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HomeMy WebLinkAbout041591 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING April 15, 1991 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Temecula, CA 92390 CALL TO ORDER: ROLL CALL: Chairman Chiniaeff Blair, Fahey, Ford, Chiniaeff Hoagland, 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 Planning Secretary before Commission gets to that item. There is a three ~3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda 2. Minutes 2.1 Minutes of April 1, 1991 Planning Commission Meeting. NON PUBLIC HEARING ITEMS PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Recommendation: Case Planner: First Extension of Time for Public Use Permit 660 Kinder Care East Side of Lyndie Lane North of Rancho California Road Extension of time for approved Day Care Center Approval Scott Wright Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Vesting Tentative Tract No. 231o,2. First Extension of Time Costa Group Bonny Road, North of Zinfandel Avenue First Extension of Time for a 20 lot single family subdivision Approval Scott Wright Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Tentative Parcel Map No. 26723 (TPM 26723) Devadutt Shaw South Side of Santiago Rd., Approx. 3/4 mile West of Margarita Rd. Residential Subdivision of Approx. 10.7 gross into ~ parcels. Approval Charly Ray Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Conditional Use Permit No. 1090 Revised No. 1 Vedder Park South General Kearny east of La Serena Way Addition of seven 17) mobile home spaces to an existing mobile home park. Approval Steve Jiannlno Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Plot Plan 155, Amd. #1 Tomand Properties Terminus of Bedford Court Construction of an 11,500 square foot retail building and a u,500 square foot freestanding restaurant pad. Approval Steve Jiannino Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Plot Plan No. 18, Revision No. 1 Palmilia Associates Northwest Corner of Rancho California Road and Lyndie Lane Revise the building area of a previously approved Plot Plan, on a 5.1 acre site, from u,6,613 to u,7,~,12 square feet. Approval Oilvet Mujica 10. 11. Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Plot Plan No. 228 El Torito Restaurants, Inc, Northwest Corner of Rancho California Road and Lyndie Lane Construct a 7,203 5quare Foot Restaurant within a shopping center on a 5.1 acre site Approval Oilvet Mujica First Extension of Time Vesting Tentative Map 23102 Marlborough Development Corporation West of Butterfield 5rage Rd., North of La Serena Way First Extension of Time for 37 lot Res. Subdivision. Approval Richard Ayala First Extension of Time Vesting Tentative Map 2:3103 Marlborough Development Corporation West of Butterfield Stage Rd., between La Serena Way and Rancho California Road First Extension of Time 18 lot Res. Subdivision Recommend Approval Richard Ayala 12o Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Case No: Applicant: Location: Proposal: Recommendation: Case Planner: Change of Zone No. 12 Advanced Cardlovascular Systems, Inc. West of Margarita Rd., No. of Solana Way Change of Zone from A-2-20 to IP F, R-5 on L~2.00 acres. Recommend Approval Mark Rhoades Ambient Air Balloon Ordinance City of Temecula City Wide Ordinance establishing regulations for the use of ambient air balloons and other similar inflatables. Recommend Approval Oliver Mujica Case No: Applicant: Location: Proposal: Recommendation: Case Planner: WESTERN RIDGELINE POLICIES City of Temecula City Wide Develop interim Hillside and Open 5pace Policies to be used as the City of Temeculats Western Ridgeline Policies until the General Plan is adopted. Continue to May 20, 1991 Oilvet Mujica 15o Case No: Applicant: Location: Proposal: Recommendation: Case Planner: First Extension of Time-Vesting Tentative Map 23125 Sterling Builders Northeast corner of Deportola and Butterfield First Extenstion of Time, 215 lot Residential Subdivision Continue off Calendar Richard Ayala Planning Director Report Planninq Commission Discussion Other Business ADJOURNMENT Next meeting: May 06, 1991, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California SJ/Ib pc/agnq/15 ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION APRIL It 1991 A regular meeting of the City of Temecula Planning Commission was called to order Monday, April 1, 1991, 6:00 P.M. at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Chairman Dennis Chiniaeff. PRESENT: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff ABSENT: 0 COMMISSIONERS: None Also present were Assistant City Attorney John Cavanaugh, Acting Planning Director Gary Thornhill, Deputy City Engineer Doug Stewart, and Minute Clerk Gail Zigler. PUBLIC COMMENT PIA OLIVER, 27919 Front Street, Temecula, representing the owners of the building referenced in Item No. 7, which was withdrawn from processing by the applicant. She thanked the Commission and staff for all of the support and efforts and apologized for the last minute withdrawal of the item from the agenda. CHRI8 MARTINELLI, 30255 Corte Cantania, Temecula, representing Neighborhood Coalition 25603, extended an invitation to the Commissioners and Planning staff to a meeting on April 6, to informally discuss Tentative Tract Map 25603 with the citizens and the developers. CHAIRMAN CHINIAEFF requested a comment from the Assistant City Attorney. JOHN CAVANAUGH advised Chairman Chiniaeff and the Commissioners that no more than two (2) of them could attend. DENNIS SENNETT, 32381 Corte Las Crucas, Temecula, clarified that Item No. 7, C.U.P. 6, had been withdrawn from consideration. COMMISSION BUSINESS GARY THORNHILL advised the Commission of the following changes in the Agenda: Item 6 continued to the regular Planning Commission meeting of April 15, 1991. PLANNING COMMISSION MINUTES APRIL 1, 1991 Item 7 withdrawn from processing by the applicant. Item 11 to be taken out of order and heard as first item under "Public Hearing Items". COMMISSIONER HOAGLAND moved to approve the agenda as modified, seconded by COMMISSIONER FAHEY. AYES: 5 COMMISSIONERS: NOES: 0 Blair, Fahey, Ford, Hoagland, Chiniaeff COMMISSIONERS: None 1. MINUTE8 1.1 Approve the minutes of March 18, 1991 Planning Commission Special Meeting. COMMISSIONER HOAGLAND amended page 7, vote on the motion amended to read "NOES: i COMMISSIONERS: Hoagland". COMMISSIONER FORDamended page 5, fifth paragraph, to read "Gary Koontz concurred with Commissioner Ford's suggestion." COMMISSIONER HOAGLAND moved to approve the minutes of March 18, 1991 as amended, seconded by COMMISSIONER FORD. AYES: 4 COMMISSIONERS: Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Blair NON PUBLIC HEARING ITEMS None PUBLIC HEARING ITEMS 11. VEHICLE AND TRAFFIC ORDINANCE 11.1 Proposal for the Commission to recommend adoption of the revised Vehicle and Traffic Ordinance. PCMIN4/01/91 -2- April 4, 1991 PLANNING COMMISSION MINUTES APRIL 1, 1991 JIM DOMENOE, City of Temecula Police Sergeant, provided the staff report. COMMISSIONER HOAGLANDmoved that the Planning Commission recommend to the City Council that the revised ordinance be adopted, seconded by COMMISSIONER FAHEY. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 2. CHANGE OF ZONE NO. 5 el Proposal for change of zone for 221.1 acres from R-R to R-3, R-4, and R-5. Located on Highway 79 between Pala Road and Margarita Road. RICHARD AYALA provided the staff report on Items 2, 3, and 4 at this time. DOUG STEWART modified Condition No. 37, page 22, of Item No. 3, VTTM 23267, to read "or bonds for the street improvements may be posted." CHAIRMAN CHINIAEFF opened the public hearing at 6:25 P.M. RAY CASEY, 12120 Via Milano, San Diego, representing Presley of San Diego, concurred with the recommendations by staff and welcomed questions by the Commission. ALEXANDER URQUBART, 5650 E1 Camino Real, Suite 200, Carlsbad, offered to answer any questions by the Commission. COMMISSIONER FAREY moved to close the public hearing at 6:30 P.M. and recommend Adoption of the addendum to EIR No. 281 for Change of Zone No. 5; and Adopt Resolution No. 91-(~eXt) recommending approval of Change of Zone No. 5, seconded by COMMISSIONER HOAGLAND. AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Chiniaeff NOES: 1 COMMISSIONERS: Ford PCMIN4/01/91 -3- April 4, 1991 PLANNING COMMIBSION MINUTES APRIL 1, 1991 REVISED VESTING TENTATIVE TRACT RAP NO. 23267 Proposal to revise Vesting Tentative Tract Map No. 23267 for the development of 601 residential lots. Located on Highway 79 between Pala Road and Margarita Road. CRAIRMANCHINIAEFF opened the public hearing at 6:30 P.M. RAY CA~EY, 12120 Milano, San Diego, representing Presley of San Diego, discussed various issues relating to the parks within the project. Mr. Casey stated that if the Commission choose to not accept park "B", then the HOA would like that designated a private park. He added that there had been recent discussion with the CSD regarding the Quimby Fees; however, he requested to postpone final commitment of those fees to prior to recordation of the map. COMMI88IONER FORD asked various questions of Mr. Casey regarding the parks, etc.; however, he had a specific question if the applicant would be willing to accept the design and approval of the Pala Road bridge by the 240th unit. RAY CASEY stated that he would agree to a condition requiring the design and approval of the Pala Road bridge. CHAIRMAN CHINIAEFF sugqested the following wording for Item No. 2, "prior to the occupancy of the 240th unit, the plans for the Pala Road Bridge will be updated, checked and in place". GARY KING, City of Temecula CSD, answered some of the Commission's concerns regarding the City's position on the park areas in this project. CHAIRMAN CHINIAEFF questioned if going back to a HOA project would pose any problems for the Fire Department. MIKE GRAY, Riverside County Fire Department, advised the Commission that they would not have any problem in dealing with a HOA. He added that he would like to see the Commission condition any dissolving of the HOA has be go through the City of Temecula Planning Director. COMMISSIONER HOAGLANDmOVed to close the public hearing at 7:25 P.M. and recommend Adoption of the addendum to EIR No. 281 for Revised Vesting Tentative Tract Map No. 23267; and Adopt Resolution No. 91-(next) recommending approval of Revised Vesting Tentative Tract Map No. 23267, with PCMIN4/01/91 -4- April 4, 1991 PLANNING COMMISSION MINUTES APRIL 1, 1991 modifications to Condition 20E and recommend that the City not accept any of the parks within this project because they are sub-standard, and that Condition 61(B-2) stating that the plans for the Pala Road and bridge realignment will be designed, reviewed and approved by the City of Temecula and other appropriate agencies. Plans shall be prepared in a format that is approved by the City Engineer, seconded by COMMISSIONER FAHEY. COMMISSIONER FORD requested regional park "A" be available for future consideration to be incorporated in a City park system. COMMISSIONER HoAGLANDamended his motion to recommend that the City may want to consider accepting park "A" as an easement if it demonstrates standards to be included in a City park system, COMMISSIONER FAHEY concurred. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 4. VESTING TENTATIVE TRACT MAP NO. 26861 Proposal to plan for the development of 147 detached condominium project. Located on Highway 79 between Pala Road and Margarita Road. CMAIRMANCHINIAEFF opened the public hearing at 7:30 P.M. RAY CASEY, 12120 Milano, San Diego, representing Presley of San Diego, gave a brief description of the revisions that were worked out with staff on this item. At the last hearing for this item, the City Attorney was requested to make an opinion on the apparent conflict of the Temecula zoning ordinance, section 18.5 and 18.11. Assistant City Attorney JOHN CAVHNAUGH advised the applicant and the Commission that the intent of the ordinance was to require that these condominium units have to have 1,000 square feet of ground area. Mr. Cavanaugh advised the Commission that, because it is the City Attorney office's legal opinion that the 1,000 minimum square foot requirement applies, the applicant could possibly apply for a variance to the square footage requirement. PCMIN4/01/91 -5- April 4, 1991 PLANNIN~ COMMISSION MINUTES APRIL 1, 1991 QARY THORNHILL advised the Commission that, because the applicant is pres~ating a "detached" unit as opposed to an "attached" unit, there may be some justification for a variance; however, staff would have to come back to the Commission with a report and prepared findings. COMMI88IONER BOAGLAND moved to close the public hearing at 7:50 P.M. and continue Vesting Tentative Tract Map No. 26861 off-calendar, seconded by CHAIRMAN CHINIAEFF. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None TENTATIVE PARCEL HAP NO. 25981 Proposal to subdivide 3.01 acres into three residential lots. Located south of Pauba Road and east of Showalter Road. RICHARD AYALAprovided the staff report. COMMISSIONER FORD requested that Condition No. 43(B) be modified to read "and to Pauba Road". CHAIRMAN CHINIAEFF opened the public hearing at 7:55 P.M. WILLIAM KOUVELIS, 30675 Pauba Road, Temecula, presented the Commission with pictures of Pauba Road at his property and advised the Commission that he did not concur with the Conditions by staff for improvement of Pauba Road. Mr. Kouvelis argued that the improvements to Pauba Road that were being requested of him were not practical. MIKE BENESH, Benesh Engineering, 28991 Front Street, Temecula, concurred with Mr. Kouvelis's comments and requested clarification of Condition No. 21. COMMISSIONER FORD questioned if staff could condition the project to grade Pauba at the right-of-way at this time. DOUQ STEWART stated that staff could condition the applicant to grade at this time, and take a bond for complete improvements. CHAIRMAN CHINIAEFF declared a five minute recess at 8:10 P.M. to allow staff to prepare a condition for the applicant's approval. PCMIN4/01/91 -6- April 4, 1991 PLANNIN~ COMMISSION ~INUTE8 APRIL 1, 1991 DOUG STEWART advised that staff requests to modify Condition No. 27 read "prior to issuance of Building Permits"; and Condition No. 45(a) amended to read "A cash bond may be posted to the City of Temecula in lieu of construction and improvements of Pauba Road. The amount of the cash bond should be approved by the City Engineer. MIKE BENESH concurred with the amendments to the Conditions of Approval. Mr. Benesh also stated that the Conditions of Approval referenced sidewalks and that Mr. Kouvelis preferred not to provide sidewalks. DOUG STEWART advised Mr. Benesh that the requirement for sidewalks was county code. COMMISSIONER FAREY moved to close the public hearing at 8:20 P.M. and Adopt a Negative Declaration for Tentative Parcel Mao No. 25981 and AdoPt Resolution No. 91-[next) approving Tentative Parcel Map No. 25981, including the modifications to Condition No. 27 and Condition No. 45(a) as requestedby staff, seconded by COMMISSIONER HOAGLAND. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None TENTATIVE PARCEL MAP NO. 26723 Proposal for residential subdivision of approximately 10.7 gross acres into a first extension of time for the development of 284 condominium units. Located on the south side of Santiago Road, approximately 3/4 mile west of Margarita Road. This item was continued to the Planning Commission meeting of April 15, 1991. 7. CONDITIONAL USE PERMIT NO. 6 Proposal to request to convert 101,984 square feet of an existing industrial/warehouse structure for use as a commercial meeting/seminar venue including provision of food services. This item was withdrawn from processing by the applicant. PCMIN4/01/91 -7- April 4, 1991 PT~ANNING COIO!ISSION NIllUTES ~PRIL 1, 1991 8. VESTING TENTATIVE TI~CT NO, 23142, FIRST EXTENSION OF TIHE 8.1 Proposal for first extension of time for a 20 lot single family subdivision. Located at Bonny Road, North of Zinfandel Avenue. STEVE JIANNINO provided the staff report. Mr. Jiannino stated that staff had received various letters from area residents pertaining to previous grading and drainage problems. CHAIRMAN CNINIAEFF opened the public hearing at 8:30 P.M. TERRY BECKER, 1784 La Costa Meadows Drive, San Marcos, representing Costa Group, advised the Commission that the applicant had seen the damage caused by the drainage problems and would be repairing those damages. The following individuals spoke in opposition to the request for a First Extension of Time and advised the Commission of the problems they were having getting the Costa Group to repair the damages to their properties caused by the grading and drainage problems: RALPH BROWNELL, 41487 Zinfandel Avenue, Temecula. THOMAS BENTLEY, 41473 Zinfandel Avenue, Temecula. KEVIN DAVIS, 32058 Merlot Court, Temecula. MAUREEN HUBERT, 41412 Chenin Blanc Street, Temecula. TERRY BECKER stated again that the developer intended to rectify all damages incurred by the residents. DOUG STEWART advised that there were county standards for erosion control and added that he would have a City inspector go out immediately and investigate the site. CHAIRMAN CHINIAEFF requested an explanation of the Commission's alternatives from the City Attorney. JOHN CAVARAUGH advised the Commission that they could deny the extension based on the issue of public health, safety and welfare or condition the extension to require the applicant to clean-up the damages with a bond requirement and a time frame for completion of clean-up; however, added conditions to the approval of the request would have to be accepted by an authorized representative PCMIN4/01/91 -8- April 4, 1991 PLM~IN~ COMMIBBION MINUTE8 ~PRI~ 1, 1991 of Costa Group. Mr. Cavanaugh added that the Commission could deny the item as presented or continue the item to allow Mr. Becker time to provide authorization to act on behalf of the Costa Group. DOUG STEWART advised that Commission that the County had not conditioned the developer to post bonds for erosion control. He added that if the requirement for bonds were placed on the project at this time, the City could then go in and rectify the problems. COMMISSIONER FAREY moved to close the public hearing at 9:05 P.M. and continue Vesting Tentative Tract No. 23142, First Extension of Time to April 15, 1991, seconded by CHAIRMAN CHINIAEFF. CHAIRMAN CHINIAEFF added that he would like the motion to direct staff to immediately enforce any action they have against the developer. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 9. PLOT PLAN 11339 Proposal to construct a 9,216 square foot automotive service center. Located on the northwesterly side of Rio Nedo Street, approximately 720 feet southwest of Diaz Road. OLIVER MUJICA provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 9:10 P.M. ANTHONYPOLO, Markham & Associates, 41750 Winchester Road, Temecula, concurred with the staff report and answered questions by the Commission. The Commission as a whole expressed their non-support of the project, as presented, due to the inadequate site and building architectural design. COMMISSIONER FORD moved to continue Plot Plan 11339 to the regular meeting of the City of Temecula Planning Commission on 5/6/91 and direct staff to address the Commission's concerns regarding building design and site lay-out issues, seconded by COMMISSIONER BLAIR. PCMZN4/01/91 -9- April 4, 1991 PLANNING COMMISSION MINUTES AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: APRIL 1o Blair, Fahey, Ford, Hoagland, Chiniaeff None 1991 10. CHANGE OF 2ONE NO. 9, SUBSTANTIAL CONFORMANCE NO. 11 10.1 Proposal for a request for substantial conformance and change of zone to allow duplex and fourplex units in Planning Area 37 of Specific Plan 199. Located north of Rancho California Road, east of Margarita Road. STEVE JIANNINO provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 9:25 P.M. No one was present to speak either for or against or to represent the applicant. CHAIRMAN CHINIAEFF advised that since there was no one present representing the applicant, to answer questions by the Commission about the project, he would prefer to not go further with the item, but to continue the item and have staff advise the applicant to ensure a representative is available to answer questions. COMMISSIONER BLAIR moved to continue Change of Zone No. 9, Substantial Conformance No. 11 to May 6, 1991, seconded by COMMISSIONER HOAGLAND. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None PLANNING DIRECTOR'S REPORT GARY THORNHILL updated the Commission on the following issues: Combined study session between the Planning Commission and City Council scheduled for 4/29/91. He requested suggestions from the Commission for Agenda items. General Plan Committee has narrowed the field down to two firms. Will be meeting again on 4/18/91 to try and make a final decision. PCMIN4/01/91 -10- April 4, 1991 PLANNIN~ COMMISSION MINUTES COMMISSION REPORT APRIL 1, 1991 , , CHAIRMAN CHINIAEFF requested that the Commission only receive updated materials on continued items. COMMISSIONER HOAGLAND requested "Approval of Agenda" be a permanent Agenda feature. COMMISSIONER HOAGLAND requested double sided copying on the Agenda packages. ADJOURNMENT CHAIRMAN CHINIAEFF adjourned the meeting at 9:45 P.M. The next regular meeting of the City of Temecula Planning Commission will be held Monday, April 15, 1991, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula. Chairman, Dennis Chiniaeff Secretary PCMIN4/01/91 -11- April 4, 1991 ITEM ~3 r',TAPF REPORT - PLANNING CiTY OF TEMECULA PLANNING COMMISSION April 15. 1991 Case No.: Public Use Permit No. 660 First Extension of Time Prepared By: Scott Wright Recommendation: Staff recommends that the Planning Commission: 1. ADOPT Resolution No. 91- approving an Extension of Time for Public Use Permit No. 660 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Kinder-Care Learning Centers, Inc. Kinder-Care Learning Centers, Inc. To construct a one story building with 6,260 square feet of gross floor area for use as a child care center for up to 138 children with up to 15 employees. The easterly side of Lyndie Lane approximately 200 feet north of Rancho California Road. C-P ( General Commercial ) North: R-3-4,000 South: C-P East: A-2-20 West: C-P General Residential ) General Commercial ) Heavy Agriculture) General Commercial ) Not requested. Vacant North: South: East: West: Multiple Family Residential Commercial Church Vacant, Approved Plot Commercial Uses Plan for A:PUP660 1 PROJECT STATISTICS: Site Area: Building Area: Max. No. of Children: Max. No. of Employees: Parking Spaces: Landscaping: 34,600 s q. ft. 6,260 sq.ft. 138 15 21 7,090 sq.ft. BACKGROUND: Public Use Permit No. 660 was Approved at the County Planning Director's Hearing of January 25, 1989 and Received and Filed by the Board of Supervisors on March 14, 1989. At the time of approval, the applicant also requested a Special Review of parking, and the number of required spaces was reduced from u,2 to 21. This reduction was based on 138 children and 15 employees. On February 19, 1991, the applicant submitted a request for an Extension of Time. PROJECT DESCRIPTION: The project is to construct a one story building with 6,260 square feet of gross floor area for use as a child care center with up to 15 employees and up to 138 children. Twenty-one (21) parking spaces are provided. There will be substantial landscaping at the front and rear of the site and on the easterly side. ANALYSIS: Parkin9 Ordinance 3u,8 requires one space per employee and one space for every five children for child care centers. The proposed child care center will have up to 15 employees and up to 138 children. The parking requirement per Ordinance 348 would normally be u,2 spaces. The site plan shows 21 spaces. The applicant has indicated that customer parking occurs during two-hour peak periods in the morning and in the late afternoon and that typical time period that a customer occupies a space is from 3 to 5 minutes. The applicant has submitted data showing that arrivals and departures of customers are distributed relatively evenly over the two hour peak periods. Assuming that each of the six spaces not occupied by employees could accommodate 12 customers per hour, 6 spaces could accommodate 144 customers over a two hour peak period and should be adequate to serve customers bringing up to 138 children to the facility. A:PUP660 2 Compatibility With Adjacent Land Uses The building in the commercial center adjacent to the site faces away from the subject property. The back wall of the building, a wall with no windows, faces the subject property. The proposed child care center will have no noise or visual impact on the businesses within the commercial building. The church east of the site is over two hundred feet from the location of the proposed building and is too distant to be impacted by the child care center. The only comment from the owner of the adjacent apartments noted in the County Staff Report was a preference to delete a block wall which had been proposed along the boundary between the two properties. Traffic The impact of project-generated traffic on the intersection of Lyndle Lane and Rancho California Road would consist of 69 automobiles entering and leaving Lyndie Lane per hour during peak periods. The intersection will be signalized in conjunction with construction of a recently approved commercial project at the northwest corner of Lyndie Lane and Rancho California Road. Access and Internal Circulation The driveway and interior drive aisles are adequate to accommodate two-way traffic. Architecture The design of the proposed structure includes a hip roof with half-round Iouvers and a covered entry way with two columns. The entry way is capped by a covered bell mounting. Building materials include wood roof shingles, stucco walls, metal roofing for the covered entry, and wood trim and fascia. The walls and wood trim will be grey and the wood trim and metal roofing will be red, GENERAL PLAN AND SWAP CONSISTENCY: The site is designated for commercial land uses. Ordinance 31~8 permits child care centers in any zone subject to approval of a Public Use Permit. A: PUP660 3 ENVIRONMENTAL DETERMINATION: The project will not result in any environmental impacts which cannot be mitigated to a level of insignificance. The County adopted a Negative Declaration in conjunction with the approval of Public Use Permit No. 660 in 1989. FINDINGS AND SUPPORTING FACTS: 5. 6. 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 in that the proposed child care center will be compatible with existing and approved land uses in the vicinity. 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 in that child care centers are permitted in any zone subject to approval of a Public Use Permit. The project will not result in any significant environmental impacts. The site takes access from a public street, Lyndie Lane. The project will be compatible with existin9 land uses adjacent to the site. The site is adequate for the proposed use in that all applicable requirements can be satisfied, parking is adequate, and landscaping is substantial. The project will not pose an undue burden on streets in the vicinity in that it will only generate 69 arrivals and departures per hour during peak period, and the nearest intersection will be signalized in conjunction with construction of a commercial project. The proposed use will not be detrimental to the health, safety, or general welfare of the community. A: PUP660 4 STAFF RECOMMENDATION: Staff recommends that the Planning Commission: ADOPT Resolution No. 91- approvlng an Extension of Time for Public Use Permit No. 660 subject to the Conditions of Approval in the attached County Staff Report and the attached City Conditions of Approval. SW: ks Attachments: 2. 3. 5. Resolution Conditions of Approval County Staff Report Supporting Parking Data Exhibits A. Vicinity Map B. Site Plan A: PUP660 5 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVI NG AN EXTENSION OF TIME FOR PUBLIC USE PERMIT NO. 660 TO PERMIT OPERATION OF CHILD CARE CENTER LOCATED ON THE EASTERLY SIDE OF LYNDIE LANE APPROXIMATELY 200 FEET NORTH OF RANCHO CALIFORNIA ROAD. WHEREAS, Kinder Care Learning Centers filed an application for an extension of time for PUP No. 660 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said PUP extension was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said PUP extension on April 15, 1991, 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 PUP extension: NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 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 )aw 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: PUP660 6 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 taw 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 PUP 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 PUP No. 660 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. A: PUP660 7 D. (1) Pursuant to Section 18.29(d), no PUP 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 PUP approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. ( 2 ) The Planning Commission, in approving theproposed PUP extension, makes the following findings, to wit: 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 in that the proposed child care center will be compatible with existing and approved land uses in the vicinity. 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 in that child care centers are permitted in any zone subject to approval of a Public Use Permit. c) The project will not result in any significant environmental impacts. d) The site takes access from a public street, Lyndle Lane. e) The project will be compatible with existing land uses adjacent to the site. f) The site is adequate for the proposed use in that all applicable requirements can be satisfied, parking is adequate, and landscaping is substantial. g) The project will not pose an undue burden on streets in the vicinity in that it will only generate 69 arrivals and departures per hour during peak period, and the nearest intersection will be signalized in conjunction with construction of a commercial project. A: PUP660 8 h) The proposed use will not be detrimental to the health, safety, or general welfare of the community. E. As conditioned pursuant to SECTION 3, the PUP proposed is compatible with the health, safety and welfare of the community. SECTION 2. Conditions. That the City of Temecula Planning Commission hereby approves an extension of time for PUP No. 660 for the operation and construction of a child care center located on the easterly side of Lyndie Lane approximately 200 feet north of Rancho California Road subject to the following conditions: A. Exhibit A, attached hereto. SECTION PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. 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 , 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:PUP660 9 CITY OF TEMECULA CONDITIONS OF APPROVAL PUBLIC USE PERMIT NO: 660 Project Description: Child Care Center Assessor's Parcel No: 921-310-010 Plannlnq Department 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 Public Use Permit 660. 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 year 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 one ~1) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on March 1L~, 1992. Enqineerlnq Department The following are the En9ineering 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. PR)OR TO ISSUANCE OF CRADING PERMITS: As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; City of Temecula Fire Bureau; A: PUP660 10 10. 11. 12. 13. Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. The developer shall submit two (2) 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. The developer shall submit two (2) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A Geological Report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 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. 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. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. 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 Englneer's Office. Existing city roads shall remain open to traffic at all times with adequate detours during construction. 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. Onsite and offsite improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, signing, striping, and other traffic control devices as appropriate. A: PU P660 11 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. 