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HomeMy WebLinkAbout121790 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING December 17, 1990 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mlra Lema Drive Temecula, CA 92390 CALL TO ORDER: ROLL CALL: Chairman Chiniaeff Blair, Fahey, Ford, Chiniaeff Hoacjland, PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commissioner Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Plannincj Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Minutes 1.1 Minutes of November 19, 1990 1.2 Minutes of December 3, 1990 PUBLIC HEARING ITEMS Case No.: Applicant: Representative: Location: Proposal: Recommendation: Case Planner: Conditional Use Permit No. Li Tomond Properties Markham 8 Associates Southeast Corner of Hwy 79 and Bedford Court For the construction of a 92Ll Sq. Ft. Gasoline Service Station and Mini-Market with beer and wine sales. Approval Steve Padovan Case No. Applicant: Representative: Location: Proposal: Recommendation: Case Planner: Parcel Map 25686 Jonan Management Services Loren Phillips and Associates u,3550 Business Park Drive To convert an existing warehouse building to a 2 unit condominium for ownership purposes. Approval Scott Wright Case No.: Applicant: R epresentati ve: Location: Proposal: Recommendation: Case Planner: Case No. AppIicant: Representative: Location: Proposal: Recommendation: Case Planner: Plot Plan No. 179 Johnson and Johnson Lusardi Construction Company Southwest corner of Rio Nedo and Tierra Alta Way Construct a 57,102 Sq. Ft. Industrial Buiding and a 3,250 Sq. Ft. testing facility on a LL5 acre site. Continue to January 7, 1991 Oliver Mujica Vesting Tentative Tract 231u,3 Amended No. u,/Change of Zone 5535. Taylor Woodrow Homes RanPac Engineering South of Pauba Road, East of Butterfield Stage Road 1,026 lot Subdivision with a change of zone from R-1 tO to R-u,-6000 and from R-1 to R-u,-5000 for 53u, lots. Recommend Approval Scott Wright Case No.: Applicant: Representative: Location: Proposal: Recommendation: Case Planner: Vesting Tract 231u,3 amended No. 3, First extention of Time Taylor Woodrow Homes Ranpac Engineering South of Pauba Road, East of Butterfield Stage Road. Extension of Time for a 1,092 lot subdivision Recommend Approval Scott Wright 7. Case No,: Applicant: Representative: Location: Proposal: Recommendation: Case Planner: Plot Plan No. 3xi and Tentative Parcel Map No. 25059 Change of zone No, 6 and No, 7 Preferred Equities Markham g Associates Ridge Park Drive, Southwest side approximately seventy (70) feet east of its intersection with Rancho California Road. Plot Plan No. 3~ and Tentative Parcel Map No. 25059 Construct one ( 1 ) Seven-Story Office Building containing 102,2Ll3 square feet; one ( 1 ) 7,000 square foot Restaurant; one ( 1 ) 7,872 square foot Restaurant; and one ( 1 ) Four- Level parking structure containing 13~,,933 square feet on 5.51 acres. Change of Zone No. 6 Change the maximum height limitation contained in the development Standards for the I-P (I ndustrlal Park) zone on this site from 50 to 75 feet. Change of Zone No. 7 Amend Ordinance No. 3u,8, Section 10.q (b), to increase the maximum height permitted, within the I-P ( Industrial Park ) zone, above 75 feet. Recommend Approval Oilvet Mujica 8. Planning Director Report 9. Other Business ADJOURNMENT Next meeting: January 07, 1991, 6:00 p.m., Vall Elementary School, 29915 Mira Loma Drive, Temecula, California SJ/Ib pc/agn12/17 ITEM #1 ITEM #2 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 17, 1990 Case No.: Conditional Use Permit No. 4 Prepared By: Steve Padovan Recommendation: Approval APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Tomond Properties Markham and Associates To construct a 924 square foot gasoline service station and mini-market with beer and wine sales. Southeast corner of State Highway 79 and Bedford Court. C-P-S ( Scenic Highway Commercial ) North: R-A-2.5 South: R-2-4000 East: R-2-4000 West: C-P-S ( Residential Agricultural ) (Multiple Family Dwellings) (Multiple Family Dwellings) (Scenic Highway Commercial ) Not requested. Vacant North: Vacant South: Residential Condominiums East: Residential Condominiums/Vacant West: Strip Commercial Center/Fast Food Restaurant No. of Acres: .94 No. of Buildings: One 924 sq.ft. building proposed. Proposed Use: Gasoline self service station and mini-market. Parking Provided: 9 spaces STAFFRPT\CUP4 1 BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: Conditional Use Permit No. ~, was originally submitted to the Riverside County Planning Department on March 26, 1990, as Plot Plan No. 11884. The site is located in the C-P-S zone, Scenic Highway Commercial. Gasoline service stations with the concurrent sale of beer and wine are permitted in the C-P-S zone subject to the approval of a Conditional Use Permit. in addition, convenience stores which sell motor vehicle fuel are permitted subject to a Conditional Use Permit. The original application for a gasoline service station and mini-market without the sale of beer and wine was submitted to the County under a plot plan application. However, Staff felt that this use was similar to a convenience store with motor vehicle fuel sales; therefore, the application was changed to Conditional Use Permit No. 4. The sale of beer and wine was later added to the proposal by the applicant. The project site is designated as Lot 1 of Parcel Map No. 21592. Under this map, the site was graded and road improvements to Bedford Court were completed. An existing strip commercial/retail center is located to the west of the project site across the street. The application was heard at the October 1, 1990 Planning Commission hearing. At this hearing, the applicant was requested to revise their plans. The item was continued off calendar for the redesign. Currently, the applicant has submitted revised plans and is seeking the approval of the homeowners committee of the adjacent condominium development. The applicant is requesting to construct a 924 square foot self service gas station and mini-market with the concurrent sale of beer and wine. Nine parking spaces, including one handicap, have been provided on-site. Six pumps will be located under a canopy in front of the mini-market. The proposed application has been designed to meet and exceed the standards of Ordinance No. 348. Nine parking spaces including a handicap space are provided which meets the required parking standards. In addition, the revised plans show a large landscape setback along the residential properties and the relocation of lighting and noise generating features away from the units. STAFFRPT\CUP4 2 Transportation Ingress and egress to the site has been limited to a single driveway on Bedford Court. This prevents vehicles from directly accessing SR79 from the site, thereby eliminating a potential traffic hazard. The Engineering Department has included several additional conditions to mitigate transportation impacts includin9 bonds to improve State Highway 79 and drainage improvements. Geoloqlc Hazards The County Geologist's letter dated May 29, 1990, indicates that liquafaction hazards are not likely to occur at this site and that no additional mitigation measures be implemented with respect to liquafaction. Site Desi.qn The pump islands and mini-market have been located at the farthest point possible on the site from the residential units. In addition, the market has been designed with the main entry area facing Bedford Court and SR79. The narrow strip of property along the State Highway will not be developed with any improvements and will be landscaped according to a landscape plan to be approved by the Planning Department prior to occupancy permits. A preliminary landscape plan has been provided by the applicant. An 18 foot landscape setback will be provided along the residential property line. Landscaping along the residential units will be dense and evergreen to provide a sufficient buffer between the uses. In addition, the parking spaces at the southern corner of the lot have been angled to further increase the landscape buffer and light standards will be low level and raflect light. downwards. Noise generating equipment has been relocated and a new decorative block wall will be constructed along the property line adjacent to the residential units. This wall will be 6 foot high as measured from the ground level of the residential property. To further reduce the impact to the residential properties, a Condition has been placed on the hours of operation for the site. The hours of operation will be limited to between 6 a.m. and 11 p.m. STAFFRPT\CUPq 3 GENERAL PLAN AND ZONING CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: The homeowners association created a questionaire that was answered by 41 homeowners. In addition, the developer issued a questlonaire in which 57 homeowners responded. These responses have been compiled by the association in a letter that is attached with the exhibits. Basically, the responses indicate that the homeowners are evenly divided on the project as proposed. However, the majority indicated that they do not agree with liquor sales on the premises. The sale of beer and wine is incidental to the sale of motor vehicle fuel on the site. These sales will be for off-site consumption and with the limitation on hours of operation will not be considered detrimental to any surrounding properties. An existing liquor store is located directly across Bedford Court and this business is open until 2 a.m. A Conditional Use Permit may be granted if the applicant can demonstrate that the proposed use will not be detrimental to the health, safety or general welfare of the community. The proposed service station and mini- market will meet these criteria as designed and with the Conditions of Approval attached. The proposed land use is commercially oriented and the property is zoned for commercial uses. A Conditional Use Permit is required for the mini-market and alcohol sales. The design of the project with the incorporation of the attached Conditions will not be detrimental to surrounding properties. Furthermore, there is a probability that the project will conform to the City of Temecula future adopted General Plan. An Initial Study was prepared for Conditional Use Permit No. 4 and is attached to this Staff Report. (See attachment A, Initial Environmental Study.) Staff recommends adoption of a Negative Declaration for Conditional Use Permit No. 4. Site Approval The site of the proposed use is suitable in size to accommodate the proposed intensity of development. The site design provides landscaping and parking in excess of code requirements. STAFFRPT\CUP~ 4 10. 11. The building is of an appropriate scale relative to the lot size and configuration as condltioned to be compatible with adjacent project. The project provides an increased landscape buffer along the adjacent residential properties. The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof. The use as conditioned will not generate excessive noise, vibration, traffic or other disturbances. The site for the proposed use has adequate access. A commercial driveway is provided off of Bedford Court. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Sufficient landscaping is provided that will allow use of deciduous trees for passive solar use. The project will not have a significant adverse effect on the environment. An Initial Study has been completed and a Negative Declaration is recommended for adoption. There is a reasonable probability that the project will be consistent with the General Plan once it is adopted; based on analysis in the staff report. SWAP shows the site as commercial and the current zoning is commercial. There is not a probability of detriment to, and interference with the future adopted General Plan Land Use if the proposed use is ultimately inconsistent with the new General Plan. These findings are supported by Staff analysis, minutes, maps and exhibits, associated with this application and herein incorporated by reference. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The project conforms to the existing uses along Bedford Court which are also commercial. STAFFRPT\CUP4 5 STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning commission: 1. ADOPT the Negative Declaration for Conditional Use Permit No. u,; and, ADOPT Resolution 90- Approving Conditional Use Permit No. L~, based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. SP:ks Attachments: 1. Resolution 2. Conditions of Approval 3. Planning Commission Minutes dated October 1, 1990 LL Environmental Assessment 5. Exhibits: STAFFRPT\CUP4 6 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 4 TO PERMIT OPERATION OF A 924SQUARE FOOT SELF-SERVE GASOLINE STATION AND MINI- MARKET WITH THE CONCURRENT SALE OF BEER AND WINE AT THE SOUTHEAST CORNER OF BEDFORD COURT AND SR79. WHEREAS, Tomond Properties filed CUP No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said CUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to the said CUP on December 17, 1990, at which time interested persons had opportunity to testify either in support or opposition to said CUP; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the CUP; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Fin~din.qs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty {30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: I1 ) The city is proceeding in a timely fashion with the preparation of the general plan. ~ 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAFFRPT\CUP~ 1 a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal bein9 considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed CUP is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that CUP No. u, proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. STAFFRPT\CUP~ 2 D. Pursuant to Section 18.26{e), no CUP may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any CUP approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. ( 1 ) The Planning Commission, in approving the proposed CUP, makes the following findings, to wit: a) The site of the proposed use is suitable in size to accommodate the proposed intensity of development. The site design provides landscaping and parking in excess of code requirements. b) The building is of an appropriate scale relative to the lot size and configuration as conditioned to be compatible with adjacent project. The project provides an increased landscape buffer along the adjacent residential properties. c) The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof. The use as conditioned will not generate excessive noise, vibration, traffic or other disturbances. d) The site for the proposed use has adequate access. A commercial driveway is provided off of Bedford Court. e) The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Sufficient landscaping is provided that will allow use of deciduous trees for passive solar use. f) The project will not have a significant adverse effect on the environment. An ) n itial Study has been completed and a Negative Declaration is recommended for adoption. g) There is a reasonable probability that the project will be consistent with the General Plan once it is adopted, based on analysis in the staff report. SWAP shows the site as commercial and the current zoning is commercial. STAFFRPT\CUP~ 3 h) There is not a probability of detriment to, and interference with the future adopted General Plan Land Use if the proposed use is ultimately inconsistent with the new General Plan. i) These findings are supported by St~rrf analysis, minutes, maps and exhibits, associated with this application and herein incorporated by reference. j) The lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. k) The project conforms to the existing uses along Bedford Court which are also commercial. E. As conditioned pursuant to SECTION 3, the CUP proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning commission hereby approves CUP No. u, for the operation and construction of a 924 square foot self-service gasoline station and mini-market with the concurrent sale af beer and wine at the southeast corner of Bedford Court and SR79 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHAIRMAN STAFFRPT\CUP4 ~ I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for CUP No. ~,. DATED: By Name Title STAFFRPT\CUP4 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Conditional Use Permit No. q Formerly Plot Plan No. 11884 Commission Approval Date: Expiration Date: Planninq Department The use hereby permitted by this Conditional Use Permit is for a 92~, square foot self service gasoline station with a mini-market and beer and wine sales. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents officers, and employees from any claims, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. ~,. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within one J 1 ) year of approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the one J 1 ) year period which is thereafter diligently pursued to completion, or the baginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, or as amended by these conditions. In the event the use hereby permitted ceases operation for a period of one J 1 ) year or more, this approval may become null and void. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. All outdoor lighting standards shall not exceed 7 feet in height adjacent to the residential properties to the south and east. The applicant shall comply with the street improvement recommendations outlined in the Conditions of the City Division of Transportation Engineering contained herein. STAFFRPT\CUP4 1 10. 11. 12. 13. 16. 17. 18. The applicant shall comply with the conditions of approval of the City Engineering Department contained hereln. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department~s transmittal dated August 10, 1990, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control Distrlct's transmittal dated May 2, 1990, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 5~,6 and the County Fire Warden's transmittal dated August 10, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County Geolagist~s transmittal dated May 29, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittals dated April 3, 1990, April 6, 1990, and August 20, 1990, copies of which are attached. The applicant shall comply with the recommendations set forth in the San Bernardino County Museum transmittal dated March 28, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the University of California, Riverside Archaeological Research Unit transmittal dated March 28, 1990, a copy of which is attached. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans p~ior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten {10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty |30) inches. The 10 foot setback adjacent to the residential units shall be landscaped with dense vegetation, opaque to a minimum height of 6 feet at maturity. Prior to the issuance of grading or building permits, four {~,) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 3~,8, Section 18.12, and shall be accompanied by a filing fee as set forth in Section 18.12, and shall be accompanied by a filing fee as set forth in Section 18.37 of Ordinance No. 3~,8. STAFFRPT\CUP4 2 19. 20. 21. 22. 23. 2u,. A minimum of nine (9) parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. Nine (9) parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with aspbaltic concrete paving to a minimum depth of 3 inches on u, inches of Class II base. A minimum of one ( 1 ) handicapped parking space shall be provided as shown on Exhibit A. 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 not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at __ or by telephoning 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. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: City Engineering Environmental Health Planning Department Riverside County Flood Control Fire Department School District Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. Prior to the issuance of building permits, the following additional and/or revised plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans Parking and Circulation Plans Building elevations shall be in substantial conformance with that shown on Exhibit B. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit C {Color Board). STAFFRPT\CUP4 3 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. Prior to the final building inspection approval by the Building and Safety Department, a 6 foot high decorative wall, measured from the ground level of the residential property to the south and east, shall be constructed along the entire easterly property line adjacent to the residential units. The block wall along State Highway 79 shall remain as it exists. The required wall shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. The trash enclosures which are adequate to enclose a total of one (1) bin shall be centrally located within the project, and shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be screened from external view. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. This project may be located within a subsidence or liquefaction zone prior to issuance of any building permit by the City of Temecula, a California licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for subsidence or liquefaction. Where hazard of subsidences or liquefaction is determined to exist, appropriate mitigation measures must be demonstrated. Signs shall require separate permits from the Planing Department {approval of a plot plan application ) and the Building and Safety Department i issuance of a building permit). Prior to the issuance of a grading permit, the applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this permit and its Initial Study which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of an occupancy permit, the applicant shall prepare and submit a written report to the Planning Director of the City of Temacula demonstrating compliance with all remaining conditions of approval and mitigation measures of the permit and its initial Study. One (1) Class III bicycle rack shall be provided in convenient locations to facilitate bicycle access to the project area. STAFFRPT\CUP4 ~ 35. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the planting for one year, shall be filed with the Department of Building and Safety. 36. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 37. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 38. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 39. Engine repair, maintenance, or body work services shall be prohibited. The hours of operation for the service station and mini-market shall be restricted to between 6:00 AM to 11:00 PM. All fuel and goods deliveries shall occur during these business hours. Enqineerlnq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning af the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF GRADING PERMITS: u, 1. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Department; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and GaiTtans STAFFRPT\CUP4 5 42. Z~3. 44. 45. 46. 48. 49. 50. 51. 52. PRIOR 53. Dedication shall be made or shown to exist on State Highway Route 79 to provide for a 71 foot half-width right-of-way ( 142 foot right-of-way). All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. The developer shall provide clearance from all applicable agencies and pay all fees prior to the approval of plans. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards. A permit shall be required from CalTrans for any work within the following right-d-way. State Hiqhway 79 The developer shall submit four (4) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. The developer shall submit four (4) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code and Chapter 70 as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24"x36" mylar by a Registered Civil Engineer. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right- of-way. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters and approval by the City Engineer. Surety shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney, guaranteeing completion of the public and/or private street improvements. TO BUILDING PERMIT All work done within the City right-of-way shall have an encroachment permit. STAFFRPT\CUP4 6 55° PRIOR 56. 57. 58. 59. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. In the event that State Highway Route 79 is not constructed by Assessment District No. 159 prior to building permit. the developer shall construct or bond for the improvements to provide for all half street improvements to CalTrans standards. TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: Construct. or bond for half street improvements until such time as the design is completed for the Assessment District 159, not to exceed three years, on State Highway 79, including but not limited to curb and gutter, A.C. pavement, sidewalk, parkway trees, and street lights, as determined by CalTrans and the City Engineer. (Revised per Planning Commission October 1, 1990 ) Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in affect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Pavement striping, marking, traffic and street name signing shall be installed per requirements of the City Traffic Engineer. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer and CalTrans. 60. The street design and improvement concept of this project shall be coordinated with Assessment District NO. 159. STAFFRPT\CUP~ 7 TO: FROM: RE: County of Riverside DEPARTMENT OF HEALTH CITY OF TEMECULA ATTN: Steve Padovan DATE: HEALTH SPECIALIST iV 08-10-90 CONDITIONAL USE PERMIT 4 The Environmental Health Services has reviewed Conditional Use Permit 4. and has no ob.lectlons. Sanitary sewer and water services are available in this area. Prior to bulldlnQ plan submittal, the foliowine items will be requested: 1. "W~ll-serve" letters from the water and sewerinQ 2. Three complete sets of plans for each food establishment will be submitted, lncludlnq a fixture schedule, a finish schedule, and a plumblnq schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. If there are to be any hazardous materials, a cigarante lett~L from the Env%ronmental Health Services Hazardous Materials Manaqement Branch (Jon Mohoroskl, 358-5055), will be required lndlcatlnQ that the Dro3ect has been cleared for: a. Underqround storaqe tanks. b. Hazardous Waste Generator Services. c, Hazardous Waste Disclosure (in accordance with AB 2185). d. Waste reduction manaQement SM:dr cc: Jon Mohoroskl, Hazardous Materials Branch KENNETH L EDWARDS 1995 MARKET STREET PO BOX t033 TELEPHONE i714) 787-2015 FAX NO (714) 788-9965 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County P1 ann i ng Department County Admi ni strati ve Center Riverside, California Attention: Regional Team No. ~ P1 an.er We have reviewed this case and have the following comments: Re: PP II i S4' Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the . Area drainage plan fees shall be paid in accordance with the applicable rules and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated is still current for this project. The District does not object to the proposed minor change. This project is a part of F>~ l (/517-- The project will be free of ordinary storm flood hazard when improvements ~ave been constructed in accordance with approved plans. The attached comments apply. Inior Civil Engineer ~ATE: H,/2/IR'tCl PLANNING & ENGINEERING 46-209 OASIS STREET, SUITE 405 INDIO, CA 9Z201 (619) 342-8886 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEx, VMAN FIRE CItlEF August 10, 1990 PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE, CA 92~oI (714) 275-4777 TO: CITY OF TEMECULA ATTN: PLANNING DEPARTMENT RE: CUP #4 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. Provide or show there exists a water system capable of delivering 2000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. The required fire flow shall be available from a super fire hydrant (6"x4"x2½x2½), located not less than 25 feet or more than 165 feet from any portion of the building as measured along vehicular travelways. Applicant/developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 2000 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant/developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 5. Height of canopy must have a minimum 13'6" vertical clearance. 6. Certain designated areas will be required to be maintained as fire lanes. 7. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. RE: CUP #4 Page 2 8. Applicant/developer shall be responsible for obtaining underground tank permits from both the County Health and Fire Departments. Prior to issuance of building permits, the applicant/developer sh~ll be responsible to submit a check or money order in the amount of $558.00 to the Riverside County Fire Department for plan check fees. 10. Prior to the issuance of building permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 25¢ per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. 11. