:\PLANCOMM\Agendas\Agenda item memo.docl