15. Drainage calculations shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. 16. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 17. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. 18. Protection of the offsite cribwall from erosion along the northwesterly boundary shall be provided by designing a concrete brow ditch or similar drainage device as approved by the City Engineer. PRIOR TO ISSUANCE OF BUILDING PERMIT: 19. 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. 20. 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. 21. Prior to building permit, the subdivider shall notify the City's C.A.T.V. Franchises of the intent to develop. Conduit shall be installed to C.A.T.V. Standards prior to issuance of Certificates of Occupancy. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 22. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the improvement plans in accordance with County Standard u,00 and ~t01 {curb sidewalk). 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. Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. ~,00 and u,01. A: PU P660 12 25. 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 ElR/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. 26. All improvements shall be constructed and complete as shown on the approved plans. Buildinq and Safety Department 27. All plans and specifications will be subject to the most recently adopted model building codes adopted for use by the City of Temecula. A: P U P660 13 SUBMFITAL TO THE BOARD OF SUPER~SORS COUNTY OF RWERSIDE. STATE OF CAUFORNIA FROM: PLANNING DEPARTRENT SUBMFrFALDATE: FEBRUARY 22, 1989 SUBJECT: Notice of Declston of Permits Acted on by the Planning Cc~4ssion on January 25, 1989 RECOMMENDED MOllON: ~ RECEIVE AND FILE the Notice of Decision for the cases acted on by the P3a~tn8 Commission on January 25, 1989. THE I~ING COMMISSION ' ADOPTED the NegZtive Declaration for. E.A. Number 33384 based on the findingo incorporated in the environmental assessment and the conclusion that the proposed project ~r$11 not have a significant efect on the environment; and, ' ed{,n the Planx~g Co~ission ~nutes dated Januax~ 25, 198.~ CJC:gn .?. Prey. Ago. re[. Depts. Cammeats D|st. AGENDANO. RIVERSIDE COUNTY PLANNING CONNISSZON NINUTES JANUARY 25, 1989 PEI (AGENDA ITEN 7-1 - Tape 1'~14, Stde I -*Tape 3A) r PUBLIC USE IT 660 - EA 33384 - Kinde Care Learning Center - Nurrteta Area - First Supervtsortal District - 0.8~ acre, east of Ltndy Way, north of Rancho California Rd - Day Care Center Hearing was opened at 2:16 p.m. and was closed at 2:25 p.m. The applicant proposed a day care center for 8 maxtmm of 138 children with a maximum of 15 employees on'0.8 acre located at the northwest corner of Llndy Way and Rancho California Road. Zontng on site ts C-1/C-P and the stte Is currently vacant. Surrounding zontng is C-l/C-P, R-3-4000 and A-2-20. Surrounding land uses are a church, a proposed shopping center, apartments and vacant property. A six foot high concrete block wall along the wastefly property 1the was originally proposed as a condition for thts project, but the applicant received comments from the adjacent property owner tndtcatlng that they did not want a block wall at that location. Therefore, staff did not include the wall as a condition of approval. Clearance has been received from the Fish and Wildlife Service and the Grading Section of Building and Safety, and therefore umended the following: Delete Finding No. B Add a new Finding No. 8: Clearance has been given from Building and Safety, Grading Section. Delete Conclusion No. 5 Condition No. 10: Delete old date, add new date of January 24, 1989. Condition No. 25:. "Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance. 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." Condition No. 25: Renumber as Condition No. 26. In answer to Conmnisstoner Bresson, staff noted that the block wall was to be installed between the Ktnder Care Center and apartment complex. He distributed letters which requested the deletion of the block wall. Staff advised that landscaping is being proposed along the parking lot. : TESTIHONY OF PROPONENT: Elliot Urich, Diversified Engineering, re resenting the 'applicant, located on the exhibit an existing retaining wall aVong the rear and half way down the northerly boundary of the site. He also indicated the grade differential and located where the site would be landscaped and fenced. He noted that a chain link fence would be installed around the play area. The apartment's developer installed the existing retaining wall with landscaping, and Hr. Urtch said that 22 RIVERSIDE COUNTY PLANNING COMMISSION MINUTES JANUARY 25, 1989 they ~ul d landscape an eight foot area over that. Mr, Urtch said that the have no objections to the amended conditions. There was no one else who wished to speak on the mtter. The heating was closed at 2:25 p.m. FINDINGS N~D CONCLUSIONS: Day care centers are rmitted in any zone under a public use pemtt; the existing zoning is C-1/C-~; a shopping center/car wash plot plan was approved in 1988for the adjoining site to the east; a biological survey reveals no indication of a Stephens Kangaroo Rat habitat; clearance is needed from the U.S. Fish and Wildliferegarding the viabtlity of the Stephens Kangaroo Rat habitat on the site; Category I and II uses are designated for the Rancho-Temecula Subarea of the Southwest Territory Land Use Planning Area; there is not substantial evidence that the proposed project will result in any significant environmental effects; and, clearance has been received from the Building and Safety Grading Section. The proposed project is consistent with County Ordinances, including Ordinances No. 348 and 460; is consistent with the Comprehensive General Plan; there is sufficient parking to meet the use demands; the proposed project, as condittoned, will be compatible with adjacent land uses, both existing and planned; and, will not have a significant effect on the environment. MOTION: Upon motion by C~m,isstoner Bresson, seconded by Commissioner Beadling and unanimously carried, the Commission adopted the Negative Declaration for EA 33384 and approved Public Use Permit No. 660 subject to the conditions of approval as amended (above) and based on the above amended findings and conclusions. 23 Zontng Area: lqurrleta Supervtsortal District: E.A, Number 33384 Regfonal Team No. V First FAST TRACK PUBLIC USE PERlET NO. 660 P!annlng Commission: 1-25-89 Agenda Ztem No.: 7-1 !~ Trig ne~r/R epre entattve: : ~ Diversified Engineering Publlc Use Permit for a day care center NorthNest corner of Lindy llay and Rancho Calt fornia Road Extsttng Zoning: C-1/C-P ~l~inq~ Surrounding Zoning: C-l/C-P, R-3-4000, A-2-20 Stte Characted sti cs: Vacant semi -at1 d 8. Area Characteristics: Developing Area - North: ChurCh, south: vacant, east: proposed shopping center, currently vacant, west: apartments 9. Comprehenstve General Designation: 10. Land Dtvts(on Data: Plan 11. Agency Recommendations: Letters: Sphere of Znfluence: 12. 13. Land Use: Category ZI Cammarcia1 Total Acreage: .8 Total Lots: 1 Proposed Ntn. Lot Size: .8 See letter dated: Road: 1-05-89 Health: 12-20-88 Flood: 1-06-89 Ftre: 1-05-89 Building & Safety: Grad(rig: 12-30-88 Land Use: 1-06-89 Opposing/Supporting: None Not within a dry sphere ANALYSIS: PP~!ect IMsc~tpUon The proposed project is for a day children with a maxtmum of 15 employees, t~ack revtew. care center houstng a maxtmum of 138 The project was authorized for fast PUBLIC USE PERHZT NO. 660 Staff Report Page 2 Area Coepattbfitt~y and Zontng The surrounding land uses are cempatIble wtth ~e project. A 6 foot htgh concrete block wall on the west property line of the project side wtll provide protection for the extsttng apartments as well as for the Da.v Care Center. The land to the east of the project stte ts presently vacant · however, Plot Plan No. 10694 was recently approved on the vacant stte. Plot Plan No. 10694 proposes a shopptng center and car wash at the Intersection of Rancho California Road and Ltndy Iday. An ~11ustratton of this project ts shown on the D~y Care Center plot plan. Consistent7 ~th the Cmprehensfve General Plan The project 11es wtth the boundaries of the Southwest Land Use Planntng Area and wtthtn the Rancho CalIfornIa-Temecula Subarea. Land Use Poltdes tndtcate that Category Z and Z! land uses are to be uttlIzed wtthtn thts subarea. The project ts consistent with Category Z! land uses whtch fndtcate that land uses be located where water and sewer Is available, served at least by secondary highwayS, and be prowtried wtth a full range of public services. The day care use ts a permitted use fn a C-1/C-P zone wtth a publtc use permtt. Envfrormental Assessment Environmental Assessment No..33384 Indicates there are no major or' significant environmental tssues associated wtth the development. A biological survey (PD~B-No. 205) was performed wtth Plot Plan No. 10694 and tncludes the day care center stte. The survey concluded that the stte had 11rotted habit value for wtldllfe Including sensitive spectes and that the Stephens Kangaroo Rat does not tnhabtt the stte. Stnce the Stephens Kangaroo Rat ts a faderally 11steal endangered spectes, staff ts awattlng clearance from the U.S. Ftsh and litldllfe Servtce. Forty parktrig spaces are required per Ordinance No;~348. Twenty one are provided Ntth the appllcant's submission of a Request for t of Spec al Review ~he Staff concurs with the appllcant's need for fewer parKlng spaces nature of the use and the drop off and pick up of chlldren durtng a limited time period fn the morning and afternoon. The Butldtng Department Gradtng Soctton has not received a conceptual gradtng plan as of thts date. Staff cannot recemaend approval unttl clearance ts recetved free the Gradtrig Soctlon. PUBLIC USE PE:RliZT'IIO..660 Staff Report Page 3 FXNDXNGS: 1. Day care centers are permitted tn any' zone under a Publlc Use Permit. 2. The extst~ng zoning Is C-l/C-P. 3. A shopptng center/car wash plot plan was approved tn 1988 for the adjoining site to the east. 4. A btolog4cal survey reveals no Indication of a Stephens Kangaroo Rat habt tat. 5. Clearance ts needed from the U. S. Ftsh and t441dl~fe regardtng the vtabtltty of the Stephens Kangaroo Rat habttat on the stte. 6. Category I and TI uses are designated for the Rancho-Temecula Subarea of the Southwest Terrltory Land Use P]anntng Area. 7. There ts no substantial evidence that the proposed project wtl1 result tn any stgnt ticant environmental effects. 8. The applicant has not submitted a conceptual gradtng plan. Clearance ts needed from the Butldtng and Safety's Gradtng Sectton. CONCLUSIONS: 1. The proposed project 0rd~nances 348 and 460. is consistent wtth County Ordinances, Including The proposed p~oJect ts consistent wtth the Comprehensive General Plan. There Is sufficfent porf. fng to meet the use demands. 4. The proposed project, as condttloned, wtll be compatible wtth land uses, both extsttng and planned. 5. All necessary staff clearances have not been recehed. REC01eEIEIATZ0N: C(X(TINUANCE of PL~i. IC USE:PE3U4ITII). 660. a~acent NGB:aea 1-12-89 Addendure. Th~s fore ~s complementary to the appltcaMon for land use and development. Request for Special Revtew of Parktnq, Ordinance No. 348, Section 18.12, Parking and Landscaping ~upplement The current liarking and landscaping ordinance offers alternative program for I~rktng, parking reductions and bicycle parking exemptions, The follo~dng tnfomatton ts necessary to detemtne reductions and/or exemptions, JL PTease indicate the' type of us~: ~/~ Y- ~-~ ~E U'~ Fx~/z 1. Number of required regular Check where appropriate: car-parkipg spaces --=:-* --,---~-~.,:- ,,No. of Rooms '2. Nu~er of compact car spaces No. of Rooms" D 2BR 3, Total parking'spaces required ~L~ No, of Rooms D 3BR Alternative Programs for Parktng. . . 1. Private van pool/car operations: Honetary incentive or fl~;ibl~ working hours to promote van pool/car operation. Yes Number of parking spaces after 2f*reduction tn required parking spaces 2. Hass transtt Yes No ~ Indicate distance of the project with respect to mass transit entry ~ay or bus stop- Number of parking spaces after 2~ reduction in required parking 3.. BicYcle Parking Number of'required b~cycle parking spaces Number of proposed bicycle parking spaces Number of required parking spaces after 2% .reduction in required parking Total reduction in parking spaces deducted from, item 1, 2 and 3 C. Planned Residential Development for Senior Citizens. A proposal for planned residential development for sen~or c~tfzens may have a 20 percent reduction tn parking; as specified tn Section 18.5 of Ordinance No, 348, An additional five percent reduction in parking spaces (s allowed tf the applicant proposes alternaUve senior citizen transportation programs; however, (n no case will the reduction of parking spaces exceed 25% of the total spaces required by Section 18,12 of this ordinance, 1. Describe the aTternathe progrm as ~ndicated on ~tmnB.2. of this. 2, Number of required parking spaces 3, Number of proposed parking .spaces D. Bicycle parking exemption, 1. Type of use. Z>Aj. c~ C/-~2'~ 2. ihjrpose of r~est. hscr~be ~n~P'~est(ng b~cycle p~rk~n~' ex~pt~on, Ex~Uons frm b~c~le pa~k~ng my ~ granted depending upon the locaUon of the s~te ~th respect to the urban area, the na~re and hours of the operation of the proposed use, the accessibility of the s~te b~ bicycle at present and ~n the future, 3. Description of pro~sal. ~c ~/~ ~ ~ ~ ~y ~~. Shared Parking Requirement, 1. Describe the type and number of daytime uses. Number of required parking spaces Number of proposed parking spaces Describe the type and number of nighttime uses: · Number of required parking spaces Number of proposed parking spaces State the distance between the proposed use and the off-street parking facility. (lhe project should be located less than 150 feet from the off-street parking facility.) State and expla?n reasons demonstrating that there ~s no substantial conflict ?n the pr?nc~pal hours or periods of peak danand of the structures or uses for which the ~o~nt use ~s proposed ~o exist. 5. Describe and submlt floor plans that sho~s that the floor area devoted to ~stomer and employee use ts less than t~ptcal for the stze oft he bufidtng proposed. 6. Submit to the Planning Oepartaent a copy of the Legal Instrument of Agreement betmen the parties involved in the Joint or shared use of the off-street parking facility. In addition submit one copy of the Legal Instrument of Agreement to the County Recorder's Office and tNo cop~es to the. Department of Building and Safety. .._ F. Hod~ficat~on to ~he c~rculat~on, landscapSng and park?rig la3mut. The Plann~ng'D~rector my pem~t modSficat~ons ~rithout notice of hearing to the c~rculat~ono landscaping and parking_layout where topographic or other physical conditions make ft't~ract~cal'to require strict eo~p~an~ ~ith thes~ requirements. Please ~nd~cate below which are the topographic or physical conditions that hinder the develol~ent of3rour project. -* *~ FAST TRACK NJTHORIZATION APPLICANT Ktnder C~re Leat'aing Centere (Diverallied]PHONE ADDRESS 27715 Jeffereon Ave. #105D CITY Temecula CONTACT pERSON Elllott 13hrtch 676-568~ STATE 'CA' ZIP9½390 TYPE OF BUSZNESS: .C~ERC/AL , '/NIXISTR/AL, OTHER Cblld Care Center LOCATZON OF PROJECT lUmc~, C~t~or~ta.Area* ' EI'TIHATED NUleER OF ENPLOYEES a(A, ESTZNATED PROJECT COST $N/A - l~ia proJeCt'viI1 beaeftt th~ cou~un:t~y b:y'o~ertns 'a needed servlce As Supervisor of +the latSupervisor~al 'DIstrict, I hereby acknowledge that the above referenced'deve'T~'pment warrants*special consideration relattve to the permit processing* as required b~* the County of. Rivers(de,.and encourage the Planning Department to fn~ed~atel~ Institute "FAST TRACK~ p.rocedures. to enable the project to proceed as soon as.possible, %t ts mY understanding that the Planning Departmen~.wi.11, ~f necessary, schedule a Public Hearing w(th~n 45 da~s of receipt of a-completed application and a cop~ of th(s author~zat(on, and that a Special Land Development Comettee meeting w~11 .be hel~ ~th~n 15 d~ys from receipt of:same, Date October 17, 1988 ~L. ] PU 660 O O TR 15458 ,AND USE //\ 22593: ./'LF~ A TR 20882 VAC. ,.GRADFD · 'VAC. TR 23160 r_,, ..~ k. ,i ~ VAC. TR 21606 VAC. VAC. ~ SHOPPIN( *' CENTE VAC. APTS. _APTS. ,C: HILLY 800' HORSE VAC. · ! PU 660 - R-1 4 800' ~000 R-2-3000 C-1/ R-3 R-2 R-1 . it R-A-5 App. IGNDER CARE LEARNING CENTER INC. LOO,~r#OWAL N,~;~ Ule ~Y ~RE CENTER ' ~ ~ ~ ~ ~. ~ ~RIETA ~p~t. I ~ ~c,~ ~' ~ ~. 35T.7~ 3W ~'s ~ 921 ~. 31 * S~E ~ ~ ~WAY V~- . ~ ~CHO ~MF ART* 110' ' ~ ~ I ~* ~-55C~ 12119188 ~ ~ DGT BGS ~~ ~ ~NING ~R~ENT RIV!~SIOE COt~FY PLANNING C~tfl)ITIO~ OF ,APPROYAL PUBLIC USE PERNIT NO. 660 ProJect Description: Day Care Center Assessor's Parcel No. 921-310-010 Are8~ Hurrieta The permittee shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claims, actton, or proceeding agatnst the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the County of Riverside, 1is advtsory agencies, appeal boards, or leglslattve body concerning Publlc Use Permit No. 660. The County of RIverside w111 promptly notify the permittee of any such clatm, action, or proceeding agatnst the County of Riverside and will cooperate fully tn the defense. If the County fails to promptly notify the permittee of any such clatm, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, Indemnify, or hold harmhss the County of RIverside, Thts approval shell be used within two (2) years of approval date; otherwise it shall become null and votd and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval wtthtn the two (2) year period whtch is thereafter diligently pursued to completion, or the beginning of substantial utilization contomplated by this approval, 3. The development of the promises shall confom substantially wtth that as shown on plot plan marked Exhibit A, or as mended by these conditions. 4. In the event the use hereby permitted ceases o~eratton for a period of · one (1) year or more, thts approval shall become nu 1 and void. 5. Any outside lighting shall be hooded and directed so as not to shtne directly upon adjoining property or publlc rights-of-way. 6. The applicant shall comply wtth the street improvement recommendations outltned fn the Counl;y Road Departaent transmtttal dated January 5, 1989, a copy of which 1s attached. later and seerage disposal facilities shall be Installed tn accordance with the provisions set forth fn the Rherstde County Health Department transmfttal dated December 20, 1988, a copy of which is attached. PUBLZC USE PERlET NO. 660 CondtMons of Approval Page 2 0. 1. 3. 4. 5. Rood protection shall County Flood Control of whtch ts attached. be provtded tn accordance wtth the RIverside District transmtttal dated January 6, 1989, a copy Ftre protection shall be provtded tn accordance wtth the appropriate sectton of Ordinance 546 and the County FIre Narden's transmittal dated january 5, 1989, a copy of whtch ts attached. The applkant shall comply with the Building and Safety Grading Sectlon transmlttal dated 9eeember-38~-~988~ January 24, 1989, a copy of which ts attached. (Amended at Plannlng Commission 1-25-89) The applicant shall comply vrlth the Building and Safety Land Use Section transmtttal dated January 6, 1989, a copy of which ts attached. All landscaped areas shall be planted tn accordance with approved landscape, Irrigation and shading plans prior to the Issuance of occupancy permfts. An automatic sprinkler system shall be Installed and all landscaped areas shall be maintained tn a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow htgher than thtrty (30) tnches. Prtor to the Issuance of gradtng or butldtng permtts, stx (6) coptes of a Shadtrig, Parktng, Landscaping and ZrrtgaMon Plan shall be submitted to the Planntng Department for approval. The location, number, genus, spectes and.container size of the plants shall be shown. Plans shall meet all requirements of Ordinance 348, Sectton 18.12. A mtntmum of 21 parktng spaces shall be provtded tn accordance wtth Sectton 18.12, RIverside County Ordinance No. 348. 21 parktng spaces shall be provided as shown on the Approved Exhibit A. The parktng area shall be surfaced wtth aspbaltic concrete pavtng to a minimum depth of 3 tnches on 4 tnches of Class Z! base. A mintmum of taro (2) handicapped parking spaces shall be provided as shown on Exhlbtt A. Each parking space reserved for the handicapped shall be -Identified by a permanently affixed' reFlectortzed stgn constructed of porcelain on steel, beaded text or equal, displaying the Znternattonal' S~nabol of Accessibility. The sign shall not be smaller than 70 square tnches In area and shall be centered at the Interior end of the parking space at a mtntmum hetght of 80 tnches from the bottom of the sign to the parktrig 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 tn a conspicuous place, at each entrance to the off-street parking facility, not less than 17 Inches by 22 clearly and conspicuously states the following: PUBLIC US~ PETlilT NO. 660 Conditions of .q~val Page 3 18. lg. 21. 22. · Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons my 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: Road Department Environmental Health Riverside County Flood Control Fire Department Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. Building elevations shall be in substantial conformance with that shown on Exhibit B. Roof-mounted equipment shall be shielded from ground view. material shall be subject to Planning Department approval. Screening One trash enclosure shall be located within the project, and shall be constructed prior to the issuance of occupancy permtts. Each enclosure shall be six feet in height and shall be made with either masonry block and a gate or chain ltnk fencing and landscaping which screens the bins from external view. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parktng areas. All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Butldtng and Safety for plan check approval and shall comply wtth the requirements of Riverside County Ordinance No. 655 and the RIverside County Coeprehenstve General Plan. PUBLZC USE PERIgT MO. 660 Conditions of Approval Page 4 Thts project stte ts wtthtn a significant groundshaking zone. Mtttgatton shall be the application of the proper Uniform Butldtng Code standards tn the development of thts project. 24. All utilities, except electrical lines rated 33kV or greater, shall be installed underground. 25. "Prtor to the tssuance of gradtng permlts, the applicant shall comply with Ordinance No. 663 by paytng the fee requtred by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habttat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall paY the fee requtred under the Habttat Conservation Plan as Implemented by the County Ordinance or Resolution." (Added at Planntng Commission on 1-25-89) All of the foregoing conditions shall be complied wtth prtor to ~ccupancy or any use allowed by thts permit. IvIGB: aea 1-11-89 & 1-17-89 OR:ICE OF ROAD COMMISSIONER & COUNTY SURVEYOR January 5, 1989 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92051 (Kinder Care) Re: PU 660 Team 5 - S~ID #9 FTA 073-088 Ladies and Gentlesen: With respect to the conditions of approval for the above referenced item, the Road Department has the following recommendations: Prior to issuance of a building pennlt or any use allowed by this permit, the applicant shall complete the following conditions at no cost to any government agency: No additional right of way shall be required on Lyndie Lane since adequate right of way exists. Prior to issuance of a building permit, or any use allowed by this permit, the developer shall deposit with the Riverside County Road Department the sum of $2,150.00 towards mitigating traffic impacts for signal requirementS. This amount represents the .86 acres at $2,500/acre = $2,150.00. The remaining 5.45 acres is not subject to mitigation at this time. Prior to occupancy or any use allowed by this permit, the applicant construct the following at no cost to any government agency: 3. Lyndie Lane shall be improved with 32 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance ~th County Standard No. 111, Section A. (28'/45') Hodifled. shall Six foot ~de concrete sidewalks shall be constructed along Lyndte Lane in accordance with County Standard No. 400 and 401 (curb sidewalk). COUNTY Al)~N'lba kAllVl: (::[N iLa~ · 4080 L[NON STIUZT · RIYEI~!D[, CAIJ'ORNIA 92-1;01 PU 660 January 5, 1989 Page 2 C)e Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and al fgnment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for maintenance by County. Drainage control shall be as per Ordinance 460, Section 11.1. All ~ork done within County right of way shall have an encroach- ment permit. The single driveway shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans. When blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalk asapproved by the Road Conmntsstoner. Asphalttc emulsion (fog seal) shall be applied not less than fourteen 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 Sections 37, 3g and 94 of the State Standard Specifications. Projects creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope ease- merits as approved ,by the Road Department. The 'single entrance driveway shall be channelized with concrete curb and gutter to prevent back on parking and interior drives from entering/exiting driveways for a minimum distance of 35 feet measured from face of curb. lhe street design and improvement concept of this project shall be coordinated with PP 10694, PP 6990, P.N. 47/41-42, Amended PI'I 135/40-41 and P/P 874-X, ~ PU t60. January 6, 1989 Page 3 The landowner/developer shall provide/acquire sufficient public offsite rights of ways to provide for primary access road{s) to a maintained road in accordance with Riverside County Standard No. 106, Section B. (32'/60'} at a grade and alignment as approved by the Road Commissioner. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street t~orovement plans. A striping plan is required for Lyndie Lane and Rancho California Road· lhe removal of the existing striping shall be the respon- sibility of the applicant. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant· The applicant shall provide a left turn pocket on Rancho Calif- ornia Road at Lyndte Lane as approved by the Road Commissioner. The applicant shall construct an interim median barrier on Rancho California Road to physically prevent any left turn movements in or out of the proposed driveway easterly of Lyndie Lane all as approved by the Road Commissioner. The applicant shall make a cash deposit to the County Road Department for the future construction cost of the ultimate one half width median on Rancho California Road adjacent to this project. La:lh Ver. truly you~, Principal Eng. Technician 46-209 O~sls Se~d. Suite 405 lnd~,, CA '9220l (619) RIVERSIDE COUNTY fiRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND rll'~E I:~01ECIION GLEN J. NEk~iAN I'IRECIIIFI 1-5-89 PL'mnln~ & [nSlneednS Off,re 4080 Lemon 5teeet, S,ilc | I L Rivesside, CA 9250| (714) 787-6606 ATTN: PLANNING DEPARTBENT NIKE BACON PUBLIC USE 660 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department reconnends 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 1500 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 flaw shall be available from asuper 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 fro~ the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1500 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. The required fire flow my 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 CPN 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(a) will be automatically fire sprinklered must be Included on the title page of the building plans, ~ubJect: Public Use 660 PaRe 2 Install a supervised waterflow monitoring fire alarm system. Plnns mast be submitted to the Flre Department for approval prior to installation, as requlred by the Uniform Bullding Code. In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505 (e) of the Unlform Bulldlng Code. 9. A statement that the buildlag will be automatically fire sprinklered must appear on the title page of the building plans. 10. Comply with Title 19 of the California Administrative Code. 11. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 12. Certain designated areas will be required to be maintained as fire lanes. 13. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. Install a hood duct fire extinguishing system. Contact a certified fire protection company for proper placement. Plans must be approved by the Fire Department prior to installation. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $345.00 to the Riverside County Fire Department for plan check fees. 16. Prior to the issuance of building permits, the developer shall deposit ~ith 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. Applicant/deVeloper shall be responsible to Install a fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation. 18, Final conditions wiII be addressed when building plans are reviewed in the Bulldlng and Safety Office. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYNOND H. REGIS Chief Fire Department Planner Laura Cabral, Fire' Safety Specialist aa County of Riverside DEPARTMENT OF HEALTH, T0: RIVERSIDE COUNTY PLANNING DEPT.' 1ATE: ATTN: Mike Bacon 12-20-88 Jim 6illis. St. Sanitarian. Environmental Health Svcs Publ i Permit 660 - ,FAST TRACK ]'he Environmental Health Services has reviewed Public Use Permit 6S0 and has no objectionS. Sanitary sewer and water services are available in this area. Prior to buildlng plan approval. the following items will be submitted: 1. "Wi]l-serve" letters from the water and sewering agencies. Three complete sets of plans for each food establishment will be submitted including a fixture schedule~ a finish schedule. and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. JG:tac TOm DEPARTMErIT OF BUILDING AND SAFETY GRADING BUILDING AND SAk~IY PRIO~ TO APPROVAL OF THIS APPLICATION, PLEASE PROVIDE THE BUILDING AND SA~i;~ DEPAR~4ENT WITH A ~TUAL GRADING PLAN FOR THIS PROJECT. PLEASE ADDRESS 3~E FOLLC~FiNG ll~MS. Sh~w the existing contours and the proposed elevations for this project. Show the adjacent street ~des and elevations. Show any dra/nage facility intended as a par~ of th/s project. Show adjacent existing offsite topography sufficient to illustrate this projects compatibility with its neighbor~. ~~,~/~ Show a pad location on the plan. Show driveway location, grades, and elevations on the plan. Provide a vicinity map. Indicate al I slopes to scale Cbserve slope setbacks per section 7012 of the UBC and County Ordinance 457. Show Q100 y~r flow~ at the inlet and outlet of property and al 1 drainage facilities. Provide foot prints ~r t~31latng envelopes ~n the plan. No obstruction or diversion of natural k~ter courses is pennitted. January 6, 198~ Adrninistrative Center, '1777 Atlanta Avenue Riverside, CA g2507 Riverside County Planning Department Attentions Mike Bacon County Administrative Center. 4080 Lemon Street Riverside, CA 92501 REs PU 660, Exhibit A, FTA 073-88 APN 921-310-010 Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety has the following comments and conditions= An additional plot plan or an approved exhibit for on-site signage will be required. Signage will not be allowed until project is under separate parcel. Parcel map recordation is required. Prior to the issuance of building permits, written clearance is required from the followings · Elsinore Union High School District · Temecula Unified School District Engineered plans are required for any walls or fences over six feet in height. An approved setback adjustment from the Planning Department is required for walls or fences over six feet in height found in required setback areas. If approved elevations are required from the Planning Department the approved plans must be submitted to the Lan~ Use Division concurrently with submittal of structural plans for review. Prior to acceptance of structural plans for Building and Safety review. one complete set of approved conditions from Planning Department must be attached. Administration (714) 682-8840, (714) 787-2020 Planning Department PU 660 January 6, 1988 Page 2 Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Very truly yours. Thomas H. Ingram, Director DEPARTMENT OF BUILDING AND SAFETY .lfL;JI I%1 ~y Eastern ] unicipa[ Water District Riverside Co. Planning Dept. 4080 Lemon. St., 9th Floor Riverside, Ca 9Z501 SUBJECT: The District is responding to your request for comments on the subject project relative to water and/or sewer service. lhe items checked below apply to this project review. The subject project: /Is not Within EMWD's: water service area sewer service area ~/~Will be required to construct/provide be served by ENWD: the following facilities if to ! 