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist :iiVE:t iDE COUnC. PL, nnin(; DEP, :tCnlEnC May 29, 1987 Compaction Labs, Inc. P. O. Box 271338 Escondido, CA 92017 Attention: Mr. Alan Sargent Subject: Liquefaction Hazard Project No. CL-1468 Parcel Map 21592 County Geologic Report No. 378 Rancho California Area Dear Mr. Sargent: We have reviewed the liquefaction aspects of the following reports: 1. Preliminar~ Soils Investigation for 5 Acre Conmnercial Site, Southeast Corner of Highway 79 and 1-15, Rancho California, by Compaction Labs, dated February 12, 1986. Inc., Limited Soils Investigation, Liquefaction Potential, Intersection Highway 79 and 1-15, by Construction Engineering, dated August 21, 1986; revision dated April 30, 1987. Seismic Information, Wildomar Fault, Temecula, CA, by Dennis Middleton, dated August 18, 1986; and revised Seismic Investigation, dated April 16, 1987. These reports determined that liquefaction is not likely to occur at this site. It was concluded that the proposed development is feasible and that no extraordinary mitigation measures be undertaken with respect to liquefaction. It is our opinion that the report was perfoXed in a manner consistent with the "state-of-the-art" and satisfies the additional information requested 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46'209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342'8277 Compaction Labs, Inc. - 2 - May 29, 1987 under the California Environmental Quality Act review and Seismic Safety Element of the Riverside County Comprehensive General Plan. Very truly yours, RIVERSIDE COUNT PLANNI G DEPARTMENT Roge~S,S~ree er - P1 ning Director Steven A.' n SAK:rd c.c. Terraton Corp.-Applicant Larry Markham & Associates Norm Lostbom-~ldg. & Safety (2) Planning Team i STATE Of CALIFORNIA--BUSINESS, TRANSP~TATION AND HOUSING AGENCY DEPARTA4ENT OF TRANSPORTATION DISTRICT 8. P.O. BOX 231 SAN SERNARDINO, CALIFORNIA 92402 TDD (714) 3834609 AUgUst 20, 1990 Development Review 08-Riv-79-19.7 Your Reference: CUP 4 city of Temecula Attention Steve Padovan Development Review Committee 43180 Business Park Drive, Suite 200 Temecula, CA 92390 Dear Mr. Padovan: Thank you for the opportunity to review the proposed gasoline service station located at the southeast corner of Bedford Court and State Route 79 in the City of Temecula. This proposal was reviewed earlier by this office in April, 1990 for the County of Riverside. All comments made in our letter dated April 3, 1990 are still valid. Please find enclosed a copy of this letter. If additional information is desired, please call Mr. Mike Sim of our Development Review Section at (714) 383-4384. very truly yours, TIM CHOWD'~H~Y District Development Review Engineer Att . DISTRICT 8, P,O. BOX 231 SAN B~RNARDINO, CALIFORNIA 92402 TDD (714) 383-4609 STATE C~ CALIFORNIA--BUSINESS, TRANSPC~TAT~ON AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION RIVERSIDE- COU~ITY' GEORGE DEUKMEJIAN, Governor Development Review 08-Riv-79-19.7~ Your Reference: PP 11884 Planning Department Attention Mr. John Ristow County of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Mr. Ristow: Thank you for the opportunity to review the proposed Plot Plan No. 11884 located at the southeast corner of Bedford Court and State Route 79 in Rancho California. Please refer to the attached material on which our comments have been indicated by the items checked and/or used by those items noted under additional comments. If any work is necessary within the state highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call our Development Review Section at (714) 383-4384. very truly yours, ~ ~ I~/ H. N. LEWANDOWSKI District Permits Engineer Att. cc: Lee Johnson, Riverside County Road Department (Your Reference) CALTRANS DEVELOPMENT REVIEW FORM ate f ,v- 7q - I% 7 Plan checker (Co Rte PM) WE WOULD LIKE TO NOTE: ~ CcrstrucHnl/Da~Lit_im within present or proposed State right of ~ay should be investigated for potential ~,xk~s ~aste (asDestos, petrochsm c~]% etc.) and n~t_igated as per requ3.rements of regulatory aeries. &" When plans are su~nitted, please conform to the requirerents of the atr~-hed 'Pandour". 7kts will expedite the review profes~ ar~ time requ3_red for Plan (]~eck. AlthouSh the traffic and draznage generated by this prop~] do not appear te have a significant effect on the state high~ey sistam, consideration ~st be given to the c~,]~tive effect of continued develc~ent in this area. Any ~,~res nec~-y to n~.tigate th~ cumulative xmpact of traffic and drainage s~11 be provided prior to or with developrent of the ares that Def~itatss then. It appears that t~ traffic and draJjmge generated by this proposal cocld have a sigr~ficant effect on the state high~ey system of the ares, Any m~uras ne-~ry to mirj.8~te the traffic and drao_nage 3,,7~mcts shall be includ~d with d~ developmint. ~ portice of state highway is i~slud~ in the C~] ~ fonua Faste~ Plan of S~ate Highways for Official Scenic PLt~m~y Desigasuice, and in th~ future yucr agency my wish to have t~uL~ officially desi~mted as a state _~r_~ic hig~mey. Ibis portice of state highway has been officially designated as a state scenic highway, and devel.oFn~t in this corridor should be compatible with the scenic hi~ay concept. It is reco,~sLized tJmt there is censiderable public concern aD:at no~se levels adjacent to heavi/y traveled highways. Land development, in order to be cc~tibie with this c~mcern, my require noxse attsnuaticn measures. Developrent of property should include any necessary noise atrsnuatice. WE REQUEST THAT THE ITSqS CHECKED BELOW BE INCLUDED IN THE CONDITIONS OF APPROVAL FOR THIS PROJECT: ~ee a~(~{O~ Oo~rffe~ I V" Normal right of way dedication to provide half-width on the state highway. %-" Normal street improvements to provide ~| half-width on the state highway. P/Curb and gutter, State StandardAZ'6along the state highway. ~/Parking shall be prohibited along the state highway by paint%ng the curb red and/or by the proper placement of "no parking" signs. ~ ~6[ radius curb returns be provided at intersections with the state highway. A standard wheelchair ramp must be provided in the returns. A positive vehicular barrier along the property frontage shall be provided to limit physical access to the state highway. Vehicular access shall not be developed directly to the state highway. Vehicular access to the state highway shall be provided by existing public road connections. Vehicular access to the state highway shall be provided by driveways. standard Vehicular a~,~ shall noc be provided within of c~e intersection an Ve~icul~ e c~r~ec~c~s shall be ~eved at leest witAin the szate ,hi~ey right of ~ey. Access points to tJe state hi~ey ~ell be developed in a manner r~at ~ provide siam distare for n~q along r_-e state ~/.La~d~-~plng along t_he sta~e higtr~ay s~alI be low and forgiv-~n8 in na~L~e. A left-turn lane, including any nec~ry widening, sham ~e provided on r_be s~ate b. iF~ey at Consideration shall be given ~o t2~ provision, or future provision, of and A traffic study indicating o~- and off-si~e flow ~etterns and vol~nes, protreble ~ts, and proposed miti~aci~l ii~asu~es ~aLl be prepred. Adequate off-st. feet ~eLrking, wf~.ch ~oes noC require b~ ~nto th~ ~rat~ h~ay, shall be provide. lot sh~l l be developed in a runner t_hat will not cause any ve~L~,l~r lnmvere~t c~mfli-'ts, including paring stall e~:ran~ and e=n, within of ~ an=m-~e from me ~ar~ kiSh~y. ~endicap perking .~mll noc be developed in the busy driveey emr_~arf. e are~. /Care s~-~l] be raPan ~m developu~ rkis property to pr~=~rve ~nd perpetuate t]~e ex~ting d~ pettern of t~e .~.a~e .high~ey. Pro-tic, liar co~siderati(m shx~d ~e given to c,,~,l~r~ve ]ncres_~ad storm rimoff to u~sure r~at a iLi~m~y drainage problsn is n~t cre~tec. L//Any n~z~-~ry noLse at~enuat_ic~ shall be provided as pert of ~ne develo~.-ent of this property. /P!~a~e refer co aczacneu ad~iKio~al ccfr, p, nts. WE REQUEST: / A copy of a~y ca-~inions of approval or revised approve. P/" A copy of any d~z~,.=,~s providiqS additional s~ate bi.~h~ay right of ~y upon recordaticm of r~e nap. WE REQUEST LiE OPPOFcTUNITY TO REVIEW DURIi~G THE APPROVAL PROCESS: ~'/Any proposals to furr. ner develop t. bis proper~y. l__~ copy of Ue traffic or env~ror~nemr21 study. ~c~eck print of ~e P~rc~ or Tra:~ ,,~p. d~ p~t of =~ Gra~ ~ ~ge P~ for ~ pretty ~ a~ble. Date: April 3, 1990 Riv-79-19.7 + (Co-Rte-PM) PP 11884 (Your Reference) ADDITIONAL COMMENTS: State Route 79 shall be improved to its ultimate width for the entire length of the property. If channelization is required from three lanes to a lesser width, it shall be done with striping to State standards. The street improvements shall be dimensioned from the "planned centerline", not the existing centerline as shown. 3. A landscaping plan must be submitted. County Planning Department: Our records indicate two potential Right-of-Way (R/W) half-widths at this location. They are as follows: a) Urban Arterial Highway (134 ft. R/W) b) Ranpac's preliminary drawings for AD 159 (142 ft R/W) Please provide this office with a set of the latest drawings/information (including a Typical Section) regarding this matter in order that we might better coordinate our agencies' efforts for proposals along the lower portion of Route 79. The latest Ranpac drawings in our records show a typical cross- section for Route 79 which calls for a street improvement half- width of 48 ft. and does not include curb and gutter. The lack of curb and gutter is unacceptable on an Urban Arterial. It has been our understanding for some time that the State highway was to have a half-width of 55 ft. with A2-8 curb and gutter along all portions of lower Route 79 from east of Butterfield Stage Road to its intersection with Route 1-15. Please include your latest information on this matter with your transmittal of the drawings requested above. TRANSP6RTAT SAN BERNARDINO, CA 02 GEORGE DUEK~EJIAN. Governor Your Reference: PP 11884 April 6, 1990 ~~ 08-Riv-79-19.7~ Planning Department Attention: Mr. John Ristow County of Riverside Riverside, CA 92501 Dear Mr. Ristow: On April 3, 1990, a letter of review and a "HANDOUT" was sent to your office regarding the above-noted Plot Plan. Unfortunately, an oversight occurred whereby the necessary Traffic Index information was not included in one of the General Notes required to be placed on the plans. The information to be included in that note is as follows: ... A Traffic Index (TI) of 11.5 shall be used in the deslgn of the Travelled Way and a TI of 7.5 shall be used for the shoulder design .... If you should have any questions, please call Mr. Jim Neville at (714) 383-4384. Thank you for your cooperation. Sincerely, H. N. Lewandowski District Permit Engineer ATE: March 28, 1990 TO: Assessor Building and Safety - Land Use Building and Safety - Grading Surveyor - Ken Teich Road Department Health - Ralph Luchs Fire Protection Flood Control District Fish & Game U.S. Postal Service - Ruth E. Davidson U.S. Fish & Wildlife Services County Superintendent of Schools Eastern Municipal Water District Rancho California Water District California Edisen Southern California Gas General Telephone Caltrans #8 Temecula Unified School District :IiVE:[NDE county pLAnninc DEPA:IClTIEnC Commissioner Turner , San Bernardino County Museum/ UCR - ARu Community Plans APR 19 1990 mVERSlDE COUNTY PI,M4NING DEPARTMENT PLOT PLAN 11884 - (Tm 5) - E.A. 34949 - To~nd Properties - Markham & Associates Temecula Area - First Supervisorial District - Corner of SH 79 and Bedford Ct. C-P-S Zone - .94 Acre - REQUEST: Gas station and Mini Mart - Mod 119 A.P. 922-210-041 Please review the case described above, along with the attached case map. A Land Division Committee meeting has been tentatively scheduled for April 30, 1990. If it clears, it will then go to public hearing. Your comments and recommendations are requested prior to April 30, 1990, in order that we may include them in the staff report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact John Ristow at 275-3298. Planner COMMENTS: The parcel is located on the fossiliferous Pauba Formation. Construction excavation will impact nonrenewable paleontol~ic resources. The developer must retain a qualified vertebrate paleontologist to develop a site-specific program to mitigate impacts to paleontologic resources. This program should include: (1) monitoring of excavation by a qualified paleontologic monitor; (2) preparation of recovered specimens, including sediment processing for smalI vertebrate fossils; (3) curation of specimens into an established repository; and (4} a report of findings with 4/lb/VU PLEASE print name and title PHONE: 798-85?0 )m Dr. Allan g. Grlesemert Museums Uirector 405u LEMOF, STREET, 9TM FLOOR Ri v'F.F-:;':.:DE. CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET. RC,:Z,M 304 INDIO, CALIFORNIA 92201 {619) 342-8277 ATE: TO: March 28, lggO Assessor Building and Safety - Land Use Building and Safety - Grading Surveyor - Ken Teich Road Department Health - Ralph Luchs Fire Protection Flood Control District Fish & Game U.S. Postal Service - Ruth E. Davidson U.S. Fish & Wildltfe Services County Superintendent of Schools Eastern Municipal Water District Rancho California Water District California Edieen Southern California Gas General Telephone Caltrans #8 Temecula Unified School District =IiVER iDE count,u PLAnninG DEPARClTIEnC Commissioner Turner San Bernardino County Museum UCR - ARu / Community Plans R~_CE~ IN ARU APR 02 1990 PLOT PLAN 11884 - (Tm 5) - E.A. 34949 - Tomond Properties - Markham & Associates - Temecula Area First Supervisorial District - Corner of SH 79 and Bedford Ct. C-P-S Zone - .94 Acre - REQUEST: Gas station and Mini Mart - Mod 119 - A.P. 922-210-041 Please review the case described above, along with the attached case map. A Land Division Committee meeting has been tentatively scheduled for April 30, 1990. If it clears, it will then go to public hearing. Your comments and recommendations are requested prior to April 30, 1990, in order that we may include them in the staff report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact John Ristow at 275-3298. Planner COMMENTS: it is rec '~ ~ ea be reevaluated by a qualified archaeologist. DATE: 4/23/90 SIGNATURE PLEASE print name and title PHONE: 7R7-IRR5 F A QTERN INFORMATION I.;I:N rE R Archaeological Research Unit Univsrsiity of C~lrOrnm RIverside CA 92521 4C, b 5 LEMON STREET, 9T~ FLOOR P;', ERSID, E, CALIFORNIA 92501 (714) 787-6181 46-209 OAS,~ STREET, ROOf.! 304 INDIO, CALIFORNIA 92201 (619) 342-8277 PLANN]N(~ (IOMMI,qSI()N MFNU'FF..8 3. CONDT'CIONA& USE PERMIT NO, 4 PrnDo~a] to construct a 924 sg. ft. gasoline service station and mini-market with beer and wine sales ].ocated at foe sol]fbeas~ corner of SR79 and Bedford Court. STEVE PAOOVAN provided the staff report on this project. GARY THORNB]L]. stated that the planning department had been working with the applicant regarding the areas between the ,~d!acent residPnfia] housing and the proposed gaso].ine station. He stated that the app|icant had reconf~gl]red Son]e of the rear parking add re]ocated the air and water service area closer to SR79. He a]so adv3~Pd the (Inn]n]jssjon that the applicant was reffuest~ng a modif]cati. on of the hourm of operation proposed by the Pta~nina D~partn]Pnt of 7:00 A.M. to l]:00 COMMISSIONER CRINIAEFF opened the ouhl. i.c heari. nq. LARRY MARKBAM, Markban] & Associates, 43750 WAnchester Road, Temecuka, indicated that the applicant has concurred with fbe staff report; however, ~be proposed hours of operation were not acceptable, and that they were seeking ~4 bout operation. He stated that they felt they had adequately addressed the issue of noise by providing landscane buffers and block walls to separate the residential. housing from the proposed gasoline station. Me also stated that the applicant was proposing an on-site security guard. Mr. Markham requested modification of the following Conditions: No. 44, he indicated that the SR79 right-of-way had already been dedicated; No. 49 - 54, 57 and 58, Mr. Markham stated MIN.IO/1/90 -4- 10/10/90 Pf.ANN ! N(; r.(~MM 'f .qs r oN M .! OCTOBER 1, ~q90 that under D~inr aDprnva~s there were no requirements for the jmprnvements ot~er tbaD what t~ey bare already dnne and that Assessment ~lstrict No, 1.59 ham expressed that they do not want them done at thin time: No. 59, he a~ked the Comm]~slon if they had a time frame for the f~llre on the m~tjgatjoD fees. TERRSA SANESI, 4473Y "C" f,a Paz, Temecul. a, stated that she ]~ nne of the ~46 homeowners adjacent to th~s project and feels that they should nnt have ~o |Ave next to a ga~ ~t~t~nn, No one eJse requested to s~eak on this jtem. LARRY MARKHAM stated that the applicant and representatives have met with the Hnmeowner's Board on three different nccassinns and presented the Pl. anning DePartment wjt~ a draft )etter from them giving their approval of the pro~ect. COMMISS:IONER CHINIAEFF innicated he Was torn on this ~ropnsal in that the commerci, al de~i. qnatinn for this Property had been in D}aee S]DCe before the cnndns wer~ built. In addition, this is one of onty three off- ramps ~D town add the ~rooosed Hse sbnu]d be Incated at an off ramp to held relieve congestion in the core of the city. The impact on the residences cou]d be sottoned by a redesiqn of the site. COMMISSIONER FORD moved fo close the public hearing and deny the Negative Dec].aration and not adopt the Resolution aDDroving Conditionall Use Permit No. 4, and directed staff to re-submit to the Commission with appropriate landscape P]an~, assessment distr~ct plans, determination on the hours Of operation, architectural plans and input from the Rainbow Meadows Homeowners Association. COMMISSIONER BLAIR seconded the motion. AYES: 3 COMMISSIONERS: Blair, Ford, Chiniaeff NOES: 1 COMMISSIONERS: Fahey ABSENT: COMMISSIONERS: Hoagland MIN. 1011190 -5- 10/10/90 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone ~her of Proponent: Tomond Properties P.U. ~ox zl~ Escondido, California 92025 II Date of Environmental Asses~ent: 30 June 1990 4. Agency Requiring Assessment: CITY OF TEM~CIE~ Name of Proposal, if applicable: C.U.P. #4 6. Location of Proposal: S.E. C6rner of Hwy 79 and Bedford Court 922-210-041 Environmental ImOacts (Explanations of all "yes" and "maybe" answers aye prov. ided on attached sheets. ) Yes Maybe N_,9o 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substrGctures? Disruptions, displacements, compac- tion or overcovering of the soil?. Substantial change in topogFaph~ or ground surface relief features? The destruction, covering or' rnodi- fication of any unique geologic or physical features? Any substantial increase in wind or' water erosion of soils, either on or or off site? X X X BLANKIES/FORMS -1- Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? 3. Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters? Yes Maybe N_.9o X X B LA N K I ES/FORMS -2 - Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? L~. Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals ~birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes Maybe No X X BLANKIES/FORMS -3- Yes Maybe No 6. Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: 11. 12. 13. A risk of an explosion or the release of hazardous substances [ including, but not limited to, oil, pesticicles, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, derisity, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Ceneration of substantial additional vehicular movement? X X X X X BLANKIES/FORMS -~- b. Effects on existing parking facili- ties, or demand for new parking? c. Substantial impact upon existing transportation systems? do Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, b/cyclists or pedestrians? lu,. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Yes Maybe X No X X BLANKIES/FORMS -5- Yes Maybe No 17. 18. 19. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? bJ Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? × × X X X X X X BLANKIESIFORMS -6- Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? {A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yes Maybe NO X B LA N K I ES/FORMS -7 - Earth 1 ,a,c, d,f. 1.9. Air 2.a. 2.b. Water 3.a-i. C.U.P. NO. u, Discussion of-the Environmental Evaluation No. The proposed project will not create any significant impacts regardin9 geologic features or conditions. No evidence of faulting was found and indications of mass movement or major landslidin9 have not been observed or reported on the site. The proposal will result in a minor increase in wind or water erosion on site due to construction. However, this condition will be temporary and once the project is completed and improvements are in, no further erosion will occur. Maybe. The site has been previously graded and does have a potential for liquefaction. This can be mitigated by removing the existing fill and topsoil over the entire site within areas of settlement sensitive improvements. The average depth of removal is estimated at 3 to ~, feet, however, localized deeper removals may be necessary. Maybe. The project will result in an increase in air emissions in the direct vicinity. However, the amount of additional emissions will not have a significant impact on the ambient air quality due to the small amount of emissions and the continuous movement of air in the region. Maybe. The proposed project will involve the storage and dispensing of gasoline which may create objectionable odors. However, the small scale of the project and the small amount of fuel dispensed will not create a substantial increase of objectionable odors within the surrounding area. No. The proposed project will not result in any substantial changes in air quality or movement. No. The proposed project will not have a substantial impact on any water courses or supplies and the project lles outside of all 100 year flood zones. Furthermore, the project will be free of ordinary storm flood hazard when improvements have been constructed in accordance with the approved plans. STAFFRPT\CUPq 8 Plant Life No. The site had been previously graded and all native plant species removed prior to this project. Animal Life No. The site is currently graded and the native animal species have been displaced. Noise 6.a. Maybe. The proposed service station and mini-market will increase the existing noise levels in the area. it may be necessary that the hours of the station be restricted so that residents in the surrounding area are not disturbed during the late evening and early morning hours. 6.b. No. The proposed project will not result in exposure of people to severe noise levels. Light and Glare No. The proposed project will not produce a substantial amount of new light or glare. However, the project is within the Palomar lighting area and any proposed lighting must meet the standards set forth in those guidelines. Land Use No. The proposed project will not result in a substantial alteration of the present or planned land use of the area. Natural Resources 9.a,b. No. The proposed service station will not increase the consumption rate of any natural or non-renewable natural resource. Risk of Upset lO.a. Yes. The proposed project is a gasoline service station which could pose a risk of an explosion in the event of an accident. To minimize this possibility, all Federal safety and State standards and regulations for gasoline service stations will be implemented. 10.b. No. The proposed project will not create an interference with any emergency response plan or emergency evacuation plan. Population 11. No. The proposal will not alter the location, distribution, density or growth rate of the human population in the area. 9 Housing 12. No. The proposal will not affect existing housing or create additional demand. Transportation/Circulation 13.a.c-e. No. The proposed project will not result in a substantial impact on vehicular movement, parking, or existing transportation systems. 13.b. Maybe. The proposed use will require new parking facilities which will be provided on-site. 13.f. Maybe. Increased traffic hazards may result due to the proposed development. Mitigation measures will be utilized to reduce this hazard. Public Services lu,.a.b. Maybe. This use will involve flammable substances which may require emergency equipment and personnel. To minimize this hazard, all regulations and procedures involving gasoline service stations will be followed. No. The proposed project will not have a substantial effect upon, or result in a need for new or altered governmental services. Energy 15.a,b. No. The proposal will not result in the use of substantial amounts of fuel or energy or increase demand of existing sources of energy. Utilities 16.a,c-f. Maybe. The proposed project will require additional utility services. However, the additional amount is not significant and can be accommodated within existing services. 16.b. No. The proposed project will not result in a need for new communications systems or alterations to existing ones. Human Health 17.a,b. Maybe. The project involves the use and storage of gasoline which is a cancer causing agent. All safety procedures will be implemented to minimize this risk. Aesthetics 18. No. The proposal will not result in the obstruction of any scenic view open to the public. However, the project is located along the City~s 1- 15 corridor, a scenic highway as designated by the Southwest Area 10 Plan. Emphasis should be placed on the buildings relationship to the surrounding area. Recreation 19. No. The subject site is not currently used for recreational uses. 20,a. Yes, The parcel is located on the fossiliferous Pauba Formation. Construction excavation will impact non-renewable paleontologic resources, The developer must retain a qualified vertebrate paleontologist to develop a site-specific program to mitigate impacts to paleontologic resources. This program should include: ( 1 ) monitoring of excavation by a qualified paleontologic monitor; (2) preparation of recovered specimens, including sediment processing for small vertebrate fossils; 13) curation of specimens into an established repository; and (4) a report of findings with complete specimen inventory. 2o.b-d. No. The proposal will not result in adverse effects to historic structures, cultural values, or restrict religious or sacred uses in the area. Mandatory Findings of Significance 21 .a. No. This project will not substantially degrade the quality of the environment or reduce the habitat for a plant or animal species due to the fact that the project is in an existing urbanized area. However, if a project is located within an area designated by the Riverside County as habitat for the endangered Stephen's Kangaroo Rat, the project will be subject to mitigation fees for the Stephen's Kangaroo Rat Habitat Conservation Plan. 21 .b. No. The proposed gasoline service station and mini-mart will not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. 21 .c. No. The project does have individually limited impacts, however, if these impacts are cumulatively considered, they do not have a significant impact on the overall environment. 21 .d. No. This project will not cause substantial adverse effects on human beings either directly or indirectly. All regulations and standards will be imposed and maintained on the project so that adverse effects are minimized or eliminated. 11 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a.significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment. there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMEN~ RE~ required. 30 June 1990 ~ 7 ~ Date For CITY OF TEMECULA X STAFFRPT\CUP4 12 SP ZONE (180 CZ 5105 R-A-2 I/2 R-A-2 I/2 R-A- 2 I/2 CZ 732 ~lC,/vl !613 R-R CZ C, CZ 1463 CZ 1752 . R-4 CZ !752 r SP ZONE (180 CZ 5105 R-A-2 I/2 R-A-2 I/2 R-A- 2 I/2 CZ 732 _SC 3613 C-p-,~ CZ 14( /"~,,/"~ R-A-2 I/2 RmR CZ 1463 W-I CZ 1752 EXISTIN R-4 CZ !752 ZONINC.1 / ,& RANCHO MEADO '5 HOME OWNERS ASSOCIATION, INC. 44501 LA PAZ ROAD RANCHO CALIFORNIA, CA 92390 City of Temecula Planning Commission 41002 County Center Drive Temecula, CA 92390 November 26, 1990 Dear Gentlemen: A few months ago Terraton Corporation and Mobil Oil approached the board of Rancho Meadows Homeowners Association with regards to building a Mobil gas station and minimart:. The minimart was to be opened 24 hours a day and sell alcoho[Lic beverages from 6 a.m. to 2 a.m.. The proposed site was and still is to be at the southeast corner of Bedford Court and HzLghway 79. The representatives requested that we send a letter of approval to the planning commission. They went as far as to have prepared a letter to which they wanted my signature. Unfortunately, our board of directors do not have the power to sanction a proposal that may have a permanent effect on the homeowners' quality of life. we opted to allow each individual homeowner to become responsible for responding to the planning commission. Obviously, some Rancho Meadows homeowners responded negatively to the proposal by the developers because the developers asked if a survey could be taken to better understand the homeowners position.Wh~be ~t Woutd!~e unethical for ~s to approve of such a plan, we agreed that a survey would be reasonable. The questions were compiled by myself and were determined on the basis of two main objections: objections toward having a gas station in our backyard and Mobil's insistence on selling alcoholic beverages. The~=following results are submi~ited for your information: Out of 147 homeowners 41 responded to the survey. (Please keep in mind that anywhere from 40 - 50% of the homeowners do not live in the complex, but rent out their uni'~s. Most may have neglected their dut~ because their ~wn qualfty of life is not directly in jeopardy.) 