'Sewer Service A~y and all necessary regionally sized onsite and offsite gravity sewers and appurtenant works that might include monitoring manholes, lift stations, force mains, and effluent disposal/use. Sewers will not be allowed along lot lines/private land. Fee payment and participation in regional sewers, treatment, and,effluent disposal must be met..Only wastes acceptable to EMWD regulations will be allowed. EASTERN MUNICIPAL ~TER DISTRICT Planning Depar~ent ~'n4% ~ .~n l:cinm Sirerr · Pj"~s,t Office l~.x R~,O0 · S:sn ]:=clnso. C31ih~rnin q2?,83-1 )DO · Telcph.nc (.714) ~., :liVE:BiDE COUnt.u PLAnnine DEP,~:ICfilEnC ENVIRONMENTAL ASSESSMENT FORM: ENVIRONMENTAL ASSESSMENT (E,A.) NUMBER: PROJECT CASE TYPE(s) AND NUMBERS(S): APPIJCANI"S NAME: "~|Yl~J~_..~' NAME OF PERSON(a) PREPARING E.A.: STANDARD EVALUATION MODu,; Nuh, sER<,>: I Iq I. PROJECT INFORMATION A. DESCRIPTION (include proposed minimum lot size end uses as applicable): B. TOTAL PROJECT AREA: ACRES C. ASSESSOWS PARCEL NO.(a): ; or SQUARE FEET D. EXISTING ZONING: C.2'~/r.,,',~ IS THE PROPOSAL IN CONFORMANCE? __ E. PROPOSED ZgNING: IS THE PROPOSAL IN CONFORMANCE? .....~ .E~E.E.cEs: ~-~ L~v w,~, ~0 .~ ~,.~o/~. ~ G. SECTION, TOVVNSHIP, RANGE DESCRIFTION OR ATTACH A LEGAL DESCRIFTION: H.' BRIB: DESCRFrlON OF THE EXISTING EN~qRONMENTAL SETtING OF THE PROJECT SITE AND ITS SURROUNDINGS: II. COMPREHENSIVE GENERAL PlAN OPEN SPACE AND CONSERVATION DESIGNATION Check Eta m option(a) below and Foceed accordingly. r'1 All or pa,-t of the project mite is in "Adopted Specific Rims," "REMAP" or "Rencho Villages Community Policy Areas". Complete Sections III, N (B and C only), V and VI.  AI or pert of 1he project site is in "Areas Not Designated as Open Space". Complete Sections III, IV {A, B end D only), V and All or Ix.l of the project 81re has an Open Space end Conservation designation other than those mentioned 8bore. Complete SecUon8 III, N (A, B, and E only), V end J'~ll. ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT A. ~ndicate~henature~the~:~.~p~ed~nduse~sdeterm~nedfrom~hedescr~pU~n~sf~und~nC~m~rehens~veGeneralP~anFigure VL3 (Circle One). This InfonTsUon is necessary to determine the appropriate land use suitability ratings in Section II|.B. Not Applicable Critical E~sentlal Noi'rnal-High Risk Normal-Low Risk B. In(kate v/ith a yes (Y) or no (N) whether any environmental hlzard and/or rssource issues may significantly affect or be affected by lhe przXxaal. All eelerenced figures are cc,~iained in the Comprehensive General Plan. For any issue marked yes (Y) write additional data sources, agertcles consulted, findings of fact and any mitigation measures under ,Section V. Also, where indicated, ckde the am land use solability or noise acceptability rating(s). (See definitions at bottom of this page). HAZARDS Aiquist-Prioio Special Studies or County Fault Hn~rd Zones (Fig. V1.1 ) NA PS U R {Fig. %/1,3) ~ Lk:luefaction Potential Zone (Fig. V1.1) NA S PS U R (Fig. VI,4) 3 "'1f Grotmdshaldn0Zone(FigVL1)~_,,, 10. Id 13. 14. NA 8 PS U R (Fig. VI.5) sop, (Ray. Co. 800 Scale S[ape Maps) 15. Landslide Risk Zone (Ray, Co. 800 Scale Seismic Maps or On-site Inspection) 16. ~ NA S PS U R (Fig. VI.6) Rockfall Hazard (On*site Inspection) ; ;: ~ Expansive SOIls (U.S.DA. Soil Consenmtion Service Soil Surveys) ;90: Erosion (U.S.D.A, Soil Conservation Service Soll Surveys) 21. wi,d F. mo~n & Sowsand (F~. ~.1, 22;: ~ Oral. 460, Sac. 142 & Ord, 484) Dam Inundation Ares (Fig. VI,7) 24, , Floodplains (Fig. VL7) 25. NA U R (Fig, 'Vl.8) .. Airport Noise (Fig. 11.18.5, 11.18.11 & %/I,12 & 1984 AICUZ Report, M.A.F.B.) NA A B C D (Fig, V1.11) Railroad Noise (Fig. V1.13 - V1.16) NA A B C D (Fig, V1.11) Highway Noise (Fig. VI.17 - VI.29) NA A B C D (Fig, V1.11) Other Noise NA A B C D (Fig, V1,11) · . Project Generated Noise Affecting Noise Sensitive Uses (Fig. VI.11 ) Noise Sensitive Project (Fig. VL11 ) Air Quality Impacts From Project Project Sensitive to Air Quality Water Quality Impacts From Project Project Sensitive to Water Quality Hazardous Materials and Wastes Hazardous Fire Area (Fig. VI.30 - VI.31 ) 'Other Other RESOURCES 36. 37, Wakelife 0r~, VI~6 - VI,q7) VegetaUon (fig. Vt,18 - V1AO) MineraJ Resource Fig. VIA1 - VTA2) Energy ~ (FIg. V1.43 - VI.44) Scenic Highways (Fig. VI.45) Historic Resources (Fig, VI.32 - Vl.33) Archaeological Resources (Fig. %/!.32 - VI.33 & VI.46 - %/I.48) Paleontologlcal Resources (Paleontologlcal Resou.mes Map) Other Other Definitions for Land Use Suitability and Noise Acceptability Ratings NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable U - Generally Unsuitable R * Restricted A - Generally Acceptable B - Conditio~ Acceptable C - Generally Unacceptable D - Land Use Discouraged IV. LAND USE DE'rERMNATION k C~mpkito~hisp~r~unisss~he~r~~ec~ia~~c~~~d~n"Ad~ptadSpec~~cP~an~~~``REMAP"~r~Ranch~ Vtltage~ Co. nmunlty Policy Areas." 1. OPEN SPACE AND CONSERVATION MAP DESIG.NATION(S):/~DAr)~ 2, LAND USE PLANNING ARE~ ~IATH WF-~I' 3. SUBARF. AIFANY: 4. COMMUNITY POLICY AREA, IF ANY: 5. COIV!dUNITY PLAN, IF ANY: 6. COMMUNITY PLAN DESIGNATION(S), IF ANY: B. F~ra~pr~jects~inidcatewithayes(Y)~rn~(N)whetheranypub~cf~c~itias~nd/~rservicesissuesmaysignificant~ya~t or be affected by the proposal. All referenced figures are contained In the Comprehensive General Ran. For any is' marked yes (Y), write data sources, agencies consulted, findings of fact, and mitigation measures under Section V. PUBUC FACILITIES AND SERVICES q~ 1- J~J Circulation (Fig. IV.1-IV.11. Dicusain 10,.LL. sac. V Existing, Ranned & Required Roads) Bike Tmas (Fig. N.12 - N,13) Sewer (Agency letters) Fame Sen4ce8 (FIG. N.16 - N.18) ~N 12.1d ;' 13--kL 5. N 14,J Z. ~ llheriff.~mAces0:igN.17-N.18) 7. N Schods(Fig. N.17-N.18) 8- Jd So~id Waste (Fki. N,11- N,18) 9._~ PaW. sandRecmation(Fig. N.19-N.20) 15. 'N 16. 17. Equestrian Trails (Fig. IV.19 - IV24/ Riv. Co. 800 Scale Equestrian Trail Maps) Utilities (Fig. N.25. IV.26) Libraries (Fig. N.17 - N.18) Heal~ Sewices (Fig. N.17 - N.18) Airpods (Fig. 11.18.2 - 11.18.4, 11.18.8 - 11.18.10 & N.27. N.36) Disaster Preparedness Other C, If Idl or pert of the Icx'oject b Iotaled in "Adopted Specific Plans", "REMAP" of "Rancho Vlliages Community Policy Areas", ~ in detail Ihe 8pecic poictes spptying to the proposal, and complete the following: 1. State Ihe relevant land use dens): 2. Based on this initial study, is ItS pml:x}sa] cormllnt with the policies and designations of the appropriate docun~ and Iherefore consistent with the Com~lve General Plan? If not, explain: · N. LAND USE DETERMINATION (continued) D. If el or part of the project site IS in "hess not Designated e8 Open Space", and i not in · Community Plan, complete queslions 1, 2, 3, 6 and 7. Complete questions 4, 5, 6 and 7 if it is in a Community Plan. 1. Land use catagorytiss) necessm'y to suppod the proposed I~oject. Also indicate land use type o.o. - Current land use category(is) for the site based on existing conditions. Also indicate land use type 3. I D.1 diffm from D.2, will the dierence be resolved at the development stage? Explain: 4. Community Plan designation(s): 5. Is the proposed project consistant with the Ix~icles and designations of the Community Plan? 6. l,s the proposal compatible with existing and proposed surrounding land uses? If not, explain: ~ 7. Based on this initial study, is ~e proposal consistent with the Comprehensive General Plan? ff not, reference by ~ and le~ue Number those issues identifying inoonslstencies: E, ff all or part of the project site Is h an Opera Space and Conservation designation, complete the following: 1. Stale the designatio~(s)c 2. Is the ixopold c~,-sistent with the designation(s)? If not, explain: 3. Based on this initial study, is Ihe ~ consisent with the Comprehensive General Plan? If not, reference by Section and Issue Number those issues identifying inconsistencies: · V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MF.A~URE8 A. ADDrT1ONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED: DATE DATE ADEQUACY ~ECTION/ INFORMATION INFORMATION INFORMATION I)t~i:ka~llON I~SUE NO. REQUIRED ~EQUESTED RECEIVED WF.S~IO~DATE} B. For each leeue marked yes (Y) under Sections III.B and N.B, Identify the Section and Issue number ancl do the foilowing, inlheformalasshown below: 1. List 811 additional Te~evant data I)taoes, including Igencle~ consulted. 2. State all Ikx:lings ol lact regarding envkonmantaJ concerns. 3. State specific mitigation measures, If identifiable without requiring an environmental impact report (E.I.R.) 4. If Klditional ;,,;~,~nation is required before the environmental e__~_u_~t can be completed, refer to Stabsection A. 5. If~dd~t~na~heeta~reneededt~mnpleta~h~8ec~n~checktheb~x~theend~fthe~cti~nand~ttach SECTION/ ISSUE NO. SOURCES, AGENCES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: V. IIFORMATION SOURCES, IqNDINGS OF FACT .~dD MITIGATION MEASURES (continued) SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: VI. ENVIRONMENTAL IMPACT DETERMINATION: /~~ wl not have a e~gnlficant effect on the environment and · Negative Dec. J~tio. may be !'l 1he I~Ned could h~ve I ltgnlf~ effect on the environment; however, Ihem will not be · significant ekinthbceeebeclueelhemltigiJonmealuresdelc~lnSectk3nVhevebeeneppliedtothe pe~ect and · Negative Decimatkm my be Wepared. I'1 The project my have a ignI~cant ef~ct on the environment and an Environmental Impact Report is required. EVepared by KinderCar! Kinder*Care Learning Centers, Inc. · 23832 Rockfield Boulevard, Suite 225 · El Toro. CA 92630 · (714) 455-4040 April 1, 1991 Planning Commission/Planning Staff City of Temecula 43172 Business Park Drive P.O. Box 3000 Temecula, California 92390 Dear Staff & Commission Members: This submittal is in response to a requirement to justify the number of parking spaces provided on a site plan previously approved by Riverside County as PUP660. Please find, attached, the sign-in/sign-out logs for the following centers: #470 2560 E. La Palma Anaheim, CA 32 spaces #605 3661 Michelson I~ine, CA 18 spaces #608 25261 Paseo De Alicia Laguna Hills, CA 18 spaces These centers are comparable in size to the one proposed at the subject site. The average time it takes to sign in a child and escort that child to the classroom is less than 5 minutes. Most Kinder Care Learning Centers are designed with between 20 to 30 parking spaces. Since the critical minimum area to achieve is playground, the parking area is usually taken from the remainder of the site or whatever spaces can fit into the width of the site. In most municipalities, Kinder Care provides more spaces than required. I believe that 21 parking spaces are adequate for this project. I have been building Kinder Care Learning Centers for six years and I am responsible for these facilities after construction. I visit centers at all times of the day during business hours and have never experienced a parking problem. Also, I can not give you percentages, but many of our employees do not drive automobiles to work. In some cases they are driven to work, in others they use public transportation or live in the neighborhood and walk to work. "Child Care Parents Trust" KinderCar Kinder-Care Learning Centers, Inc,, 23832 Rockfield Boulevard, Suite 225 · El Toro, CA 92630 · (714) 455-4040 April 1, 1991 City of Temecula Page Two As shown in the attached logs, since the children arrive at varied times the staff members also have varied shifts. Thank you for the opportunity to submit this information. dames R, Kent Division Construction Manager "Child Care Parents Trust" KinderCar Kind°r-Care Learning Centers, Inc. · 23832 Rockfield Boulevard, Suite 225 · El Toro, CA 92630 · (714) 455-4040 SIGN-IN/SIGN-OUT SHEET Center # 470 2560 E. La Palma Anaheim, CA "Child Care Parents Trust" Age or Grade )ER-CARE SIGN-IN / SIGN-OUT (DAILY)* Date V~''~' '~/~// Emergency Signature of Child's : Time In Pick-Up Signature of Child's Person ic - ersonTime Out M hn~- ~: "~7 ,,;~-,~ "Is" OP-O285 (10-89) * * * IMPORTANT NOTICE * * * USE SIGN-IN*S~GN*OUT VERSION APPLICABLE TO YOUR STATE REQUIREMENTS Age or Grade KINDER-CARE SIGN-IN / SIGN-OUT (DAILY)* Child's Name F'dc, ol Emergency Signature of Phone No. Drop-Off Person Child's Pick-Up Signature of Child's Time In Person Pick-Up Person Time Out ~) i'D'/ { ,.z'~ Mooms303 Age or Grade r.2 I:~j ~._,.H's Emergency ( Z /d' Phone No. KINDER-CARE SIGN'IN / SIGN'OUT (DALLY)* Date '-.-.-31,'~5"" Signature of Drop-Off Person Child's Pick-Up Signature of Child's Time In Person /~ick-Up Person Time Out ,,:,,, gX.?,l;;r;,. ~,,.-~;,/.,',. KINDER-CARE SIGN-IN / SIGN-OUT (DALLY)* Age or Grade Date ~'l',,, ,~,Z 0~-0285 I I0 89) · · · IMPORTANT NOTICE ~ ** USE SIGN IN-SIGN-OUT VERSION APPUCABLE TO YOUR STATE REQUIREMENTS KINDER-CARE SIGN'IN / SIGN-OUT (DALLY)* .: ._ Emergency Signature of Child's Pick-Up Signature of Child's '~"' Child's Name Phone No. Drop-Off Person Time In Person Pick-Up Person Time Out KINDER-CARE SIGN-IN / SIGN-OUT (DALLY)* Date Emergency Signature of Child's Pick-Up Signature of Child's Time In Person Pi~::)Person Time Out Age or Grade ~ i's ame Phone No. Drop-Off Person KINDER-CARE SIGN-IN / SIGN-OUT (DALLY)* ',~, Emergency Signature of Child's Name Phone No. Drop-Off Person Date Child's Pick-Up Signature of Child's Time In Person Pick-Up Person Time Out ,. - . KinderCarl Kinder-Care Learning Centers, Inc, · 23832 Rockfield Boulevard, Suite 225 · El Toro, CA 9~,',',',',',',','~) · (714) 455-4040 SIGN-IN/SIGN-OUT SHEET Center # 608 25261 Paseo De Alicia Laguna Hills, CA "Child Care Parents Trust" KinderCar Kinder-Care Learning Centers, Inc. · 23832 Rockfield Boulevard, Suite 225 · El Toro, CA 92630 · (714) 455-4040 SIGN-IN/SIGN-OUT SHEET Center # 605 3661 Michelson Irvine, CA "Child Care Parents Trust" CITY OF TEMECULA ~ LOCATION MAP CASE NO. p.~.?.~c,~ C.C. DATE I I F'.r, ~ Rl.e. O0 PAX) ELEV 40' ITEM MEMORANDUM TO: FROM: DATE: SUBJECT: City of Temecula Planning Commission Gary Thornhill, Planning Director April 15, 1991 First Extension of Time for Vesting Tentative Tract No. 231Ll2 The above referenced case was continued from the April 1, 1991 Planning Commission meeting to the April 15, 1991 Planning Commission meeting. The project was continued to allow the Engineering Department to develop conditions of approval regarding the grading of the site and erosion control of the existing graded slopes. These conditions were to include bonding for grading repair and erosion control of existing slopes with time limits set for the bonding and for the completion of the grading. The applicant was also requested to appear or to have a representative present with the authority to accept additional conditions of approval. First Extension of Time for Vesting Tentative Tract No. 23142 is a proposal to subdivide 6 acres into 20 residential lots. The site has been previously mass graded. The neighbors attended the April 1, 1991 Planning Commission meeting to protest the extension because of the existing unsafe condition of the site. The Staff Report and draft Planning Commission minutes dated April 1, 1991 are attached and incorporated into this report by reference. An update on the grading and erosion control concerns and conditions will be presented at the Commission Hearing. If the issues have not been addressed to Staff's satisfaction, Staff will request a continuance of the project to May 6, 1991. GT:ks Staffrpt\VTM23142\mb PLi~,'NIN3 COi~.fi~ISSION HINUTES ~PRI~ 1, 1991 8. VESTING TENTATIVE TRACT NO. 23142, FIRST EXTENSION O}1 TIML Proposal for first extension of time for a 20 lot single family subdivision. Located at Bonny Road, North of Zinfandel Avenue. STEVE JIANNINO provided the staff report. Mr. Jiannino stated that staff had received various letters from area residents pertaining to previous grading and drainage problems. CHAIRMAN CHINIAEFF opened the public hearing at 8:30 P.M. TERRY BECKER, 1784 La Costa Meadows Drive, San Marcos, representing Costa Group, advised the Conunission that the applicant had seen the damage caused by the drainage problems and would be repairing those damages. The following individuals spoke in opposition to the request for a First Extension of Time and advised the Commission of the problems they were having getting the Costa Group to repair the damages to their properties ' caused by the grading and drainage problems: RALPH BROWNELL, 41487 Zinfandel Avenue, Temecula. THOMAS BENTLEY, 41473 Zinfandel Avenue, Temecula. KEVIN DAVIS, 32058 Merlot Court, Temecula. MAUREEN HUBERT, 41412 Chenin Blanc Street, Temecula. TERRY BECKER stated again that the developer intended to rectify all damages incurred by the residents. DOUG STEWART advised that there were county standards for erosion control and added that he would have a City inspector go out immediately and investigate the site. CHAIRMAN CHINIAEFF requested an explanation of the Commission's alternatives from the City Attorney. JOHN CAVANAUGE advised the Commission that they could deny the extension based on the issue of public health, safety and welfare or condition the extension to the clean-up of the damages with a bond requirement and a time frame for completion of clean-up; however, added conditions to the approval of the request would have to be accepted by an authorized representative of Costa Group. PCMIN4/01/91 -8- April 4, 1991 PLANNING COMMISSION MINUTES APRIL 1o 1991 Mr. Cavanaugh added that the Commission could deny the item as presented or continue the item to allow Mr. Becker time to provide authorization to act on behalf of the Costa Group. DOUG STEWART advised that Commission that the County had not conditioned the developer to post bonds for erosion control. He added that if the requirement for bonds were placed on the project at this time, the City could then go in and rectify the problems. COMMISSIONER FAHEY moved to close the public hearing at 9:05 P.M. and continue Vesting Tentative Tract No. 23142, First Extension of Time, seconded by CHAIRMAN CHINIAEFF. CHAIRMAN CHINIAEFF added that he would like the motion to direct staff to immediately enforce any action they have against the developer. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 9. PLOT PLAN 11339 Proposal to construct a 9,216 square foot automotive service center. Located on the northwesterly side of Rio Nedo Street, approximately 720 feet southwest of Diaz Road. OLIVER MUJICA provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 9:10 P.M. PCMIN4/01/91 ANTHONY POLO, Markham & Associates, 41750 Winchester Road, Temecula, concurred with the staff report and answered questions by the Commission. ~O~-~. ~- COMMISSIONER FORD moved to continue Plot Plan 11339 to the regular meeting of the City of Temecula Planning Commission on 5/6/91 and direct staff to address the Commission/s_~regarding design and ~ issues, -9- April 4, 1991 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 1, 1991 Case No.: Vesting Tentative Tract No. 231~2, Extension of Time Prepared By: Scott Wright Recommendation: ADOPT the Resolution approving the extension of time for Vesting Tentative Tract No. 23142. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: SURROUNDING LAND USES: PROJECT STATISTICS: PROJECT DESCRIPTION: Costa Group ALBA Engineering The applicant requests an extension of time for a 20 lot R-1 subdivision. Bonny Road north of Zinfandel Avenue R-1 and R-5 North: South: East: West: R-R R-1 Specific Plan 199, 2-5 du/ac Specific Plan 199, 2-5 du/ac Not requested North: Vacant South: Single family residential East: Vacant, graded West: Vacant No. of Acres: 6 acres No. of Lots: 20 single family lots, 2 open space lots Min. proposed lot size: 7,611 square feet The applicant requests an extension of time for Vesting Tentative Tract Map No. 231~2. The project is to create a 20 lot single family subdivision on a 6.0 acre site. The lots range in size from 7,611 square feet to 18,183 square feet. The landscaped slopes on both sides of the street at the entrance to Staffrpt\VTM23142\mb I BACKGROUND: the site are designated as open space lots to be maintained by a landscape assessment district or a homeowners association. The Riverside County Board of Supervisors approved Vesting Tentative Tract Map No. 2310,2 and Change of Zone 5115, from R-R to R-1 and R-5, on October 25, 1988. On the recommendation of the County Planning Staff, the Board of Supervisors added the stipulation that the landscaped slopes at the entrance to the site, lots 21 and 22, should be zoned R-5. The site has been graded for street improvements and building pads, and concrete lined bench drains have been installed along the southerly and easterly boundaries of the site. The City received the request for a time extension on October 5, 1990. ANALYSIS: Lot Size and Dimensions The lots are between 7,611 square feet and 18,183 square feet in area and conform to the standards requiring a minimum of 7,200 square feet, 60 feet of average width, 35 feet of street frontage on knuckles or cul-de-sacs, and 100 feet of depth. Site Access Each lot takes access from Bonny Road which provides access to the site from Zinfandel Avenue. The proposed single means of ingress and egress is consistent with County Fire Department policy which only requires a second access where there are 35 lots or more, or the street exceeds 1,320 feet in length. Vesting Tentative Tract 2310,2 contains 20 residential lots, and Bonny Road is 60,0 feet long. Drainaqe and Slope Stability Lots 10 through 17 have tops of slopes which are not at the property line resulting in areas which slope downward toward adjacent properties. Concrete lined bench drains have been installed along the property line abutting said lots in order to prevent impacts to adjacent properties due to water runoff from the site. County Condition No. 5 requires submittal of a soils report addressing soils stability. County Condition No. 6 requires compliance with Ordinance 0,57 which stipulates that all slopes greater in height than three feet must have erosion control planting. Staffrpt\VTM23142\mb 2 Compatibility with Adjacent Land Uses Vesting Tentative Tract No. 23142 is compatible with the existing R-1 development south of the site and with anticipated future development at a density of 2-5 dwelling units per acre east and west of the site. The R-R parcel northwesterly of the site contains a steel tank water reservoir. Archaeoloqical and Paleontoloqical Resources The Archaeological Report prepared for this project stated that no artifacts were found on the site. The site is located in an area known to contain fossil resources. Condition No. 19{e) requires that the developer retain a qualified paleontologist to evaluate the impacts of grading and implement measures necessary to recover and preserve any fossil resources found on the site. Additional Facts Not Included in the Oriqinal Conditions of Approval The original Conditions of Approval did not include provisions requiring the developer to satisfy the requirements of the Quimby Act or to agree to pay public facility fees. Staff has recommended that the developer agree to pay these additional fees not originally included in the Conditions of Approval for Vesting Tentative Tract Map No. 23142. Kanqaroo Habitat Conservation Fee Pursuant to Condition of Approval No. 19{a) in the attached County Staff Report, Kangaroo Rat Habitat Conservation fees were paid prior to the issuance of grading permits by the County. Processinq Time This staff report was completed in draft form and set aside because recordation of the map seemed imminent, and recordation of the map would make action on the extension of time unnecessary. However, after several weeks the final steps required for recordation have still not been taken. Therefore, 5taft is proceeding with the time extension request. Staffrpt\VTM2 3 142\rob 3 ZONING AND GENERAL PLAN CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: The size and dimensions of the lots are consistent with the requirements of the R-1 Zone, and the proposed density of 3.3 units per acre is consistent with the Southwest Area Community Plan designation of 2-4 dwelling units per acre. On October 25, 1988 the County adopted a Negative Declaration for Environmental Assessment No. 32354 in conjunction with the approval of Vesting Tentative Tract No. 23142. Extension of Time for Vestinq Tentative Tract No. 23142 The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.3 units per acre is within range of the SWAP designation of 2-4 units per acre. Vesting Tentative Tract 23142 is compatible with the surrounding zoning and adjacent existing land uses. 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. A second means of access is not required for subdivisions of 35 lots or less. 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. Staffrpt\VTM23142\mb 4 STAFF RECOMMENDATION: The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors adopted a Negative Declaration in conjunction with the approval of Vesting Tentative Tract 2310,2. The site is physically suitable for the type and density of the development proposed. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. 10. The project meets the requirements of Ordinance 3u,8 and 0,60 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. 11. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the health, safety, and welfare. 12. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein associated by reference. Staff recommends that the Planning Commission: ADOPT Resolution 91 - approving a first extension of time for Vesting Tentative Tract No. 2310,2 through October 25, 1991 based on the analysis and findings contained in this report subject to the Conditions of Approval in the attached County Staff Report and the attached City of Temecula Conditions of Approval. SW:mb Attachments: 2. 3. R esol ution Conditions of Approval County Staff Report Exhibits: Vicinity Map Vesting Tentative Tract Map No. 2310,2 Fee Checklist Staffrpt\VTM23142\mb 5 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 23142 TO SUBDIVIDE A SIX ACRE PARCEL INTO 20 SINGLE FAMILY RESIDENTIAL LOTS LOCATED ON BONNY ROAD NORTH OF ZINFANDEL AVENUE AND KNOWN AS ASSESSOR'S PARCEL NO. 946-060-004 WHEREAS, Costa Construction, Inc. filed a time extension request for Vesting Tentative Tract Map No. 23142 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 Extension of Time for Vesting Tentative Tract Map on April 1, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Planning Commission Hearing, the Commission approved said Extension of Time for Vesting Tentative Tract No. 23142; 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\VTM231 ~,2\mb 6 Ib) 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 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. 12 ) 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: There is reasonable probability that Vesting Tentative Tract Map No. 231~,2 will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. 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. 460, 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. Staffrpt\VTM23142\mb 7 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 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 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 approving the Extension of Time for Vesting Tentative Tract Map 231u,2, makes the following findings, to wit: The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.3 units per acre is within range of the SWAP designation of units per acre. Vesting Tentative Tract 231L~2 is compatible with the surrounding zoning and adjacent existing land uses. Staffrpt\VTM231 ~,2\mb 8 10o 11. 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. A second means of access is not required for subdivisions of 35 lots or less. 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 adopted a Negative Declaration in conjunction with the approval of Vesting Tentative Tract 231~,2. The site is physically suitable for the type and density of the development proposed. 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 3L~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 lawful conditions stated in the project~s Conditions of Approval are deemed necessary to protect the health, safety, and welfare. Staffrpt\VTM23142\mb 9 12. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and hereln associated by reference. E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION 2. Conditions. That the City of Temecula Planning Commission hereby approves a First Extension of Time for Vesting Tentative Tract Map No. 231o,2 for the subdivision of a 6 acre parcel into 20 single family residential lots located on Bonny Road north of Zinfandel Avenue and known as Assessor's Parcel No. 946-060-004 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 3. PASSED, APPROVED AND ADOPTED this 18th day of March, 1991. 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 1st day of April, 1991 by the following vote of the Commission: AYES: PLANNINC COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS Staffrpt\VTM23142\mb 10 CITY OF TEMECULA CONDITIONS OF APPROVAL Planninq Department Prior to recordation, the subdivider shall satisfy the requirements of the Quimby Act by payment of fees and/or contribution of land or shall provide an agreement approved by the City Council providing for payment of fees and/or contribution of land. 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/Negatlve 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 the 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 the Developer. The 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. The first extension of time for Vesting Tentative Tract Map No. 231~,2 shall expire one year from the expiration of the original approval unless extended as provided by Ordinance ~,60. The expiration date shall be October 25, 1991. 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. 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 resubmltted 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 ANY OTHER SUBMITTAL: The Tentative Map shall show a concrete drainage swale at the base of this slopes for Lots 10-17 and Lot 20. Staffrpt\VTM~31 ~,2\mb 11 PRIOR TO RECORDATION OF THE FINAL MAP: 7. 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; CalTrans; and Parks and Recreation Department. The following perimeter landscaped parkways are required to be annexed into the landscape maintenance districts: Lots 21 and 22. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvement_s in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. Sewer and domestic water systems. 10. 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. 11. A minimum centerline street grade shall be 0.50 percent. 12. 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 2LP x 36" mylar by a Registered Civil Engineer. 13. 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. Staffrpt\VTM23142\mb 12 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: 15. 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. PRIOR TO BUILDING PERMIT: 16. 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. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 17. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights, including the extension of Bonny Road to Zinfandel Avenue. Transportation Enqineerinq PRIOR TO RECORDATION: 18. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Bonny Road and shall be included with the street improvement plans. 19. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 20. All signing shall be installed per the approved signing plan. Staffrpt\VTM23142\mb 13 RIVERSIDE COUNTY PLANNING DEPARTMENT SUBDIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 23142 DATE: AIMENDED NO. I EXPIRES: STANDARD CONDITIONS 1. ~rhe subdivider shall defend, indemnify, and hold hamless the County of = :iverstde, its agents, officers, and employees frun any claim, action, or ~ ~ >roceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County ~f Riverside, its advisory agencies, appeal boards or legislative body Tentative Tract ,o. 231,2. ,,.nded ,o. 1. w, ich .trio. within the time period provided for in California Government Code Section 66499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the subdivider of any such claim, action, or roceeding or fails to cooperate fully in the defense, the subdivider sha~l not, thereafter, be responsible to defend, indemnify, or hold hamless the County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Nap Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. 4. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Nap Act and Ordinance 460. 5. The subdivider shall submit one copy of m soils report to the Riverside County Surve~or's Office and two copies to the Department of Building and i stability and geological Safety. The report shall address the so ls conditions of the sit~. 6. If any grading is proposed, the subdivider shall submit one print of comprehensive grading plan to the Department of Building end Safety. The plan shall comply with the Unifom Botlding Code, Chapter 70, Is amended by Ordinance 457 end as maybe additionally provided for in these co ditions of approval. n VESTING TE)ITATIVE TRACT I0. 23142, Jtld. !1 Condttimts of Alaliroval Page 2 JOe A grading permit shall be obtained from the Department of Building and Safety prior to c~.,4ncenent of any grading outside of county maintained road right of way. Any delinquent property taxes shall be paid prior to recordation of the final map. The subdivider shall comply with the street improvoment recg~nendations outlined in the Riverside County Road Department's letter dated 3-23-BB, a copy of which is attached. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County 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 b the Road Commissioner. Street names shall be subject to approval qf ~e Road Coernissioner. 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 County Surveyor. Water and s~rage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Depar~ent's letter dated 4-0~-8B, a copy of which is attached. The subdivider shall comply with the flood control recommendations outlined by the Riverside County Flood Control District's letter dated 3-29-88. a copy of which is attached. Xf the land division lies within an d a opted flood control drainage area pursuant to Section 10.25 of Ordinance 460 appro riate fees for the construction of area drainage facilities shall be coVlected by the Road Coninissioner. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Narshal's letter dated 3-23-88, a copy of which is attached. 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. 17. Lots created by this subdivision shall comply with the following: ~rl~iIgG TENTATIVE TPJ4CT NO. 23142, Amd. l1 Conditions of Approval Page 3 a. All lot length to width ratios shall be in conformance with Section 3,8C of Ordinance 460, Graded bet undeveloped lind shall be maintained condition and shall be either planted with interim provided with other erosion control measures as Director of Building and Safety. in a eed-free landscaping or approved by the Prior to RECORDATION of the final map the following conditions shall be satisfied: Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met: County Fire Department County Health Department County Flood Control County Planning Department Prior to the recordation of the final map, Change of Zone No. 5115 shall be approved by the Board of Supervisors and shall be effective. Lots created by this land division shall be in conformance with the development standards of the zone ultimately applied to the property. c. Prior to recordation, the subject property shall be annexed into CSA 143. Prior to recordation of the final map, the subdivider shall convey to the County fee simple title, to all common or c~,~,~n open space areas, free and clear of all liens, taxes, assessment, leases (recorded and unrecorded) and easements, except those easements which in the sole discretion of the County are acceptable. As a condition precedent to the County accepting title to such areas, the subdivider shall submit the following documents to the Planning Department for review, which documents shall be subject to the approval of that department and the Office of the County Counsel: 1) A declaration of covenants, conditions and restrictions; and A sample document conveyinq title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. qfESTXNG TE)TTATZVETIIACTIO. f1X42, kid. Conditions ofA~proval Page 4 The declaration of covenants, conditions and restrictions su~itted for review shall (a) provide for a term of 60years, (b) provide for the 1 property owners' association comprised of the estab ishment of a owners of each Individual lot or unit and (c) contain the followin9 provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provision shall apply: The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the County of Riverside, and the property owners' association shall unconditionally accept from the County of Riverside, upon the County's demand, title to all or any part of the 'common area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that t~e association unconditionally accept title to the 'common area' shall be at the sole d~scretion of the County of Riverside. In the event that the common area, or any pert thereof, is conveyed to the property owners' association, the association, thereafter shall own such 'common area*, shall manage and continuously maintain such 'common area' and shall not sell or transfer such 'common area' , or any part thereof, absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the pa~nnent of a maintenance assessment. An assessment 1ten, once created, shall be prior to all other l~ens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be temtnated, 'substantially' amended or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-Interest, A proposed amendment shall be considered 'substantial' tf it affects the extent, usage or maintenance of the 'conanon Irel:, Zn the event of any confqtct between this Declaration and the Articles of Zncorporation, the Bylaws, or the pro arty owners' association Rules and Regulations, tf any, this Declaration shall control," IT_STZIIG TERTATIVE TIACT !10. 23142, Jmd. #1 Conditions of Approval Pige S Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map ~s recorded. 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 Constramnts Sheet (ECS) shall be prepared in conjunction with the final map to delineate identi lied environmental concerns and shall be permanently filed with the office of the County Surveyor. 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 f~nal map tq the Planning Department and the Department of Building and Safety. - The following note shall be placed on the Environmental Constraints Sheet: 'County Biological Report No. 18g was prepared for thas property and is on file at the Riverside County Planning Deparl~ent. The applicant shall participate in a fee program and shall pay the ultimate fee imposed for mitigation of impacts to the Stephens Kangaroo Rat. Prior to final map approval or issuance of grading permits, whichever occurs first, the applicant shall enter into a deposit agreement with the County and shall deposit monies based on a rate of $750.00 per residential lot to be used towards payment of the fee, or if an ordinance implementing the fee is in effect, the applicant shall pay the fee. Prior to the issuance of GRADING PERleITS the following conditions shall be satisfied: a. Prior to the issuance of grading permits, the biological mitigation found in Conditionlah shall be c0mpleted. (Amendet.)a_~lnninq Co~issiono b. Prior to the issuance of grading permits ~etailed common open space area landscaping and irrigation plans shall be submitted for Planning 1 1 be certified by a andscape architect, and shall provide for the following. 1. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2...Landscape screening where required shall be designed to be opaque up to a minimum height of six {6) feet at maturity. VESTZIIG TEXTATZVE TItACT liO. 23142, Rmd. 11 Conditions of Approval Page 6 &11 utility service areas and enclosures shall be screened fro~ view with landscaping end decorative barriers or barge treabnents, as approved by the Planning Director. Utilities shall be placed undert~ound. Where street trees cannot be planted within right-of-way of interior streets and roJect arkways due to insufficient road right-of-way, they shaV1 be pVanted outside of the road right-of-way. 5. 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 plaQs and shall note those to be removed, relocated and/or retained. 7. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. All cut slopes located adjacent to ungraded exceeding ten (10) feet in vertical height shall incorporating the following grading techniques: natural terrain and be contour-graded Vraded s, ope s..,, ,. gr. dua,,y .d usted to t.e terrain. 2) Angular foms shall be discouraged. The graded fom shall reflect the natural rounded terrain. 3) 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 pomit such rounding. 4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slopo shall be curved in e continuous, undulettng fashion. Prior to the issuance of grading pomits, the developer shall provide evidence to the Director of Building and Safety that ell 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 end comment on the proposed grading with respect to potential paleontological impacts. VESTING TDITATIVE TItACT IlO. ~3142o ~ilSd. ill - Conditions of Apprmral Page 7 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 temporaril divert, redirect halt grading activity to allow recovery of fossils. or Prior to the issuance of BUILDZNG PERMITS the following conditions shall be satisfied: am No building permits shall be issued by the County of Riverside for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financin measures. A cash sum of one-hundred dollars ($100) per lot/unit shal~ be deposited with the Riverside County Department of Building and Safety as mitigation for public library development.' A plot plan shall be submitted to the Pl anning Department pursuant to Section t8.30 of Ordinance No. 348 accompanied by all applicable filing fees, as a plot plan that is not subject to the California Environmental Quality Act and is not transmitted to any governmental agency other than the Riverside County Planning Department. The plot plan shall ensure the conformance of the final site development with the tract's approved Design Manual (Exhibit M), and shall contain the follow!ng ehments: 1. A final site plan showing the lots, building footprints, all setbacks, fences and/or walls, and floor plan and elevation assignments to individual lots. 2. One (1) color and materials sample board (maximum size of 8 X 13 inches by 3/8 inch thick) containin precise color, texture and material swatches or photographs (whic~ my be from suppliers' brochures). indicate on the board the name, address and phone numbers of both the sample board preparer and the project applicant, tract number, and the manufacturer and product numbers where possible (trade names also acceptable), 3. One (1) copy of the architectural ehvattons colored to represent the selected color combinations, with slmbols keyed to the color and materials board. The written color and material descriptions shall be located on the elevation. 4. Six (6) copies of each of lossy photographic color prints (size 8 X 10 inches' of color and board and colored ) both materials architectural elevations for permanent filing, hearing body review and agency distribution. All writing must be legible. VESTZlIG TEXTATIVE 111ACT IlO. 2)142, Mid. Ill Conditio~s of Approval Page 8 C? Said plot plan shall require the approval of the Planning Director prior to the issuance of any building pemits for lots included within of; the plot plan. The submittal ~lot 1 prior the issuance of pans to building pemits my be phased p~ovided: A separate plot plan shall be submitted to the Planning Deparbnent for each phase, which shall be accompanied by appropriate filing fees, 2. Each individual plot plan shall be approved by the Planning Director prior to the issuance of building permits for lots included within that plot plan. Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning DepartTnent 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 County Fire Hatshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be pemitted with Planning Department approval. f. All front yards shall be provided with landscaping and automatic irrigation. g. A fencing plan shall be submitted for Planning Department approval.. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: GN:sc 9/13/88 Wall and/or fence locations shall confom to approved plans. All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy pemits. 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. OFFICE OF ROAD COMMIL(IO~ER 6 COL'~,'TY -(L'RL'EYOR March 23, 1988 Riverside County Planning Comission 4080 L~non Street Riverside, CA 92501 Re: Tract Map 23142 - Amend Schedule A - Team 1 Ladies and Gentlemen: With respect to the conditions Of approval for the referenced tentative land division map, the Road Deparlunent recommends that the landdivider provide the following street improvement plans and/or road dedicaUons in accordance With Ordinance 460 and RIverside County Road Zmprovement Standards (Ordinance 461). It ts understood that the tentative map correctly shows acceptable centerline profiles, 811 existing easements, traveled ways, and drainage courses wtth appropriate Q's, and that their omtSston Or unacceptabtlity may require the rap to be resulynitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner*s Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentra- tion of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging easements sha~l be shown on the fin81 map and noted as follows: 'Drainage Easement - no building, obstructions, or encroachmerits by 1~nd ftlls are allowed". The protection shall be as approved by the R~ad Department. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the stte. In the event the Road Commissioner permits the use of streets for drainage purposes, t~e provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department. Iract Hap 23142 - Anmmd #1 · March 23, 1988 Page 2 3. Mmjor drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. 'A" Street (including any offsite right of way) shall be improveG within the dedicated right of way in accordance with County Standard No. 105, Section A. (36'/60'). 5. Concrete sidewalks shall be constructe~ throughout the landdivision in accordance with County Standard No. 4DO and 401 (curb sidewalk}. kn access road to the nearest paved road maintained by the County shall be constructed within the public right of way in accorOance · rith County Standard No. 106, Section Bo (32'/60') at a grade ant alignment as approved by the Road Commissioner. Prior to the recordation of the final map, the developer shall ~eposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. 5nouLa the developer choose to defer the time of payment, he may enter into a written agreement with the County deferring said payment to the time of issuance of a building permit. I~provement 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 Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for maintenance by County. Electrical and communications trenches shall be provided in accordance with Ordinance 461, Standard 817. Asphaltic emulsion (fog seal) shall be appl'ieo not less than fourteen 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 Sections 37, 39' and 94 of the State Standard Specifications. Standard knuckles and offset cul-de-sacs shall be constructed throughout the division. Corner cutbacks in conformante with County Standard No. 805 shall be shown on the final map and offered for dedication. Trac-t Nap 23142- Amend Patch 23, 1988 P,a~.e 3. 13. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance and slope easemen;s as ippr~d by t~e Ro~d Oepartment. 14. The landdivider shall provide utility clearance fro~ Rancho Calif. Water Company prior to the recordatton Of the final map. 15. The maximum centerline gradient shall not exceed 16. The mtnimum lot frontages along the cul-de-sacs shall be 35 feet. 17. Street trees shall be planted in conformance with the provisions of Article 13a of Ordinance 460.53 and their location(s) shall be shown On Street improvement plans. 18. All driveways shall confom to the applicable Riverside County Standards. 19. The minimum garage setback shall be 30 feet measured from the face of curb. 20. All centerline intersections shall be at 90° with a minimum 50' tangent measured from flow line. 21. The street ~$ign and improvement concept of this project shall De coordinated with NB 169/16-19. 22. Street lighting snalt be required in accordance with Ordinance 400 and 461 throughout the subdivision. The County Service Area (CSA) ~Oministrator determines whether this proposal qualifies under an existing assessment district or not. If not, the land owner shall file an applir~tion with LAFCO for annexation into or creation of a "Lighti ng Assessment Distrio{" in accordance with Governmental Code Section 560C0. Very truly yours, · Gus Hughes Road Division Engineer GH:lh EVERSIDE COUNTY PLANNING DEPT. TRACT ~ 23142. Al=ended No. 1 Dm,~-I~, Avril 4, 1988 Environmental Health Services Environmental Healch Services has reviewed Tract Map 23142, Amended No. I dated March 21, 1988. Our current comments will remain as stated in our letter dated February 18, 1988. SM:tac ~' APF', 0 5 1988 RIVERSIDE COUNTY pLANNING DEPARTMENT RIVERSIDE COUNTY PLANNING DEPT. 4080 Lemon Street Riverside, CA 92502 ATTN: Greg Neal RE; Tract Map 23142: Being a subdivision of k portion of the Rancho Tamsouls, which was granted by the government of the United States to Luis Vignes by Book 1, Page 37 of patents dated January 18, 1860 recorded in the Office of the_County Recorder of San Diego, State of California. (20 Lots) Gentlemen: T~e Department of Public Health has reviewed Tentative Mar No. 23142 and recommends that: A water system shall be installed according to plans and specification as approved by the water company and the Health Department. Permanent prints of the pAIns of the water system shall be submitted in triplicate, with a minimum scale not Ames than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter. location of valves and fire hydrants; pipe and 3oint specifications, and the size of the main at the 3unction of the new system to the existing system. The plans shall comply in all respects with Div. S. 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 Public Utilities Commission of the State of California,when applicable. The plans shall be zigned by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract Map 23142 zs xn accordance vith the vatmr system expansion plans of the Rancho California Water District and that the water service,storage and distribution system will be adequate to provide water service to such tract. ~emem: R~vers~de County Planning Dept. Page Tvo Attn: Grog Neal February 18, lgSS This certification does not constitute I guarantee that it will supply water to such tract at any specific quantities, flows or pressures for f~re protectZon or any other purpose". This certific,tion sh,11 be s~gned by & responsible official of the water company. This Department has a statement from the Ranthe California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary ~or the financial arrangements to be made prior to the recordatzon of the final map. This Department has a statement from the Eastern Municipal Water Distr~ct agreeing to alloy the subdivision sewage system to be connected to the severs of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the pl,ns of the sever system shell be submitted in tr~plXc,te, along with the origin,l dr,wing, to the County Surveyor. The prints shall show the internal pipe d~ameter, locltion ot manholes, complete profiles, p~pe and 3o~nt specifications and the size of the severs at the 3unction of the new system to the existing system. A single plat indicating location of sever lines and water lines sh~ll be a portion of the sewage plans and profiles. The plans sh~ll be szgned by registered engineer and the sewer district with the following certitic&tion: "I certify that the design of the sever system in Tract Hap 23142 is in accordance with the sever system expansion plans of the Kastern Nunicipal Water District ~nd that the v~ste disposal eyetom is adequate ~t this time to treat the anticipated wastes from the proposed tract." Riverside County Plmnning Dept. A~'~N: Grag Nea! February18, 1988 It rill be necessary for financial arrangements to be made prior to the recordation of the final map. vii/be necessary for the annexation proceedings to completely/in&lized prior to recordation of the ~i~cerely, EnvironmentlZ Health Services SM:t&c IkINNrrH I,_ I13MfARDI ll31 MARKrt rrREri. Riverside County Planning Department County Administrative Center Riverside, California RIVERSIDE COUNTY FLOOD CONTROL AND APR 0 6 1988 ^ttentto.: ,egional Area: RIVERSLIE COUNTY PLANNING DEPARTMENT Me have reviewed this case and have the following comments: 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 wa~er- 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 ]8 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project ts tn the Area drainage plan fees shall be paid in accordance with the applicable riles and regulations. The proposed zontng is consistent with control facilities or floodproofing may tmplied denstry. I,/ The 0tstrtct's report dated ~-2-~ existing flood hazards. Some flood be requtred to fully develop to the is stt11 current for this project. The District does not object to the proposed minor change. The attached comments apply. Very truly yours, KENNETH L. EDMARDS jZiHN~A KENNETH I,, EDWARDI 'teem MARKleT ITRlrr RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Hatch 2, 1988 RIverside County Planntr~ Department County Administrative Center Rlverslde, California Attention: Reglonal Team No. 1 Greg Neal Ladies and Gentl~en: Re: Vesting Tract 231.2 This is a proposal to divide 6 acres in the Temecula Valley area. The proper- ty is beta=on South General Kearny Road and Rancho California Road about 2000 feet West or Butterfield Stage Road. The property is located at high Found and receives very little offsite storm runoff. Onsite storm runoff would be conveyed by the proposed Bonny Road and discharged at the atte's southwest corner through an offsite storm drain system. Following are the Dtstrlct's reco~nendatlons: This vesting tract map is located within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provisions of the "Rules and Regulations for Administratio~ of Area Drainage Plans", amended July 3, lgBq: Drainage fees shall be paid to the Road ~x~nissioner as part of the fillrig for record of the subdivision final map or parcel map, or If the recording of a final parcel map is waived, drainage fees shall be paid as a condition of the walver prior to recording a certificate of compliance evidencing the waiver of the parcel map; At the option of the land divider, upon filing a required af- fidavit requesting defermerit of the payment of fees, the drainage fees shall be pald to the Rutldlng Director at the time of is- suance of a grading permlt or building permlt for each approved parcel, whichever may be first obtained af~cer the recording of the subdivision final map or parcel map; however, Dralnage fees shall be paid to the Road C~xn~lssioner as a part of the flltng for record of the subdivision final map or parcel map, or before receiving a walver to record a land division, for each lot within the land dlvlslon where construction activity as evi- denced by one of the following actions has occurred since Hay 26, 1981: Riverside County Planning Department Re: Vesting Tract 23142 -2- March 2, 1988 (a) a grading permit or building permit has been obtained. (b) Grading or structures have been initiated. Offsite drainage facilities should be located within publicly dedicat- ed drainage easements obtalned from the affected property owner(s). The doc~t(s) should be recorded ~ a copy submitted to the Dlstrlct prior to recordatton of the final map. 3- ill lots should be graded to drain to the adjacent street or an sde- quate outlet. The 10 year storm flow should be contained within the curb and the lO0 year storm flow should be contained within the street right of ~ay. When either of these criteria Is exceeded, additional drainage facili- ties should be installed. A drainage easement should be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded dralnage easement should be submitted to the District for review prior to the recordatton of the final map. Evidence of a viable maintenance mechanlsn should be submitted to the District end County for review and approval prior to recordation of the final map. A copy of the improvement plans, grading plans and final map alon~ with supporting hydrologic and hydraulic calculations should be sub- mitted to the District via the Road Department for review and approval prior to recordatton of the final map. Grading plans should be ap- proved prior to issuance of Fading permits. Questions concerning this matter may be referred to Robert Chtang of this of- fice a~ 714/787-2333. Very truly yours, oc: lancho Pacific Engineering Corp. lC:pln RIVERSIDE COUNTY HRE DEPARTMENT IN COOPERATION WITH THE CALIFO;INIA DEPARTMENT OF FORESTRY RAY HEBRARD RRI CHIEF 3-23-88 PLanNING DEPARTMENT ATTN: TF~M I TR 23142 - AMENDED tl Pbnnlnl & EnlineeHnl Office ~ Lemon S~,eet, Suite | I Riverside. CA 92~0| (714) With respect to the conditions of approval for the above referenced land division, the Fire Department recon=nends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PP~OTECTZO~ Schedule 'A' fire protection approved standard fire hydrants, (6*x4"x2}') 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 conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be eigned/a~proved by a registered civil engineer and the local water company with the followiDg certification: el certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department.e 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 sma of $400.00 per lot/unit as mitigation for fire protection lmpscts. Shoula the developer choose to defer the time of payment, he/she my enter into a written agreement with the County deferring said payment to the time of issuance of a building permit. all ~uestions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering Staff. Coun~ Adm~n~strag~ve Office April 27, 1988 Mr. Richard MacHott, Supervising Planner Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92501 SUBJECT: Vineyards Vesting Tentative Tract Map Number 23142 Dear Mr. MaCHOtt: The following summarizes our findings regarding the fiscal impact analysis for the project identified above. The appendix attached summarizes the basic assumptions used in the analysis. Please note that these results reflect the current levels of service provided by the County based on F~scsl Year ~986 - 1987 actual costs (per capita factors) and Departmental and Auditor-Controller review of operations and facility costs for services reviewed using case study analysis. Staff to the Growth Fiscal Impact Task Force and Departments are currently reviewing service levels provided and the need to increase the levels of service. Current findings are that existing levels of service are not adequate in most cases. Should the desired level of service be utilized in the fiscal analysis performed, it would significantly increase the costs associated with this development. COUNTY FUND (Operations snd Maintenance) FISCAL IMPACT AFTER BUILDOUT CUMULATIVE FISCAL IMPACT AT BUILDOUT county General ($1,336) 21,414 Fire ($554) ($554) Free Library ($71) ($71) SUBTOTAL COUNTY {$1,961) 2789 nosd Fund ($421) ($421) GRAND TOTAL ($2,382) $368 The following specie1 circumstances apply to this project: 1. The developer assumptions included a factor of persons per dwilllng uni~. CAO staff utilized a factor of 2.69 persons per household, which is closer to the countywide average for this type of unit. 2. Please note the attached letter, dated March 28, 1988, from =he Riverside City and County Public Library concerning this pro3ect. 3. Flood Control staff has indicated that flood control facilities constructed within Zone 7 are unlikely to be sufficiently funded for maintenance costs. Current estimates indicate that funding shortages should occur far the next ten years. Suggested mitigation measures include a cash deposit by the pro~ect developer or use of an assessment mechanism. The amount of deposit would be determined by a present value analysis and project timing. The cost of maintaining flood control facilities' will not be known until final design phases, when facility needs have been fully identified. Flood Control staff will, therefore, condition pro3ect approvals to identify a mean~ of financing facility maintenance and operation necessary) prior to recordation of subdivisions. Based on the analysis and assuming that the average sales price of the units will be $1250000, overall Vineyards (Vesting Tentative Tract Map Number 23142} will have a positive fiscal impact at buildout of $368. After buildout, ~his pro3ect will have an annual negative fiscal impact to =he County of $2,382 at current ~evels of service. Initial Review By: ~ Review Approved By: Riverside City and County Public Library arc 28, 1988' Mr. Kevin Hughes Rancho Pacific Engineering 27447 Enterprise Circle West Temecula, CA 92390 Dear Mr, Hughes: SUBJECT: VESTZNG TENTATIVE TRACT 23142-RANCHO CALXFORNIA AREA X am writing in response to your request for information re- garding the impact of a proposed project upon library service. The proposed project would adversely affect existing library services, The increase in population to be served would require an increase in funding to the County Library to maintain the current level of service. However, the current level of service has been recognized as substantially inadequate. The attached charts show how the current number of volumes per capita and the current square feet per capita are inadequate and have declined during the last decade due to the impact of rapid ~ulation growth throughout the County. See attached charts A ,endix C and D). The fiscal impact of an additional 42 persons (20 dwelling units) is stated below in 1988 dollars in amounts needed to 1)maintain the current, inadequate level of service only and to 2)provide the desired level of service. The desired level is inclusive of the current level. Facilities (one time cost only) Collection (volumes) (one time cost only) Maintain Current Level of Service Provide Desired Level of Service ~ 2,982 $ 964 $ 1,377 Subtotal for Facilities and Collection (one time cost only) $ 1,918 $ 4,359 Services $ 386 $ 794 (annual ongotng cost) Lands M Wood, Director P,O, Box 468 Riversi0e. California 92502-0468 Letter to RANPAC, Tract e23142, 3/28/88, Page 2. These costs might be mitigated by: The assessment of a library facilities and collections fee in 1988 dollars at a cost of $96 per residential unit to maintain the current level of service, or 2218 per residen- tial unit to provide the desired level of service. be The determination that the project's estimated assessed valuation will provide at least $386 per year in 1988 dollars to the County Library District to finance ongoing expenses at the current level of service, or $794 per year to finance ongoing expenses at the desired level o£ service. Feel free to contact me at (714)782-5213, if you have further' questions. Sincerely yours, Billie E. ~nc ' Head of Branch Services BED:mjb Enclosures: Appendix C and D Linda Wood, Library Director Norm Caouette, Senior Administrative Analyst .1201B/eg JamraN Im~u.J, Im~mmdSkwn~ April Z1, 1988 Land Development Committee RIverside County Planntng Departn~nt 4080 Lemon Street, 9th Floor Riverside, California 92501 ~.F SUBJECT: VESTING TRACT 23142/ZONE CHANGE 5115 The District ts responding to your request for conwnents on the subject project(s) relaUve to the provision of water and sewer service. The items checked below'apply to this project review. The subject project: X Is not within EHWD's: X water service area sewer service area __ Hust be annexed to this District's Improvement District No. in order to be eligible to receive domestic water/sanitary sewer servi~. X Will be required to construct the following facilities; if serviced by EMWD: a.) Water Service b.) Sewer Service Onstte/offsite regionally sized gravity sewers and parUcipate in regional sewer facilities. No sewers allowed now or future along lot lines. Very Truly Yours, EASTERN HUNICIPAL WATER DISTRICT Planning Department March 9, 1988 I AR 1 O 1988 RIVERSIDE CO'JNTY PLANNING DEPARTi,,';-'~';T Officers: Start T. Milk Genersl Msns~r Pbillip L. Forbes D~ct~r of F~ns~ce - Norman L. Thomas DL, K~' of En~neennK Thomas R. McAlieater Disctot of Operations & ~zt~t~nanee Barbara 3. Reed Distri~ Ruta~ and Tadmr Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract 23142 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefpre, 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. If RCWD can be of further service to you, please contact this office. ver~ truly yours, RANCHO CALIFORNIA WATER DISTRICT $enga P. Doherty Engineering Services Representative FOZZ/Jk'vOTS RANCHO CALIFORNIA WATER DISTRICT RiVE=I)iDE counc,v PLAnninG DEPARClTIEnC DATE: January ]5, ]988 TO: Assessor Building and Safety Surveyor - Dave Ouda Road Department Health - Ralph Luchs ' FIre'Protection ..... Flood Control Dtstri~t Fish & Ga~e LAFCO, S Paisley U,S, Postal Service - Ruth E, llavtdson Rancho California Water Co Eastern Municipal Water District Southern California Edison Southern California Gas General Telephone Temecula Union School Dist Elsinore Union High School Oist Temecula Chamber of Commerce Mt. Palomar Observatory Sierra Club County Parks Department Con~issioner Bresson CHANGE OF ZONE 511~ - (Tm-1) - E.A, 32354 - Costa Construction Inc. - Rancho Pacific EnqIneertng - hncho Califro~ta Area - First Supervisortal ~lstrict - North of Rancho Calfornia eoad and Fiest of Butterfield Stage - 6 acres - Request Zone Change from R-R to R-1 - Concurrent Case Tract 23142 - Mod 119 - A.P. 923-210-n15 Please review the case described above, along wlth the attached case map. A Land Division Connittee meeting has been tentatively scheduled forM arch 3, lo88. If it clears, tt will then go to public hearing. Your connents and recommendations are reouested prior to February 18, 19RR in order that w~ may include then in the staff report for this particular case. Should you have any auesttons re.eardln.q this item, please do not hesitate to contact Greg Neal at 787-1373 Planner COIltENTS: The Fire Department hal no comments or conditions. 3-1-88 SIGMATImE PLEASE print name and title RECEIVED GEORGE S, tATUH, Planning Officer dOE0 LEMON STREET, 9'" FLOOR 46'209 OAS S STREET, ROOM 304 n,~,r~e,t-~r ,'~,m ,c~'%e)kll& G,')Knt INDI~ (~,AI II:r)RNIA 92201 Riverside County Planning Department February 17, 1988 Attn: Greg Neal i . 5anitarian, Environmental Health Services Change of Zone 5115 The Environmental Realth Services has reviewed this change of zone case and has no objections, Sanitary sewer and water services are available in this area. SH:slw WORld&, ~SS PINKS SUBMITTAL TO THE BOARD OF S'UPERV1SORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ,~,, FROM: THE PLANNING DEPARTMENT SUBMITTAL DATE: ~'/~L ~' SUBJECT: CHANGE OF ZONE N0. 5115 - VESTING TENTATIVE TRACT N0. 23142 -~;, Costa Construction - First Supervisorial District - Rancho California Area - 6.0 Acres -.22 Lots - Schedule A - REQUEST: R-R to R-1 RECOMMENDED MOTION: The Planning Coamnission and Staff Reco~mnend: ADOPTION of the Negative Declaration for Enviro~ntal Assessment ~sed on the findings incorporated in the environmental assessment and the conclusion that the proposed project will not have a significant effect on the environment; and DENIAL of CHANGE OF ZONE NO. 5115 from R-R to R-1 in accordance with Exhibit 2, but APPROVAL of CHANGE OF ZONE NO. 5115 from R-R to R-1 and R-5 in accordance with Exhibit 4, based upon the findings and conclusions incorporated in the Planning Commission minutes dated September 28, 1988; APPROVAL of VESTING TENTATIVE TRACT NO. 23142, AMENDED NO. 1 subject tO the attached conditions, based on the'findings and conclusions' incorporated in the Planning Commission minutes dated September 28, 1988. ~G::sc 1/88 I~e~. Ag~. tel. Deplm. Comments Dist. AGENDA NO Zoning Area: Rancho California First SuperviSortel District E.A. Number: 32354 Regional Team No. I CI~MIGE OF Zl)IE I10. 5115 VIESTIIIG TE)ITATIVE TIj~CT II0, 23142 ll~gl)rnllO. 1 Planning Conm~ission: 9-28-88 Agenda Item No. 3-5 lIVERSIDE 13XIITV N, ARMING DEPARIlIEXT STAFF NE~ORT Applicant: Engineer/Rap.: Type of Request: Location: Existing Zoning: Surrounding Zoning: Existing Land Use: Surrounding Land Use: g. Comprehensive General Plan Designation: 10. Land Division Data: 11. Agency Recommendations: 12. Letters: 13. Sphere of Influence: ANAJ. YSZS: Coste Construction, Inc. RanPac Engineering S h man and zone c edule subdivision change from R-R to R-1. North of Rancho California Road and West of Butterfield Stage R~ad. R-R R-R, R-l, R-2o R-5, C-l/C-P, A-1-10 Vacant Vacant land, single family homes under construction, vineyards and horse ranches. Land Use: Category II Density: 2-8 DU/acre Total Acreage: 6.0 Total Lots: 20 single family lots, 2 open space lots. DU Per Acre: 3,3 Proposed Nin, Lot Size: 7200 sq. ft. See letters dated: CZ 5115 VTR 23142 Road: l~nt 3-23-88 Health: 2-17-88 4-04-88 Flood: No Comment 3-29-88 Fire: 3-01-88 3-23-88 Opposing/Supporting: None received Not within a City Sphere ProJect Description Change of Zone No. 5115 end Vesting Tentative Tract No. 23142 d chan· the zoning on 6.0 acres of la. in the Rancho California :rr:eare~lur~tsR-t~ to E-! and to create 20 single family lots. The proposed project will have an average density of 3,3 dwelltng units per acre with a minimum lot size of 7200 square feet. GINIGE OF Z011E i0. 513.5 VESTING TDI'TA'IIVE 11LqL'T I0. 23142 ,411El)El)NO. i Staff Report Page 2 The project site is located north of Rancho California Road and wast of Butterfield Stage Road. The project site is surrounded by, but not a part of, the Mergerite Village Specific Plan (S.P. 199). The project site also lies adjacent and north of Tentative Tract No. 20879, which was approved on November 26, 1985 by the Board of Supervisors and which created 140 R-1 lots on 45 acres of land. The project site is presently vacant. Surrounding land uses include single family houses under construction on Tract No. 20879 to the south, a ~eter tank to the northwest, and vineyards and a horse ranch to the east. The remaining surrounding area is vacant. Zoning on the property is currently R-R. Surrounding zoning includes R-1 to the south, A-1-10 in the vineyard area to the east and R-R, R-2, R-l, R-5 and C-1/C-P zoning in the area encompassed by the Mergerira Village Specific Pla~. Design Considerations The proposed project has been designed in accordance with the R-1 single family residential development standards, and all other pertinent standards of Ordinance 348 and 460. Oue to the tracts vesting status, additional materials ware submitted for revie~ in accordance with Ordinance 460. A drainage plan, a hydrology study, and a grading plan ware submitted and found to be adequate. These plans will be implemented through the conditions of approval. As is the applicant's option, a design manual addressing architecture, landscaping and irrigation, and fencing was submitted and reviewed. These development guidelines will be implemented through an Ordinance 348, Section 18.30 plot plan which will need to he submitted and approved by the Planning Department prior to the issuance of any building permits. Pro~ect Consistency/CompatibilitY The project site lies within the Rancho California/Temecula Subarea of the Southwest Territory Land Use Planning Area. Land use policies for this area state that future development shell generally he Category I and II, with Category III development in the outlying areas. The project site lies adjacent to an R-1 subdivision (TR 20879) with a density of 3.1 dwelling units per acre, end is surrounded by the Mergerira Village Specific Plan, with adjoining property designated for Medium density development (2-S dwelling units er acre). The area therefore can be designated a Category II area. Oue to ~he proposed density of the project and with the availability of all the necessary services and facilities, the project is considered consistent with the ib Comprehensive General Plan and is compat le with area development. CRNIGE OF/lIE I0. 5115 VESTIRG TE)ITATIVE TItACT I10. 23142 /IIEIeE/)IO. 1 Staff Report Pale 3 The applicant is proposing R-1 zoning for the entire tract, Because two open sl~mce lots are being created with this tract, staff feels it would be more a~ropriate to p ace R-5 zoning on these two lots. Therefore staff would rec~nd a change of zane from R-R to R-I end R-5. Ftscal Analysts IJnder current policy regarding prieSsing of vestin tentative mps, a fiscal analysis is required to be sut~itted to the Caunty ~or reviw. l~e fiscal aMlysis prepared for this proeject sh~d a net ~nefit to the County of $368.00 upon trolldour of the project, and a net annual deficit of $2,382. These figures were reached by using an assumed average selling price of $125,000 per house. Environmental Assessment: The initial study for Environmental Assessment No. 32354 indicated these ..viro..nt.1 co.c.r.s: 1..ros,on pot.nt,.1; 2. ..cts to Stephens Rat; 3. Paleontological Resources; 4. Nt, Palomar Impacts; 5. library impact. The biological report prepared for this pro~ect found that Stephens Kangaroo Rats were inhabiting portions of the project site. Since this report was prepared, the County has established an interim Stephens Kangaroo Rat mitigation program. The applicant is conditioned to participate in this program, with participation to include payment of $750 per unit toward establishment of habitat area, so therefore the impacts are considered mitigated. Erosion impacts will be mitigated through erosion control landscaping and adherence to pro r Count grading standards. Paleontological resources will be mitigated t~rough ~e conditions of approval which will require that a qualified Paleontologist be consulted prior to grading and any recunmendations be adhered to. let. Palomar impacts will be mitigated by adherence to County Lighting Ordinance No. 655. Any impacts to library services will be mitigated through payment of a $100.00 per unit library mitigation fee. FINDINGS: The applicant proposes changing the zoning on 6.0 acres of land in the Rancho California Area from R-R to R-1 and to divide the property into 20 single family lots and two open space lots, 2. me project will have a density of 3.3 dwelling units per acre. C]!NGE 0f ZJOIIE IIO. 5115 VESTING TBITATIVE TIACT II0. 23142 NIE]IDEDII0. I Staff Report. Page 4 The project is located adjacent to Tract No. 20879 (Board of Supervisors approved November 26, 1985) which crested 140 single family lots on 45 acres. 4. The project is surrounded by the Pargarita Village Specific Plan (S.P. 199 . Adjacent areas are designated for medium density residential (2-5 B. Surrounding land uses include single f~mily homes, vineyards, s horse ranch and vacant land. 6. Surrounding zoning includes R-R, R-l, R-2, R-S, C-1/C-P and A-1-10. 7. The project is located within the Rancho Callfornia/Temecula Subarea ~f the Southwest Territory Land Use P1 anning Area, - 8. The t~ open space lots are proposed to have R-1 zoning. The fiscal analysis indicates a financial net benefit to the county of $368.00 at buildout and a net annual deficit of $2,382 every year thereafter. Environmental concerns include erosion, biological impact, Paleontological resources, Mt. Palmr resources and library impacts. All environmental concerns can be mitigated by the conditions of approval. CONCLUSIONS: 1. The project is consistent with the Comprehensive General Plan. 2. The proposal is compatible with area development. 3. R-5 zoning is e more appropriate zone for the tw~ Open Space lots. 4. The project wtll not have a significant effect on the environment. RECOI~(ENDATIONS: ADOPTION of a Negative Declaration for Environmental Assessment No. 32354, ~'i~the conclusion that the proJec~ will nDt have e significant effect on the environment; and, DENIAL of CIE OF ZOME NO. 5115 from PPRta 11-1, in accordance with Exhibit CRN~E OF ZI)RE RO. 5115 YESTIE TEMTATIVE TRACT M). 23142 Ml~'l)rnRO. 1 Staff Report Page 5 APPROVAL of CRNIGE OF 2))RE I10. 5115 from R-R to R-1 and R-5 in accordance with ~4; and, APPROVAL of VDmIIIG TEITATZVE litACT RO. 23142, subject to the conditions of ~, and based upon the findings and conclusions incorporated in this staff report. GN:sc 9/13/88 HORSE RANCH · cz 4gez . VAC · :App. COSTA CONSTRUCTION. ,IIIC. /.OC,,T~OWAL mAP' ';Uee R-R TO R-I ' 'lAres RANCHO {3ALIFORNIA Sup.Dist. lst :iSec. 3E T.7..q:~R.,2W.A.gesa w's ! 911 .~ r..."' ;Ciroub. tionRANOHO.OAL;tR;RD. NTTERIAL I10' ~Eiement~BUTq'E:RF. IELD STAGE RI). ARTERIAL I10' *lkL Ik. ~.55C Dele 8/29/a8 Brawn 8V Ice .~.,r. KX)' NVF. RSIDE G(~.INTY PLANNING DF, JtUtTMENT .o .c.~. "1CZ 5115 ITR ~r].t4,~2 I PROPOSED ZONING d 2 , · ~r/%~\ k ""T. -' "" " ' ~' .j"~-,,~ ~j ~ ~ A-I-IO R -R ' \"R-R~ ~App. COSTA GONS"FRLdCTI4:)N, INC. iUee R-R TO .R-,-,I ;Area RANCHO CALI~IA Sup.DisLIIt iSec.~ T. TS.~R:2W. Assesaa,'$ gk. 923 PO. EI " :~on,RANGHO CALF. ~ ARTERIAL I10' ;!Eimnent!UTTERFIELI) SlXGE RD. ARTERIAL I10' 'IRgL Ik. t1~.55C Date 1/29188 Drawn By eeo' IIiVE~ CO'~INIT'Y PLANNING DEPARTMENT iCZ 51151TFI 23'1,42 ItEmMENDED' ZONING ~[ 4 R-1 ':'.lm lit-Ill I0 Ill-I & R-S "" _/If'~~ C, RLIF. II. ARTERI-~,,. I10' 9meant BUTT'B~IBJ} S'IIlliE lID. AR'rB~IAL I10' ~ e, I~. ~ Om eJ2~/ee 13tee el Ice :FVE::DiDE COurlC¥ PLYfir:dIG DEPA:ICITErlC APPLICATION FOR LAND USE AND DEVELOPMENT DATE~ December 17, ~987 CHANGE 04: ZONE NO. PARCEL MAP NO, P~OT PLAN NO INCOMPLETE A~ICA~ONS W~U, NOT BE aCCEFTED, A A/NNJCANT INFORMATION 1. A~o4e~nrsName: M~il~g 2, (~mefsName: Tele~qo~eN~: 3 Re~eee~atwe: TeeDhone NC~: JAN 12 1988 Pi,ANNING DEPA,m~FMENT COSTA CONSTRUCTION, INC. ~80 CAMZNO VIDA RUBLE, SUITE A, Carlshad, CA 92008 (619 ) 438-3833 Same as ibove. Rsncho PeciZic Bnqineerinq Corp. ,,~]780 Frcn= Street, Suite 9, Temecula, CA ( 714 ) 676-4024 (8&m-S~m.) 92390 B F~OJECTINFORMATION ,...,.....=C=:p,o,..,,: ,o..,_., ,., Subdiwid! into 20 single family lots. C PROP~R'TY INFORMATION I. MaaeuarsPm~e~NN,). 923-210-002 = General I~ltm {street Id~rela, I~.) iort~ of lancho California Road end Nest of Buttefrigid Stage Roa~ aancho-Te/eculm Portion A,....,dmeeGmeeAcf~ege: 6 Acres Legst ~ BMI exact le~ll ~elcf~p~b'q u ~ ~ N ~a ~ ~ ~n~ Rer). May ~ 8. ThoNsBro~Pa~No. end~rdia: Page 126-C-1 · G~~ _JIg ATTACHED L~TTER Of AUTBORZZ. ~ 12-17-87 ~.4NxRy~m~mpplcat~ ie hereygiven: ~I~NATURE O~ PROPfRTY OWNERS) 4080 LEMON STREET, eTM FLOOR 46-209 OASIS STREET, ROOM 304 RIVERSIDE, CALIFORNIA 92501-3657 INDIO. CALIFORNIA 92201 (714) 181-6181 i,.Fil~l 342-8277 Ca~,E NQ ! I0. ~FF USE ONLY ENVIRONMENTAL INFORMATION FORM PART h General Infm'mat~n PART II: En~mnn~l Queltlonnlinm 5, Is lee leNce 8vldliYMe at the Nte? Y~U NO f~ If "No," how/If must the water line(I) be exten~ecl to Imwi~e MN~O? PART IIh Addltlonll Mitedab The following ~ mull be Idimittl~ eh'th thil form: 1. At leeit ~ (3) benotlmic pftolngrllDhl (cekx Foil; oi the ;toiect litt Ix In levi{ p/~4o oi the Me If coior ;holo~rlDhs erie utilixe~ ie~Ju~e · ms~ 2- A clear 1=4~,_~::_%~y (Xerox ~' Similar CIXM oi the IDIxG~ale Ixxlion oi N U.S. Ge~iqic/I Survey Quid tangle %iVE2. iDi COUnt R.iFIrKi DEP, ulCfilEI APPLICATION FOR lIND UIE AND DIVELOPMENT INOOMPtFF[ AN~WATIONS WILa lOT Ii N:~tleTID a NaFUCaWT IklF~IMaI1QI/ 1. Ae~maefeNem8: COSTA CONSTRUCTION, XNC. JAN 12 W988 RIVERSIDE COUNTY R.ANNING D~'PARTMEHT MNml An~mM Teemmane N~' P4snmematm: kie,..~ Ue~u: Tales 1~.: 2380 ~AK}NO YZDA ROBLE, SUITE A, CARtSBAD, CA ( 714 ) 676-4024 9203e 9239C 8. FIIOJECT INFORMATION 1. Purpose0~Reque$1(etlcribeprolecl):(OrClmlnc$148rltno.) Change of Zone from R-R to R-I 1. Asse~ee'iF~elNe(s~ 923-210-002 I. liceion lancho Temecul~T~on d. A. pDfOUMIeGmMACaNe: 6 acres · G~TU~~ _ See ~etter of Authorization ~ 1-12-88 ~JGNATURE Of PROI~RTY OWNERS) I08OLEMON STREET, 9TM FLOOR 46-20~ OASIS STREET ROOt,' 3c RIVERSIDE CALIFORNIA 92501-3657 INDI0. CALIFORNIA 922; {T14) 7&74181 {6~9, 342.62 ' ENVI. RONIIENTAL INFORMATION FORM IllltolenllillllFbelwqgl)lelrtmlNat(?¼)?l?,$lll. III, RTi:~IIIItIIIdOl CAJEN~ t~ 22473 twent T~I R;,~,-,~? OFFICIAL HEARING NOTICE COUNTY ADM/NISTRATIYE CENTER, NZNTN FLOOR 4080 LENON STREET R/VERSZDE. CALZFORNZA 92501-3657 Roger S. Sireater, Planning Olrector A PUBLIC W. ARIIIG has been scheduled before the PLANNING D3144ISSION to constder the application(s) described belw. The Planning Departanent has tentatively found that the proposed proJect(s) =ill have no significant environmental effect end has tentatively completed negative declaration(s). The Planning Conntsston will consider vhether or not to adopt the negettve declaration along rlth the proposed project at this hearing. Place of Hearing: Board R~m, 14th Floor, 44380 Lemon Street, RIverside, CA Date of Hearing: iiEDNESDAY, SEPTEXBER 28, 1988 The ttme of heartng ts indicated vtth each appqtcatton 11sted below. Any person may submtt wrttten con~ents to the Planntng Department before the heartrig or may appear and be heard ¶n sup oft of or opposition to the adoption of t~e negative declaration and/or approva~ of thls project at the time of hearing. If you challenge In~ of the pro ects in court, you my be limtted to ratsing only those issues you or someone etse ralsed et the public hearing described In this notice, or ~ written correspondence delivered to the Planning Con~tsston at, or prior to, the publ¶c hearing. The environmental finding along with the proposed project application may be viewed at the publlc Information counter Nonda~ through Friday fr~n 9:00 s.m. until 4:00 p.m. CHANGE OF ZONE 5115, E.A. 32354, located In the Rancho California Area and First $upervtsorlel Otstrict ls an application submitted to amend Ordinance NO. 348, Riverside County Lend Use 0rdlnance. hid amendment would change Zone R-R (Rursl Residential) to R-1 (Single Family Owellfng) or other such zones as the Planntng Commission ma~ find appropriate for property generell. y described as north of Rancho Caltfornla Road, west ofJutterfteld~fage Road. AND VESTING TRACT HAP 23142, E.A. 32354, Is in application submitted by Costs Construct. ton, Inc.~ for property located tn the Rancho California Area end FIrst SuperviSorIll Dtstrfct vhtch proposes to dtvtde 6.0~ acres tnto 20 lots on property generally descrtbid is north of Rancho California Road, west of biterfield Stage Road. I'TNE OF HEARINg: 10:00 a.m. RANCHO CALIF- DEV. CO. P.O. BOX 755 TEMECULA, CA 92390 923-210-O08 923-210-014 VINEYARDS TRACT NO 20879 % COSTA CONSTRUCTION 2380 CAMINO VIDA ROBLE A CARLSBAD, CA 92008 ~:~8:8~a RANCHO CALIF. DEV. CO. P.O. BOX 755 TEMECULA, CA 92390 923-210-008 923-210-014 VINEYARDS TRACT NO. 20879 % COSTA CONSTRUCTION CARLSBAD, CA 92008 923-210-012 923-210-016 :liVE:biDE colJrlcu. PLAIIlli!I DEPak:IClTIErlC Amended E.A. 9-2-88 ENVIRONMENTAL ASSESSMENT FORM: STANDARD EVALUATION ENVIRONMENTAL ASSESSMENT (ELL) NUMBER: )2154 MODULE NUMBER(s): 119 I=ROJECT CASE TYPE(s)AND NUMBERS(a): VPsting Trart Nn. ?t147 ~nr{ rhange o~ Zone No, 5q15 APPLIC~ ~La, ME: rn~ta Construction, Inc, NAME OF PERSON(s) PREPARING E.A.: r-v-e0 Weal I. PROJECT INFORMATION A. DESCRIFTION (include Droposedminimum lot size and uses umpplicable): ~uh~ivi~inn oF A acres into 20 lots with a minimum of 7200 square feet. Chanqe of Zone from Rural - Residential (R-R} to one family dwelling residential (R-l) units B, TOTAL PROJECT AREA: ACRES F; 0 C. ASSESSOR'S PARCEL NO.(s): q?l-?l rl~01 5 D. EXISTING ZONING: R-R B THE PROpOSed. iN CONFORMANnE? N~ E. PROPOSED ZONING: R-q IS THEPROpOSALIN CONFORMANnE? YFS F. STREET REFERENCES: North o~ R~ncho California Road and Wcst of Butterfield Stage Road, G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: Portion of Rancho Temecula H. BREFDESCRIFTION OF THE EXISTINGENV1RONMENTAL SETTING OF THE PROJECTSITEAND ~S SURROUNDINGS: Vacant property in native grassess and brush. Surrounding area i~ currently vacant, but with rapid development occurrino to the west. IL COMPREHENSNE GENERAL PlAN OPEN SPACE AND CONSERVATION DESIGNATION Check ~te ~oproprtate option(a) below and proceed accordingly. }'1 All or part of the project site is in "Adopted SpeclfK; Pins," "REMAP" or "Rencho Villages Community Policy Areas". Complte Sections III, IV (B and C only), V Incl VI. rrl All or part of fie project site Is in "Arias Not Designated Is Open Space". Complete Sections Ill, IV (A, B anti D only), V and Vi. [] NI or part of the project site has an Open Space and Conservation designation other than those mentioned above. Complete Sectlonl Ill, N (A, B, and E only), V and IlL ENVIRONMENTAL HAZARD~ AND FIESOURCES A,S,SESSMENT A. Indic~henetu~thepr~ndu~c~terminK~fr~m~he~leK~p~q~n~f~undi~~~Figure Vt.3 (Clrci One). ~ kltormatjo~ II necessary to citerains Itm Ipprorffilte lind ule suitability ritings in ~ectio~ III.B. NA - NOt A4~ Crtticsl Ellentj/ Norrosa-High Risk ( Nonnil-Low Risk ) B. Indicie wffi~ · yes Cf} or no (N) whether any environrnent~ hlzard end/or remource irasues rnly signlfr..lnUy Iffect o~ be affected by 1he proOolaJ. All referenced figures art {x~t~ined in ~he Comprehef~vt Genersl PMn. For any tuue mm~ed yes Of) write ~ dlta _~,__"OBL mger~:i~s Oonsulted, findings of fact Ind any mltigitio~ measures under Section V. AJso, where indicated, ciegle the m,Opr',4,,~-ato lind u~e sul~lbilffi/or ~dle ~X~pt~Dility rlting(s). (~ee definitions 8t bottom of tail pigs). HAZARDS 1- N Aiqui~-Pricto Special Studies or County Fault Hazard Zone~(Fig. Vl.1) ( NA ) PS U R (Fig. %/I.3) 2, N Lk;luefactionPotentjalZone(Fig. Vl.1) (NA) S PS U R (Fig. VL4) 3 N Groundehaking Zone (Fig Vl.1} CLASS IT (NA) S PS U R (Fig. VI.5) 4, N Slcq)es (Riv. Co. 800 Scale Slope Maps) 5- N Lindslide Risk Zone (Ray. Co. 800 Scale Seismic MIp· or On-mite Inspection) (NA) S PS U m (Fig. ~.6) 6. N Rockfill H~zerd (On-its Inspection) 7. N Expansive Soils (U.S.D,A. ~oil Conservation Service ~oil Surveys) a. Y Erosion (U.S.D.A. Soil Conservltion 501LS Sen~ce Soil Sjrveys) ArC2 S- N Wind Erm~ion & Blowsand (Fig. VI.1.'RHE3 Oral. 460, Sec. 142 & Oral. 484) 10. I! Dam lnundmtion Aml(Fig. Vl.7) 11- N moodp~r~ (Fig. VI.1) (NA) U R (Fig. m~) RESOURCES 12. N Airport NOIse (Fig. 11.18.5, 11.18.11 & V1.12 & 1984 AJCUZ Report, M.A.F.B.) (N/I) A B C D (Fig, %/1.11) 13. N Railroad Noise (Fig. V1.13 - %/I.16) ( NA ) A B C D (Fig, VI.11} Highway Noise (Fig. Vt.17 · Vt.29) 14. N (NA) A S C D (Fig. Vl.11) 15. Other Noise NA A B C D (Fig, V1.1~) 16. ~4 Project Generated Noise Affecting Noise Sensitive Uses (Fig. VL11 ) 17. y Noise Sanaitiva Project (Fig. Vl.11) 18. N Air Quality Impacts FrOm Project 19. Y Project Sensitive to Air Quality 20. Jl Water QuNity Impacts From Project 21..1t Project Sensitive to Water Quality 22. N Hazardous Materials and Wastes 23. H Hazardoua Fire Area (Fig. VI.30-VI.31) 24. Other 25. Other 26- N Agriculture (F'mg. Vl.34 - Vl.35) 3t- N 21'. N In of Nee an Agricultural Prelen~ 3,3. Y (Ray. Co. Agmicultural Land Conversation :$4. y Contract Malx) 28. Y Wiidllfe(Fig. VI.36-VI3/) Stephen 's K-Rat 35. Y 2~. y VegetaUon(F~Q.~q38-V1~O) Potential 30 N Minered Remource~ (F~. Vt.41 - VI.42) 36, V 31- N_ Enemy Resoume~ (Fig. Vt.43 - VI,44) 37. Scenic Highways (Fig. %/!.45) Historic Resources (Rg. VI.32 - )/I.33) ArchleoiogicN Resour;es (Fig. Vt,32 - VI.33 & VI,46 - VI.48) Peleontological Resources Oaaleo~toiogiCat Resources Map) Definitions for land Use Suitability and Noise Acceptability Ratings NA - NOt Applicable S - Generllly Suitable PS - Proviaionafiy Suitable U - Generllly Unlultlble R - Reltrictecl A - Generally Acceptable B - Condltior~lly A4~eptlble C - Ge~erllly Unlcceptlble D - Land Use Discouraged N. lAND USE DETERMINATION 1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(S): Not designated as ODen Spare 2. LAN~ USE PLANNING ARF. k Snuthw~t TPrri tnry 3. SUBAREA~ IF ANY: l)~nrhn P,lifnrn(~/T~m~rula 4. COMMUNR'Y POLICY AREA, IFANY: Mt Palnmar r)h~rvatnry street lighting policies 5. COMMUNTTY PLAN, IF ANY: 6. COMMUNITY PLAN DESIGNATION(S), IF ANY: SUMMARY OF POUCIESAFFECTINGPFIOPOSAL: Futurp land II~p~ gpn,rally ratpgnry l or II with Category Ill in the outer portions. Ht. Palomar Observatory Policies apply as the property lies within their 30-mile radius. Low pressure sodium lighting and appropriate shielding should be implemented. B. For ~ll projects, inidcate with a Y~s (Y) or no (N) whether any public facilities and/or services issues may significantly affect or be affected by the prOpOSal. All referenced figures are contained in the Comprehensive General Plan. FOr any issue marked yes (Y), write data sources, agencies consulted, findings of fact, and mitigation measures under Section V. PUBLIC FACIUTIES AND SERVICES 1. N Dmutat~n(1r~.lV.l'lV.11.Di~ssin lO.N Sec. V Existing, Ptanned & Required Roads) 2. N BkeTrazls(Fig. N.12-1V.13) 11.N 3. N Wat~ (Ag~cy Leftre) 12. Y 4. N Sewer (Agency Lm) 13. N 5. N FireServ'._,c,_-_.___(F't.N.16-N.18) 14. N 6 N ShedlfServicesOr~lV.17-N.18) 7, Y SchoalsOr~g,N.17-N.18) 15, N 8- N SolidWa~e(F'~B,N,17-N.18) 18-N 9- N PartsandRecreetionF~g.N. lg-N20) 17, Equestrian Trails (Fig. IV.19 - IV.24/ Riv. Co. 800 Scaje Equestrian Trail Maps) Utilities (Fig. IV.25 - N.26) Libreriss (Fig. IV.17 - N.18) Health Services (Fig. IV.17 - IV.18) Airports (Fig. 11.18.2 - 11.18.4, 11.18.8 - 11.18.10 & IV2.7 · IV.36) Disssler Preparedness City Sphere of Inituence Other C. ff Ill Or part ol the projec~ is located in "Adopted SpeclfK:; Plans", "liEMAP' ~' "Rlnche Villages Commun~ Policy Aleas", review in detail the specific policies ipplying to the proposal, and complete the following: 1. Slate the relevant land use designation(N: 2. Based on this initial study, is the proposal consistent with the policies and designations of the appropriate document, 8nd therefore cortsistent with the Comprehensive General Ran? ~ not, explain: :' 'I N. I.i~lD USE Dr.~r, nMINAT!ON (¢ontlnued) D. ~}~1he~i8ct8~tei8in~z~8sn~tD~ign~ed~s~;~n~}~ce~ndi~n~t~m~~p~te queelions l, 2, 3, 6 and T, CcYnpiete Queettons4,5,6and71f it is in eCOmmunlty Ran, 1. Lind use c~ms) ._ne~__uny Io support Itm pf~ pmiect A~o Indicate land use bype {L~ fe~ideniiaJ, (xnnme~, elc.) C~t~gnry iT - R~iH~ntiA1 Cunant land use cstegory(ies) fe~ e~e ate based on exisUng conditions. (Le. residen~.,:m. com'nme~jak etc.) Category II - Also indicate land use type 3. It D.1 differs fTOm D.2, will U~e difference be resc4ved at ~e development stage? Explain: 5. Is the proposed project consistent ~ the Ix~icies and designations of the Community Plan? ff no(, explain: 6. Is the prowl ccxnpatible with existing end proposed surrounding land uses? If not, explain: Y;~ 7. Based on this hltill study, Is N proposal consistent with the Comprehensive General Plan? If not, reference by Section Ind Issue Number those issues identifying inconsistencies: Yes E If Ill o~ m of the project role is b an Open Space and Co~s~vation designation, complete the following: 1. $hd,. the designation(m): 2. Im ~e ~ ~-4ilenl wit ~e design,atk:~(m)? ff not explajn: 3. Based on this inl'6~l study, Is the prof~ consisent with the Comprehensive General Plan? ff not, reference by SecDon end Issue Number those issues identifying inconsistencies: v. INFORMATION 8OURCES, FINDINGS OF FACT AND MITIGATION MEASURES ADDITIONAL INFO RMAllON REQUIRED BEFORE ENVIRONMENTAL I~SMENT CAN BE COMPLETED: DATE ADEQUACY III B-28 llI B-34 SECTION/ INFORMATION NFONMATION INFOOMAllON IS~JE NO. REQUIRED REQUESTED RECEIVED Biological Report Archaeological Report 2-5-88 4-88 2-5-88 B. For each issue marka<l yes (Y) under S~-'tions III.B sad IV.B, identify the Section sad t~.ue number and clo the lollowing, in the format as shown below: 1. List all add~ relevant data tooureas, including agencies consulted. 2. State ell findings of fad regarding environmental cormcame. 3. State specific mltigatjon measures, tf identifiable without requiring sa environmental impact report (E.I.R.} 4. If edditionl information i~ required before the environmental assessment can be completed, refer to Subsaction A. ' 5. If additional ~heets are needed to complete this section, check the box It the end of the section and attach the necesaany shmm"tS. SECTION/ ISSUE NO. III B-B III B-17 SOURCES, AGENCIES CONSULTED, FINDINGS OFFACT, MITIGATION MEASURES: Mitigation for erosion shall occur throuqh slope landscaoing and DroDer erosion control technique during grading. There are no existing noise produces which will impact the site, some mitigation is proposed. III B-28&29 III B-33&34 III B-35 IZI B-36 IV IV B-12 Biological Report No. 189 prepared for this project found that Stephens Kangaroo rats inhabit the site. Development of the Site would result in the loss of this habitat, so therefore the project may have a sianificant effect on the enviroment. Requested information concerninq an archaeoloqical report has not been submitted for review. Potential Paleontolgical resources will require a Daleontoloqist be on site during gradfng activity. Mr. Palomar impacts mitigated by utilization of low pressure sodium lighting. Impacts to schools mitiqated thoruqh school fees. This project will be required to Day library mitigation fees. V. INFORMATION SOURCES, IqNINNG8 OF FACT AND MITIGATION MEASURES (~ontlnued) 8ECllON/ *III B- 28 & 29 *IIIB- 33 & 34 L SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MfflGATION MEASURES: After this E.A. was found to have a positive declaration, a focused EIR was requested to address Stephens Kanqaroo Rat impacts. Since the N.0.P. was issued. the County has established an interim nrogram for the mitigation of impacts to Stephens. Because the applicant will be required to participate in this program, including payment of $750 Dec dwellinq unit, it is determined that this project has mitiqated the potential impacts and that a negative declaration may be prepared. The Archaeoloqtcal Report orepared for this pro.iect was submitted for thi~ project. This report indicated no resource~ were found. so therefore no mitigation is necessary. See attached VI. ENVIRONMENTAL IMPACT DETERMINATION: The project will not have a lignlfiC, lnt effect on ~ environment end a Negmive Declaration may be The ~ could have 8 aignirr~nt effect On ~he environment however. them will not be a significant effect in them Case because the mitigation measures clemcribed in Section V have been applied to the pro~ end · Negative Declarltion my be prepared. CITY OF TEMECULA ) IT E VICINITY MAP ) r CASE NO.vl'r~'~,,-,z- P.C. DATE '~'~/~l CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Vesting Tentative Tract 231q2 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Paid in conjunction with underlying PM 19580. 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. 