1. Do you want a gas station next door'to you? yes 17 or 40% No 25 or 58% ? 1 or 2% 2. Do you want alcoholic beverages to be sold 24 hrs/day? Yes 7 or 3% No 40 or 93% 3. Would you consider the sale of alcohol from 5 p.m. - 10 p.m.? Yes 12 or 28% No 31 or 72% In october the board presented the reBml~s'to the developers and informed them that these results would be sent to the planning commission. They did not approve and asked us to hold off until they could put together their own survey. They allowed us to receive the results and tabulate them first. We are the homeowners and our tabulated results, o s ts are submitted for your information: Out of 147 homeowners 57 responded. 1. Do you support the site plan as proposed? Yes 32 or 56% No 21 or 37% ? 4 or 8% Do you support a Mobil mini-mart, within walking distance, which will stock products such as milk, bread, batteries, bandages, over-the-counter pharmaceuticals such as asprin and other essentials? Yes 30 or 53% No 22 or 39% ? 5 or 8% If the store is open 24 hours a day, should it be prohibited fre~ ~e~lln~ bee~ a~d wine during certain hours? Yes 39 or 68% No 15 or 26% ? 3 or 6% 4. If you feel beer and wine sales should be limited, what hours should they not be allowed to be sold? ***~Responses were too varied to record or make an intelligent assessment of. I feel obligated to say that Terraton's survey failed to address the two main objections. Instead there survey implied that the Mobil station and sell of alcohol were imminent. It is also my opinion tha~ question #4 was so awkwardly worded that it could most easily result in an incorrect answer. In conclusion I would like to remind all parties involved that the objections for a Mobil gas station and the sale of alcohol are based on the following: 1. The dangerous materials associated with a gas station could be hazardous to a residential community. 2.. Towards Old Temecula on Front Street there is plenty of commercia~ property available.for a gas station. 3. The noise, truck fumes, garbage odors and evening lighting will reduce the quality of life.for the homeowners. 4. Why promote more drinking and driving when there is already a convenience store in Bedford Court that sells alcohol. I would like tO thank the ptanni~ cOmmissiom fez bein~ ~u~y careful and mindful of our communi.ty's needs and welfare. Sincerely, President Copy to Terraton Developers ITEM ~3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 17, 1990 Case No.: Parcel Map No. 25686 Prepared By: Scott Wright Recommendation: 1. Adopt the Resolution approving Parcel Map No. 25686 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Jonan Management Services Loren Phillips and Associates To convert an existing warehouse structure to a two unit condominium for ownership purposes. 43350 Business Park Drive M-SC ( Manufacturing - Service Commercial ) North: M-SC South: M-SC East: M-SC West: M-SC {Manufacturing Commercial ) {Manufacturing Commercial ) ~ Manufacturing Commercial ) {Manufacturing Commercial ) Service Service Service Service 86,784 square foot warehouse building North: South: East: West: Commercial/Light Industrial Commercial/Light Industrial Commercial/Light Industrial Commercial/Light Industrial No. of Acres: Building Area: No. of Condominium Units: 4.9 acres 86,784 sq. ft. 2 units STAFFRPT\PM25686 1 PROJECT DESCRIPTION: ANALYSIS: GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: The project is to convert an existing two story warehouse structure to a two unit condominium on one lot for ownership purposes. Requirements of Subdivision Map Act Condominium projects are defined as subdivisions by the State Subdivision Map Act. A tentative and final parcel map is required in order to create two condominium units. The design and location of the buildings and the manner in which the buildings or airspace are to be divided are not a part of the map review process for condominium projects. Requirements of Ordinance Ll60 Ordinance L~60 requires that all land divisions conform to the provisions of the Subdivision Map Act. Conditions, Covenants, and Restrictions Conditions, Covenants, and Restrictions (CCSR~s) providing for reciprocal parking and access and for maintenance of the common area shall be required as a Condition of Approval. The proposed condominium conversion is for ownership purposes and will not affect the land use. The existing warehouse is consistent with the Manufacturing - Service Commercial zoning and the light industrial land use designation of the site. Land divisions creating four or fewer parcels are categorical ly exempt from the requirements of CEQA per Section 15315 (Class 15). FINDINGS: Tentative Parcel Map No. 26586 The proposed Parcel Map will not have a significant negative impact on the environment and is categorically exempt from the requirements of CEQA. STAFF R PT\PM25686 2 10. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time. The project conforms to the SWAP guidelines and to the current zoning for the site. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. u,60, Schedule E. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The proposed condominium conversion is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. All units have acceptable access to existing and proposed dedication rights-of-way which are open to, and are useable by, vehicular traffic. The proposed condominium conversion is not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF R PT\PM25686 3 STAFF RECOMMENDATION: Staff recommends that the Planning Commission: ADOPT Resolution 90- approving Parcel Map No. 25686 based on the analysis and findings contained herein and subject to the attached Conditions of Approval. SW:ks Attachments: Resolution Conditions of Approval Exhibits STA F F R PT\ PM25686 ~, RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 25686 TO CONVERT AN EXISTING WAREHOUSE LOCATED AT 43350 BUSINESS PARK DRIVE TO A TWO UNIT CONDOMINIUM. WHEREAS, Loren Phillips 8 Associates filed Parcel Map No. 25686 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty {30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: ~1 ) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PM25686 1 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, l hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the fol Iowing: a) There is reasonable probability that Parcel Map No. 25686 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. ST A FF R PT\ PM25686 2 D. (1) Pursuant to Section 7.1 of County Ordinance No. ~,60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. {2 ) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: a) The proposed Parcel Map will not have a significant negative impact on the environment and is categorically exempt from the requirements of CEQA. STAFFRPT\PM25686 3 b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time. The project conforms to the SWAP guidelines and to the current zoning for the site. c) d) e) f) g) h) i) j) There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. ~60, Schedule E. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The proposed condominium conversion is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. All units have acceptable access to existing and proposed dedication rights-of-way which are open to, and are useable by, vehicular traffic. The proposed condominium conversion is not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFFRPT\PM25686 4 E. As condltioned pursuant to SECTION ::3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. Parcel Map No. 25686 is categorically exempt from the requirements of CEQA per Section 15::315 {Class 15). SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 25686 for the conversion of an exiting warehouse located at L~3350 Business Park Drive to a two unit condominium subject to the following conditions: A. Exhibit A, attached hereto. PASSED. APPROVED AND ADOPTED this day of · 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the day of 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PM25686 5 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Parcel Map No. 25686. DATED: By Name Title STAFF R PT\ PM25686 6 CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No: 25686 Project Description: To Convert an Existinq Buildinq to a 2 Unit Condominium Assessor's Parcel No.: 921-020-049 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~,60, Schedule E, 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. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance Ll60. The expiration date is December 17, 1992. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance ~,60 shall be provided from the tract map boundary to a City maintained road. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Parcel Map No. 25687. The City of Temecula will promptly notify the permlttee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The applicant shall comply with the recommendations in the Fire Department letter dated November 19, 1990, a copy of which is attached. STAFFRPT\PM25686 1 Enqlneerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~60. PRIOR TO RECORDATION OF THE FINAL MAP: 9. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. 10. Business Park Drive shall be dedicated to 39 feet from centerline. 11. A declaration of Covenants, Conditions and Restrictions (CC~,R~s) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC~,R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CCF, R~s shall be reviewed and approved by the City and recorded. The CC~,R's shall be subject to the following conditions: a. The CCSR~s shall be prepared at the developeris sole cost and expense. The CCF, R~s shall be in the form and content approved by the Director of Planning, 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 interest of the City and its residents. The CCF, R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent ST A FF R PT\PM25686 2 with the final map. A recorded copy shall be provided to the City. The CCSR's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The CCF, R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CCSRIs shall provide that if the property is not maintained in the condition required by the CCF, 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 CCF, 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. 12. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated {assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. STAFFRPT\PM25686 3 RIVERSIDE COUNTY FIRE DEPARTMENT IN C[~3Pii!ATION WiThi 'tHE CAUFORNIA DEPARTMENT OF PORE~TRY AND ~RE PROTECTI~N GLEN ~. N~WMAN November 19,.]990 PLANN1NG & ENC, INEERINC 3760 IITH STREET RIVER3tDE, CA 9Zl01 (?14). Z7~-4717 TO: CII~ O? Y.EMECULA A~TN: PLAKNINC DEPkRTMENT RE: PARCEL MAP 25686 Wish respect Co the conditions o~ approval Zor the above referenced hn~ division, the Fire Department recommence the fcllow=n8 fire protection measures be provided in ~ccordance ~-ith Riverside County OrgAnantes and/or recognized fire protection standards; Provide minimum one (1) hour rated wall at new property lime. Wall mUS~ be ccnscructed ¢o meet 1988 ~nlform Building Code. All quesc~.ons regarding the meaning of conditions shall be referred to :he P!am~Ing and Engineerln$ staff. RAY~0ND H. RESIS Chief Fire DeparCmen: Planner Laure Cabtel, Fire S~fety Specialist LClrmec ITEM TO: FROM: DATE: SUBJECT: MEMORANDUM Planning Commission Oliver Mujica, Senior Planne~L~ December 17, 1990 Case No: Plot Plan No. 179 Plot Plan No. 179 was scheduled for the Planning Commission meeting of December 3, 1990; and continued to their regular meeting of December 17, 1990, in order for the traffic analysis required by the Traffic Engineering Staff to be submitted and reviewed by the Formal Development Review Committee (Formal DRC). On December 6, 1990 Formal DRC meeting, the Traffic Engineering Staff indicated that the Traffic Analysis was acceptable and recommended Conditions of Approval were prepared. However, the Riverside County Fire Department Staff indicated that additional time and information is required in order for appropriate Conditions of Approval to be prepared to mitigate potential environmental impacts, due to the proposed hazardous materials involved with the use. The recommendations from the Riverside County Fire Department are needed by the Planning Staff in order to complete the Environmental Assessment. At this time, both the Planning Department and Riverside County Fire Department are working with the applicant on this project and requests that the Planning Commission continue Plot Plan No. 179 to their regular meeting of January 7, 1991, at which time the project and hazardous material information has been reviewed; and final recommended Conditions of Approval have been prepared by the Riverside County Fire Department. R ECOMMEN DA T I ON: The Planning Department Staff recommends that the Planning Commission continue Plot Plan No. 179 to their regular meeting of January 7, 1991. OM: ks STAFFRPT\PP179 ITEM #5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 17, 1990 Case No.: Revised Vesting Tentative Tract Map No. 231o,3 Amended No. 0, and Change of Zone No. 5535 Prepared By: Scott Wright Recommendation: Approve a waiver of the requirement of Ordinance u,60, Section 3.8(c) for those lots with depth greater than 2.5 times the lot width; Adopt the Addendure to Environmental Impact Report No. 230; Adopt the Development Agreement; Adopt Resolution 90- approving Revised Vesting Tentative Tract Map No. 2310,3 Amended No. 0, and Change of Zone No. 5535; APPLICATION INFORMATION APPLICANT: Taylor Woodrow Homes REPRESENTATIVE: Ranpac Engineering Corporation PROPOSAL: To subdivide a 0,59 acre site into 1,026 single family residential lots, 68 open space lots including 25.5 acres of parks, a 10.2 acre school site, and a 112 acre remainder parcel in the R-A-2 1/2 and R-A-5 zone; and to change the Zone from R-1 to R-u, on portions of the site encompassing 530, proposed residential lots, from R-1 to R-5 on 0,.3 acres of additional park space, from R-A-5 to R-5 on a 6 acre proposed park site, from R-A-5 to R-5 on a proposed 0,.2 acre park site, and from R-A-5 and R- A-2 1/2 to R-1 on the portion of the school site formerly in Vesting Tentative Tract Map No. 220,30. LOCATION: South of Pauba Road and east of Butterfield Stage Road. EXISTING ZONING: R-1 (One-Family Dwelling) and R-5 ( Open Area Combining Developments ) Zone-Residential STAFFRPT\VTM2310,3 1 SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: North: South: East: West: R-A ( ResidentialAgricultural ) R -1 ~ One-Family Dwelling ) R-A ( ResidentialAgricultural ) Specific Plan No. 219, 2-5 DU/AC R-l, R-4, and R-5 Vacant North: South: East: West: Vacant and Single Family Residential Vacant Vacant Vacant No. of Acres: No. of R-1 Lots: No. of R-4 Lots: No. of R-5 Lots: Acreage of Parks: Acreage of School Site: Acreage of Remainder Parcel: 459 acres 492 lots 534 lots 68 lots 25.5 acres 10.2 acres 112 acres On August 16, 1988 the Riverside County Board of Supervisors approved Vesting Tentative Tract Map No. 23143 Amended No. 3, a subdivision with 1,092 single family residential lots and 8 open.space lots, and Change of Zone No. 4814 from R-A-5, Residential Agricultural with a minimum lot size of 5 acres, to R-l, Single Family Residential with a minimum lot size of 7,200 square feet, and R-5, Open Area Combining Zone (open space and park areas), Certified EIR 230, and adopted Developer's Agreement No. 26. On July 7, 1989, the applicant submitted to the County Revised Vesting Tentative Tract Map No. 23143 in conjunction with Change of Zone No. 5535. The revised map comprised 1,070 residential lots and 35 open space lots including 4.3 more acres devoted to park space than Vesting Tentative Tract Map No. 23143 Amended No. 3 showed. Change of Zone 5535 requested a change from R-1 to R-4- 6,000, Planned Residential with a minimum lot size of 6,000 square feet for 286 lots, from R-1 to R-4- 5,000 for 248 lots, and from R-1 to R-5 for 4.3 acres. Revised Vesting Tentative Tract Map No. 23143 Amended No. 4 was reviewed by the County Land Development Committee on August 3, 1989, STAFFRPT\VTM23143 2 PROJECT DESCRIPTION: November 11, 1989, December 28, 1989, and March 1, 1990. The case was continued at the meeting of March 1, 1990 pending clarification of issues regarding the size and stability of slopes. Revised Vesting Tentative Tract Map No. 23143 and Change of Zone No. 5535 were transmitted to the City on May u,, 1990. On July 12, 1990, the applicant submitted a request for an Extension of Time for Vesting Tentative Tract Map No. 23143 Amended No. 3 to the City in order to prevent the expiration of the approval before the application for the map revision and Change of Zone No. 5535 could be processed. Subsequent to preliminary review by the Development Review Committee, the City Transportation Engineer determined that projected volume of traffic on Royal Crest Place warranted a street of collector width and the proposed lots taking access from Royal Crest Place were inappropriate due to possible traffic safety hazards. The Transportation Engineer requested that the map be redesigned to eliminate direct access to any lots from Royal Crest Place and other collector streets. The applicant agreed to redesign the map in order to address the concerns of City Staff. The redesigned map included 10.2 acres for park use and part of a 10.2 acre school site that were formerly part of the applicant~s adjacent tract, Vesting Tentative Tract No. 22~,30, also approved on August 16, 1988. The project is a 1,096 lot subdivision of 459 acres, including 1,026 residential lots, 68 open space lots, a 10.2 acre school site, and a 112 acre remainder parcel. A Change of Zone from R-1 to R-4 is requested for a portion of the site comprising 534 lots, from R-1 to R-5 on 4.3 acres, from R-A-5 to R-5 on 6 acres, ,from R-A-5 to R -5 on 4. 2 acres, and from R-A-5 and R-A-2 1/2 to R-1 on the portion of the school site formerly in Vesting Tentative Tract No. 22430. 284 lots will have a minimum lot size of 6,000 square feet, and 250 lots will have a minimum lot size of 5,000 square feet. The project also includes 25.5 acres of park space, 10.2 acres of which will be dedicated as public parks, and a 10.2 acre school site. STAFFRPT\VTM23143 3 ANALYSIS: Impact of Chanqe of Zone No. 5535 Vesting Tentative Tract Map No. 23143 Amended No. 3 included 1,092 residential lots conforming to R-1 standards. Revised Vesting Tentative Tract Map No. 231L~3 Amended No. u,/Change of Zone No. 5535 comprises 1,026 residential lots, including 286 lots zoned R-u, with a minimum lot size of 6,000 square feet and 250 lots zoned R-Li with a minimum lot size of 5,000 square feet. The revised map contains 4.3 more acres of park space than Vesting Tentative Tract Map No. 23143 Amended No. 3, and 66 fewer residential lots. Many of the proposed lots are much larger than the minimum lot size, but contain large unbuildable sloped areas. The proposed R-4 portions of the site abut the R-1 zone to the south and Specific Plan No. 219, 2-5 dwelling units per acre west of the site. Some of the smaller R-4 lots are separated from Specific Plan No, 219, 2-5 DU/AC west of the site by a landscape slope 20~30 feet deep along Butterfield Stage Road. The R-1 lots on the south side of the site are equal or greater in size than the R-1 lots south of the site. The R-1 lots on the northerly portion of the site are separated from the R-A-5 acre lots north of the site by open space areas 150 to 300 feet deep. Bioloqical Impacts The project site consists of sage scrub brush and grassland. The site has been previously degraded by cattle grazing, and the extent of native plant and animal habitation is consequently minimal. The site has been identified by the County General Plan as potential habitat for three sensitive species, the San Diego Horned Lizard, the Stephen's Kangaroo Rat, and the San Diego Ceanothus. A biological survey of the site in May, 1986, by Tierra Madre Consultants found no indication of the presence of these species. The biologists concluded that their presence was unlikely due to the previous disturbance of the site and that no mitigation measures were necessary. Payment of Kangaroo Rat Habitat Conservation fees will be required as a Condition of Approval. STAFFRPT\VTM231u,3 4 Drainage Smaller drainage channels will be eliminated as a result of the project, but natural drainage patterns will generally be retained. The Conditions of Approval provided by the City Engineering Department require all lots to drain toward the adjacent street or to appropriate outlets, submittal of a hydrology study, installation of all drainage facilities as required by the City Engineer, and payment of area drainage plan fees prior to recordation of any maps. Conditions of Approval from the County Flood Control District require storm runoff to be returned to existin9 off-site flow conditions, provision of an easement or letter of permission to accept drainage if runoff to adjacent properties is diverted or concentrated, and coordination of the project with the development of adjacent properties to ensure that watercourses remain unobstructed and runoff is not diverted from one watershed to another. All slopes with a vertical height of 25 feet or more will have terrace drains every 25 feet of vertical height as shown on the map. Gradin9 Grading of the site will involve approximately u,,092,680 cubic yards of cut and fill. There will be no significant import or export of soil. The tentative map indicates some slopes in excess of 30 feet in height, most of which reflect the natural topography. Engineering Department Conditions of Approval require the submittal of a soils report addressing soils stability. Fossil and Archaeoloqical Resources A records check and a field survey revealed no indication of archaeological resources on the site. Fossil resources are known to be common to the area. A qualified paleontologist shall be required to monitor the grading of the site and supervise the recovery, cataloguing, and curation of any fossil remains uncovered during grading. Site Access and Interior Traffic Circulation Assessment District 159 will provide for the STAFFRPT\VTM231~,3 5 improvement of Pauba Road on the north side of the site and Butterfield Stage Road on the west side of the site. Adequate site access is provided at seven points by collector streets with 66 feet of dedicated right-of-way. One point of access is on the north side of the site, two on the south, two on the east, and two on the west. Except for the two access points on the south side of the site, all collector streets have restricted access, and lots take access from local streets rather than collector streets. A total of nine lots take access from the two collector streets providing site access from the south. The addendum to the traffic study for the subject tract states that the through traffic generated by the tract south of the site will be negligible, and that the majority of the traffic generated by the neighboring tract will utilize the main access points on the south of said tract along De Portola Road. Most traffic from the subject tract will utilize Crowne Hill Drive and Butterfield 5rage Road to leave the site rather than using the two collectors on the south side of the site. Therefore, the nine lots taking access from collector streets are unlikely to result in unusual traffic hazards. The City Transportation Engineer has commented that each of the on-site roadways can adequately accommodate the projected traffic volumes with the proposed lane geemetrlcs. Traffic Generation The project will generate approximately 10,~,80 trip ends per day. The traffic impacts are consistent with the traffic impacts of the previously approved version of the subdivision as delineated in the traffic study. The City Transportation Engineer reviewed the addendure to the original traffic study and commented that no highway improvements or special off-site street improvements not already planned in conjunction with Assessment District 159 are required to accommodate the proposed project except for left turn lanes on Pauba Road at Crowne Hill Drive and on Butterfield Stage Road at Royal Crest Place and Crowne Hill Drive. The City Transportation Engineer accepts the findings and mitigation measures as presented in the revised traffic analysis. STAFFRPT\VTM23143 6 Water and Sewer Availability The Rancho California Water District has issued a letter stating that water service will be available to the subject property upon completion of financial arrangements between the District and the property owner. The property shall be connected to the sewers of the Eastern Municipal Water District in a manner consistent with the District~s sewer expansion plans and subject to the requirements of the District. Public Service Impact Mitiqatlons Prior to recordation of the final map, the developer is required to pay a fee of $u, O0.00 per lot/unit to the County Fire Department as mitigation for fire protection impacts. A fee of $100.00 per lot must be paid to the City prior to issuance of building permits as mitigation for the increased demand for public library services. The project has set aside a 10.2 acre site for use as a school. The Temecula Valley Unified School District has indicated that the site is acceptable. Park Space Parkland credit not to exceed 5.2 acres will be given toward the 15.5 acres of private recreation areas within the project. The 11 acre private park shall have recreation areas open and accessible to the public. A 6 acre park and a u,.2 acre park will be dedicated for public use. In addition to Quimby Act requirements, $u,,711,380 in development agreement fees shall be paid before issuance of building permits. The project includes a 3 acre private park and two passive open space areas encompassing 0. 9 acre and 0.u, acre respectively. If the project is phased, the development of the parks shall be tied to the development of the phases as provided in the Conditions of Approval of the Temecula Community Services District. STAFFRPT\VTM231u,3 7 R-q Zone Requirements Development in the R-q zone requires recordation of a subdivision map and approval of a development plan. The development plan is required to show the location of each proposed structure on its parcel, the location of recreation and open areas, the location and height of walls, fences, and landscaping and plans and elevations of typical structures. The map shows the location of all recreation and open space areas on the site. The architectural/landscape design guidelines show community theme walls, wrought iron/rock pilaster fences, rock walls, typical interior lot wood fencing, landscape slope treatment, and typical floor plans and architectural renderings. The developer shall submit a plot plan application prior to recordation showing the location of each structure on its parcel. Lot Size and Dimensions The minimum lot size and dimensions are 7,200 square feet, 60 feet in width, and 100 foot of depth in the R-1 zone and 3,600 square feet, u,0 feet in width, and 80 feet in depth in the R-I~ zone. All proposed lots conform to the minimum area and dimension requirements of their respective zones. The R-~, lots will conform to or exceed minimum lot areas of 6,000 square feet or 5,000 square feet. Many of the proposed R-~ lots are substantially larger than these minimum lot areas due to large sloped areas at the rear of the parcels. The usable building pad areas are of adequate size. A total of 105 lots do not comply with Ordinance ~,60, Section 3.8( c ) which stipulates that lots of less than 18,000 square foot shall not have a depth greater than 2 1/2 times the width (See Attachment ~). A significant poFtion of the depth of said lots is unbuildable slopes. The actual building pad of the lots complies with Section 3.8(c). Therefore a waiver of the required depth to width ratio is requested for these lots. Boundary Chanqe Revised Vesting Tentative Tract Map No. 231~,3 Amended No. Ll includes a ~,.2 acre park site, a 6.0 acre park site, and part of a 10.2 acre school site STAFFRPT\VTM231~3 8 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: located in areas which were formerly included in Vesting Tentative Tract Map No. 22~,30 which was approved in conjunction with Vesting Tentative Tract Map No. 2310,3 Amended No. 3 in 1988. Revised Vesting Tentative Tract Map No. 2310,3 Amended No. 0, thereby changes the original boundary between VTTM 2310,3 Amended No. 3 and VTTM 220,30. Therefore it will not be possible to approve Revised VTTM 2310,3 Amended No. I~ and approve an extension of time for VTTM 220,30. It shall be a Condition of Approval that the applicant shall submit a new tentative subdivision application for the remainder parcel of Revised VTTM 2310,3 Amended No. 0, reflecting the revised boundary with the remainder parcel. The proposed density of 3.1 residential units per acre is consistent with the Southwest Area Plan designation of 2-0, units per acre. The Southwest Area Plan lists the R-1, R-O,, and R-5 zones among the zones consistent with the land use designation of 2-0, dwelling units per acre. The Riverside County Board of Supervisors certified Environmental Impact Report (El R ) No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 2310,3 Amended No. 3 and Change of Zone No. 0,810,. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Revised Vesting Tentative Tract Map No. 2310,3 Amended No. 0, has 66 fewer residential lots than Vesting Tentative Tract Map No. 2310,3 and, therefore will generate less traffic and result in reduced impacts to the environment and to public services and utilities. Vesting Tentative Tract Map No. 2310,3 Amended No. 3 involved approximately 3,800,000 cubic yards of cut and fill. Revised Vesting Tentative Tract Map No. 2310,3 Amended No. 0, will involve approximately 0,,092,000 cubic yards of cut and fill. The 8% increase in earth movement on the site is unlikely to result in any increase in significant impacts. The Conditions of Approval will mitigate any potential significant impacts regarding drainage, slope stability, or non-renewable fossil resources to levels of insignificance. STAFFRPT\VTM2310,3 9 FINDINGS: Pursuant to CEQA Section 15164, an addendure to EIR No. 230 has been prepared JSee Attachment 3) providing minor changes to make EIR No. 230 applicable to the revised map and to document that the map revision will not result in any new or substantially increased environmental impacts. Revised Vestinq Tentative Tract Map No. 23143 Amended No. 4 The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.1 units per acre is within the range of the SWAP designation of 2-~ units per acre. The proposed Revised Vesting Tentative Tract Map is compatible with surrounding zoning, existing land uses in the vicinity, and approved projects. The proposed R-4 portions of the project, which includes the smaller lots, abuts the R-1 zone south of the site and Specific Plan No. 219, 2-5 dwelling units per acre west of the site. The lots abutting the R-A zone north of the site are substantially larger than the 7,200 square foot minimum lot size in the R-1 zone ~11,000 square feet or more) and a large open space area provides a buffer 150-300 feet deep along the north side of the site. Future development of the remainder portion on the east side of the site will conform to R-A-2 1/2 acre and R~A-5 acre zoning to ensure compatibility with the R-A zone to the east. The lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. STA FFR PT\VTM23143 10 1D. 11. Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pauba Road and Butterfield Stage Road. and seven J 7 ) access points to the site are shown on the map. There is a reasonable probability that the project will be consistent with the City~s General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 231~3 Amended No. 3. Revised Vesting Tentative Tract Map No. Z31~,3 Amended No, L~ and Change of Zone No. 5535 will not result in any new or substantially increased environmental impacts. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. The project meets the requirements of Ordinance 3~,8 and ~60 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. The proposed project includes adequate dedication for public parks in that it provides for 10.2 acres of public parks and 15.3 acres of private parks which will include some facilities open to the public STAFFRPT\VTM231e~3 11 12. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. 13. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. Chanqe of Zone No. 5535 The proposed R-l, R-~,, and R-5 zoning is consistent with the Southwest Area Plan land use designation of 2-x~ dwelling units per acre. All proposed lots meet or exceed the minimum lot width, depth, and area requirements in the appropriate zone. All proposed lots have adequate building pad area and will be able to accommodate structures and meet setback requirements. The proposed R-u, portions of the project are compatible with the adjacent R-1 zone Specific Plan No. 219, 2-5 dwelling units per acre, and SWAP density of 2-q dwelling units per acre. The proposed zone change will not result in any significant impacts to the environment in that the revised map will have 66 fewer residential lots than Vesting Tentative Tract Map No. 231q-3. The proposed zone change is reasonable and beneficial in that the proposed R-L~ lots will have an average lot size substantially greater than the minimum lot size and will be compatible with the adjacent R-1 lots. There is reasonable probability that the proposed zone change will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\VTM23143 12 There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposal is ultimately inconsistent with the plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council: APPROVAL of a waiver of the requirement of Ordinance ~60, Section 3.8{c) for those lots with a depth greater than 2.5 times the lot width; ADOPTION of the Addendum to Environmental Impact Report No. 230; and, ADOPTION of the Developer's Agreement; and ADOPT Resolution 90- recommending approval of Revised Vesting Tentative Tract Map No. 23143 Amended No. 4 and Change of Zone No. 5535 based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. SW:ks Attachments: 2. 3. 4. Resolution Conditions of Approval Addendure to Environmental Impact Report No. 230 List Of Lots For Which Waiver From Ordinance ~60, Section 3.8~c) Is Requested Exhibits: Vicinity Map Zoning Map Revised Vesting Tentative Tract Map Change of Zone Map Fee Checklist STAFFRPT\VTM231~,3 13 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF REVISED VESTING TENTATIVE TRACT MAP NO. 23143 AMENDED NO. 4 AND CHANGE OF ZONE NO. 5535 TO SUBDIVIDE A 459 ACRE PARCEL INTO 1,026 SINGLE FAMILY RESIDENTIAL LOTS AND 68 OPEN SPACE LOTS LOCATED SOUTH OF PAUBA ROAD AND EAST OF BUTTERFI ELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-760-001 THROUGH 005, AND 926-770-001 THROUGH 003. WHEREAS, TaylorWoodrow Homes, Inc. filed Revised Vesting Tentative Tract Map No. 23143 Amended No. 4 and Change of Zone No. 5535 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Revised Vesting Tentative Tract Map and Change of Zone on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Revised Vesting Tentative Tract Map and Change of Zone; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1_.=. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Cede Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. STAFFRPT\VTM23143 1 (2) The planning agency finds, in approvin9 projects and taking other actions, includin9 the issuance of building permits. each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, l hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Revised Vesting Tentative Tract Map and Change of Zone are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: {1) The city is proceeding in a timely fashion with a preparation of the general plan. {2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Revised Vesting Tentative Tract Map No. 23143 Amended No. 4 and Change of Zone No. 5535 will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\VTM23143 2 (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. x~60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division, A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to STAFFRPT\VTM231L~3 3 easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: Revised Vestinq Tentative Tract Map No. 231U,3 Amended No. U, a) The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.1 units per acre is within the range of the SWAP designation of 2-U, units per acre. b) The proposed Revised Vesting Tentative Tract Map is compatible with surrounding zoning, existing land uses in the vicinity, and approved projects. The proposed R-u, portions of the project, which includes the smaller lots, abuts the R~I zone south of the site and Specific Plan No. 219, 2-5 dwelling units per acre west of the site. The lots abutting the R-A zone north of the site are substantially larger than the 7,200 square foot minimum lot size in the R~I zone (11,000 square feet or more) and a large open space area provides a buffer 150-300 feet deep along the north side of the site. Future development of the remainder portion on the east side of the site will conform to R-A-2 1/2 acre and R-A-5 acre zoning to ensure compatibility with the R-A zone to the east. c) The lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. d) Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. STAFFRPT\VTM231U,3 4 e) f) g) h) i) j) k) Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pauba Road and Butterfield Stage Road, and seven {7) access points to the site are shown on the map. There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 231~,3 Amended No. 3. Revised Vesting Tentative Tract Map No. 231L~3 Amended No. q and Change of Zone No. 5535 will not result in any new or substantially increased environmental impacts. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. The project meets the requirements of Ordinance 3~,8 and ~60 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. The proposed project includes adequate dedication for public parks in that it provides for 10,2 acres of public parks and 15.3 acres of private parks which will include some facilities open to the public STAFFRPT\VTM23143 5 i) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. m) These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. (3) The Planning Commission in recommending approval of the Change of Zone makes the following findings, to wit: Change of Zone No. 5535 a) The proposed R-l, R-00, and R-5 zoning is consistent with the Southwest Area Plan land use designation of 2-00 dwelling units per acre, b) All proposed lots meet or exceed the minimum lot width, depth, and area requirements in the appropriate zone. c) All proposed lots have adequate building pad area and will be able to accommodate structures and meet setback requirements. d) The proposed R-00 portions of the project are compatible with the adjacent R-1 zone Specific Plan No. 219, 2-5 dwelling units per acre, and SWAP density of 2-00 dwelling units per acre. e) The proposed zone change will not result in any significant impacts to the environment in that the revised map will have 66 fewer residential lots than Vesting Tentative Tract Map No. 231003. f) The proposed zone change is reasonable and beneficial in that the proposed R-00 lots will have an average lot size substantially greater than the minimum lot size and will be compatible with the adjacent R-1 lots. STAFFRPT\VTM231u,3 6 g) There is reasonable probability that the proposed zone change will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. h) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposal is ultimately inconsistent with the plan. E. As conditioned pursuant to SECTION 3, the Revised Vesting Tentative Tract Map and Change of Zone are compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified El R No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 231~,3 Amended No. 3. Revised Vesting Tentative Tract Map No. 231~,3 Amended No. ~, and Change of Zone No. 5535 will not result in any new or substantially increased environmental impacts. An addendure to EIR No. 230 is hereby adopted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Revised Vesting Tentative Tract Map No. 231~,3 Amended No. L~ and Change of Zone No. 5535 for the subdivision of a 332 acre parcel into 1,026 single family residential lots and 68 open space lots located south of Pauba Road and east of Butterfield State Road and known as Assessoris Parcel No. 926-760-001 through 005 and 926-770-001 through 003 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this day of 199 DENNIS CHINIAEFF CHAIRMAN STAFFRPT\VTM231~3 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the __ day of , 199 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Revised Vesting Tentative Tract Map No. 231~,3 Amended No. u, and Change of Zone No. 5535. DATED: By Name Title STAFFRPT\VTM231u,3 8 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 231u,3 Amended No. u, Project Description: 1,026 Lot Single Family Subdivision with 68 Open Space Lots Assessor's Parcel No.: 926-760-001 thru 005 926-770-001throuqh003 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, 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. This conditionally approved revised tentative map will expire on August 16, 1991, unless extended as provided by Ordinance ~60. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance L~60 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, 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 and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A maintenance district or homeowners~ association shall be established for maintenance of Open Space Lots 1027-1082, 1087-1090, and 1095. The developer/applicant shall pay for all costs relating to establishment of the district or the homeownersm association. STAFFRPT\VTM231q3 1 10. 11. 12. 13. 14. 15, 16. 17. 18. A Homeowners Association shall be established for maintenance of Lots 1083- 1086. Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Homeowners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. Be a part of the downhill lot when within or between individual lots or as approved by the City Engineer. All slopes over three {3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the Conditions of Approval outlined in the Temecula Community Service District's transmittal dated November 21, 1990, a copy of which is attached. The applicant shall comply with the recommendations outlined in the County Service Area 143 letter dated September 21, 1990, a copy of which is attached. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated September 11, 1990, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated February 22, 1988, a copy of which is attached. If the project lles within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department~s letter dated August 22, 1990, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Rancho California Water District~s transmittal dated August 9, 1989, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, PaiDmar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. STAFFRPT\VTM23143 2 19. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated January 27, 1988, a copy of which is attached. 20. Lots created by this subdivision shall comply with the following: 21. 22. 23° Lots created by this subdivision shall be in conformance with the development standards of the R-1 and R-~, zones. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California )nstitute of Technology, Palomar Observatory Outdoor Lighting Policy. EIR No. 230 was prepared for this project and is on file at the City of Temecula Planning Department. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. STAFFRPT\VTM231~,3 3 All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betruing, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-d-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. if the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour- graded incorporating the following grading techniques: STAFFRPT\VTM231~,3 ~, 1. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 25. 26. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontolagical impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer~s successor~s- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to ~,5 Ldn. All building plans for all new structures shall incorporate, all required elements from the subdivisionis approved fire protection plan as approved by the County Fire Marshal. STAFF R PT\VTM231 ~,3 5 27. 29. Prior to the issuance of buildin9 permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A ) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. g. All street side yard setbacks shall be a minimum of ten (10) feet, All front yards shall be provided with landscaping and automatic i rrigatlon. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall submit to the Planning Director an agreement with the Community Services District which demonstrates to the satisfaction of the City that the land divider has provided for the payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. L~60. The agreement shall be approved by the City Council prior to the recordation of the final map. STAFFRPT\VTM23143 6 The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 2~,633, which action is brought within the time period provided for in California Government Code Section 660,99.37. The City of Temecula will promptly notify the subdlvider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 31. The developer shall make a good faith effort to acquire any required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66q62 at such time as the City acquires the property interests required for the improvements. Such egreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer~s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Cedes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Prior to recordation of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit or Developer~s Agreement. 3~,. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions I CCBR~s) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CCF, R~s shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. STAFFRPT\VTM231q3 7 36. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner~s group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any Fights 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 CCSR's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CCF, R's shall permit enforcement by the City of Provisions required by the City 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. 37. Every owner of a dwelling unit or lot shell own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or |2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 38. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CCF, R's. 39. The applicant shall submit a new tentative tract application for Vesting Tentative Tract Map No. 22430 to reflect the new boundary created by Vesting Tentative Tract Map No. 231~,3 Amended No. U,. Approval of Revised Vesting Tentative Tract Map No. 231U,3 Amended No. U, and Change of Zone No. 5535 shall be subject to the terms of the Development Agreement. Prior to recordation, the developer shall submit a plot plan application for the R-u, portion of the project showing the location of each proposed structure on its lot in compliance with the requirements for development in the R-~ zone. Prior to the issuance of grading permits and/or building permit, the developer or his successotis interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. All mitigation measures recommended in EIR No. 230 shall be implemented. Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. STAFFRPT\VTM231U,3 8 It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 0,60. PRIOR TO RECORDATION OF THE FINAL MAP: 46. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Park and Recreation Department. 47. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. 0,8. Northshire Circle, Yew Wood Place, Linda Court, Stage Court, Wakeene Circle, Wyandotte Street, Rudy Court, Janda Court, Paola Court, Faber Court, Topeka Court, Gateheed Court, Majestic Court, Regents Hill, Vandamere Court, Esser Court, Monroy Circle, Hill Street, Pampa Court, Fiji Way, Suva Lane, Stanko Circle, Meade Circle, Oslo Circle, Jolene Circle, Devant Circle, Drennon Court, Sparks Court, Dupont Circle, Swoboda Court, Aden Circle, Tiempo Circle, John Way, Trestle Circle, Drennon Circle, Hussar Court, Trini Court, San Juan Court, Jolle Court, San Jose Court, Pliance Way, "Y" Street, G G G Circle; Cinnamon Lane, Atchison Drive, Bigh Court, Paraguay Drive, Brsil Lane, Whistle Court, Cherokee Way, Wristle Court, Peppermint Lane, Rainmaker Avenue, Tonga Way, Sam Way, Soko Court, Soko Circle, Corddua Circle, F F Circle, Munich Circle, Peru Lane, and Berlin Way shall be improved with 0,0 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-d-way in accordance with County Standard No. 100,, Section A ( 40'/60~ ). STA FFR PT\VTM23143 9 49. 50. 51. 52. 53. 54. 55. 56, 57. 58. 59. Swartz Way, Lima Street, Crowne Hill Drive, Castle Way, Trestle Street, and Royal Crest Place shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 103, Section A (44'/66'). Pauba Road shall be improved with 32 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a dedicated right-of-way in accordance with County Standard No. 102 (64'/88'). Butterfield Stage Road shall be improved with 43 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 55' dedicated right-of-way in accordance with County Standard No. 100 (86'/110'). In the event that Royal Crest Place, Pauba Road, Butterfield Stage Road, and Crowne Hill Drive are not constructed by Assessment District 159 prior to final map recordation, the developer shall construct or bond for the required improvements. The improvements shall be constructed prior to occupancy. Vehicular access shall be restricted on Pauba Road, Butterfield Stage Road, and Crowne Hill Drive and so noted on the final map. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Sewer and domestic water systems. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. A minimum centerline street grade shall be 0.50 percent. STAFFRPT\VTM23143 10 60. The subdivider shall submit four prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2u," x 36" mylar by a Registered Civil Engineer. 61. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 62. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. 63. On-site drainage facilities, located outside of road right-d-way, shall be contained within drainage easements 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." A drainage easement or a letter of "permission to accept drainage" shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. 65. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 66. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 67. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer|s Office. 68. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 69. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. STAFFRPT\VTM231q.3 11 PRIOR TO BUILDING PERMIT: 70. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be approved by a registered Civil Engineer for location and elevation, and the Soll Engineer shall issue a Final Soils Report addressing compaction and site conditions. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 71o Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 72. Asphaltic emulsion {fog seal) shall be applied not less than 1~, days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 73. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated {assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerlnq PRIOR TO RECORDATION: A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for all internal streets with a curb separation of L~,. or more. For internal streets with a curb separation of LIO' or less, only a signing plan shall be required. 75. Traffic signal plans shall be designed by a registered Civil engineer and approved by the City Engineer for intersections of Butterfield Stage Road at Royal Crest Place and Butterfield Stage Road at Crowne Hill Drive. These plans shall be included in the street improvement plans with the second plan check submittal. 76. When the Tract Map is phased, a minimum of 2 points of all weather vehicular ingress and egress, with a 28~ minimum width, shall be required for each phase unless otherwise approved by the City Engineer. STAFFRPT\VTM231~,3 12 77. Sight distance calculations shall be required for each proposed intersection, and shall conform with the CalTrans sight distance standards. 78. In the event the Rancho Villages Assessment District No. 159 does not fully improve Butterfield State Road from Rancho California Road to SR79 South, Royal Crest Place from Butterfield Stage Road to Crowne Hill Drive, Crowne Hill Drive from Pauba Road to Butterfield Stage Road, and Pauba Road from Via Del Monte to Butterfield Stage Road, then the Developer may enter into a reimbursement agreement with the City for the amount over the developer's pro rata percentage of the design and construction costs of: a) Signing and striping plans prepared by a registered Civil Engineer and approved by the City Engineer for Butterfield State Road from Rancho California Road to SR79 South, Crowne Hill Drive from Pauba Road to Butterfield Stage Road, Royal Crest Place from Butterfield Stage Road to Crowne Hill Drive, and Pauba Road from Via Del Monte to Butterfield Stage Road. b) Traffic signal plans prepared by a registered Civil Engineer and approved by the City Engineer for the ultimate signal locations at Butterfield Stage Road and Rancho California Road; Butterfield Stage Road and Pauba Road; Butterfield Stage Road and De Portola Road; Butterfield Stage Road and SR79 South. c) Traffic signal interconnect plans prepared by a ragisterad Civil Engineer and approved by the City Engineer for Butterfield Stage Road from Pauba Road to De Portola Road. d) The raised medians on Butterfield Stage Road from Pauba Road to De Portola Road and shall include 250~ of left turn storage capacity with 120~ of approach transition for the intersections with Royal Crest Place, Crowne Hill Drive and De Portola Road. e) The striping plan for Pauba Road to include a left turn lane for Crowne Hill Drive. 79. A school zone signing and striping plan shall be prepared by a registered Civil Engineer and approvad by the City Engineer for the school site within this project. This will be separate from the street improvement plans and will cover any and all streets necessary to provide the appropriate signing and striping. 80. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 81o A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. STAFFRPT\VTM231~3 13 PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 82. All signing and striping shall be installed per the approved signing and striping plan. 83. 84. 85. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan when warranted but not later than issuance of occupancy for the final phase. All school zone signing and striping shall be installed per the approved school zone signing and striping plan prior to occupancy of the school site. All traffic signal interconnects along Butterfield Stage Road from Pauba Road to De Portola Road shall be installed per the approved plan. STAFF R PT\VTM2 3 1 q.3 1 q- sff/AGR17333 R CEtVED JUL 2 6 %990 Recording requested by, and When recorded mail to: City of Temecula 43172 Business Park Drive Temecula, CA 92390 Attn: City Clerk AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this day of by and between the City Of Temecula ("City") and ("Developer"). RECITALS A. Developer is the owner of real property (the "Property") in the City of Temecula described as follows: Exhibit A, attached hereto and incorporated herein by reference B. Developer proposes to develop the Property pursuant to (the "Project"). ttentative map or plot plan &oentlucavio~j C. City has determined that the Project will impact traffic and the demand for other public facilities within the Recording of this Agreement is fee exempt pursuant to Government Ca~e Sectio~ 6103 as it is recorded for the benefit of the City of Temecula, a public agency, -1- sff/~GR17333 City as identified in the for ItlR/Negat~ve UeclaratNonJ the Project. ~hese impacts must be mitigated by payment of a fee for additional road and public facility construction, which fee shall be identified as set forth hereinafter. D. The City proposes to impose traffic and public facility fees upon new developments within the City in order to construct additional transportation and public facility improvements to serve and benefit new developments, including the Project. These fees shall be known as the "Temecula City-wide Public Facility Fee Program" or "Public Facility Fee." E. Condition No. of the Project requires that Developer execute this Agreement prior to issuance of a building permit. F. In order for Developer to obtain building permits without payment of the Public Facility Fee, and so that development of Project may proceed in a timely manner, City and Developer have determined to enter into this Agreement pursuant to Government Code Section 66007. G. The term "public facility" shall refer to municipal facilities such as city hall, police stations, community centers, theaters, parks and similar public infrastructure. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Facility Fee: (a) The City Council will establish the amount of the Public Facility Fee at some time in the future. The Fee will -2- sff/AGR17333 be based upon the square footage of each development, the vehicle trips generated by each development, or similar measure(s). The Public Facility Fee also shall establish the specific improve- ments to be constructed and their cost, the benefit assessment area and the method by which the fair share, pro-rata obligations of each property are to be established based on impact on traffic and demand for public facilities. (b) Developer shall pay the Public Facility Fee on each building at such time it receives its certificate of occupancy or final inspection, which ever occurs first. (c) The Council also may establish an Interim Public Facility Fee to be followed by a Final Public Facility Fee. If only the Interim Public Facility Fee has been established at the time the Developer seeks issuance of its certificate of occupancy or final inspection, whichever occurs first, then Developer shall pay the Interim Fee prior to issuance of the certificate of Occupancy or final inspection, whichever occurs first. Later, when the Final Public Facility Fee is established, the Developer will be reimbursed for any difference between the Interim and Final Fee if the Interim Fee exceeds the Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. (d) If the certificate of occupancy or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then Developer shall pay a deposit of -3- sff/AGR17333 $10,000 prior to the issuance of the certificate Of occupancy or final inspection, which amount shall be a credit against the Interim or Final Public Facility Fee. (e) If either the Final or Interim Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Public Facility Fee ten (10) days after receiving notice from the City that it has been established. (f) Notwithstanding the above, Developer shall provide City with written notification of the opening of any escrow for the sale of the Project and shall provide in the escrow instructions that if the Interim or Final Public Facility Fee has been established, the Fee shall be paid to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. 2. Use of Public Facility Fee: The Public Facility Fee collected pursuant to this Agreement shall be used only to construct City-wide traffic and public facility improvements, which improvements are deemed to be of benefit to Project, and for expenses incidental thereto. There is a reasonable relationship between the Project and the Public Facility Fee in that the Project will impact traffic and -4- sff/AGR17333 existing public facilities, and consequently, will require expansion of the City-wide street and highway system, and public facilities in order to meet the added demand resulting from the Project. The amount of the Public Facility Fee to be collected from Project represents the cost of facilities necessary to meet the incremental increase in traffic and demand for public facilities resulting from the Project. 3. Information Provided: Developer shall provide to City, upon City's request therefor, any and all information regarding access to the Project, traffic flow, trip generation factors and such other information as is reasonably necessary to establish the Public Facility Fee. 4. Security for Public Facility Fee: (a) Concurrent with the .execution of this Agreement, Developer shall provide an irrevocable letter of credit or other form of security approved by City, in a form approved by the City Attorney, in an amount equal to the total Public Facility Fee for the Project. The amount of security may be increased upon City's request should there be an increase in the amount of the Public Facility Fee. The amount Of security also may be reduced upon Developer's payment of Public Facility Fees outstanding. -5- sff/~GR17333 No letter of credit is required if neither the Interim or Final Public Facility Fee has been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if the Developer fails to pay the Public Facility Fee within thirty (30) days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive Of penalty, a lien upon the described real property by recording a notice that said Fee is due under the terms of this Agreement with the County Recorder of Riverside County. The notice shall state the fact that said Fee, inclusive of penalty, is due under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid. (c) The City may as an alternative to the lien procedure set forth above, bring legal action to collect the Public Facility Fee due. The Developer agrees that if legal action by the City is necessary to collect the Fee the DeVeloper agrees to pay the City a reasonable sum as attorney's fees and court costs, together with penalty and interest determined according to Paragraph 4(b) of this Agreement. -6- sff/AGR17333 5. Agreement Runs With Land: This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of the parties. 6. Waiver: By execution of this Agreement, Developer waives any right to protest the provisions of Condition No. of the Project, this Agreement, the formation of any Public Facility fee district, or the process, levy, confirmation, collection, or reasonableness of any Public Facility fee for this Project. 7. Binding Agreement: This Agreement shall be binding upon Developer, Developer's successors and assigns. 8. Amendment/No Continuing Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains the full and complete understanding of the parties and supersedes any and all prior oral or written agreements or representations. A waiver Of any term or condition of this Agreement by either party shall not be deemed a continuing waiver thereof. 9. Attorneys' Fees: Should either party determine that it is necessary to file a legal action to enforce or interpret the provisions of this Agreement, the prevailing party in that litigation shall be -7- sff/AGR17333 entitled to its reasonable costs, including but not limited to attorneys' fees. 10. Notice: Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: City: Developer: City of Temecula 43172 Business Park Drive Temecula, CA 92390 Attn: City Clerk 11. Miscellaneous Provisions (a) If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this Agreement as Developer, their obligations are joint and several. IN WITNESS WHEREOF, the parties or. their duly authorized representatives have executed this Agreement as of the date set out above. CITY OF TEMECULA DEVELOPER By: B~: David S. Dixon City Manager By: APPROVED AS TO FORM: By: Scott F. Field City Attorney -8- sff/kGR17333 Form Of Condition: Developer shall pay any capital fee for road improve- ments and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required.under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. In imposing this condition, the City finds as follows: 1. The fee collected will be used for City-wide road and public facility improvements. 2. The road and public facility improvements (6r portions thereof) to be financed will serve the project by providing access, reducing congestion, and providing adequate public facilities, such as, but not limited to, City Hall, police station, fire station, community center and parks. 3. There is a need for such road and public facility improvements for the project as the project will generate traffic -i- sff/AGR17333 onto the roads to be improved and demand for additional public facilities. 4. There is a reasonable relationship between the amount of the fee and the cost of the road and public facility improvements in that the amount of the fee is no more than the amount of benefit to be received by each unit from access to and use of the road and public facility improvements. -ii- PLANNING & ENGINEERING 46-209 OASIS STREET, SUITE 405 INDIO, CA 92201 (619) 342,8886 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF August 22, 1990 PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE, CA 92501 (714) 275-4777 TO: CITY OF TEMECULA ATTN: PLANNING DEPARTMENT RE: TRACT 23143 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x4"x2½") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. MITIGATION Prior to the recordation of the final map, the developer shall deposit with the Riverside County Fire Department, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring said payment to the time of issuance of the first building permit. RE: TR 23143 Page 2 All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist 1-mac h~OV E1 '90 IO:31AM CIT'.' OF TEMECULA P,E/E TEMECUI..4 COMMUNITY S~RVICES DI$TRICT CONOITIONS OF APPROVAL Vesting Te~tazive Tract No, 23143, Revised 1. Based on 1,054 units, ti~e Quimby requiremen! of 5 acres/lO00 population is 13.7 developed, active recreation acres~ Credit given for all private recreation areas shall not exceed 5.2 acres. Therefore, The total Quimby requirement shall be 8.5 acres. The 11 acre private park developed in Phase I shall have recreation areas open and accessible to the public. 4. The. 6 acre public, active recreation park shall be tied into the assessment ir~prover, er~ts and must be constructed during Phase II of the development. Certificates ot occupancy for Phase II may not be given until this park is completed and dedicated to the TCSD. 5. The 4 acre I~ark shall be dad into Phase Ill and developed with the con- Struct~on of the school site. The flood channel adjacent to the park site shall be mitigated and fenced for user pro~ection. 7. The total development agreement fees required for 1,054 units is $4,711,380. Development agreement fees shall be paid before issuance of buijding permits. 8. Credit shall be given to the developer for amenities installed in the parks not covered by the Qulmby requirement. The amount of credit shall be determined by the TCSD. Riverside County Service Area 443 JEANINE R, OVERSON, DIRECTOR 29377 Rancho California Road, Suite I05 - Temecula, CA 92390 [7t4] 699-0235 Fax: [7~4] 699-4390 DATE: TO: FROM: 5UB,JE(]T: September 21, 1990 .ccott Wright - Planning Department Cit of TT~mecu, la JeaqLne R. Overson - CSA 143 Director Fxact 23143 Commen~,s: Please contact CSA 143 office if annexed or intend to annex for DCSD services. Upon completion of the following items the TCSD will consequently take over maintenance £rom the developez of lettered or numbered lots Only (not an easemeLlt) foI the above tract: l. CSA 143 Landscaping Standards Reqnirements. 2. Process for Dedication. 3. Review and approval of all legal documents by Riverside County Counsel, Building Services, (or appropriate City personnel) and Iemecula Community Service District Board. NOV ~g '9~ IE~g ~IV[~BiDE CO. FLOOD Rivcr3ide County ?L~nnin~ Department C~unty Ad~inis:r;~ive Centdr .r{i.'ersid.-. California Amen¢led ~{o. 1 Tgnt-~ive Tract 9314 i is ~ proposal to '3dbJivide approxi~ua~e~y ~;-35 aures in~D 1,'-]94 r~i~r~tial lorD; ~ open s~,~ce lot~ and 1 p~r'~ ~ite in the Rancho CaliCornia arch. The proper~y ~ro~cr~. Ti~c dcvelop~r propo~e~ t~ carry on~l~e ru~oFf 1~ ~e tr~c~ streets and ;tor~ dr~in~, The onal~a runo~F woul~ ~e out- tn~cj ~ntu t~ na~ur~l w~t.~r'qour~es. Par~ of ~qis ~raut is locateJ ~itnln t.~o ii::llts of the ',l'arrleta Cree.'.{/Tei~aouia Valley Ar~a Drainage Plan for Whlc~ ~rainaZe fees have been a~opted by %h~ Boar~. Drainage r~-:s shall b~ paid as s~t rorb't under the provi- sisas of t. 2~e "?:oleS an~] 5e~ulutions for A~.alnistra;i=>n of Arla Dr~jir,~e Plans", ai)~Bdej July 3, 19~4: Drain~.~e fees shall be pai.'] t~ rue Roa~ Com:alsslonQr as part of th~ fllin'] for rocOrd of the subdivisign fin~! ~ap or parce~ '~l~p, or if t'.'~ recording of e fi~e~ p~rce~ '~ap i~ waive~, ~r:~inage fee~ sha~l be p,aid as a condition of ~:le .,~alvcr prior to r-aoordin:~ a certifl~;~be o~ cordpimento ev!jencin~ the waiver of ;~c parcel t~p; or At the optjan of the laaJ divider, ~pon fitin5 s re- quired afffdavi~ req~s~imI deformant of the ~ayment of f~es. ~,~e draina,~e f~es shall be pai~ t~ the Buildin~i Director a~ the ti'-:l~ ~f issuance of a Zrad- inl i)er'~)it or b~ildinz Der;~)it for each approved par- cel, whij'~e'/,~r nl~y be first O~t=~ined after the recordirm.! of the s~bdlvi.Ji0n final ~ap ~>r parcel nap; NOV Z6 '90 2Z:4u RIVERSIDE CO. FLOOD DZSTRZCT P.4/5 :)r~,,ir;..s.;~ Za~d ~*~Li D~: paid ~0 t~{~ Ros~ ~s a :~r~ of ti:~ illinS f~ r~eord of the su'.)jivi~i~n final ;n;~p or parc~l map, or Perore receiving a wai~e~ ;;o fe~ord s l~nd ~Ivlslone ~or e~b lot ~ithi:l the land .Jlvis!on wher~ con~tfuctlon activity ~]s ~vi- danced b). one of ~ne follow~n~ actions has ~lncc May E6, 19t1: (~) A 3radlng permit or buildin~ ~ermit has Dean obcalne4. (b) Gra~lng ~r s~ruatures have been initiatc~. On~It.~ stor.n runoff should be returned to existin~ flo!~ conditions offslt~. If stor~l runoff is divertad ~r cennr~se~, a ~rain~e ease~|ant should be Obtnin~d the affected property owner, ~ copy of the dralna~e e~s~:le~t: should be sl]b;ai~bed to the Diu~rie~ raylaw pri~r to ~e re~ordatiO:l of the final map. Channels canssteered alorl~ I0~ lines ~nd brow dituhes s)~ould be concrete lined. 4. ~rade'j stoO.;"- sideeli b~ probect~d fro.1 erosion as n~)dcj. Temporary ero~lon control immediately fOllowi.~ rough ~radin~ to pr~v?n~ d~posl~!on f~otiitio5. Dev31opment of this property should b= coor~lnate~ w~th the development or adja~en~ prop~rti~ to ensure bh~t watercourses remain unob~ru=ted and ~=ormweters are not diverted from ~ne watershed be ~no%~r. T~IS may require the construerich of temporary dr~ina~e facilities or offSite ~o,~truu%ion anJ ~radtn~. O.~site dr~InaSa faotl~tt~.s located outside of road right Of way s~oul~ be contained wit~ln dralna~e ease~ents she rim on the final map. A noDS siloold be a~eJ to t, le final m)p s~tinl, "Drainaic easer,,en~ s~alL De kep~ free of buildings ~n~ ~bs%~uctionS". Offslte drainego faolli~leS Shoul] be located wiltlie publicly dealca~ed drainage easements obtained from ~h~ affquted property owner{s). The document(s) should De recorded enl o ~py ~ubml~e~ ~o ~e Distrlot prior ~o ~ecor~tion of ~ f~n~1 map. NOV E6 '90 12:44 RiVERSiDE CO. FLOOD DISTRICT P.S/5 ~iversjd~ County r(e: Ve~ln~ '£ra~t 231~3 -3- Zebrd~ry 2~, All lots should be ~,r~3~.,:~] I;2 arnin to t:i~ a-j.:,~cc;~t istre,~t o~ ~n ~.do~.)usSe otit~e~. Tile lO year stOr.l flow ,sl)aulc! cur~ and ~e ~O year ~tor:n Cio~ slmoult b~: should be A copy of th~ i,~prove~en= m~i~ alon~ wl~h and note h~s expirsti~n ,bst~ on ~>l~:)s and o:':lculatlonn subslifted. QUestions oonoernin~ thi~ matter msy be referred to EJ Lotz o? this office at '?14/78?-2333. FCE~3.!.T. TH L. ED'.VARDS Chief En~i!~eer J9)Ill ~i. }{ASH!JBA SenlOt Civil Sn~ineqr e~cmv.~o oc~- t l~ u ty of Riverside O 11 ?O: CITY OF TEMECULA DATE: SEPTEMBER 25, ATTN: SCOTT WRIGHT FROM: RENEE DAETWILER, ENVIRONMENTAL HEAL~LIST III RE: CHANGE OF ZONE 5535 1990 The Environmental Health Services has reviewed this Change of Zone 5535 and has no objections. Sanitary sewer and water services are available in this area. GEN. FORM 4. ¢Re~ 8/871 ECEIVED SEP 2 1 COUNTY OF RIVERSIDE DEPARTMENT OF HEAL H 4065 COUNTY CIRCLE DR. R~VERSIDE, CA. 92505 (Mailinq Address - P.O. Box 7600 92513-7600) September 1I . 1990 CITY OF TEMECULA 4:~180 Business Park Drive. Temecula. CA 92390 Suite 200 AlaN: Scott WriQht RE: VESTING 'I~;NTATIVE TRACT MAP N0. 23143: RECORDED IN MAP BOOK 121, PAGES 50-57, BOOK 127, PAGES 7-14, AND BOOK 127 PAGES 15-21 RESPECTIVELY ON FILE IN THE OFFICE OF COUNTY OF RIVERSIDE. (1092 LOTS) Deaf Gentlemen: The Department of Public Health has reviewed Vestins Tentative Tract MaD No. 23143. and recommend that: A water system shall be Installed accordlna to plans and specification as aDproved bV the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch eGuals 200 feet, along with the original drawing to the County Surveyor. The pFlnts shall show the internal pipe diameter. location of valves and fire hydrants: D1De and ~olnt specifications, and the size of the main at the .]unction of the new system to the existing system. The plans shall comply in all respects with Ply. 5. Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and General Order No. 103 of the Publmc Utilities Commlssxon of the State of California, when aDDlzcable. The plans shall be signed bV a registered engineer and water company with the following certification: "I certify that the desion of the water system zn Vestlno Tentative Tract Map 23143, is in accordance with the water system expanslon plans of the Rancho California Water DlstF~ct and that the water service, storage and distribution system will be adequate to provxde water service to such Tract. C[NORA ROWILL, B.5.N,, M.B,A. J,M. FANNING, R,S,, M.P.A, H,C. HOLK, D,V,M,, M,P,H, [,R, COYN[. M.S. City of Temecula Page Two ATTN: Scott Wriaht September i1, 1990 This certification does not constitute a auarantee that it will suDmlY water to such Tract mad at any sDeclfic quantities, flows or pressures for flre protection or any other purpose". This certification shall be slaned by a responsible official of the water company. Tb~_~.!~a~,_m~_~_...~hm!.~.~.~.~9...~b_~._.~.~ This s~bdivlslon has a statement from Rancho California Water District a~reelna to serve domestic water to each and every lot in the subdivision on demand Drovidln~ satisfactory financial arrangements are completed with the subdIvider. It will be necessary for financial arrangements to be made prior to the Fecordatlon of the final maD. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be ~nstalled according to plans and specifications as amproved by the District. the County Surveyor and the Health Demartment. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawlnO, to the County surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, Dime and .3oint specifications and the size of the sewers at the .]unction of the new system to the exlstin~ system. A sinale plat lndlcatlna location of sewer lines and water lines shall be a mortion of the sewage plans and water lines shall be a portion of the sewage plans and mrofxles. The plans shall be signed by a registered engineer and the sewer district with the followina certification: "I certify that the design of the sewer system in Tract MaD No. 23143 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 marcel maD. City of Temecula Paae 3 ATTN: Scott Wrlaht Semtember 11, 1990 It will be necessaFv for financial arranQements to be comDletelv finallzed prior to recordatlon of the final maD. SincereiV, Ma ~onmental Health Specialist IV SM:dr Board of Directors: James A. Darby President Jeffrey L. Minkler Sr. Vice President Ralph Daily Doug Kulberg Jon A. Lundin T. C. Rowe Richard D. Steffey Officers: John F. Hennigar General Manager Phillip L Forbes Director of Finance- Treasurer Thomas P,. McAliester Director of Operations & Maintenance Edward P. Lemons Director ef Engineering Linda M. Fregoso District Secretary McCormick & Kidman Legal Counsel Riverside County Planning Departmene/t/~H~,~ 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Revised Vesting Tract 23143 Change of Zone 5535 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. Sites for additional water production facilities may be required within the proposed development depending upon the level of increased demand created by the proposal. If you have any questions, please contact Senga Doherty at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon Civil Engineer F011/jkw259f Y R A N C H O C A L I F O R N I A W A T E R D I S T R I C T 28061 DIAZ ROAD · POST OFFICE BOX 174 · TEMECULA, CA 92390-0174 ° (714) 676-4101 , FAX (714) 676-0615 ~mm, q'~.&~eeuem January 27, 1988 RIverside County Planning Department 4080 Lemon Street, 9th Floor RIverside, California 92501 $UB~: VESTED TRACT 23143 iron Goldman) The O~str~ct ts respomfing to your request for colgenre on the subject proJect(s) relative to the provision of wstlr ind seer serv4ce. The 4tems checked below apply to this proJect. review. The subject project: X [s not wtthin ENHD's: hater service Ires seer service area Must be annexed to this Otstrfct's-Improvement Otstrtct No. tn order to be eligible to receive domestic water/sanitary sewer serv'F~. .. li111 be required to construct the foTlowtng fecfi~t~es: a. ) Ibter $ervTce extended to · p startoe. Provtde for the new lift Station end for If r~quired. The proposed 11ft starton ts &t Teeecule Creek on the west side · - =Mr Olbe lies ISl · Heme~ editends 92343 · Telephone C714) 925-~ ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 230 The Riverside County Board of Supervisors certified Environmental Impact Report (El R ) No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 2310,3 Amended No. 3 and Change of Zone No. 0,810,. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Revised Vesting Tentative Tract Map No. 2310,3 Amended No. 0, has 66 fewer residential lots than Vesting Tentative Tract Map No. 2310,3 and therefore, will generate less traffic and result in reduced impacts to the environment and to public services and utilities. Revised Vesting Tentative Tract Map No. 2310,3 Amended No. 0, will involve approximately 0,,092,000 cubic yards of cut and fill, representing an 896 increase in earth movement on the site over the amount of cut and fill resulting from Vesting Tentative Tract Map No. 2310,3 Amended No. 3. It is unlikely that the additional amount of earth movement will result in any increased significant impacts. The Conditions of Approval are adequate to mitigate any potential significant impacts regarding drainage, slope stability, and non-renewable fossil resources to levels of insignificance. Pursuant to Section 15160, of the California Environmental Quality Act, this addendure has been prepared to demonstrate that the changes resulting from the proposed Change of Zone and Revised Vesting Tentative Tract Map will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. By reducing the number of residential lots and increasing passive and active recreational open spaca, the revised project will reduce the level of impacts on the environment and on public facilities and services. By revising the street layout to restrict direct access from collector streets, the revised map will reduce the potential for traffic hazards to human beings. STAFFRPT\VTM2310,3 ATTACHMENT List Of Lots For Which Waiver From Ordinance 460, Section 3.8[c) Is Requested: 100-111 200-208 222-231 233-231 233-237 258-263 265-268 3~1-3~6 391-395 398 399 ~10-~1~ ~36-~38 ~78 q81-~86 502-515 551-553 66~-675 916 917 STAFFR PT\VTM23143 9 SP ZONE C;~St40 ,\,\0 , \ , % '5~ ZOhING AREA. MAF VICINITY MAP EC~ SITE · N.T.S. ,I II, ' I . ' I:, I CASE NO.: CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Revised Vesting. Tentative Tract Map No, 231q3 Amended No. ~ The followin9 fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 28 Condition No. 12 Condition No. 73 Condition No. 78.b, c. Condition No. 26.a. Condition No. 16 Condition No. 15 STA FFR PT\VTM23143 10 ITEM #6 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 17, 1990 Case No.: Vesting Tentative Tract Map No. 231u,3 Extension of Time Prepared By: Scott Wright Recommendation: Adopt the Resolution approving an Extension of Time for Revised Vesting Tentative Tract Map No. 231~,3 Amended No. 4 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Taylor Woodrow Homes Ranpac Engineering Corporation To subdivide a 459 acre site into 1,026 single family residential parcels, 68 open space lots including 25.5 acres of parks, a 10.2 acre school site, and a 112 acre remainder parcel in the R-A-2 1/2 and R- A-5 zone. South of Pauba Road and east of Butterfield Stage Road. R-l, R-5, R-A-2 1/2, and R-A-5 North: South: East: West: R-A ( Residential Agricultural ) R-1 (One-Family Dwelling) R-A ( Residential Agricultural ) Specific Plan no. 219, 2-5 Dwelling Units Per Acre Not requested in conjunction with the Extension of Time. Vacant North: South: East: West: Vacant and Single Family Residential Vacant Vacant Vacant STAFF R PT\ VTM231 q,3. A 1 PROJECT STATISTICS: No. of Acres: No. of Residential Lots: Minimum Lot Size: No. of Open Space Lots: Acreage of Parks: Acreage of School Site: Remainder Parcel: 459 acres 1,026 lots 7,200 sq.ft. (492 parcels) 6,000 sq.ft. ( 284 parcels ) 5,000 sq.ft. (250 parcels) 68 lots 25.5 acres 10.2 acres 112 acres BACKGROUND: On August 16, 1988, the Riverside County Board of Supervisors approved Vesting Tentative Tract Map No. 23143 Amended No. 3, a subdivision with 1,092 single family residential lots, 8 open space lots, and an 11.0 acre park, and Change of Zone No. 4814 from R-A-5, Residential Agricultural with a minimum lot size of 5 acres, to R-l, Single Family Residential with a minimum lot size of 7,200 square feet, R-A-2 1/2 on a portion of the remainder parcel, and R-5, Open Area Combining zone {open space and park areas), Certified EIR No. 230, and adopted Developer's Agreement No. 26. On July 7, 1989, the applicant submitted to the County Revised Vesting Tentative Tract Map No. 231~,3 Amended No. 4 in conjunction with Change of Zone No. 5535 requesting a change from R-1 to R-4- 6,000, Planned Residential with a minimum lot size of 6,000 square feet for 284 lots, and from R-1 to R-4- 5,000 for 250 lots. Revised Vesting Tentative Tract Map No. 23143 Amended No. L~ and Change of Zone No. 5535 were transmitted to the City on May ~,, 1990 On July 12, 1990, the applicant submitted a request for an Extension of Time for Vesting Tentative Tract Map No. 23143 to the City in order to prevent the expiration of the approval before the application for the map revision and Change of Zone No. 5535 could be processed. Revised Vesting Tentative Tract Map No. 23143 Amended No. 4 will contain fewer lots than Vesting Tentative Tract Map No. 23143 Amended No. 3, additional park space, and a 10.2 acre school site. STAFFRPT\VTM231LI3.A 2 PROJECT DESCRIPTION: The applicant requests an Extension of Time for Vesting Tentative Tract Map No. 23143 Amended No. 3, a subdivision of 459 acres which originally included 1,092 single family residential lots with a minimum lot size of 7,200 square feet, 8 open space lots, an 11.0 acre park, and a remainder parcel of approximately 128 acres. The Extension of Time is requested in order to enable the City to process Revised Vesting Tentative Tract Map No. 23143 Amended No. 4 and Change of Zone No. 5535. ANALYSIS: Reason for the Extension Request The applicant has revised the Tentative map and requests on Extension of Time for Vesting Tentative Tract Map No. 231~,3 in order to enable the City to process Revised Vesting Tentative Tract Map 231~,3 Amended No. ~,/Change of Zone No. 5535 before the original approval expires. The expiration date was August 16, 1990. The request for an Extension of Time was submitted to the City on July 12, 1990. The Time Extension and Revised Map will extend the approval of the Tentative Tract Map to August 16, 1991 with two additional Extension of Time requests available to extend the map an additional two years. Extension of Time To Be Applied to Revised Map The Extension of Time shall be applied to Revised Vesting Tentative Tract Map No. 231~,3 Amended No. ~ which shall be extended through August 16, 1991. The Extension of Time shall not apply to Vesting Tentative Tract Map No. 2311~3 Amended No. 3 which includes a number of lots taking direct access from a collector street which will carry a substantial volume of traffic. The original map could result in traffic hazards which are unacceptable to City Staff. Staff recommends approval of an Extension of Time only in conjunction with and applied to approval of Revised Vesting Tentative Tract Map no. 231~,3 Amended No. ~,. GENERAL PLAN AND STAFFRPT\VTM231zl.3. A 3 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: The proposed density of 3.1 residential units per acre is consistent with the Southwest Area Plan designation of 2-0, units per acre. The Southwest Area Plan lists the R-1, R-4, and R-5 zones among the zones consistent with the land use designation of 2-4 dwelling units per acre. The Riverside County Board of Supervisors certified Environmental Impact Report ( El R ) No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 2310,3 Amended No. 3 and Change of Zone No. 0,810,. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Revised Vesting Tentative Tract Map No. 2310,3 Amended No. 0, has 66 fewer residential lots than Vesting Tentative Tract Map No. 2310,3 and, therefore will generate less traffic and result in reduced impacts to the environment and to public services and utilities. Vesting Tentative Tract Map No. 2310,3 Amended No. 3 involved approximately 3,800,000 cubic yards of cut and fill. Revised Vesting Tentative Tract Map No. 2310,3 Amended No. 0, will involve approximately 0,,092,000 cubic yards of cut and fill. The 896 increase in earth movement on the site is unlikely to result in any increase in significant impacts. The Conditions of Approval will mitigate any potential significant impacts regarding drainage, slope stability, or non-renewable fossil resources to levels of insignificance. Pursuant to CEQA Section 15160,, an addendure to EIR No. 230 has been prepared lSee Attachment 3) providing minor changes to make EIR No. 230 applicable to the revised map and to document that the map revision will not result in any new or substantially increased environmental impacts. Extension of Time for Revised Vestinq Tentative Tract Map No. 2310,3 Amended No. 0, The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.1 units per acre is within the range of the SWAP designation of 2-0, units per acre. STAFFRPT\VTM2310,3. A 0, The proposed Revised Vesting Tentative Tract Map is compatible with surrounding zoning, existing land uses in the vicinity, and approved projects. The proposed R-t4 portions of the project, which includes the smaller lots, abuts the R-1 zone south of the site and Specific Plan No. 219, 2-5 dwelling units per acre west of the site. The lots abutting the R-A zone north of the site are substantially larger than the 7,200 square foot minimum lot size in the R-1 zone (11,000 square feet or more) and a large open space area provides a buffer 150-300 feet deep along the north side of the site. Future development of the remainder portion on the east side of the site will conform to R-A-2 1/2 acre and R-A-5 acre zoning to ensure compatibility with the R-A zone to the east. The lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pauba Road and Butterfield Stage Road, and seven (7) access points to the site are shown on the map. There is a reasonable probability that the project will be consistent with the City~s General .Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. STAFFRPT\VTM231q.3. A 5 10. 11. 12. 13. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 231u,3 Amended No. 3. Revised Vesting Tentative Tract Map No. 231u,3 Amended No. u, and Change of Zone No. 5535 will not result in any new or substantially increased environmental impacts. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. The project meets the requirements of Ordinance 3~,8 and L~60 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. The proposed project includes adequate dedication for public parks in that it provides for 10.2 acres of public parks and 15.3 acres of private parks which will include some facilities open to the public The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFFR PT\VTM23143. A 6 STAFF RECOMMENDATION: Staff recommends that the Planning Commission make the following recommendation to the City Council: ADOPT Resolution 90- recommending Approval of the First Extension of Time for Revised Vesting Tentative Tract No. 231L~3 Amended No. ~, through August 16, 1991 based on the analysis and findings contained in this report and subject to the attached Conditions of Approval. SW: ks Attachments: Resolution Conditions of Approval Letter of Agreement to Extend Processing Time Addendum to Environmental impact Report No. 230 Exhibits: Vicinity map Revised Vesting Tentative Map STAFFRPT\VTM23143. A 7 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF A FIRST EXTENSION OF TIME FOR REVISED VESTING TENTATIVE TRACT MAP NO. 23143 AMENDED NO. 4 TO SUBDIVIDE A 459 ACRE PARCEL INTO 1,026 RESIDENTIAL LOTS, 68 OPEN SPACE LOTS, A SCHOOL SITE, AND A REMAINDER PARCEL LOCATED SOUTH OF PAUBA ROAD AND EAST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 926-760-001 THROUGH 005 AND 926-770-001 THROUGH 003. WHEREAS, Taylor Woodrow Homes, Inc., filed an Extension of Time request for Tentative Tract Map No. 23143 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract Map Extension on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, .at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Tract Map Extension; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin,qs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1 ) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAFFRPT\VTM23143. A 1 (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. ~c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Revised Vesting Tentative Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. ~2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Revised Vesting Tentative Tract Map No. 2310,3 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. STAFFRPT\VTM231z&3. A 2 ~c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. ~60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or impFovement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildllfe or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alteFnate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. STAFFRPT\VTM23143. A 3 [2) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: a) The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.1 units per acre is within the range of the SWAP designation of 2-L~ units per acre. b) The proposed Revised Vesting Tentative Tract Map is compatible with surrounding zoning, existing land uses in the vicinity, and approved projects. The proposed R-L~ portions of the project, which includes the smaller lots, abuts the R-1 zone south of the site and Specific Plan No. 219, 2-5 dwelling units per acre west of the site. The lots abutting the R-A zone north of the site are substantially larger than the 7,200 square foot minimum lot size in the R-1 zone ( 11,000 square feet or more) and a large open space area provides a buffer 150-300 feet deep along the north side of the site. Future development of the remainder portion on the east side of the site will conform to R-A-2 1/2 acre and R-A-5 acre zoning to ensure compatibility with the R-A zone to the east. c) The lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. d) Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. e) Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pauba Road and Butterfield Stage Road, and seven (7) access points to the site are shown on the map. f) There is a reasonable probability that the project will be consistent with the City~s General Plan once adopted, in that the proposed density is consistent with the STAFFRPT\VTM231~.3.A g) h) i) j) k) I) m) Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 231~,3 Amended No. 3. Revised Vesting Tentative Tract Map No. 231~,3 Amended No. u, and Change of Zone No. 5535 will not result in any new or substantially increased environmental impacts. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. The project meets the requirements of Ordinance 3~,8 and L~60 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. The proposed project includes adequate dedication for public parks in that it provides for 10.2 acres of public parks and 15.3 acres of private parks which will include some facilities open to the public The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFFR PT\VTM231 ~,3. A 5 E. As conditioned pursuant to SECTION 3, the Revised Vesting Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 231~,3 Amended No. 3. Revised Vesting Tentative Tract Map No. 231~3 Amended No. u, will not result in any new or substantially increased environmental impacts. An addendum to EIR No. 230 is hereby adopted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves an Extension of Time for Revised Vesting Tentative Tract Map No. 231L~3 Amended No. u, for the subdivision of a L~59 acre parcel into 1,026 single family lots and 68 open space lots located south of Pauba Road and east of Butterfield Stage Road and known as Assessor's Parcel No. 926-760-001 through 005 and 926-770-001 through 003 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this day of 199 DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the __ day of , 199 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\VTM231q3.A 6 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for the First Extension of Time for Revised Vesting Tentative Tract Map No. 231~,3 Amended No. u,. DATED: By Name Title STAFFRPT\VTM23143. A 7 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 231~,3 Amended No. L~ Project Description: 1,026 Lot Sinqle Family Subdivision with 68 Open Space Lots Assessor's Parcel No.: 926-760-001 thru 005 926-770-001throuqh003 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~,60, Schedule A, 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. This conditionally approved revised tentative map will expire on August 16, 1991, unless extended as provided by Ordinance ~,60. Any delinquent property taxes shall be paid prior to recordation of the final m8~). Legal access as required by Ordinance ~,60 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, 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 and recorded as directed by t.he City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A maintenance district or homeowners~ association shall be established for maintenance of Open Space Lots 1027-1082, 1087-1090, and 1095. The developer/applicant shall pay for all costs relating to establishment of the district or the homeowners' association. STAFFRPT\VTM23143 1 10. 11. 12. 13. 14. 15. 16. 17. 18. A Homeowners Association shall be established for maintenance of Lots 1083- 1086. Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Homoowners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. Be a part of the downhill lot when within or between individual lots or as approved by the City Engineer. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the Conditions of Approval outlined in the Temecula Community Service District's transmittal dated November 21, 1990, a copy of which is attached. The applicant shall comply with the recommendations outlined in the County Service Area 1~,3 letter dated September 21, 1990, a copy of which is attached. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated September 11, 1990, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated February 22, 1988, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 22, 1990, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Rancho California Water District's transmittal dated August 9, 1989, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. STAFFRPT\VTM23143 2 19. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated January 27, 1988, a copy of which is attached. 20. Lots created by this subdivision shall comply with the following: 21. 22. 23. Lots created by this subdivision shall be in conformance with the development standards of the R-1 and R-L~ zones. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. EIR No. 230 was prepared for this project and is on file at the City of Temecula Planning Department. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: ('i) Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. STAFFRPT\VTM23143 3 All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betruing, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted, Wall plans shall be submitted for the project perimeter. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-d-way, they shall be planted outside of the road right-d- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. -The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sadimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten |10) feet in vertical height shall be contour- graded incorporating the following grading techniques: STAFFRPT\VTM2311&3 u, 1. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 25° 26. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successoris- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitiga/cion for public library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to ~,5 Ldn. All building plans for all new structures shall incorporate, all required elements from the subdivision~s approved fire protection plan as approved by the County Fire Marshal. STAFF R PT\ VTM23143 5 28. 29. Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant ( Class A ) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. g. All street side yard setbacks shall be a minimum of ten (10) feet. All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall submit to the Planning Director an agreement with the Community Services District which demonstrates to the satisfaction of the City that the land divider has provided for the payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. L~60. The agreement shall be approved by the City Council prior to the recordation of the final map. STAFFRPT\VTM23143 6 30. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 2L~633, which action is brought within the time period provided for in California Government Code Section 66L199.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 31. The developer shall make a good faith effort to acquire any required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66L162 at such time as the City acquires the property interests required for the lmprovements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer~s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 32. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Prior to recordat/on of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit or Developeris Agreement. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions {CCF, R's) shall be reviewed and approveq by the Planning Department prior to final approval of the tract maps. The CC&R Is shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. STAFFRPT\VTM23143 7 36. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner~s group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCF, R~s which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CCF, R's shall permit enforcement by the City of Provisions required by the City 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. 37. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 38. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC~-R~s. 39. The applicant shall submit a new tentative tract application for Vesting Tentative Tract Map No. 220,30 to reflect the new boundary created by Vesting Tentative Tract Map No. 231U,3 Amended No. U,. Approval of Revised Vesting Tentative Tract Map No. 231U,3 Amended No. U, and Change of Zone No. 5535 shall be subject to the terms of the Development Agreement. Prior to recordation, the developer shall submit a plot plan application for the R-u, portion of the project showing the location of each proposed structure on its lot in compliance with the requirements for development in the R-O, zone. Prior to the issuance of grading permits and/or building permit, the developer or his successor~s interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be mat and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. All mitigation measures recommended in EIR No. 230 shall be implemented. Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. STAFFRPT\VTM231U,3 8 It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~,60. PRIOR TO RECORDATION OF THE FINAL MAP: The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department: Riverside County Health Department; CATV Franchise; and Park and Recreation Department. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Northshire Circle, Yew Wood Place, Linda Court, Stage Court, Wakeene Circle, Wyandotte Street, Rudy Court, Janda Court, Paola Court, Faber Court, Topeka Court, Gatehead Court, Majestic Court, Regents Hill, Vandamere Court, Esser Court, Monroy Circle, Hill Street, Pampa Court, Fiji Way, Suva Lane, Stanko Circle, Meede Circle, Oslo Circle, Jolene Circle, Devant Circle, Drennon Court, Sparks Court, Dupont Circle, Swoboda Court, Aden Circle, Tiempo Circle, John Way, Trestle Circle, Drennon Circle, Hussar Court, Trini Court, San Juan Court, Jolle Court, San Jose Court, Pliance Way, "Y" Street, G G G Circle; Cinnamon Lane, Atchison Drive, Bigh Court, Paraguay Drive, Brsil Lane, Whistle Court, Cherokee Way, Wristle Court, Peppermint Lane, Rainmaker Avenue, Tonga Way, Sam Way, Soko Court, Soko Circle, Corddua Circle, F F Circle, Munich Circle, Peru Lane, and Berlin Way shall be improved with LI0 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 10~, Section A 1~,0'/60'). STAFFRPT\VTM231~3 9 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. Swartz Way, Lima Street, Crowne Hill Drive, Castle Way, Trestle Street, and Royal Crest Place shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 103, Section A (4~.'/66'). Pauba Road shall be improved with 32 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 44' dedicated right-of-way in accordance with County Standard No. 102 ( 64'/88' ). Butterfield Stage Road shall be improved with 43 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 55' dedicated right-of-way in accordance with County Standard No. 100 {86'/110'). In the event that Royal Crest Place, Pauba Road, Butterfield Stage Road, and Crowne Hill Drive are not constructed by Assessment District 159 prior to final map recordation, the developer shall construct or bond for the required improvements. The improvements shall be constructed prior to occupancy. Vehicular access shall be restricted on Pauba Road, Butterfield Stage Road, and Crowne Hill Drive and so noted on the final map. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approechee, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Sewer and domestic water systems. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 dagr=c-- or as approved by the City Engineer. A minimum centerline street grade shall be 0.50 percent. STAFFRPT\VTM231~,3 10 60. The subdivider shall submit four prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2~" x 36" mylar by a Registered Civil Engineer. 61. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 62. A drainage study shall be submittad to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. 63. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements 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." A drainage easement or a letter of "permission to accept drainoge" shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. 65. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 66. Prior to final map, the subdivider shall notify the City~s CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 67. Prior to any work being performed in public right-d-way, fees shall be paid and an encroachment permit shall be obtained from the City EngineerIs Office. 68. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-d- way. 69. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already craditad to this property, no new charge needs to be paid. STAFFRPT\VTM2310,3 11 PRIOR TO BUILDING PERMIT: 70. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be approved by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 71. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 72. Asphaltic emulsion (fog seal) shall be applied not less than lu, days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9u, of the State Standard Specifications. 73. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, :~ copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION: A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for all internal streets with a curb separation of 44~ or more. For internal streets with a curb separation of u,0' or less, only a signing plan shall be required. 75. Traffic signal plans shall be designed by a registered Civil engineer and approved by the City Engineer for intersections of Butterfield Stage Road at Royal Crest Place and Butterfield Stage Road at Crowne Hill Drive. These plans shall be included in the street improvement plans with the second plan check submittal. 76. When the Tract Map is phased, a minimum of 2 poi.nts of all weather vehicular ingress and egress, with a 28~ minimum width, shall be required for each phase unless otherwise approved by the City Engineer. STAFFRPT\VTM231~,3 12 77. Sight distance calculations shall be required for each proposed intersection, and shall conform with the CalTrans sight distance standards. 78. In the event the Rancho Villages Assessment District No. 159 does not fully improve Butterfield State Road from Rancho California Road to SR79 South, Royal Crest Place from Butterfield Stage Road to Crowne Hill Drive, Crowne Hill Drive from Pauba Road to Butterfield Stage Road, and Pauba Road from Via Del Monte to Butterfield Stage Road, then the Developer may enter into a reimbursement agreement with the City for the amount over the developer's pro rata percentage of the design and construction costs of: a) Signing and striping plans prepared by a registered Civil Engineer and approved by the City Engineer for Butterfield State Road from Rancho California Road to SR79 South, Crowne Hill Drive from Pauba Road to Butterfield Stage Road, Royal Crest Place from Butterfield Stage Road to Crowne Hill Drive, and Pauba Road from Via Del Monte to Butterfield Stage Road. b) Traffic signal plans prepared by a registered Civil Engineer and approved by the City Engineer for the ultimate signal locations at Butterfield Stage Road and Rancho California Road; Butterfield Stage Road and Pauba Road; Butterfield Stage Road and De Portola Road; Butterfield Stage Road and SR79 South. c) Traffic signal interconnect plans prepared by a registered Civil Engineer and approved by the City Engineer for Butterfield Stage Road from Pauba Road to De Portola Road. d) The raised medians on Butterfield Stage Road from Pauba Road to De Portola Road and shall include 250' of left turn storage capacity with 120~ of approach transition for the intersections with Royal Crest Place, Crowne Hill Drive and De Portola Road. e) The striping plan for Pauba Road to include a left turn lane for Crowne Hill Drive. 79. A school zone signing and striping plan shall be prepared by a registered Civil Engineer and approved by the City Engineer for the school site within this project. This will be separate from the street improvement plans and will cover any and all streets necessary to provide the appropriate signing and striping. 80. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 81. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. STAFFRPT\VTM231~3 13 PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 82. All signing and striping shall be installed per the approved signing and striping plan. 83. 84. 85. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan when warranted but not later than issuance of occupancy for the final phase. All school zone signing and striping shall be installed per the approved school zone signing and striping plan prior to occupancy of the school site. All traffic signal interconnects along Butterfield Stage Road from Pauba Road to De Portola Road shall be installed per the approved plan. STAFFRPT\VTM23143 1~ RANPAC ENGINEERING CORPORATION October 18, 1990 Mr. Scott Wright, Senior Planner City of Temecula 43172 Business Center Drive Temecula, California 92390 Re: Crowne Hill Project, Revised Tentative Tract No. 23143 and Time Extension Dear Scott: The purpose of this letter is two-fold: first it shall serve to confirm the City's agreement upon a 90-day extension for the processing of the time extension for the above-referenced subdivision, commencing on October 15, 1990, and ending on January 13, 1991; and secondly, a work schedule is set forth below by which we can complete processing of the revised map and time extension within the established time frame. To summarize, City staff was uncomfortable in proceeding with the extension request because the originally approved vesting map does not meet current standards. The revised map at present contains minor design problems which must be addressed before this iteration becomes acceptable to Staff. Consistent with my suggestion, we agreed that we can modify and process the revised map concurrently with the time extension request to give the Planning Commission and City Council the proper comfort level that the design to be carried forward is consistent with today's expectations. Processing and action upon both applications (extension and revised map) will be accomplished during the agreed upon 90-day period. Following is a schedule of actions which will allow the necessary tasks to be accomplished within the prescribed period: Mr. Scott Wright October 18, 1990 Page Two o o o o o o o o o o o o o o Map Revision (by Ranpac) Meeting with TVUSD Preliminary Traffic Review (by John Kain) Revised Map Submitted for City Staff Review Meeting with City Staff Submit Final Map Revisions to Tentative Map (by Ranpac) Submit Revised Traffic Study (by John Kain) Submit Addendum to EIR (by Ranpac) Development Review Committee Meeting Prepare Staff Reports Planning Commission Legal Notification Planning Commission Hearing City Council Legal Notification City Council Hearing October 12 to October 21 October 18 October 21 to October 25 October 31 November 5 (Tentative date) November 13 November 13 November 13 November 22 (or Special Meeting) November 22 to December 10 December 3 December 17 December 21 January 8 We genuinely appreciate the spirit of cooperation demonstrated by City Staff in assisting us to process this project in a timely manner and to develop a logical course of action which Mr. Scott Wright October 18, 1990 Page Three permits applicable concerns to be addressed. We would appreciate written documentation for our client's files and ours relative to acceptance of the 90-day extension. If you have any questions or comments, feel free to call us at your earliest convenience. Very truly yours, RANPAC ENGINEERING CORPORATION Ernest A. AICP Director of Planning EAE:vhm CC: Gary Thornhill, City of Temecula Tim Serlet, City of Temecula Kirk Williams, City of Temecula Doug Stewart, City of Temecula Richard Pope, Taylor Woodrow Sharon Slocum, Taylor Woodrow John Kain, Kahn-Kain Associates Mayor ,{on Parks Mayor Pro Tem Karel F. Lindemans October 25, 1990 CITY OF TEMECULA P.O. Box 3000 Temecula, California 92390 (714) 694-1989 FAX (714) 694-1999 Councilmembers Patricia H. Birdsall Peg Moore J. Sat Mu~ioz Mr. Ernest E99er Ranpac Engineerln9 Corporation 27L~,7 Enterprise Circle West Temecu)a, CA 92390 SUBJECT: Tentative Tract No. 23143, Crowne Hill Dear Mr. Egger: This is to confirm that the Planning Staff agrees to a 90 day extension for processing the Extension of Time for Tentative Tract No. 231t~3. As stated in your letter of October 18, 1990, it is our understanding that the extension of time and the map revision for the subject tract will proceed concurrently to the Planning Commission and to the City Council. If you have any questions, please call me at 171~,) 69q-6~,00. Sincerely, Scott Wright Associate Planner · Gary Thornhill Planning Director SW/GT: ks cc: Taylor Woodrow Homes PLANNING\L0~ ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 230 The Riverside County Board of Supervisors certified Environmental Impact Report (El R ) No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 231u,3 Amended No. 3 and Change of Zone No. ~81u,. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Revised Vesting Tentative Tract Map No. 231u,3 Amended No. ~ has 66 fewer residential lots than Vesting Tentative Tract Map No. 231L~3 and therefore, will generate less traffic and result in reduced impacts to the environment and to public services and utilities. Revised Vesting Tentative Tract Map No. 231u,3 Amended No. u, will involve approximately u,,092,000 cubic yards of cut and fill, representing an 8% increase in earth movement on the site over the amount of cut and fill resulting from Vesting Tentative Tract Map No. 231u,3 Amended No. 3. It is unlikely that the additional amount of earth movement will result in any increased significant impacts. The Conditions of Approval are adequate to mitigate any potential significant impacts regarding drainage, slope stability, and non-renewable fossil resources to levels of insignificance. Pursuant to Section 15164 of the California Environmental Quality Act, this addendum has been prepared to demonstrate that the changes resulting from the proposed Change of Zone and Revised Vesting Tentative Tract Map will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. By reducing the number of residential lots and increasing passive and active recreational open space, the revised project will reduce the level of impacts on the environment and on public facilities and services. By revising the street layout to restrict direct access from collector streets, the revised map will reduce the potential for traffic hazards to human beings. STAFFRPT\VTM23143 VICINITY MAP SITE N.T.S. i ITEM #7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 17, 1990 Case Nos.: Plot Plan No. 3~, Tentative Parcel Map No. 25059 Change of Zone Nos. 5 and 7 Prepared By: 0liver Mujica Recommendation: Forward the following recommendations to the City Council: 1. ADOPT the Negative Declaration for Plot Plan No. Tentative Parcel Map No. 25059, and Change of Zone Nos. 6 and 7; 2. ADOPT Resolution No. 90- Change of Zone No. 3. ADOPT Resolution No. 90- Change of Zone No. ADOPT Resolution No. 90- approving approving approving Plot Plan No. 3L~; and ADOPT Resolution No. 90- approving Tentative Parcel Map No. 25059. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: Preferred Equities Markham F, Associates Plot Plan No. Construct one (1) seven story office building containing 102.2e13.5 square feet; one I1) 7.872 square foot restaurant; one { 1 ) four level parking structure containing 134,933 square feet; and a building pad for a proposed 7,000 square foot restaurant; on 5.51 acres. STAFFRPT\PP34 1 Tentative Parcel Map No. 25059 Subdivide the subject 5.51 acre site into four (u,) industrial lots. LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Chanqe of Zone No. 6 Change the maximum height limitation contained in the development standards for the I-P (Industrial Park) zone on this site from 50 to 91 feet. Chanqe of Zone No. 7 Amend Ordinance No. 3u,8, Section 10.u,(b), to increase the maximum height permitted, within the I-P (Industrial Park) zone, above 75 feet to 105 feet. Ridge Park Drive, southwest side approximately seventy (70) feet east of its intersection with Rancho California Road. I -P ( Industrial Park ) North: South: East: West: I-P ( Industrial Park) I-P ( Industrial Park) I-P ( Industrial Park) I-P ( Industrial Park) Not applicable. Vacant North: Industrial/Office South: Office East: Office West: Vacant No. of Buildings: No. of Building Pads: No. of Acres: Total Square Feet: No. of Parking Spaces: SWAP Designation: 3 bldgs, u, pads 5.51 acres 276,312 sq.ft. 570 spaces Restricted Light Industrial STAFFR PT\PP34 2 BACKGROUND: Status Plot Plan No. 3u, and Tentative Parcel Map No. 25059 were submitted to the City of Temecula on May 11, 1990. On June 14, 1990, this project was reviewed by the Preliminary Development Review Committee (Pre- DRC ) in order to informally evaluate the project and address any concerns, as well as suggesting possible modifications. The comments by the Pre- DRC included the following: 1. Grading 2. Access/Circulation 3. Drainage u,. Loading 5. Traffic Impacts 6. Building Height 7. Parking Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss possible design modifications in order to address the Pre-DRC's concerns. On October 11, 1990, this project was once again reviewed by the Pre-DRC in order to informally evaluate the proposed modifications, which included the reduction in overall building height from 103 to 91 feet; revising the parcel map to create four lots instead of five (5); and reduce the square footage of the office building from 125,000 to 102,2u,3.5 square feet. The comments by the Pre- DRC included the following; 1. Traffic Impacts 2. Phasing 3. Building Height Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss the appropriate land use applications that had to be filed in order to pursue the proposed building height of 91 feet, in which it was determined by the Planning Staff that an Ordinance Amendment request and a Change of Zone application is required. STAFFRPT\PP34 3 On November 21, 1990, Plot Plan No. 3u,, Tentative Parcel Map No. 25059, and Change of Zone Nos. 6 and 7 were reviewed by the Formal Development Review Committee (DRC); and, it was determined that the project, as designed, can be adequately conditioned to mitigate the DRC's concerns. PROJECT DESCRIPTION: Project PLOT PLAN NO. 311 is a proposal to develop the subject 5.51 acre site with a 276,312.5 square foot office/restaurant center, as follows: Building "A" - Restaurant Building "B" - Restaurant Building "C" - Office Building "D" - Parking 7,000 sq.ft. 7,872 sq.ft. 102,2u,3.5 sq.ft. 13L~, 933 sq. ft. With the exception of the proposed building height (Building "C" - 91 feet), which is requested under Change of Zone Nos. 6 and 7, the proposed development has been designed in accordance with the standards for the I-P I Industrial Park) zone. TENTATIVE PARCEL MAP NO. 25059 is a proposal to subdivide the subject 5.51 acre site into four (u,) industrial lots, as follows: Parcel 1 (Building "A") Parcel 2 (Building "B" ) Parcel 3 (Building "C" ) Parcel u, { Common Lot) 7,000 sq.ft. 8,160 sq.ft. 17,500 sq.ft. 203,380 sq.ft. it has been noted that Parcels 1-3 are the proposed building lines for Buildings A-C respectively and parcel u, will be the common area that will contain the landscaping, parking, and parking structure which will be maintained through the CCF, R~s. The proposed subdivision has been designed in accordance with Riverside County Ordinances Nos. 3u,8 and q60 as well as the Subdivision Map Act. ANALYSIS: Traffic Impacts The Transportation Engineering Staff has reviewed and accepted the findings and mitigation measures as specified in the Traffic Impact Analysis prepared STAFFRPT\PP3~ ~ for Tentative Parcel Map No. 25059 and Plot Plan No. 3z~; and has determined that the proposed project will have an impact to the existing road system. However, given the proposed mitigation measures, there will be no adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Access and Circulation Access into the proposed development from Ridge Park Drive is provided by the proposed construction of a forty {~,0~) foot wide private driveway, which is shared by the subject project and the adjacent project to the south ( PM No. 25037 ) which is currently under construction. It has been noted that this private driveway will have a reciprocal ingress/egress easement. internal, twenty-four (2~') and twenty-six {26~) foot wide, driveways will provide access through the project site and to the required off-street parking areas. Both the Engineering and Traffic Engineering Staff, as well as the Planning Department Staff, have determined that the applicant~s proposed access and circulation are acceptable. Parking As submitted, the applicant has provided the following parking detail: BUILDING "A" Dining Area 3,000/~,5 = Employees 10/2 = (Equals 72 Spaces x 3 = 216 Seats) 67 5 BUILDINC "B" Dining Area ~,,000/~,5 = Employees 10/2 = (Equals 9~ Spaces x 3 = 282 Seats) 89 5 BUILDING "C" Office {Leasable 78,976/200 = 395 Total Parking 561 STAFFRPT\PP34 5 The following spaces have been shown on the site plan: ON GRADE Standard 136 Compact 17 PARKING STRUCTURE Standard 418 Compact 0 Total Parking Shown 571 The proposed five hundred, seventy-one (571) parking spaces complies with the parking requirements for office and restaurant uses under the Development Code ( Section 18.12 ). Gradinq and Landform Alteration The project site was previously mass graded under the approval {by the County) for Parcel Map No. 23968. The proposed project involves minor grading which is needed to create the building pads, minor contouring and drainage patterns. The conceptual grading plan for the project was reviewed and approved by the City Engineer and the Conditions of Approval include mitigation measures in regards to grading. Hydroloqy The Engineering Staff has reviewed and accepted the drainage study prepared for Tentative Parcel Map No. 25059 and Plot Plan No. 3~; and has determined that the proposed mitigation measures {Conditions of Approval) will provide for no adverse unmitigable significant hydrolagy impacts resulting from the development of this proposed project. STAFFRPT\PP3q 6 Drainage The proposed project is designed to drain towards Ridge Park Drive and northerly to Rancho California Road. Appropriate drainage control devices will have to be approved by the City Engineer and designed in accordance with City and Riverside County Flood Control District Standards and Conditions of Approval. In addition, in order to mitigate the downstream impacts brought about by surface runoff and the proposed drainage facilities, the project will be required to pay an Area Drainage Plan fee which has been included as a Condition of Approval. Landscape Landscaping is provided throughout the site, in which the proposed 37% landscaping for the site exceeds the requirements under the Development Code. In addition, a detailed landscape plan will be submitted for approval by the Planning Department prior to the issuance of building permits. Project Desiqn a. Building "A'~ Under this proposal, Building "A" is a building pad only for the future development of a 7,000 square foot restaurant. Therefore, a separate plot plan application will be required prior to the issuance of building permits for Building "A". b. Building "B" This building is proposed as a 7,872 square foot, sing le-story ( 18 feet high ), restaurant { Yamazato of Japan). The building design incorporates a Japanese architectural theme that features a tile roof with a blue ceramic finish; posts, beams and fascias with a walnut stain; and stuccoed walls with a beige (with a pink tint) finish. c. Building The proposed 102,2~,3.5 square foot, ninety-one (91') foot high, office building contains seven (7) STAFFRPT\PP3~ 7 stories, as follows: Gross Lease Area Space Ground Level 15,2~,1 10,950 Second Level 1 ~, 828 11,678 Third Level 15,808 12,615 Fourth Level 15,358 12,203 Fifth Level 15,358 12,187 Sixth Level 15,133 11,900 Seventh Level 10,517.5 7,~,3 Total Square Footage 102,2~3.5 78,976 The contemporary architectural building design utilizes various building surface levels and angles, and features the following materials: 2. 3. 5. Jade Green Granite Green Monolithic Glazing Greylite (Black) Glazing Clear Glazing Mirrored Finish Stainless Steel Storefront Buildinq Heiqht As previously mentioned, the building height of Building "C" is requested under the following two ( 2 ) applications: Change of Zone No. 6 is a request to permit an increase in building height from fifty (501) feet to the proposed ninety-one {91') feet. According to Section 10.~,{b) of the Zoning Ordinance, "The maximum height of all structures, including buildings, shall be 35 feet at the yard setback line. Any portion of a structure that exceeds 35 feet in height shall be set back from each yard setback line not less than 2 feet for each 1 foot in height that is in excess of 35 feet. All buildinqs and structures shall not exceed 50 feet in heiqht, unless a heiqht up to 75 feet for buildlnqs or 105 feet for other structures is specifically permitted under the provisions of Section 18. 3~ of this ordinance." Correspondingly, Section 18.3~, states that an application for a zone change may request a greater height limit in accordance with the limitations of the zoning classification, which in this case is seventy- STAFFRPT\PP34 8 five (75~) feet. Literal interpretation of the zonin9 ordinance would limit the overall building height to one hundred, five ( 1051 ) feet, in which the occupied area could not be above the seventy-five ( 751 ) foot elevation. The area between 75 feet and 105 feet must be for mechanical equipment purposes, or in this case, the area between 75 feet and 91 feet. Therefore, the applicant has filed Change of Zone No. 7. Change of Zone No. 7 is a request to amend Section 10.u,(b) as follows: " .... All buildings and structures shall not exceed 50 feet in height, unless a height up to 105 feet for buildings and/or structures is specifically permitted under the provisions of Section 18.3~, of this ordinance." As presently written, the zoning ordinance makes a distinction between buildings (habitable and/or leasable areas) and structures {for mechanical equipment ). An approval of the requested amendment of Section 10.u,(b) would change this requirement to permit a maximum height of up to 105 feet for buildings and/or structures. It should be noted that since the applicant~s request is to amend the actual ordinance, this change would affect all properties with the I-P (Industrial Park) zoning designation within the City of Temecula. It should be noted that all projects within the I-P ( Industrial Park) zone that request a building/structure height above 50 feet would still be required to file a Change of Zone application similar to Change of Zone No. 6. d. Parking Structure The proposed 13u,,933 square foot, 33 feet 6 inch ( 33'6" ) high, parking structure contains four levels of parking, as follows: Ground Level 58 Second Level 127 Third Level 107 Fourth level 128 Total Parking Spaces u, 18 STAFFRPT\PP3~ 9 The rectangularly shaped structure utilizes concrete walls with the following painted finish: Green Luster No. 1H7P by Ameritone Green Stone No. IM58D by Ameritone. GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: The proposed project is consistent with the SWAP land use designation of Restricted Light Industrial, which includes office and restaurant uses. Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. Policy Although the Planning Department Staff is recommending approval of this project, Staff is of the opinion that a policy statement relative to an interim policy in regards to building/structure height limitations should be established until the City adopts a General Plan. An Initial Study was performed for this project which determined that although the proposed project could have a significant affect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. Chan.qe of Zone No. 7 There is a reasonable probability that Change of Zone No. 7 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request involves an amendment to Section 10.~,{b) of the Zoning Ordinance, which pertains to building height within the I-P {industrial Park) zone, which may be consistent with the goals and/or policies of the City's future General Plan. STAFF R PT\PP3q 10 There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed amendment (Change of Zone) is ultimately inconsistent with the plan, due to the fact that such an amendment, if deemed inconsistent with the plan, may cause all properties within the I-P (Industrial Park) zone to be inconsistent with the plan. Therefore, it is likely that the City will consider this amendment during their preparation of the General Plan. ChanqeofZone No. 6 There is a reasonable probability that Change of Zone No. 6 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the limitations of the zoning ordinance in which structures of up to 105 feet are permitted and since Change of Zone No. 7, which is a request to amend Section 10.~(b) of the zoning ordinance, is recommended for approval. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 6 is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City's future General Plan. The project is compatible with surrounding land uses. Although the harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height, the proposed project is consistent with the zoning ordinance. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present STAFFR PT\PP3~ 11 or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. Plot Plan No. 3L~ There is a reasonable probability that Plot Plan No. 3u, will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the proposed building height is consistent with the zoning ordinance; and Change of Zone Nos. 6 and 7 are recommended for approval. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P ( Industrial Park) zone may be consistent with the goals and/or policies of the City~s Future General Plan. The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed project may be consistent with the City~s future General Plan. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use, since the proposed building height of ninety-one (91~) feet does not comply with Section 10.LH b) of the zoning ordinance, as amended. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the proposed project may be consistent with the City's future General Plan. The project is compatible with surrounding land uses. The harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height; and the STAFFRPT\PP3~, 12 subject property is located on a major topographic feature, within the City of Temecula, which is a very prominent hillside and is a visual feature from 1-15, which is a scenic corridor through the City. However, the project is consistent with the zoning ordinance, The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project, due to the fact that the proposed project is compatible with the surrounding land uses. 10. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. 11. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Tentative Parcel Map No. 25059 There is a reasonable probability that Tentative Parcel Map No. 25059 will be consistent with the City~s future General Plan, which will be completed within a reasonable time in accordance with State Law. There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. STAFFRPT\PP3~ 13 The proposed use or action complies with State planning and zoning laws. The site is suitable to accommodate the proposed land use in terms of the circulation patterns, access, and density. The project as designed and conditioned will not adversely affect the public health or welfare. 10. 11. Tentative Parcel Map No. 25059 is compatible with surrounding land uses. The harmony in scale, bulk, height, density, and coverage is likely to create a compatible physical relationship with adjoining properties. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study for this project. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with this application are herein incorporated by reference. The project will not have a significant adverse impact on the environment in that Stephen~s Kangaroo Rat Habitat Conservation fees are required and archaeological resources are not likely to be found at the site. The project will not be detrimental to human health or safety in that drainage and flood control measures must be approved by FEMA prior to map recordation, and the potential for liquefaction, differential subsidence, and surface fissuring at the site are very low. A soils report must be submitted tothe Building and Safety Department addressing soil STAFFRPT\PP3~ 1~, stability and geological conditions. STAFF RECOMMENDATION: Based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval, the Planning Department Staff recommends that the Planning Commission forward the following recommendations to the City Council: ADOPT the Nogative Declaration for Plot Plan No. 3~,, Tentative Parcel Map No. 25059, and Change of Zone Nos. 6 and 7; 2. ADOPT Resolution No. 90- approving Change of Zone No. 7; 3. ADOPT Resolution No. 90- approving Change of Zone No. 6; ADOPT Resolution No. 90- approving Plot Plan No. 3~,; and 5. ADOPT Resolution No. 90- approving Tentative Parcel Map No. 25059. OM:ks Attachments: 2. 3. 5. 6. 7. 8. Resolution (Change of Zone No. 7) Resolution (Change of Zone No. 6) Resolution (Plot Plan No. Conditions of Approval (Plot Plan 3~,) Resolution (Tentative Parcel Map No. 25059) Conditions of Approval (Tentative Parcel Map No. 25059) Environmental Assessment Exhibits A. Site Plan B. Floor Plans C. Exterior Elevations Large Scale Plans STAFFRPT\PP34 15 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Background 1. Name of Proponent: Preferred Equities Address and Phone Number of Proponent: 285~5 Felix Valdez, B-3, Temecula, CA (71~) 69~-0767 Date of Environmental Assessment: November 20, 1990 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Plot Plan No. 3~,; Tentative Parcel Map No. 25059; Chanqe of Zone Nos. 6 8 7 6. Location of Proposal: Ridqe Park Drive, south of Rancho California Road Environmental Impacts ( Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X X X Substantial change in topography or ground surface relief features? The destruction, coverin9 or modi- fication of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or off site? X STAFFRPT\PP3o, I Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Yes Maybe No X X X X X X X X X X X STAFFRPT\PP34 2 Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants ( including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes Maybe No X X X X X X X X X X STAFFRPT\PP3~ 3 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation ) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes Maybe No X X X X X X X X X X X STAFFRPT\PP34 4 Yes Maybe No b. Effects on existing parking facili- ties, or demand for new parking? __ __ X c. Substantial impact upon existing transportation systems? X __ d. Alterations to present patterns of circulation or movement of people and/or goods? X __ e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X __ Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X __ b. Police protection? X __ c. Schools? X d. Parks or other recreational faci l i ties? X e. Maintenance of public facilities, including roads? X __ f. Other governmental services: __ __ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? __ __ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? __ __ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? __ __ X STAFFRPT\PP34 5 17. 18. 19. 20. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X X X X X X X X STAFFRPT\PP3~ 6 Yes Maybe No 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? X Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? {A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) X Does the project have impacts which are individually limited, but cumu- latively considerable? {A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) X Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? __ X STAFFRPT\PP34 7 Discussion of the Environmental Evaluation Earth 1.a. 1.b. 1.f. 1.go No. The project site was previously graded as part of a mass grading effort. There will be grading for this project in order to create the drainage patterns and building pads. A conceptual grading plan for the project was approved by the City Engineer and designed in accordance with Temecula's standards and the Conditions of Approval. Therefore, the project will not create an unstable earth condition or change the geologic substructure. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction and overcovering. However, this impact is not considered significant, due to the fact that the Conditions of Approval include mitigation measures in regards to all grading. Yes. The project site is located within a significant hillside area of Temecula. The site was previously mass graded which involved a substantial amount of cut and fill resulting in a change in topography. Some grading will still have to occur but will involve minor cut and fill slopes. All grading on the site will have to meet the requirements of the City's Engineer and shall be sensitive to the surrounding topography. Therefore, this impact is not considered significant. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydro- seeding disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the conditions of approval. Maybe. The subject site is not located immediately near any channel, lake or ocean that would be impacted by deposition or erosion. Murrieta Creek is the closest body of intermittent water and it is located approximately a half a mile to the east of the project site. However, this impact is not considered significant since the Conditions of Approval include mitigation measures in regards to drainage. Yes. The subject site is located within an area designated for subsidence, liquefaction and county fault hazard zone according to the Riverside County General Plan Geologic Hazard Map. A geologic study should be conducted to address this issue, and should be prepared STAFFR PT\PP3~, 8 Water 3.a,d. 3.b. prior to any construction on the property. The study should recommend the necessary mitigation measures to limit the exposure of people or property to geologic hazard. Therefore, this impact is not considered significant since the Conditions of Approval include mitigation measures in regards to geology. Maybe. The proposed project consisting of approximately 14,872 square feet of restaurant space and approximately 102,243 square feet of office space will generate an increase in vehicle trips to the site. The increased vehicle trips will increase the carbon monoxide emissions and particulates in the area. However, since the ambient air quality in the project vicinity is currently very good due to the local wind patterns, this potential impact is not considered significant. The proposed project will not by itself deteriorate the local area's or regional air quality, but will add to the cumulative impact on air quality due to the substantial growth in the area. This impact is not considered significant. No. The proposed project will not create any objectionable odors or alter the area~s climate. No. The proposed project will not impact any body of water. Yes. The proposed project will increase the amount of impermeable surfaces on the site and the existing drainage pattern will be altered. However, water will be channeled to drainage easements and streets through drainage facilities and control devices which will have to be approved by the City Engineer and designed in accordance with Temecula~s Standards and the Conditions of Approval. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. Yes. Flood waters will continue to be directed to the streets and flood channels. Murrieta Creek may be impacted by the development of this project. However, in order to mitigate the downstream impacts brought about by runoff and the proposed drainage facilities, the Riverside County Flood Control and Water Conservation District ( the District ) has indicated that the project will be required to pay a flood mitigation charge (Area Drainage Plan fee), which has been included as a Condition of Approval. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. Drainage plans for the site will have to meat the requirements of the City~s Engineer. STAFFRPT\PP34 9 3.f. 3.g. 3.h. 3.i. Veqetation u,.a,c. 4.b. ~.d. Wildlife Yes. During construction, the proposed project will increase turbidity in local surface waters. This impact is temporary and is not considered significant. After the project is completed, water will be channeled to drainage easements and streets, which will have to be approved by the City Engineer. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. No. The proposed project will not alter the rate of flow of ground water. No. Although the proposed project will increase the amount of impermeable surfaces on the site, the addition of irrigation for the landscape areas will help to off-set any loss of water absorbed into the ground; however, drainage patterns will flow to the streets and water channels. Therefore, this impact is not considered significant. No. The proposed project will not significantly affect the public water supply. Maybe. Conditions of Approval are included for this project which require proper design and installation of drainage conveyance devices. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. Yes. The proposed project involves a mass grading of the subject site which will eliminate all of the existing native plants; and the proposal includes landscaping and erosion control which will be designed to City standards. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. No. No sensitive vegetational associations or species were identified on-site. No. No agricultural production occurred on-site. 5.a,c. No. 5. b. Maybe. A survey for Stephen~s Kangaroo Rat prepared for this project analyzed biologic resources on-site. In that no individuals of the Stephen~s Kangaroo Rat were found there is no occupied habitat within the bounds of the tract map. Implementation of this project will not result in a taking nor would it result in any adverse effect on the species or STAFFR PT\PP3~ 10 on the species' habitat. In that surrounding lands to the north, south, and west have previously been developed at urban levels of use or are presently being developed at such levels of use, preservation of this site as a reserve is inappropriate. In addition, the site is now isolated from all other known colonies by impassable residential and other barriers and reinvasion of the site is virtually impossible. Implementation of the project as proposed will not have a significant effect and no mitigation other than payment of fees under the Stephen's Kangaroo Rat Fee Ordinance is required. Noise 6.8. Yes On-site noise levels will increase temporarily during construction. Long-term noise impacts will occur due to increased traffic volumes. This impact is not considered to be significant since the surrounding land uses are not noise sensitive. 6.b. No. Severe noise will not be generated by the proposed project. Liqht and Glare Maybe. The proposed project is located within the Mt. Palomar observatory Street Lighting Policy Area which recommends the use of low pressure sodium vapor {LPSV) lights to help avoid interference with the Mt. Palomar telescope known as "skyglow'l. The use of LPSV lights will reduce the light and glare produced by the proposed project. In addition, all lights shall be directed on-site and not off-site. In regards to the potential glare that may be created due to the proposed exterior material, which in this case is glass, it has been determined that although the glazing is non-reflective, there may be more glare created by this project ( specifically the proposed seven story building) than a project which utilizes a lesser amount of glazing. However, this impact is not considered to be significant. Land Use Maybe. The Southwest Area Plan designates the subject site for Restricted Light Industrial and the surrounding land uses are light industrial. The restaurant and office space are not industrial uses but are allowed in an industrial area since they are support and compatible uses. The proposed subdivision of land may result in land locked parcels. Direct access from Ridge Park Drive is only provided to Parcel No. However, an access agreement between parcels be provided as part of the project approval. Therefore, this impact is not considered significant. STAFFRPT\PP34 11 Natural Resources 9.a,b. No. The proposed office building and restaurant space will not increase the consumption rate of any natural or non-renewable natural resource. Risk of Upset 10.a. No. The proposed land uses will not involve the use of hazardous materials. 10.b. Maybe. During construction, the project may require the closure of one lane on Kathleen Road which may inhibit the response of an emergency vehicle. Coordination shall occur during construction with police and fire in regards to street/lane closures. Population 11. Maybe. The proposed office building and restaurants will generate new jobs which will bring some new people to the area and increase the local population. However, since the expansion will also provide jobs for people who already live in the Temecula area, the increase in population may not be significant. If the applicant has a tenant secured for the office building, these plans should be made known to the City to determine if the tenant will be considered a major employer and analyze the potential impacts. Housinq 12. Maybe. The increase in population that might be generated by the new jobs may also cause a demand for additional housing. However, this demand will depend on the number of new employees that will be moving to the Temecula area versus the number of new employee which will already live in Temecula, and upon the vacancy rate at the time of employment. Transportation/Circulation 13.a,c,f. Yes. The proposed project will generate a substantial amount of vehicle traffic to the site. This impact is considered significant due to the current traffic problems which exist in the vicinity of the site, including the 1-15/Rancho California Road interchange. This interchange is currently operating at capacity during peak hours. Widening of the bridge and ramp improvements have been proposed but the timing of the improvements are uncertain and may not correspond with the proposed development. To help mitigate the traffic impacts of the proposed project, the project shall be subject to the measures outlined in Section 8 of the subject traffic study. In addition, the project should contribute to the improvements made to the Rancho California Road/I-15 interchange through the payment of mitigation fees. STAFF R PT\PP3~ 12 An increase in vehicle traffic, increases the potential for traffic hazards. If a tenant with over 100 employees occupies the office building, a Transportation Management Plan shall be implemented to help achieve LOS C/D. The Southwest Area Plan recommends Transportation Management Plans for projects defined as major employers. The Transportation Management Plan shall be approved by the City prior to the issuance of building permits. 