18h Condition No. 1 I City ) Condition No. 2 ( City ) Condition No. 7 ( Roads Division) Condition No. 20a Condition No. 15 Condition No. 14 Staffrpt\VTM231 ~2\mb 1 u, ITEM #5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: Tentative Parcel Map No. 26723 (TPM 26723) Prepared By: Charly Ray Recommendation: Planning Department Staff recommends that the Planning Commission: 1. ADOPT the Negative Declaration for Tentative Parcel Map No. 26723; and ADOPT Resolution No. 91- approving Tentative Parcel Map No. 26723 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Devadutt Sawh REPRESENTATIVE: Mr. Richard Heffner PROPOSAL: Residential subdivision of 10.7 gross acres into 4 parcels, approximately 2.5 acres each. LOCATION: South side of Santiago Road, approximately 3/4 miles west of Margarita Road. EXISTING ZONING: R-R ( Rural Residential ) SURROUNDING ZONING: North: R - R South: R-R East: R-A-2 1/2 West: R - R Rural Residential ) Rural Residential ) ResidentialAgricultural, 1/2 Acre minimum Parcel Size) Rural Residential ) PROPOSED ZONING: As existing. EXISTING LAND USE: Vacant/Native Scrub STAFFRPT\PM26723 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: North: Vacant South: Vacant/Low East: Vacant West: Vacant/Low Density Residential Density Residential Total Area: Average lot Size: Largest Parcel: Smallest Parcel: Existing Improvements: Access: Domestic Water: Electricity: Sewage Disposal: 10.7 gross acres+/- 2.5 gross acres+/- 2.9 gross acres+/- 2.5 gross acres+/- Rough-graded adjacent right-d-way ( Santiago and Lolita Roads) Rancho California Water Southern California Edison On-site septic system proposed Tentative Parcel Map No. 26723 (TPM 26723) was submitted to the City of Temecula Planning Department for consideration and processing on November 19, 1990. The proposal was initially reviewed by the City~s Development Review Committee ( DRC ) on December 20, 1990. Significant comments and concerns voiced at that time are as presented in the Project Analysis. The applicant proposes subdivision of 2 existing parcels totaling 10.7 acres into ~ parcels averaging 2.5+ acres each. The subject property is situated in the relatively rural southeastern portion of the City. Existing development in the project vicinity consists primarily of low density residential estate development. Much of the surrounding acreage is currently vacant. On-site vegetation is largely comprised of native grasses. A single mature tree exists on proposed Parcel No. u,. The site has been historically disturbed by human activity, as evidenced by vehicle trails adjacent to, and traversing the subject property. As such, it is unlikely the project site functions as significant vegetative or wildlife habitat. Beyond evident scrub vegetation, such sites are typically host to small populations of common rodents, lizards and insects. STAFFRPT\PM26723 2 ANALYSIS: Site topography consists primarily of a northeasterly facing slope, the toe of which terminates in a defined natural drainage course running parallel to the site~s Santiago Road frontage. Santiago Road itself constitutes the project site northern boundary. To the east the project site is bounded by Lolita Road. Neither the Santiago nor Lolita Road rights-of-way are improved adjacent to the proposed parcel map. Santiago Road is paved to 1/2 width standards within 0.6 mile of the project site. Development Review Committee concerns regarding this proposal, as referenced in the project "Background" were as follows: As initially designed, proposed Parcel No. 1 realized public access directly from the Santiago Road right-d-way. This right-d- way is planned for eventual improvement to secondary arterial status. As such, individual residential drive cuts accessing this road are incompatible with the intended traffic conveyance functions of the road, requiring elimination of the proposed Parcel No. 1 driveway. Map redesign was suggested, including provision of centralized, internal access to each parcel proposed. Redefinition of the 100-year inundation levels originally outlined on the tentative map was requested. Actual inundation subsequent to construction of Lolita Road as proposed will likely result in storm drainage ponding on the property immediately adjacent to the east. Ponding easement agreement( s ) from affected property owneris) will be required. Based on the map design currently proposed, off-site grading will be necessary to construct Lolita Road and Santiago Road. As with pondlng that affects adjacent properties (No. 2 above), easement(s) allowing off-site grading will also be required. Further, in compliance with City Engineering Specifications, a total of 66' utility road right-of-way dedication is required vs. the 60~ width initially proposed. STAFFRPT\PM26723 3 GENERAL PLAN AND SWAP CONSISTENCY: As with all "Schedule H" maps proposed in outlying and currently rural areas of the City, supporting improvements iparticularly road improvements) necessary to effect this subdivision may require substantial capital commitments from the applicant. Applicant responses to the concerns listed above are reflected primarily in the map design currently proposed (Exhibit D). The map, as presently conflgured, together with supporting documentation, notably requested off-site ponding/grading easement agreements, are included in the project staff report. Specifically, responding to Staff Comment No. 1 the map was redesigned to provide centralized common access to all proposed parcels via a public cul-de-sac (Road "A") connecting to Lolita Road. Lolita Road itself has been designed in concert with City Engineer concerns stated in Comment Nos. 3 and u,; additional right-of-way dedication ~66' total width is now proposed). Requested easement agreement{s) allowing necessary off-site grading and anticipated ponding on adjacent properties are presented in Attachment Nos. 5.1 and 5.2. ~ In summary, the proposed parcel map, tagether with the mitigation measures specified in the project Conditions of Approval, provide for development compatible with City land use and subdivision standards, ordinances and policies. Further, the Initial Environmental Assessment conducted for the project has determined its compliance with applicable sections of the California Environmental Quality Act {C.E.Q.A. ). As discussed in the preceding portions of this Staff Report, Tentative Parcel Map No. 26723 complies with applicable State and City land use and subdivision ordinances/policies currently in effect. Further, the map is compatible with the 5outhwest Area Plan ISWAP) guidelines for the subject property, which recommends residential development of 2 1/2 acre minimum parcels (Exhibit C) . Such guidelines will likely comprise the basis utilized in the currently developing City General Plan. STAFFRPT\PM26723 ~ ENVIRONMENTAL DETERMINATION: FINDINGS: Accordingly, it is likely that TPM 26723 will substantially conform to the City~s General Plan goals, objectives, and directives upon that plan's formal adoption. An Initial Environmental Assessment has been prepared for Tentative Parcel Map No. 26723 (TPM 26723); the analysis of which concludes with the finding that "although the proposed use could have a significant effect on the environment, there will not be a significant effect in the case under consideration because the measures specified in the project's Conditions of Approval mitigate significant potential adverse impacts." The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Parcel Map No. 26723. A Negative Declaration is recommended for adoption. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The project is consistent with applicable subdivision and land use ordinances, and conforms with the City~s Southwest Area Plan (SWAP) guidelines affecting the subject property. 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 project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 3~,8, L~60, California Governmental Code Sections 65000- 66009 (Planning Zoning Law), and Government Code Title 7, Division 2. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and STAFFRPT\PM26723 5 10. density. The project has access to public rights-d-way, and is designed with sufficient parcel acreages allowing appropriate building pad sltings. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 26723. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. Further, off-site easement agreements necessary to realize this project are provided as discussed in the project Staff Report, and evidenced in Attachments 5.1 and 5.2. The site for the proposed use is provided legal access via Santiago and Lolita Road public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on adjacent properties. Any necessary off-site construction activities affecting adjacent properties will occur only in concordance with easement agreements outlined in Attachments 5.1 and 5.2. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. STAFFRPT\PM26723 6 STAFF RECOMMENDATION: 11. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The Conditions stated in Attachment No. 2 are based in mitlgative measures necessary to reduce the severity of, or entirely eliminate potential adverse impacts of the project. 12. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. Planning Department Staff recommends that the Planning Commission: 1. ADOPT the Negative Declaration for Tentative Parcel Map No. 26723; and ADOPT Resolution No. 91- approving Tentative Parcel Map No. 26723 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. ~ CR:ks Attachments: 1. 2. 3. 5.1 and 5.2 6. R esol ution Conditions of Approval Environmental Assessment Exhibits A. Vicinity Map B. Zoning Map C. SWAP Land Use Designation D. Tentative Parcel Map No. 26723 Off-site Grading/Ponding Easement Agreements Development Fee Checkllst, TPM 26723 STAFFRPT\PM26723 7 ATTACHMENT NO. 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 26723 TO SUBDIVIDE A 10.7+/- ACRE PARCEL INTO ~, RESIDENTIAL PARCELS. THE PROJECT~S GENERAL LOCATION BEING: SOUTH SIDE OF SANTIAGO ROAD, APPROXIMATELY 3/u, MILE WEST OF MARGAR ITA ROAD. WHEREAS, Mr. Devadutt Sawh filed Parcel Map No. 26723 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 April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commissidn 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 theTemecula 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\PM26723 8 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 Parcel Map is consistent with the SWAP an~d 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. 26723 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\PM26723 9 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 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 ~o 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: STAFFRPT\PM26723 10 a) b) c) d) e) f) The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Parcel Map No. 26723. A Negative Declaration is recommended for adoption. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The project is consistent with applicable subdivision and land use ordinances, and conforms with the Cityis Southwest Area Plan ~ SWAP ) guidelines affecting the subject property. 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 project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. The proposed use or action complies with Cit~/ and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000- 66009 {Planning Zoning Law), and Government Code Title 7, Division 2. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreages allowing appropriate building pad sitings. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 26723. STAFFRPT\PM26723 11 g) h) i) j) k) The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. Further, off-site easement agreements necessary to realize this project are provided as discussed in the project Staff Report, and evidenced in Attachments 5.1 and 5.2. The site for the proposed use is provided legal access via Santiago and Lolita Road public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on adjacent properties. Any necessary off-site construction activities affecting adjacent properties will occur only in concordance with easement agreements outlined in Attachments 5.1 and 5.2. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The Conditions stated in the attached Staff analysis are based in mitigative measures necessary to reduce the severity of, or entirely eliminate potential adverse impacts of the project. STAFFRPT\PM26723 12 I) 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 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 effect on the environment, there will not be a significant effect in 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. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 26723 for the subdivision of a 10.7+/- acre parcel into ~, parcels generally located on the south side of Santiago Road, approximately 3/u, mile west of Margarita Road, subject to the following conditions: A. Attachment No. 2, attached hereto. SECTION PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. 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 15th day of April, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PM26723 13 ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 26723 Project Description: Proposed residential subdivision of approximately 10.7 qross acres into ~ parcels, averaqinq 2.5+/- net acres each. Assessor's Parcel No.: 9~5-140-006/007 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~60, Schedule H, 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 ~,60. The expiration date is April 26, 1993. 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. 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. STAFFRPT\PM26723 14 10. 11. 12. 13. The applicant shall comply with the flood control recommendations of the Riverside County Flood Control District contained herein. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance ~,60, 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 by the County Fire Department as referenced herein. The applicant shall comply with the recommendations outlined in the City Building and Safety Department Conditions of Approval contained herein. All proposed construction within the tentative map boundaries shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. The applicant shall comply with the recommendations outlined in the City Engineering Department Conditions of Approval referenced herein. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-A-2 1/2 zone district. 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 proposed slopes and landscaped areas until such time as those operations are the responsibilities of other parties as approved by the Planning Director. 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. STAFFRPT\PM26723 15 15. 16. 17. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulatlng fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the City Director of Building and Safety and/or City Engineering Department that all adjacent off-site manufactured slopes and proposed ponding area{ s) have recorded slope/ ponding easements and that maintenance responsibilities for such areas have been assigned as approved by the Director of Building and Safety and/or City Engineer. 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 paleontologlcal 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 developeris successor'~- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars I$100) per lot/unit shall be deposited with the City as mitigation for public library development. 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. Rod-mounted equipment shall be shielded from view of surrounding property. Building separation between all buildings including fireplaces shall not be less than ten {10) feet. e. All street side yard setbacks shall be a minimum of ten {10) feet. 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. STAFFRPT\PM26723 16 18o 19. 20. 21. 22. 23. The subdivider shall submit to the Planning Director an agreement with TCSD 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. ~,60. The agreement shall be approved by the City Council prior to the recordat/on of the final map. 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. 26723, which action is brought within the time period provided for in California Government Code Section 66~,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 any off-site property interests which may be required, 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 66u,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. 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 provlder. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. The applicant shall comply with the project Conditions of Approval specified by the Riverside County Environmental Health Service Division IEHSD) contained referenced herein. The applicant shall comply with the project Conditions of Approval contained in the requirements of the City Community Services District contained referenced herein. STAFFRPT\PM26723 17 25. Within forty-eight (~,8) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711. ~( d) ( 2 ) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 1~ Cal. Code of Regulations 15075. If within such forty-eight (u,8) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711 .~(c). Riverside County Fire Department 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: 26. Schedule "H" fire protection. An approved standard fire hydrant (6'x~,"x2 1/2" ) shall be located so that no portion of the frontage of any lot is more than 500 feet from a fire hydrant. Minimum fire flow shall be 1000 GPM for 2 hours at 20 PSI. 27. 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. 28. 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. Mitiqation 29. Prior to the recordat/on of the final map, the developer shall deposit with the City of Temecula, a cash sum of $~,00.00 per lot/unit as mitigation for fire protection impacts. All questions ragarding the meaning of conditions shall be referred to the Planning Division Staff. City Buildinq and Safety Department 30. Submit approved map to Building and Safety Department for addressing prior to Structural Plan review. STAFFRPT\PM26723 18 31. All building pad drainage shall comply with Ordinance u,57.57, Section 1. 32. Obtain clearances from Landuse and from Building and Safety Departments. Riverside County EHSD 33. The Environmental Health Services Division (EHSD) has reviewed the above Parcel Map and while we are not priviledged to receive any preliminary information relative to subsurface sewage disposal or connection to sewers or domestic water supply, it is our considered opinion that the soils that might be encountered in this area may not be conducive to the effective subsurface sewage diposal systems and because of soll characteristics in the area. there may be a requirement for extensive grading compaction, cutting, etc. Prior to recordation of the final map, an acceptable soils feasibility report shall be submitted for reiveiw and and approval by the Environmental health .Services Division. ( Sol Is percolation required ) When grading is required, the soils engineer must assume theoretical cuts, fills, compaction, etc. and perform the tests and borlngs at the necessary subsurface sewage disposal system depths. Prior to any qradinq, the soils engineer must provide a grading plan for review and approval which shall include and address the following: The proposed cuts and/or fills in the areas of subsurface sewag_e disposal system. The sewage system and it~s 100% expansion area placed in a natural undisturbed soil. The elevation of the individual building pads in reference to the elevation of the disposal system. On those projects where the grading plans are prepared by other than the person preparing the soils feasibility report, a statement must be included on the grading plan submitted for review and approval with the soils engineer's signature and seal as to the appropriateness of the grading with regard to the conclusions and recommendations set forth in the soils engineer's estimate by more than two feet, additional reports may be required. 35. A copy of the final grading plan, on a scale not smaller than ln=l.iO' maximum with detailed subsurface sewage disposal data to include 100% expansion. shall be submitted for review and approval. STAFFRPT\PM26723 19 City Community Services District 36. Subdivisions containing less than five ~5) parcels will be subject to the following condition: Upon request of a building permit for construction of residential structures on one or more of the parcels within four years following approval of a tentative map, parcel map, or planned development, real estate developmment, stock cooperative, community apartment project and condominium for which a tentative map or parcel map is filed, a predetermined Quimby Act Fee in the amount equal to the fair market value of required acreage (plus 20% for offsite improvements) shall be paid by the owner of each such parcells ) as a condition to the issuance of such permit as authorized by Riverside County Ordinance No. u,60 as amended through Ordinance No L~60.93. 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. It is understood that the Developer correctly shows all existing easements, travel .ed 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. 38. 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. 460. PRIOR TO RECORDATION OF THE FINAL MAP: 39. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; 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; CalTrans; and Parks and Recreation Department. STAFFRPT\PM26723 20 u,6. LI-7. q.8. 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. Santiago Road shall be improved with q3 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. 100 { 110'/861 ). Santiago Road improvements shall be extended offsite to connect with existing improvements tothe northeast of the project location. Transition paving shall be as directed by the City Engineer. Existing barricade shall be relocated to the northwesterly boundary line. Street "A" shall be improved with 36 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. 105, Section A (601/36'). Lolita Road shall be improved with 22 feet of half street improvement plus one 12~ lane within a dedicated right-d-way in accordance with County Standard No. 103, Section A (66V~u~). Alternatively, performance bonding for required street improvements may be posted. Such bonding shall be reviewed and approved by the City Engineer. Vehicular access shall be restricted on Santiago road and so noted on the final map with the exception of Public Street Intersections as approved by the City Engineer. Street "A" shall terminate in a cul-de-sac per Riverside County Standard No. 800. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage shall be required and shall be delineated or noticed on the final map. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. The developer, or the developeris successor, shall execute a current Public Facilities Agreement with the City of Temecula which provides for the payment of the sum of money per residential unit then established by Resolution of the City Council, prior to the issuance of any building permits for any individual lots. STAFFRPT\PM26723 21 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 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, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 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. L~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 mitigatidn 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. Street names shall be subject to the approval of the City Engineering Department. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. All street centerllne intersections shall be at 90 degrees or as appr ~ved by the City 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. A minimum centerllne street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 Icurb sidewalk). STAFFRPT\PM26723 22 60. 61. 62. 63. 6~. 65. 66. 67. 68. 69. All driveways shall be located a minimum of two (2) feet from the property line. The subdivider shall submit two ~2) 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 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The subdivider shall submit two ( 2 ) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 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. 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 shall be obtained from the affected property owners fc~r 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. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the City Engineer permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. ~,60 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivlder shall provide adequate facilities as approved by the Engineering Department. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The subdivlder 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. STAFFRPT\PM26723 · 23 PRIOR TO ISSUANCE OF GRADING PERMITS: 70. 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. 71. 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. 72. 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. PRIOR TO ISSUANCE OF BUILDING PERMITS: 73. 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. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 75. 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. 76. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 77. Asphaltic emulsion {fag seal) shall be applied not less than 1L) 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 9L~ of the State Standard Specifications. 78. 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/Nagative 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 STAFFR PT\PM26723 payment of fees in excess of those now estimated {assumlng benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Tansportatlon Enqineerinq PRIOR TO THE RECORDATION OF THE FINAL MAP: 79. An interim signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Lotita and Santiago Roads and shall be included in the street improvement plans. STAFFRPT\PM26723 25 ATTACHMENT NO. 3 CiTY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone Number of proponent: 5. 6. Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Devadutt Sawh 2961 Landscape Drive San Diego, CA 92139 December 6, 1990 CITY OF TEMECULA Tentative Parcel Map {TPM) No. 26723 II 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 Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X STAFFRPT\PM26723 26 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 STAFFRPT\PM26723 27 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 Ibirds, 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 STAFFRPT\PM26723 28 Yes Maybe No 10. 11o 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? 5ubstantlal depletion of any non- renewable natural resource? Risk of Upset. Will the proposal i n vol ve: 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 existin9 housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X X X X X X X X X X STAFFRPT\PM26723 29 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 facilities? 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 5TAFFRPT\PM26723 30 17o 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\PM26723 31 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 wildllfe 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? I 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 N._9o X X X X STAFFRPT\PM26723 32 III Discussion of the Environmental Evaluation 1.b. 1.C. 1.d. 1 .e,f. 1.g. 2.a-c. 3.a,b. No. Unstable earth conditions are not present on the project site. Activities are not proposed at sub-grade depths that could logically affect geologic substructures. Yes. Approval of this Tentative Map and eventual subsequent construction of additional residences will entail grading of the subject property. Proper mitigative measures are mandated as a requirement of building permit issuance, and will be addressed at that time. Limited scale of this project precludes significant impacts. No. Site-specific cut and fill activities are proposed. Preliminary grading plans indicate residential pad construction which respect hillside limitations. Proposed offsite grading shall comply with easement provisions specified by the City Engineer and/or City Building Official. No. Unique geologic/physical features are not present on the project site. No. Activities are not proposed that would logically result in significant modificationis) of onslte or offslte soil erosion patterns; including any possible erosion/deposition that might effect beach sands or siltation of local stream beds and/or lakes. No. The referenced hazards, e.g., earthquakes, mudslides, and ground failures, have neither currently nor historically been identified as relevant considerations potentially affecting development of the subject site. No. Residential subdivision resulting in potential construction of ~, single family dwellings is proposed. Logically, significant air quality impacts are not anticipated. Maybe. Development effect/rig localized drainage patterns is proposed, and site specific runoff patterns will likely change subsequent to development. Such development is subject to drainage mitigation measures in conjunction with the issuance of building permits and certificates of occupancy should construction of necessary improvements/residences be effected. Proposed offsite ponding shall comply with provisions specified by the City Engineer and/or City Building Official. Further, the applicant is required to comply with all relevant City Conditions of Approval referencing drainage studies, analyses and any necessary improvements effecting reoordation of the final map. STAFFRPT\PM26723 33 3.c. 3.d. 3.e. 3.f,g. 3.h. 3.i. I.I..b,d. 5.a. 5.b,c. Yes. The proposal includes drainage improvements and easement agreements adequate to convey and detain 100 year storm inundations as specified in the proejct Conditions of Project Approval. { Reference also Item 3.i. ) No. The project does not propose elements affecting standing surface water bodies. Maybe. As a result of eventual residential development of this subdivision, turbidity of offsite drainage may increase nominally. Incrementally, regional development of a similar nature may eventually adversely affect on surface water qualities to a noticeable degree. However, affects of this individual project will likely be unnoticed given its limited potential for residential development. No. Withdrawals or additions of significance, which might potentially affect ground waters is not proposed. No. Typical residential water consumption rates are expected assuming eventual buildout of this project. The four additional residences which may eventually be realized will not significantly affect regional water resource consumption nor overall availability of public water supplies. Maybe. The map is affected by an identified flood hazard potential, reference areas indicated as "subject to 100 year storm inundation."' However, as currently designed, lots are provided adequate area for siting of homes in locations not subject to these hazards. Further, proper conveyance of drainage is effected by City Conditions of Approval referencing drainage studies/improvements and offsite ponding easement agreements required of this proposal. Maybe. Eventual residential construction on the subject property will include grubbing of the site with the potential for introduction of foreign landscaping elements. Such improvements will likely contribute to overall visual project aesthetics with no discernable impact on regional vegetation. No. No rare vegetative species nor agricultural crops of significance are currently present on the subject property. Maybe. Common species (small rodents, insects and reptiles) which currently inhabit the project site may eventually be displaced with no impact on regional fauna populations. No. Unique animal species, nor habitat of significance are evident on the property in question. However, as with virtually all construction within the City, this project is subject to Kangaroo Rat Habitat mitigation fees as specified in the project~s Condition of Approval. STAFF R PT\ PM26723 6.b. 10.a,b. 11,12. 13.a,d. 13.b,c. Maybe. Should additional residences eventually be constructed, localized ambient noise levels should increase nominally, with no significant impact on area-wide aural qualities. Of greater significance will be noise generated during construction activities. These too, however, should have little or no impact beyond the immediate project confines. No. Elements generating intense noise levels are not proposed. No. Eventual construction of ~, residences which may result should contribute only nominally to existing levels of light and glare with no identifiable additional impacts. Further, any building permits issued will be conditioned to conform with applicable City lighting standards, regulations, and ordinances. No. Subdivision of the subject property is the logical precursor to residential construction activities, which represents a significant change in the site's currently vacant state. Limited scale of this proposal, and its compliance with applicable land use/zoning ordinances and building codes, precludes land use impacts of significance. No. Project approval has the potential to result in only 4 additional residences. Typical residential consumption rates for each new home is a logical assumption of eventual project buildout, with insignificant impacts on regional assets. ~ No. Storage and use of hazardous materials is not proposed; nor does the proposal lie within identified emergency response plan/evacuation movement corridors. No. As the project may result in eventual construction of 4 additional residences, strictly speaking, population density/distribution and regional housing assets will be altered, with no identifiable impacts. No. Eventual limited residential construction potentials cannot be considered a significant traffic generator. No impacts of import are anticipated which might logically affect existing regional transportation systems. Minor road realignments and improvements required are not considered significant on a regional scale. Maybe. Eventual construction of additional residences which may occur necessitates provision of additional off-street parking assets of nominal proportions and impacts. Further, proposed access indicated requires additional construction of improved roadways where currently none exist. Mitigation proposed includes roadway configurations respecting terrain limitations, e.g., gradient allowances appropriate vehicular design speeds and right-d-way improvements necessary to adequately convey auto traffic within and around the project site. STAFFRPT\PM26723 35 13.f. 1LLa-e. lq.f. 15.a,b. 16.a-f. 17.a,b. 18. 19. 20.a-d. 21 .a-d. Maybe. Potential increase in vehicular and pedestrian traffic at the project site may result in additional traffic mishaps. Accident potentials should not be noticeably affected on a regional basis. Yes. All development proposals, regardless of scale, potentially generate additional demands on public services. in this instance services most notably impacted are police and fire protection, public education, recreation facilities, and City road maintenance operations. Such impacts are largely mitigated through formation of assessment districts, developer fees, property taxes, and user fees. Fees required of this project prior to final approval are identified in Attachment No. 5. No. Other governmental services potentially impacted have not been identified at this time. No. Reference Item nos. 9.a. and b. No. Should residential construction eventually occur, nominal service line extensions for the utilities referenced will be required, with no impact of significance in area-wide utility capabilities. No. The project does not propose introduction of hazardous elements, nor is the proposal affected by existing, identified health hazard potentials. No. Typical, generic residential development, compatible with area- wide architectural and site design characteristics may eventually result. As such, no discernable impacts on City aesthetic qualities is anticipated. However, eventual residential construction may affect localized skyline/ridgeline features due to residential construction on proposed Lot Nos. 2 and 3. The scale of potential construction does not indicate visual impacts of significance. Maybe. Potential residential construction and occupancy may eventually contribute nominally to regional demand on recreation resources, which is partially mitigated by Quimby Act fees specified in the project~s Conditions of Approval. No. No project elements are proposed that would logically impact the referenced historic/cultural resources, nor are these assets currently present on the property in question. No. Reference Item Nos. 1-20. STA F F R PT\PM26723 36 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 NECATIVE 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 ENVIRONMENTAL IMPACT REPORT is required. X December 6, 1990 Date For CITY OF TEMECULA STAFFRPT\PM26723 37 ATTACHMENT NO. EXHIBITS STAFF R PT\ PM26723 38 CITY OF TEMECULA ) CiTY OF TEMECULA ) ZONE MAP ) CITY OF TEMECULA ) II SWAP MAP r, "-C CASE P.C. DATE ( CITY OF TEMECULA ) r CASE EXHIBIT NO. ~..c. DATE ATTACHMENT NO. 5.1 AND 5.2 OFF-SITE GRADINGIPONDING EASEMENT AGREEMENTS STAFFRPT\PM26723 39 ATTACHMENT NO. 5.1 Roy Kee 12062 Spencer Drive Garden Grove, CA 92641 March 14, 1991 Mr. Charly Ray CITY OF TEMECULA PLANNING DEPARTMENT 43180 Business Park Dr. Temecula, CA 92390 RE: TPM 26723 Dear Mr. Ray: This letter is in response to correspondence I received from your office regarding a public hearing that is scheduled for April 1, 1991, in consideration of Tentative Parcel Map No. 26723. I am the owner of the parcel of land located directly East (Parcel 4 of PM 8595 PM44/53-54) of the property being considered. I have spoken with Mr. Richard Herrnet (the representative for Devadutt Sawh) and reviewed the Tentative Parcel Map-that has been submitted for your review. ~leas~ be advised that, while I agree in principle with the proposed project being submitted, I do have a number of concerns regarding specific points of the proposal. I will be submitting my own proposal for building a single family residence on my parcel very soon. This proposal will be submitted with the intent of building a home with minimum or no improvement of Lolita Road (if approved). Access to my property would be gained by utilization of John Warner transitioning to Lolita Road, then East to my parcel. (See enclosed) 2. Enclosed is a copy of one of the early proposals submitted by Richard Heffner to your office for TPM 26723, I have two overriding concerns with regard to the proposal: Because I will be utilizing only the upper portion of Lolita Road for access to my parcel of property, I will not require improvement of Lolita Road as it comes off Santiago Road. Therefore, if Mr. Sawh seeks to improve that portion of Lolita Road, it should be at his expense. Mr. Charly Ray Page Two March 14, 1991 I am concerned with the degree my parcel of property must be cut hack to accommodate such a road. In the event Mr. Sawh elects to improve Lolita Road, and the City of Temecula deems it necessary to cut hack the area of my property in question (see highlighted portion of attached), I should not be required to plant and/or irrigate, at my expense, this sloped area for any purpose such as erosion control, aesthetics, etc. Any expense should be incurred by Mr. Sawh. I very much appreciate your consideration in this matter. If I can answer any questions, please don't hesitate to call me: (714) 539-7934 Residence (?14) 449-1161 Work Sincerely, Roy Kee cs Enclosures ATTACHMENT NO. 5.2 ( Unavailable As Of u,/8/91 ) Clarification, as necessary, re: Off-site easements affecting adjacent property owner ( APN 9U,5-1Lffi-009) to be provided at time of Public Hearing. STAFF R PT\PM26723 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tentative Parcel Map No. 26723 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan IK-Rat) Parks and Recreation { Qu imby ) Public Facility ( Traffic Mitigation ) Public Facility { Traffic Signal Mitigation ) Public Facility ~ Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 17 Condition No. 18, 36 Condition No. u,9 Condition No. 53 Condition No. 16.a. Condition No. 29 Condition No. 6 STAFFRPT\PM26723 q. 1 ITEM #6 Case No.: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Revised Conditional Use Permit No. 1090 Prepared By: Steve Jiannino Recommendation: APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: The Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Revised Conditional Use Permit No. 1090; and ADOPT Resolution No. 91- approving Revised Conditional Use Permit No. 1090 based on the analysis contained in the Staff Report and subject to the attached Condtions of Approval, Vedder Park Management Engineering Ventures 7 unit addition to an existing mobile home park. Eastern terminus of South General Kearny Road. R -R ~ Rural Residential ) North: SP 199 South: SP 199 East: SP 199 West: SP 199 Same. (Specific Plan No. 199) (Specific Plan No. 199) (Specific Plan No. 199) (Specific Plan No. 199) EXISTING LAND USE: Vacant A: CUP1090 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: ANALYSIS: North: Existing Mobile Home Park South: Golf Course East: Vacant West: Vacant Site: Additional Developed Area: No. of New Units Total No. of Units Total Dwelling Units/Acre: Current Dwelling Units/Acre: SWAP Designation: 38.8z~ acres 1.5 acres 7 units 191 units ~,.97 DU/AC ~,.85 DU/AC 2-~ DU/AC The County approved Conditional Use Permit No. 1090 in 1969. The project approval required the half-width dedication of South General Kearny Road of ~,u, feet. The Buie Corporation has requested the vacation of South General kearny Road in conjunction with development of Specific Plan No. 199. The vacation of South General Kearny Road gives the previously dedicated 44 feet back to the mobile home park. The park is requesting to revise the approved Conditional Use Permit No. 1090 to develop the area being vacated. The proposed project is for the addition of 7 mobile home units within an existing mobile home park. The construction area will involve approximately 1.5 acres which includes the vacated area of South General Kearny Road. The area is currently graded with the existing slopes being landscaped. The construction of the internal park's boundaries must conform to Title 25 requirements with inspection being completed by the State. The project has been reviewed at both the Pre and Formal Development Review Committees (DRC). The project was originally designed for 8 units, but to address the concerns of Staff, a unit was eliminated to provide a cul-de-sac at the end of the private street. The project has been conditioned to provide the street improvements on South General Kearny to provide a full cul-de-sac at the terminus of South General Kearny Road. A: CUP1090 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: CONCLUSION: FINDINGS: The existing mobile home park is developed at a density of u,.85 dwelling units per acre. The new proposal will increase the density to LL97 dwelling units per acre. The Southwest Area Community Plan {SWAP) designated the site as 2-4 DU/AC which is inconsistent with the current established land use. It appears that a General Plan density of 2-5 DU/AC would be appropriate to show the existing condition. The proposed project conforms to a land use density of 2-5 DU/AC. The current mobile home park is a senior complex and the required impact fees have been established to reflect the senior requirement for park residents. The project is consistent with the current development of the site and should therefore be consistent with the future General Plan under consideration by the City. The R-R {Rural Residential) zoning allows mobile parks provided a Conditional Use Permit is approved for the project. Thus, the proposed project is consistent with the zoning for the site. ~ An initial environmental study has been complete for the project and no significant impacts are anticipated with development of the site and a Negative Declaration is being recommended for adoption. The proposed project conforms to the existing mobile home project and has been designed to meet Staffis concerns. Staff is therefore recommending that the Planning Commission approve Revised Conditional Use Permit No. 1090. There is a reasonable probability that Revised Conditional Use Permit No. 1090 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 development is consistent with the existing zoning and surrounding development. A:CUP1090 3 There is not a likely probability of substantial detriment to or interference with the future Ceneral Plan, if the proposed use is ultimately inconsistent with the plan due to the fact that the proposed mobile home park expansion is consistent with the existing zoning, and the permitted uses of the surrounding area. The proposed use or action complies with State planning and zoning laws due to the fact that the proposed use complies with Ordinance No. 3~,8 with the Conditional Use Permit approval, and the action complies with State Planning Laws. 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 due to the fact that the proposed development complies with the standards of Ordinance No. 30,8 and Title 25. The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the project is consistent with surrounding development and has been conditioned to provide the necessary infrastructure for public health and welfare. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed expansion is consistent with the current mobile home park development and Specific Plan No. 199. 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 surrounding properties are also zoned residential or specific plan. A:CUP1090 4 10. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the vehicular improvements of the proposed development has been approved by the Traffic Engineering Staff. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project. 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. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Revised Conditional Use Permit No. 1090; and T ADOPT Resolution No. 91- approvin9 Revised Conditional Use Permit No. 1090 based on the analysis contained in the Staff Report and subject to the attached Condtions of Approval. SJ:ks Attachments: R esol ution Conditions of Approval Environmental Assessment A:CUP1090 5 ATTACHMENT 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING REVISED CONDITIONAL USE PERMIT NO. 1090 TO PERMIT THE ADDITION OF 7 MOBILE HOME UNITS TO AN EXISTING MOBILE HOME PARK LOCATED AT THE EASTERN TERMINUS OF SOUTH GENERAL KEARNY ROAD. WHEREAS, Vedder Park Management filed Revised CUP No. 1090 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Revised CUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Revised CUP on April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commissioh approved said Revised CUP; NOW, THEREFORE, THE PLANNING COMMISSION OF THE C)TY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 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:CUPI090 6 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, I 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 CUP meets the requirements s~t 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: e) There is reasonable probability that Revised CUP No. 1090 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. A: CUP1090 7 D. (1) 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. ( 2 ) The Planning commission, in approving the proposed Revised CUP, makes the following findings, to wit: a) There is a reasonable probability that Revised Conditional Use Permit No. 1090 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 development is consistent with the existing zoning and surrounding development. 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 the proposed mobile home park expansion is consistent with the existing zoning, and the permitted uses of the surrounding area. c) The proposed use or action complies with State planning and zoning laws due to the fact that the proposed use complies with Ordinance No. 3~,8 with the Conditional Use Permit approval, and the action complies with State Planning Laws. 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 due to the fact that the proposed development complies with the standards of Ordinance No. 3~8 and Title 25. e) The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the project is consistent with surrounding development and has been conditioned to provide the necessary infrastructure for public health and welfare. A: CUP1090 8 f) The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed expansion is consistent with the current mobile home park development and Specific Plan No. 199. 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 surrounding properties are also zoned residential or specific plan. h) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the vehicular improvements of the proposed development has been approved by the Traffic Engineering Staff. i) The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project. 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. 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 the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the city of Temecula Planning Commission hereby approves Revised CUP No. 1090 for the addition of 7 mobile home units to an existing mobile home park located at the eastern terminus of South General Kearny Road subject to the following conditions: A. Attachment 2. A: CUP1090 9 SECTION 4. PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. 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 15th day of April, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A: CUP1090 10 ATTACHMENT 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Revised Conditional Use Permit No: 1090 Project Description: Addition of 7 mobile home units to an existinq park Assessor's Parcel No.: 923-200-006 Planninq Department The use hereby permitted by this conditional use permit is for the addition of seven 17) mobile homes. 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 Revised Conditional Use Permit No. 1090. 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 baginnlng of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on The development of the premises shall conform substantially with that as shown on Conditional Use Permit No. 1090 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-of-way. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. A:CUP1090 11 10. 11. 12. 13. 1~,. 15. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated March 20, 1991, a copy of which is attached. 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 Rancho Water District School District Riverside County Flood Control Fire Department Eastern Municipal Water District No building permits shall be issued for any residential Iot/unlt within the project boundary until the developer, or the developer's successors-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 of Temecula Department of Building and Safety as mitigation for public library development. 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. 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) Ithe 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. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Prior to issuance of building permits, the applicant shall pay to the City all applicable Quimby Act fees or shall provide land in lieu of fees. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Within forty-eight {48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ( $1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4( d) ( 2 ) plus the Twenty- Five Dollar {$25.00) County administrative fee to enable the City to file the A:CUPI090 12 Notice of Determination required under Public Resources Code Section 21152 and lu, Cal. Code of Regulations 15075. If within such forty-eight {~8) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711 .q.(c). 16. No grading or building activity shall take place until the vacation of South General Kearny Road is completed and approved by the City Council. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 17. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: ~ San Diego Regional Water Quality; 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; CalTrans; and Parks and Recreation Department. 18. The developer shall submit two (2) 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 2~"x36" mylar and approved by a Registered Civil Engineer. 19. The developer shall submit two { 2 ) copies of a soils report to the Engineering Department. The report shall address the soils stability and gsolegical conditions of the site. 20. A Geological Report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. A: CUP1090 13 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 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. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters and approval by the City Engineer. 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. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office. 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. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. The subdlvider shall construct or post security and an agreement shall I~e 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, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping ~street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 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 drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review. A: CUP1090 31. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 32. A minimum centerline street grade shall be 0.50 percent. 33. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and qO1 Icurb sidewalk). 35. 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. 36. 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. 37. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 38. Construct street improvements including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights. 39. Private streets shall be improved with 25 feet of asphalt concrete pavement. An offset cul-de-sac using Riverside County Standard No. 800A as a guideline shall be designed and constructed at the terminus of the private street as approved by the City Engineer. The minimum design turning radius shall be 38 feet. General Kearny Road shall be improved with half street improvement plus one 12' lane within a dedicated right-of-way in accordance with County Standard No. 800A. Developer shall be reimbursed for these improvements by Tract No. 23371-8. A copy of the reimbursement agreement shall be provided to the City Engineer. Dedicate a 25 foot easement for public utilities and emergency vehicles access for all private streets and drives. 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 A:CUP1090 15 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. Buildinq and Safety Department Heritage Mobile Home Estates lies within the Jurisdiction of Housing and Community Development, 2038 Iowa Avenue, Riverside, CA 92507. Submit plans on lot site preparation showing underground utilities and complete plot plan to Housing and Community Development {HCD). All future mobile home installations will need permits for site preparation and set up. Permits will be issued out of the HCD office. Provide state clearance form signed by the City Engineer prior to issuance or installation of mobile homes. A:CUP1090 16 RIVERSIDE COUNTY FIRE DEPARTMENT 510 WEST SAN JACINTO AVBNUE · PBRR/S, CALIFORNIA 92370 0LBN L NEWMAN March 20, 1991 TOt City of Tamerule Plannin~ Department RE I CUP ~O~O Revise~ Amend #1 With respect =n =ha conditions of approval =ale=din8 the above referenced ploc plan, the Fire Department race~m'nends ~hs followin~ fire protection measures be prpvidad in accordance with Rive=aids county Ordinannes and/or recognized ~ire protection sCanaardel The water mains shall be a minimum oE 5" diameter and shall be capable of providi~ a pe~sn=£al ~ire flow QE 500 GPM ~or 2 hours ~uzation at 20 PSi residual operatin8 pressure. approved standard fare hydrants {6'x~'ex2~') shell be Located at alternate st=eeU inca=sections and spaced not more Char 330 feet apart i= any dlre~cion wi~h us p~ion of ~n7 lot frontage =ore char 165 ~eet ~rom a fire hyd:ant. Ap~llcan;/devcloper shall furnish one espy of the water sysCem plane c~e ~lre Dens=amen= for review. P~ans sh&11 c~uform to the ~ire hydrant types, Ices=Ion and spaclni, and, ~he system shall meet =he fire flow req~$remen=s. Plans a~sll be sl~ned/approved by a registered civil en~lnesr sn~ the local ware= company wl=h ~he followln~ ce=cifica~ion; "I car~l£y =ha= the des~Bn of the warm= system is in accordance wiuh zhe requirements prescribed by the Riverside County Fire Departmarc." ApplicanC/dsveloper shall be responsible to provide or show zhere exists conditions set forth by :he Fire Department. Prior to the issuance of buil~ln~ permits, the developer shall deposit with the CiCy of Tamsouls, · check or money order etual~n~ ~he sum of $~00.00 per unit as mitigation for fire protection impacts. This amount mus~ be submitted separately from the plan check review fee. Blue-deC reflectors shall be mounted in privaue streets and driveways to indicate location of fire hydrants. They shell be mounted in Che middle oE the street directly in line ~ich fire hydrants, 1090 Revised Amen~ #l condominlums, RV perks e~d mobile home parks will be al ~ollo~st ~T~_t~pL!! =ech co~ple~ shall have an illum~nete~ d~Sr4xmati~ representation O~ =he actual loTout which show~ name o~ ~om~l~x, all sates=l. ~uildi~ aislecaters, uni= numbers, and [ire hydrant !eeocions ~ithin the complex. Thlea directories shall be · miuimu~ ~'x4' in ~{mensio~ and loca~ma nex~ :o roadway access. All quaaLiens reSe=dlnX :he meaninS of cun~ic~one a~all be referred ~o ~he Planning an~ Enilneerln~ RAYI~O~D H. XEO13 Chief [l=e Department Flenne= AI . t C.a. .P No. Io /~R~. ~2. s-2oo-oo6 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT QUIMBY ORDINANCE /,/,9,ec,V / ~ The amount of land to be dedicated, or fees paid, shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of dwelling units by the number of persons per unit by the ratio of the number of acres of park land required for each 1,000 persons (i.e.,. 005). Credits given for proposed parks will be under the discretion of the Temecula Community Services District (TCSD) Director. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the fair market vaiue of any additional land that otherwise would have been required to be dedicated plus 20% for offsite improvements. For subdivisions containing 50 parcels or less only the payment of fees may be required; provided however, that when condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be less than 50. Less than 5 Parcels Subd'Msions containing less den five (51 parcels wll be subject to ~he following condRions: Upon the request of a budding permit for construclion of residential structures on one or more of the parcels within four years following approval of a tentative map, parcel map, or planned development, real etate dmm/opmmC slt~ck cooperaffve, community apartment proiect and condominium for which a tenta~ve map or parcel map is fled, a predetermined Quimby Act fee ~ ~he amount equal to the fair market value of requlred acreage (Plus 20% for offsite improvements) sha/I be paid by b~e oviner of each such parcel(s) as a cond'b to the issuance of such pern~t as aub~orized by P.~verside Comely Ord'a?ance No. 460 as amended f~rough b No. 460.93. The following chart has been prepared to assist staff in calculating requirements of the existing Quimby Ordinance: Dwellin~,s T__vpe Acres Required* l(ea) Single Family (Detached Garage) .01490 l(ea) l(ea) 2(ca) Single Family (Attached Garage) Mobile home Dwellings Units Per Structure .01295 .01320 3 or 4(ea) Dwelling Units Per SU'ucture .01240 5 or More DweLling Units Per Structure .01170 Plus 20% for offsite improvements. . CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Heritaqe Mobile Homes Estates, Ltd. Address and Phone Number of Proponent: 31130 South General Kearny Road Temecula, CA 92390 (714) 676-5113 Date of Environmental Assessment: March 15, 1991 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: CUP No. 1090, Revised No. I 6. Location of Proposal: South General Kearny Road east of La Serena Way 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 Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X A: CUP1090 17 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 N._9o X X X X X X X X X X X A: CUP1090 18 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 wildllfe habitat? Yes Maybe No X X X X X X X X X X A: CUP1090 19 10. 11. 12. Noise. Will the proposal result in: a. Increases in existin9 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 A: CUP1090 20 15. 16. 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 Alterations to waterborne, rail or air traffic? X Increase in traffic hazards to motor vehicles, b/cyclists 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 facilities? X e. Maintenance of public facilities, including roads? __ X f. Other governmental services: __ X Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? __ __ X b. Substantial increase jn demand upon existing sources of energy, or require the development of new sources of energy? __ __ X Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? __ __ X A:CUP1090 21 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? 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 A: CUP1090 22 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? 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 X X X A: CUP1090 23 I II Discussion of the Environmental Evaluation 1.8. 1 .c,d. 1.e. 1.f. 1.9. 2.a. 2.b. 3.a. 3.b. No. The site has been mass graded under a previous permit. No unstable earth conditions are known to exist on site. Yes. Construction and development causes the compaction and overcovering of the soil. Due to the relatively small scale of the project, it will not be a significant impact on the overall community. The project development will have to conform to City and State standards and will be inspected for compliance with grading and building permits which will be required prior to any construction. No. The site has been graded and no substantial additional impact will OCCUr, Maybe. Grading and construction activities can increase water and wind erosion. impacts will be mitigated by adherence to grading and building permits. No. No bodies of water are within close proximity to this site. Therefore, no erosion should take place in any bodies of water due to this project. No. The site is relatively flat and has been graded. There are rfo known geologic hazards on the site. Maybe. During grading and construction activity dust, dirt and vehicle exhaust will increase. This increase will be for a limited period of time and will also be mitigated by adherence to proper grading and construction activities. Grading and building permits must be obtained prior to any construction activities to monitor compliance with City and State standards. No. The proposed project is for the addition of 7 mobile spaces to an existing mobile home park and no activities are anticipated that would cause objectionable odors. No. The type and scale of the project is such that it should not affect air movement. No. The site has been previously graded and appropriate drainage facilities have been incorporated in the design. Maybe. The absorption rate and drainage pattern will be altered due to development, however, the size and scale of this project will not cause a substantial impact to the overall drainage pattern of the area. The site has been mass graded and the current pattern will be maintained. A: CUP1090 24 3.c,d,e. 3.f. 3.g. 3.h. 3.i. q-.a,b. u,.c. 5.a,b,c. 6.b. 7. No. The project has been designed to maintain the current existing drainage pattern. No bodies of water are within close proximity to the site and will not be affected by this development. No. The project has been graded and no major additional grading is anticipated. There should be no change in the direction of ground water flow. Maybe. Construction will cause overcovering of the soil which will affect absorption rates which will affect the quantity of ground water. This impact should be mitigated by the addition of irrigated landscaping which should add to ground water absorption. No. The project as proposed will not cause a major demand on the available water supply. No. The project is not within any known flood hazard zone. No. The site is already graded and non-native slope planting currently exists on site. Maybe. The project has been designed with landscape areas. The landscaping includes some drought tolerant native plants. The relative small area of the project will not cause any substantial impacts to the community. No. The site is not currently in agricultural production and has been graded. The site is surrounded by residential uses and golf course and does not have a potential agricultural use. No. The site has been previously graded which effectively eliminated any nati~/e species on the site. The area is within the K-Rat study area and the project will be conditionad to pay the appropriate K-Rat mitigation fees for the accumulative impacts to the endangered species. Maybe. Noise levels will increase for a limited time during construction. The small scaled the project and the limited time frame of noise activity would make this a non-significant impact. No. The project is a proposed small addition to an existing mobile home park and no severe noise levels are anticipated. Yes. The project will incorporate outside lighting. The project will be conditioned to have the lights hooded and directed away from adjoining properties. The project shall conform to the requirements of the Palomar Observatory regarding lighting. The required Conditions of Approval will mitigate any impact to non-significance. A: CUP1090 25 9.a,b. 10.a,b. 11. 