13.b. No. Since the site is currently vacant, there are no parking spaces. Parking shall be provided. The project shall be required to meet the parking requirement of the adopted City code. 13.d. Yes. By increasing the areas employment, the proposed project will also affect the amount of vehicles on the area's roads. This will impact the way people and goods are circulated through the City. This impact is considered positive. 13.e. No. The proposed project will not affect waterborne, rail or air traffic. Public Services 14.a-f. No. The proposed seven story office building and restaurants will require public services in the areas of police, fire and maintenance of roads and public facilities. This impact is not considered significant. The incremental impact should be evaluated and the appropriate fees assessed. Property taxes should mitigate the impact and continuing need for services over the long term. Energy 15.a,b. No. The proposed project will not result in the substantial use or increase in demand of fuel or energy. Utilities 16.a-f. No. The proposed project requires the use of utilities but will not require substantial alteration to the existing systems. Human Health 17.a,b. No. The proposed project will not involve the use of any hazardous materials. However, it should be noted that the closed system environment of the office may expose people to health hazards due to fumes and poor ventilation. This potential impact should be addressed in the design of the building. STAFFRPT\PP34 13 Aesthetics 18. Maybe. The project site is located on a major topographic feature within the City of Temecula. The hillside is very prominent and is a visual feature from 1-15 which is a scenic corridor through the City. The view from 1-15 is often the first impression of Temecula for many people. A seven story building on this site may have a significant visual impact on the hillside. To determine the extent of the visual impact, a visual analysis shall be conducted illustrating the view from 1-15 in relationship to the surrounding buildings and hillside. Attention should be given to height, bulk, and color. Recreation 19. No. The subject site is not currently used for recreational uses. Cultural Resources 20.a-d. No. The subject site is located in an area of paleontological sensitivity as designated by the Southwest Area Plan but was disturbed when the existing site was mass graded. It is not anticipated that the proposed project will impact any cultural resource. Mandatory Findinqs of Siqnificance 21 .a. Maybe. The proposed project may have a significant impact on plant or wildlife species. However, the project is located within an area designated by the Riverside County as habitat for the endangered Stephen's Kangaroo Rat, the project will be subject to mitigation fees for the Stephen's Kangaroo Rat Habitat Conservation Plan. In addition, during grading activities, a qualified paleontologist shall be present. 21 .b. Maybe. The proposed project may have the potential to achieve short- term, to the disadvantage of long-term, environmental goals. However, no significant impacts will occur if the mitigation measures are followed. 21 .c. Maybe. The proposed project may have impacts which are individually limited or cumulatively considerable which may have environmental effects. Mitigation measures recommended by an approved traffic study will help to reduce the traffic impacts of the project. If the office tenant is a major employer with over 100 employees, an adopted Transportation Management Plan will also help. The project should contribute in paying mitigation fees to help improve the Rancho California Road/I-15 interchange and to install a signal at Rancho California Road and Kathleen Road. However, no significant impacts will occur if the mitigation measures are followed. STAFFRPT\PP34 21 .d. Maybe. The proposed project will not have impacts which will cause substantial adverse effects on human beings, either directly or indirectly. Visual impacts may have long term effects since the project is located within view of the 1-15 scenic corridor of the City. A visual impact analysis is necessary to illustrate the view from 1-15 and the proposed building~s relationship with the surrounding buildings and environment. To avoid land locking any of the proposed parcels, an access agreement shall be adopted as part of the approval process. STAFFRPT\PP3u, 15 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMEN~EPORT required. November 20, 1990 Date For CITY'~OF TEMECZ STAFFRPT\PP3u, 16 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 7 TO AMEND ORDINANCE NO. 348, SECTION 10.~(b), TO INCREASE THE MAXIMUM HEIGHT PERMITTED, WITHIN THE I-P (INDUSTRIAL PARK) ZONE. WHEREAS, Preferred Equities filed Change of Zone No. 7 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: | 1 ) The city is proceeding in a timely fashion with the preparation of the general plan. 12 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PP3u, 1 There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 7 will be consistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request involves an amendment to Section 10.~,(b) of the Zoning Ordinance, which pertains to building height within the I-P (industrial Park) zone, which may be consistent with the goals and/or policies of the City~s future General Plan. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed amendment (Change of Zone) is ultimately inconsistent with the plan, due to the fact that such an amendment, if deemed inconsistent with the plan, may cause all properties within the I-P (industrial Park) zone to be inconsistent with the plan. Therefore, it is likely that the City will consider this amendment during their preparation of the General Plan. D. The Change of Zone is compatible with the health, safety and welfare of the community. STAFFRPT\PP3~ 2 SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Recommendation. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 7 to amend Ordinance No. 30,8, Section 10.0,(b), to increase the maximum height permitted within the I-P { Industrial Park) zone, abo~e 75 feet to 105 feet. PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PP34 3 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Change of Zone No. 7. DATED: By Name Title FORMS\RES-TM.PC ~ RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 6 TO CHANGE THE MAXIMUM HEIGHT LIMITATION CONTAINED IN THE DEVELOPMENT STANDARDS FOR THE I-P ( INDUSTRIAL PARK) ZONE ON THIS SITE FROM 50 TO 91 FEET LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 9Ll0-310-033, 03~., AND 037. WHEREAS, Preferred Equities filed Change of Zone No. 6 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That theTemecula Planning Cemmission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: ll ) The city is proceeding in a timely fashion with the preparation of the general plan. J 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: ia) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PP3~ 1 {b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (C) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 6 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the limitations of the zoning ordinance in which structures of up to 105 feet are permitted and since Change of Zone No. 7, which is a request to amend Section 10.1Hb) of the zoning ordinance, is recommended for approval. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 6 is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City"s future General Plan. c) The project is compatible with surrounding land uses. Although the harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height, the proposed project is consistent with the zoning ordinance. FORMS\RES-TM.PC 2 d) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 6 to change the maximum height limitation contained in the development standards for the I-P ( Industrial Park) zone on this site from 50 to 91 feet located on Ridge Park Drive and known as Assessor~s Parcel No. 9~0-310- 033, 03~, and 037 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PP3~ 3 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Change of Zone No. 6. DATED: By Name Title FORMS\RES-TM. PC 4 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLOT PLAN NO. 34 TO CONSTRUCT A 276,312.5 SQUARE FOOT OFFICE/RESTAURANT DEVELOPMENT ON A PARCEL CONTAININC 5.51 ACRES LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR~S PARCEL NOS. 9~,0-310-033, 03~,, AND 037. WHEREAS, Preferred Equities filed Plot Plan No. 3u, in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on December 17, 1990, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. ( 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PP34 I {b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (C) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Plot Plan No. 3~, proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. STAFFRPT\PP3~ 2 b) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. ( 2 ) The Planning Commission, in recommending approval of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 3~ will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the proposed building height is consistent with the zoning ordinance; and Change of Zone Nos. 6 and 7 are recommended for approval. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City's Future General Plan. c) The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed project may be consistent with the City~s future General Plan. d) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use, since the proposed building height of ninety-one (91~) feet does not comply with Section 10.~,(b) of the zoning ordinance, as amended. e) The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the proposed project may be consistent with the City~s future General Plan. STAFFRPT\PP3~, 3 f) The project is compatible with surrounding land uses. The harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height; and the subject property is located on a major topographic feature, within the City of Temecula, which is a very prominent hillside and is a visual feature from 1-15, which is a scenic corridor through the City. However, the project is consistent with the zoning ordinance. g) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. h) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. i) The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project, due to the fact that the proposed project is compatible with the surrounding land uses. j) The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. k) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and ~s compatible with the present and future development of the surrounding property. STAFFRPT\PP3~ ~ SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Plot Plan No. 3~, to construct a 276,312.5 square foot office/restaurant development containing one 11 ) seven-story office building ( 102,2~,3 square feet and 91 feet high); one (1) 7,872 square foot restaurant; one (1) four-story parking structure { 13D,,933 square feet and ~,18 parking spaces); and a future building pad only for a proposed 7,000 square foot restaurant on a 5.51 acre site located on Ridge Park Drive and known as Assessor's Parcel Nos. 9q4)-310-033,03~, and 037 subject to the following conditions: A. Exhibit A, attached hereto. SECTION Resolution. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS STAFFRPT\PP34 5 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth hereln above in this Resolution of approval for Plot Plan No. DATED: By Name Title STAFFRPT\PP34 6 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 3~, Project Description: 276,312.5 Square Foot Office/Restaurant Development Assessor~s Parcel Nos.: 9~0-310-033, 03~,, and 037 Planning Department The use hereby permitted by this plot plan is for the development of a 276,312.5 square foot office/restaurant development containing one ~ 1 ) seven (7) story office bui Iding { 102,000 square feet and 91 feet high ); one 11 ) 7,872 square foot restaurant; one ll) four {~i) story parking structure 1134,933 square feet); and a future building pad only for a proposed 7,000 square foot restaurant on a 5.51 acre site. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 3LL The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two {2) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two {2 ) year period which is thereafter diligently pursued to completion, or the baginning of substantial utilization contemplated by this approval. This approval shall expire on December 17, 1992. The development of the premises shall conform substantially with that as shown on Plot Plan No. 3~, marked Exhibit A, or as amended by these conditions. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-d-way. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. STAFFRPT\PP3~ 1 10. 11. Prior to the issuance of grading or building permits, three {3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 3~8, Section 18.12, and shall be accompanied by the appropriate filing fee. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten {10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty 130) inches. A minimum of 571 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 30,8. 571 parking spaces shall be provided as shown on the Approved Exhibit B. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 0, inches of Class II base. A minimum of 8 handicapped parking spaces shall be provided as shown on Exhibit B. Each parking space reserved for the handicapped shall be identified by a permanently affixed raflectorized 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 if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner~s expense. Towed vehicles may be reclaimed at __ or by telephone " 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. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health School District Riverside County Flood Control Fire Department. STAFFRPT\PP30, 2 12. Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: 13. 1~. 15. 16. 17. 18. 19. 20. 21. 22. Landscaping, Irrigation, and Shading Plans. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit C. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit C (Color Elevations) and Exhibit D (Materials Board). Roof-mounted equipment for the two {2) proposed restaurants shall be shielded from ground view. Screening material shall be subject to Planning Department approval. No roof-mounted equipment shall be permitted for the proposed seven story office building and four story parking structure within the project site. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. This project is located within a subsidence or liquefaction zone. Prior to issuance of any building permit by the Department of Building and Safety, a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for liquefaction or subsidence. Where hazard of liquefaction or subsidence is determined to exist, appropriate mitigation measures must be demonstrated. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which is based on (the gross acreage of the parcels proposed for development) {the number of single family residential units on lots which are a minimum of one- half (1/2 ) gross acre in size). Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. STAFFRPT\PP34 3 23. 23 Class I bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Building and Safety. 25. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 27. Prior to the sale or lease of any structure as shown on Exhibit D, a land division shall be recorded in accordance with Riverside County Ordinance No. 0,60 and any other pertinent ordinance. 28. Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. 29. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 30. 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 at least 120 days prior to submittal for building permit, enter into an agreement to complete the improvements pursuant to Government Code Section 660,62 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Riverside County Fire Department 31. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 50,6. STAFFRPT\PP30, 0, 32. 33. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Provide or show there exists a water system capable of delivering 2000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. A combination of on-site and off-site super fire hydrants ( 6"x4"x2 1 /2x2 1/2 ), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant{s) in the system. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 CPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building{ s) . A statement that the building{s) will be automatically fire sprinklered must be included on the title page of the building plans. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. Low-level exit signs, where exit signs are required by Section 3314(a). Certain designated areas will be required to be maintained as fire lanes. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $558.00 to the Riverside County Fire Department for plan check fees. Prior to the issuance of building permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 25 cents per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. Building "C" must meet highrise life safety requirements per Riverside County Ordinance 546, Section 801, parking garage install Class II I standpipe system. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. STAFFRPT\PP34 5 Enqineering Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF GRADING PERMITS: ~,5. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. 46. The developer shall submit four {u,) copies of a soils report to the Engineering Department. The report shall address the soils stability and geelogical conditions of the site. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. Prior to any work being performed in public right-d-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineeris Office. 50. The developer shall provide clearance from all applicable agencies and pay all fees prior to the approval of plans. 51. All work done within the City right-of-way shall have an encroachment permit. 52. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. STAFFRPT\PP3~, 6 53. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. PRIOR TO ISSUANCE OF BUILDING PERMIT: 55. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 56. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 57. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~61 and as approved by the City Engineer. 58. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: 59. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 60. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. STAFFRPT\PP3~ 7 61. The developer shall contribute his pro rata percentage for the design and construction costs of the signal at Rancho California Road and Ridge Park Drive. 62. The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rate share, for the signal at Rancho California Road and Ridge Park Drive. 63. Credit shall be given toward the developer~s signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. 65° Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 66. All signing and striping shall be installed per the approved signing and striping plan. 67. The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions, and the approved traffic signal plan. 68. All traffic signal interconnects shall be installed per the approved plan. STAFFRPT\PP3~ 8 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 25059 TO SUBDIVIDE A 5.51 ACRE PARCEL INTO FOUR 14) PARCELS LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 9~,0-310-033, 034, AND 037. WHEREAS, Preferred Equities filed Tentative Parcel Map No. 25059 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin,qs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty {30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be eddopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1 ) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PP3~, 1 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the 5outhwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: {1 ) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 25059 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. STAFFRPT\PP34 2 D. (1) Pursuant to Section 7.1 of County Ordinance No. u,60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. ( 2 ) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) There is a reasonable probability that Tentative Parcel Map No. 25059 will be consistent with the City's future General STAFFRPT\PP3~ 3 b) c) d) e) f) g) h) i) j) k) Plan, which will be completed within a reasonable time in accordance with State Law. There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complies with State planning and zoning laws. The site is suitable to accommodate the proposed land use in terms of the circulation patterns, access, and density. The project as designed and conditioned will not adversely affect the public health or welfare. Tentative Parcel Map No. 25059 is compatible with surrounding land uses. The harmony in scale, bulk, height, density, and coverage is likely to create a compatible physical relationship with adjoining properties. The proposal will not have an adverse affect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study for this project. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with this application are herein incorporated by reference. The project will not have a significant adverse impact on the environment in that Stephen~s Kangaroo Rat Habitat Conservation fees are required and archaeological resources are not likely to be found at the site. The project will not be detrimental to human health or safety in that drainage and flood STAFFRPT\PP3~ ~ control measures must be approved by FEMA prior to map recordation, and the potential for liquefaction, differential subsidence, and surface fissuring at the site are very low. A soils report must be submitted to the Building and Safety Department addressing soil stability and geological conditions. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Tentative Parcel Map No. 25059 for the subdivision of a 5.51 acre parcel into four (u,) parcels located on Ridge Park Drive and known as Assessor's Parcel Nos. 9u,0-310-033, 03~, and 037, subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PP34 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 25059 Project Description: Four (4) Lot Industrial Subdivision Assessor's Parcel No.: 9~,0-310-033, 034 and 037 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, 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. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by OrdinanceS60. The expiration date is December 17, 1992. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance ~,60. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance u,60 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, 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 and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. STAFFRPT\PP3~ 1 10. 11. 12o An Association shall be established for maintenance of Lot u,. Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Property Owners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 13. Lots created by this subdivision shall comply with the following: 15. Lots created by this subdivision shall be in conformance with the development standards of the I-P {Industrial Park) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slope, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet {ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. STAFFRPT\PP3u, 2 16. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six ~6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. STAFFRPT\PP3~, 3 17. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten {10) feet in vertical height shall be contour- graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approvad by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arrangad. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. STAFFRPT\PP34 4 18. 19. 20° 21. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to ~5 Ldn. b. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. c. Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purpose, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 25059, which action is brought within the time period provided STAFFRPT\PP3~, 5 for in California Government Code Section 660,99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The 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 at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Covernment Code Section 660,62 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the 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. 23. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 25. The Covenants, Conditions and Restrictions (CCF, R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CCF, R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 26. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner~s group, or' similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCF, R~s which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CCF, R~s shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence STAFFRPT\PP30, 6 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. 27. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either {1 ) an undivided interest in the common areas and facilities, or {2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 28° Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC~,R~s. Enqlneerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. 29. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 30. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. u,60. PRIOR TO RECORDATION OF THE FINAL MAP: 31. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. CalTrans STAFFRPT\PP3~ 7 32. 33. A declaration of Covenants, Conditions and Restrictions (CC&R~s) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC~,R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CCF, R's shall be reviewed and approved by the City and recorded. The CC~,R's shall be subject to the following conditions: a. The CCF, R~s shall be prepared at the developer's sole cost and expense. The CCSR's shall be in the form and content approved by the Director of Plannin9, 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 interest of the City and its residents. The CC~,R~s and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CCSR's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The CCF, R~s shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CCF, R's shall provide that if the property is not maintained in the condition required by the CCSRIs, 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 therean 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. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~,61 and as approved by the City Engineer. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. STAFFR PT\PP3~, 8 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 35. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION: 36. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 37. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 38. Credit shall be given toward the developers signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. 39. The developer shall contribute his pro rata percentage for the construction costs of the signal at Rancho California Road and Ridge Park Drive. The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rata share, for the signal at Rancho California Road and Ridge Park Drive. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. STAFFRPT\PP3~ 9 The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions and the approved traffic signal plan. All traffic signal interconnects shall be installed per the approved plan. STAFFRPT\PP3z~ 10 'DNI 'VJ_lRbgW. ~:aWOOD SID]/IHD~IV .................. DNI "VllrlbS't!A./Sg~OOD ........................SID]UHDMV .................. SI~)311H~)~tV (:) ...............'V/IFIbSilW ............... DNI ~ SI]WOOD ..................... ~LD]IIFID~tV :'i 'DNI 'VIINDS3~. S~tlNOOD ~-' '.~,".- SI_DtlJHD~tV 'DNI 'VJ.IFlbS]IA/' S'~]~OOD' SJ_D]IIHD'dV, '1 I,U '~ ...........':)NI~VIIRbS"JW' S~]I/NOOD '-""Z~"'~ .... :~""~" .................SL:)]IIFI::)~IV /, r. EEOI I ':3NI 'V/IFIbS]W: S~]WOOD SID].I_IH::)~IV LU Z LU '~NI 'V_LI~DS:I~'xt' S~x.'OOZ) SL,')3.LIH~)~IV · .I