12. 13.a. 13.b. 13.c,d,e. 13.f. 14.a-f. 15.a,b. 16.a-f. 17.a,b. 18. No. The area is zoned and guidelined by the General Plan for residential use. The project conforms to the planned uses and adjoining development. No. The project is a relatively small residential project and should not cause a substantial increase in use or depletion of natural resources. No. There is no anticipated use of materials which would cause an explosion or release of hazardous materials. The project is at the end of a cul-de-sac and should not cause any interference with emergency response. No. The project is a small residential proposal and will not affect population distribution. No. See Item No. 11. No. The project is a small residential proposal and therefore will not cause a substantial increase in vehicular movement. Maybe. The project will require increased parking demand. The site is designed to provide the necessary parking, as required by code, for the proposed use. No. See Item No. 13.a. Maybe. Most new development causes an increase in traffic which causes an increase in traffic hazards. These hazards will be mitigated by the project being constructed to City and State standards as approved by the City Engineer. Maybe. All new development causes impacts to City services and streets. These impacts will be mitigated by doing required improvements and paying fees where appropriate. No. This project is a small residential proposal and will not have a substantial effect on energy use. No. All required utilities are currently available within the area, This project will only have to connect to the existing improvements. No. The project is a small' residential proposal and will not pose a health hazard. No. The project does not block any designated view sheds and is designed to meet current City standards. The project is architecturally compatible with the adjacent existing mobile home park. A: CUP1090 26 No. The project is a small residential proposal and will not impact current recreational sites. The site is not designated as open space/ recreation on the SWAP. 20.a-d. No. The site has been graded and no cultural or historical material has been observed on site nor is there any indication that they would have ever existed on this site. 21 .a-d. No. This project will not have a significant environmental impact either short or long term due to project design and the Conditions of Approval being required for project approval. A: CUP1090 27 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 NECATIVE 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 ENVIRONMENTAL IMPACT REPORT is required. X March 15, 1991 Date For CITY OF TEMECULA A:CUP1090 28 CITY OF TEMECULA ZONE MAP ) CASE NO. CU~ iO~ P.C. DATE/""/-i-~"; ~[ CITY OF T'!~tECULA ) VICINITY MAP r CASE P.C. DATE ITEM ~7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: Plot Plan No. 155 and Administrative Plot Plan No. 125 {PPA 125) Prepared By: Steve Jiannino Recommendation: 1. DIRECT Staff to approve PPA 125; ADOPT Negative Declaration for Plot Plan No. 155; and ADOPT Resolution 91- approving Plot Plan No. 155 based on the Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Tomond Properties Markham & Associates 16,000 square foot retail center. Southern terminus of Bedford Court. C-P-S (Scenic Highway Commercial ) North: South: East: West: C-P-S (Scenic Hi9hway Commercial ) R-2-~000 ( Multiple Family Dwellin9, min. of ~,,000 square feet per dwelling unit) C-P-S (Scenic Highway Commercial ) Interstate 15 Same Vacant A:PP155 1 SURROUNDING LAND USES: PROJECT STATISTICS: North: South: East: West: Retail Center Condominiums Vacant, approved Interstate 15 Site Area: Building Area: Retail Area: Restaurant Area: Parking Required: Parking Provided: Load Zones: Handicapped Parking: Mobile Gas Station 1.8 acres 16,000 sq.ft. 11,500 sq.ft. ~,500 sq.ft. 110 spaces 116 spaces 2 3 spaces BACKGROUND: ANALYSIS: Plot Plan No. 155 The project site was originally approved for a motel. The motel use is no longer being pursued. The applicant therefore is requesting a new plot plan for a retail center on the site. The project was submitted to the City on August 30, 1990. The project was reviewed by the Development Review Committee {DRC) on October 11, 1990. The applicant was requested to provide additional information and to redesign the project by eliminating the dead-end parking being proposed. The applicant redesigned the project and submitted the additional information for a Formal Development Review Committee meeting of March 14, 1991. The redesigned project addressed Staff's major concerns and is being forwarded to the Planning Commission as a Public Hearing Item. The applicant has also submitted the monument signs proposed for the center in compliance with Planning Commission request to review freeway orlentated monument signs. This project proposes the construction of a 16,000 square foot retail center on a 1.8 acre site located at the southern terminus of Bedford Court, south of South Highway 79. The site is vacant and is surrounded by developed parcels to the north and south with the freeway to the west and an approved commercial project to the east. The site is designed with a retail building of 11,500 square feet backing up to a condominium development along the southeast portion of the site. A:PP155 2 The building is from 10 to 12 feet from the property line along the condominium site. This area of the building has no windows or doors and is a maximum height of 20, feet. With no openings in the building along the south side, this elevation will keep all activity out of the area between the building and the residential project to the south. The buffer area between the retail building and the residential development is one of Staff's concerns. StaffIs concerns can be mitigated by planting shrubs which will discourage people from loitering in the area. Staff is recommending that Kei Apple, Pyracantha, or some other suitable shrub be planted in the area between the retail building and the residential development. The site also contains a free-standing 4,500 square foot restaurant that backs up to Interstate 15. The majority of the parking is in front of the two buildings. The site is impacted by a drainage easement and sewer easement that cross the site. This issue has been addressed by relocating the sewer easement from the southern property line to the center of the site in order to allow the proposed retail building to be located closer to the property line. The site currently drains toward Interstate 15. The project has been conditioned to receive CalTrans approvals for any work done within their right-d-way or to increase drainage onto the CalTrans site. The Southwest Area Plan I SWAP) requires that the setback along scenic highways be 50 feet. This project proposes a building setback of only 25 feet. This site is the only remaining developable land between the residential development and Interstate 15 interchange with South Highway 79. The 25 foot setback is consistent with the setback established on the existing retail center to the north. It is Staff's opinion that the 25 foot setback would be sufficient in this case due to the circumstances stated above. Architecture This project is designed with the contemporary Spanish/Mediterranean theme. The building materials consist of stucco, roof tile, ceramic tile, exposed wood rafters, glass, and walkways. The architecture is consistent with the existing retail center to the north. A:PP155 3 ANALYSIS: Administrative Plot Plan No. 125 Administrative Plot Plan No. 125 is an application for two free-standing monument signs for the retail center. One of the proposed signs is a freeway orientated sign. The Planning Commission has requested to review all freeway orientated signs. The freeway sign is 35 feet high and contains a sign area of 178 square feet. The sign has been designed with materials to match those used in the construction of the retail center. The sign has a 20 foot high base with a 12 foot high sign area and a 3 foot top. Staff conducted a flag test for the proposed height and concluded that 35 feet would be an appropriate height. The sign would be very visible when heading south on Interstate 15, but the sign would be barely visible when heading north on Interstate 15 due to existing landscaping and the freeway off- ramp design. The current sign proposes a sign face of 178 square feet. The code allows a sign of a maximum height of 45 feet with a 150 square foot maximum sign area. The current sign panels would need to be a maximum of 3'6" instead of the u,'0" as shown. The current u,'0" is probably only 3'10" due to the spaces designed within the sign face. The project will have to be changed to increase the spacing to have a sign area of 3'6" per panel or a Variance application will need to be processed for the increased sign area. Staff is conditioning the sign so that the sign area is a maximum of 150 square feet, thus conformance to code requirements. GENERAL PLAN AND SWAP CONSISTENCY: The proposed project is consistent with the SWAP designation and the current zoning for the site of C-P-S. The project is consistent with commercial development to the north and the recently approved project to the east. Therefore, Staff finds it probable that the project will be consistent with the future General Plan being prepared by the City. A:PP155 4 ENVIRONMENTAL DETERMINATION: An Initial Environmental Study was performed for this project which determined that no significant impact would result to natural or built environment in the City because of the Conditions of Approval added to the project and a Negative Declaration has been recommended for adoption. FINDINGS: There is a reasonable probability that Plot Plan No. 155 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 commercial center is consistent with the existing zoning and the SWAP land use designation of Commercial. 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 the proposed commercial center is consistent with the existing zoning, the SWAP land use designation of Commercial and the existing development to the north. The proposed use or action complies with State planning and zoning laws due to the fact that the proposed use complies with Ordinance No. 3L~8 and the action complies with State Planning Laws. 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 due to the fact that the proposed commercial development complies with the standards of Ordinance No. 3~8. The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the Conditions of Approval require improvements to protect the public health and welfare. A:PP155 5 10. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed commercial development is consistent with the zoning ordinance and the existing adjoining commercial development. 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 surrounding properties are developed and the project is consistent with a development to the north. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the vehicular improvements for the proposed commercial center has been approved by the Traffic Engineering Staff and direct access exists to Bedford Court. 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 Conditions of Approval have been included for this project to mitigate against possible impacts. 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 in that the easements have been provided for as shown on the site plan marked Exhibit A. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: DIRECT Staff to approve Administrative Plot Plan No. 125 subject to the attached Conditions of Approval; A:PP155 6 ADOPT the Negative Declaration for Plot Plan No. 155; and, ADOPT Resolution No. 91- approvin9 Plot Plan No. 155, based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. OM: ks Attachments: 2. 3. 4. 5. A. B. C. D. E. F. Resolution Conditions of Approval (PP 155) Conditions of Approval ( PPA 125) Environmental Assessment Exhibits: Site Plan Exterior Elevations - Retail Exterior Elevations - Restaurant Landscaping Plan Elevations - Signs Location Map A:PP155 7 ATTACHMENT RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING OF PLOT PLAN NO. 155 TO CONSTRUCT A 16,000SQUARE FOOT RETAIL CENTER ON A PARCEL CONTAINING 1.8 ACRES LOCATED AT THE SOUTHERN TERMINUS OF BEDFORD COURT AND KNOWN AS ASSESSOR'S PARCEL NO. 922-210-0~2 WHEREAS, Tomond Properties flied Plot Plan No. 155 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 April 15, 1991, 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 DOE5 RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin,c/s. 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:PP155 8 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. Ib) 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 'ISWAP") 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 an~l 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 approving 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. 155 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. A: PP155 9 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. 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. 12) The Planning Commission, in approving of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 155 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 commercial center is consistent with the existing zoning and the SWAP land use designation of Commercial. 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 the proposed commercial center is consistent with the existing zoning, the SWAP land use designation of Commercial, and the existing development to the north. c) The proposed use or action complies with State planning and zoning laws due to the fact that the proposed use complies with Ordinance No. 3~,8 and the action complies with State Planning Laws. 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 due to A:PP155 10 e) f) g) h) j) the fact that the proposed commercial development complies with the standards of Ordinance No. 3~8. The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the Conditions of Approval require improvements to protect the public health and welfare. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed commercial development is consistent with the zoning ordinance and the existing adjoining commercial development. 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 surrounding properties are developed and the project is consistent with a development to the north. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the vehicular improvements for the proposed commercial center has been approved by the Traffic Engineering Staff and direct access exists to Bedford Court. 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 Conditions of Approval have been included for this project to mitigate against possible impacts. 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 in that the easements have been provided for as shown on the site plan marked Exhibit A. A:PP155 11 E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. 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 approves Plot Plan No. 155 to construct a 16,000 square foot retail center located at the southern terminus of Bedford Court and known as Assessor's Parcel No. 922-210-042 subject to the followin9 conditions: A. Attachment 2. SECTION ~,. PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. 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 15th day of April, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:PP155 12 ATTACHMENT 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 155 Project Description: 16,000 square foot retail center includinq a ~,,500 square foot restaurant. Assessor's Parcel No.: 922-210-042 Planninq Department The use hereby permitted by this plot plan is for a 11,500 square foot retail building and a 4,500 square foot free-standing restaurant pad. 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, it;s advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 155. 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 beginning of substantial utilization contemplated by this approval. This approval shall expire on The development of the premises shall conform substantially with that as shown on Plot Plan No. 155 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. A:PP155 13 11. 12. 13. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated October 9, 1990, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 5u,6 and the County Fire Warden's transmittal dated March 7, 1991, a copy of which is attached. The applicant shall comply with the recommendations set forth in the CaITrans transmittal dated March 12, 1991, a copy of which is attached. Prior to the issuance of grading or building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted tothe Planning Department for approval. The location, number, genus, species, and container size of the plants shall be shown. The irrigation plans shall include separate drip or hubbier system for trees and large shrubs. Plans shall meet all requirements of Ordinance No. 3~,8, Section 18.12, and shall be accompanied by the appropriate filing fee. The landscape plans shall include 5 gallon shrubs that will discourage loitering in the area between the retail building and the residential development, i.e., Kei Apple or Pyracantha. 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 ah entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. A minimum of 116 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. 116 parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with asphaltlc concrete paving to a minimum depth of 3 inches on ~ inches of Class II base. A minimum of three {3) handicapped parking spaces 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 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: A:PP155 14. 15. 16. 17. 18. 19. 20. 21. 22. "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 Rancho Water District School District Riverside County Flood Control Fire Department Eastern Municipal Water District 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 B and Exhibit C. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit B {Color Elevations) and Exhibit G {Materials Board). 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 six foot high decorative block wall from the highest grade shall be constructed along the southern boundary of the site. The required wall and/or berm shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. 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. A:PP155 15 23. 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. Four (~,) Class II bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. 25. Prior to the issuance of buildin9 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. 26. 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. 27. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 28. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 29. Within forty-eight {118) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711 .~,( d )(2 ) plus the Twenty- Five Dollar l$25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 1~, Cal. Code of Regulations 15075. If within such forty-eight (~,8) hour period the applicant/developer has not delivered to the Plannin9 Department the check required above, the approval for the project 9ranted heroin shall be void by reason of failure of condition, Fish and Game Code Section 711 .~(c). Department of Buildinq ~, Safety 30. Provide for a two-hour area separation wall with parapet or equal on Building "A" retail stores. A:PP155 16 31. Lighting on site and located on structures shall comply with Mount Palomar Lighting Ordinance No. 655. 32. Submit a Geological Report with structural plans at time of Plan Review process. School fees shall be paid to Temecula Unified School District prior to permit issuance. Provide clearance to the City for utilities which encroach across proposed sewer, easement or provide separate path for utilities out of easement on plot plan. 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. 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: 35. As deemed necessary by the City Engineer or his representative, 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; CalTrans; and Parks and Recreation Department. 36. The developer shall submit four I~) 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 2~,"x36" mylar by a Registered Civil Engineer. 37. The developer 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. A:PP155 17 38. 3~. 40. 41. 42. 43. u,5. 46. 47. A Geological Report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 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. 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. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. 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. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. A permit shall be required from CalTrans for any work within the following right-of-way. Interstate 15 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. b. Storm drain facilities. c. Landscaping {street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 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:PP155 18 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. 49. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 50. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains as determined by the City Engineer. PRIOR TO ISSUANCE OF BUILDING PERMIT: 51. 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 5oils Report addressing compaction and site conditions. 52. 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. 53. Prior to building permit, the subdivider shall notify the City~s C.A.T.V. Franchises of the intent to develop. Conduit shall be installed to C.A.T.V. Standards prior to issuance of Certificates of Occupancy. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: minimum centerline street grade shall be 0.50 percent. 55. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. 56. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and ~,01 (curb sidewalk). 57. 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. 58. Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. 400 and 401. 59. Existing sewer easement shall be vacated and relocated as directed by the City Engineer. 60. 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/Nagative 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 A:PP155 19 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. A:PP155 20 ATTACHMENT 3 CITY OF TEMECULA CONDITIONS OF APPROVAL Administrative Plot Plan No. 125 Planning Commission Approval Date: Expiration Date: Planninq Department 1. The appearance of the sign shall conform substantially with that shown in Exhibit A, except the sign display area shall be a maximum of 150 square feet. 2. The applicant shall obtain required building permits from the Department of Building and Safety. 3. Prior to issuance of a building permit, a landscape and irrigation plan shall be approved by the Planning Department around the base of the sign. This approval shall be used within one year of the approval date; otherwise it shall become null and void, and a new application will be required. A:PP155 21 Backqround 1. 2. 4. 5. 6. ATTACHMENT ~ CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Name of Proponent: Address and Phone Number of Proponent: Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Tomond Properties P. O. Box 2159 Escondido, CA 92025 (619) 489-0123 March 15, 1991 CITY OF TEMECULA Plot Plan No. 155, Terminus of Bedford Court, South of Hiqhway 79 II 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 Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X A:PP155 22 Changes in deposition or erosion of beach sands, or changes in siltatlon, 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, mudslldes, 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 A:PP155 23 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 A:PP155 24 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 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, pesticldes, 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: Ceneration of substantial additional vehicular movement? Yes Maybe No X X X X X X X X X X X A:PP155 25 Yes Maybe N__o 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 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? __ X b. Police protection? __ X c. Schools? X d. Parks or other recreational facilities? 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 A:PP155 26 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? 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 A: PP155 27 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? 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 X A:PP155 28 Ill Discussion of the Environmental Evaluation - Plot Plan No. 155 1o8. 1 .c,d. 1.e. 1.f. 1.g. 2.a. 2.b. 2.c. 3.a. 3.b. No. The site has been mass graded under a previous permit. No known unstable earth conditions are known to exist on site. Yes. Construction and development causes the compaction and overcovering of the soil. Due to the relatively small scale of the project it will not be a significant impact on the overall community. The project development will have to conform to City and State standards and will be inspected for compliance with grading and building permits which will be required prior to any construction. No. The site has been mass graded and no substantial additional impact will occur. Maybe. Grading and construction activities can increase water and wind erosion. Impact will be mitigated by adherence to grading and building permits. No. No bodies of water are within close proximity to this site. Therefore, no erosion should take place in any bodies of water due to this project. No. The site is relatively flat and has been mass graded. There are n'o known geologic hazards on the site. Maybe. During grading and construction activities; dust, dirt and vehicle exhaust will increase. This increase will be for a limited period of time and will also be mitigated by adherence to proper grading and construction activities. Grading and building permits must be obtained prior to any construction activities to monitor compliance with City and State standards. No. The proposed project is for a relatively small retail center and no activities are anticipated that would cause objectionable odors. No. The type and scale of the project is such that it should not effect air movement. No. The site has been previously graded and appropriate drainage facilities have been incorporated in the design. Maybe. The absorption rate and drainage plans will be altered due to development. The size and scale of this project will not cause a substantial impact to the overall drainage pattern of the area. The site has been mass graded and the current pattern will be maintained. A:PP155 29 3.c,d,e. 3.f. 3.g. 3.h. 3.i. q..a,b. q..c. 5.a,b,c. 6.8. 6.b. No. The project has been designed to maintain the current existing drainage pattern. No bodies of water are within close proximity to the site and will not be affected by this development. No. The project has been mass graded and no major additional grading is anticipated. There should be no change in the direction of ground water flow. Maybe. Construction will cause overcovering of the soil which will affect absorption rates which will affect the quantity of ground water. Any impact should be mitigated by the addition of irrigated landscaping which should add to the ground water absorption rate. No. The project, as proposed, will not cause a major demand on the available water supply. No. The project is not within any known flood hazard zone. No. The site is already mass graded and no plants currently exist on site. Maybe. The project has been designed to add landscape areas. The landscaping will include some drought tolerant native plants. The selective small scale of the project will not cause any substantial impacts to the community. ~ No. The site is not currently in agricultural production and has been mass graded. The site is surrounded by residential and commercial uses and does not have a potential agricultural use. No. The site has previously been mass graded which effectively eliminated any native species on the site. The area is within the K-Rat Study Area, and the project will be conditioned to pay the appropriate K-Rat Mitigation Fees for the accumulative impacts to the endangered species. Maybe. During construction activities, noise levels will increase for a limited time. The retail center is designed to provide a ten {10) foot buffer of only landscaping between the center and the residential use to the south. The back of the building will provide an adequate noise buffer. No. The project is a proposed small retail center and no severe noise levels are anticipated. A:PP155 30 9.a,b. lO.a,b. 11. 12. 13.a. 13.b. 13.c,d,e. 13.f. l~,.a,b,c. e,f. 14.d. 15.a,b. 16.a-f. Yes. The project will incorporate outside parking lot lighting. The project will be conditioned to have the lights hooded and directed away from adjoining properties. The project shall conform to the requirements of the Palomar Observatory regarding lighting. The required conditions of approval will mitigate any significant adverse impacts. No. The area is zoned and indicated on SWAP as a Commercial use. The project conforms to the planned uses. No. The project is a relatively small retail center and should not cause a substantial increases in the use or depletion of natural resources. No. There is no anticipated use of materials which would cause an explosion or release of hazardous materials. The project is at the end of a cul-de-sac and should not cause any inteFference with emergency response. No. The project is a small retail center and will not effect population distribution. No. See No. 11. No. The project is a small retail center and therefore will not cause a substantial increase in vehicular movement. Maybe. The project will require increased parking demand. The site is designed to provide the necessary parking, as required by code, for the proposed use. No. See No. 13. a. Maybe. Most new developments cause an increase in traffic which causes an increase in traffic hazards. These hazards will be mitigated by the project being constructed to City and State standards as approved by the City Engineer. Maybe. All new developments causes impacts to City services and streets. These impacts will be mitigated by doing required improvements and paying fees where appropriate. No. This project is a commercial project and will not impact parks or recreational uses. No. This project is a small retail center and will not have a substantial effect on energy use. No. All required utilities are currently available within the area. This project will only have to connect to the existing improvements. A:PP155 31 17.a,b. 18. 19o 20.a.b. 21 .a-d. No. The project is a small retail center and will not pose a health hazard. No. The project does not block any designated view sheds and is designed to meet current City standards. The project is architecturally compatible with the adjacent existing commercial center. No. The project is a small retail center and will not impact current recreational sites. The site is not designated as Open Space/Recreational on the Southwest Area Community Plan (SWAP). No. The site has been mass graded and no cultural or historical material have been observed on site nor is there any indication that any materials would have ever existed on this site. No. This project will not have a significant environmental impact either short or long term due to project design and the conditions of approval being required for project development. A: PP155 32 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 ENVIRONMENTAL IMPACT REPORT is required. X March 15, 1991 Date For CITY OF TEMECULA A:PP155 33 II VZV']d/S~IH~ IdVd ~ l i ," II VZV'~d IS~1:10 II VZV~d IB3BO BVd ..... / CITY OF TI~IECULA ) VICINITY MAP CASE ,0. PP P.C. DATE CITY OF TEMECULA ) ZONE MAP ) CASE NO. PP I P.c. oAT,: zl'l~ ITEM &~8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: Plot Plan No. 18, Revision No. 1 Prepared By: Oilvet Mujica Recommendation: 1. ADOPT Resolution No. 91- approving Plot Plan No 18, Revision No. 1. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Palmilia Associates Coombs-Mesquita, Inc. Construct a L~7,~,12 square foot shopping center on a 5.1 acre site. Northwest corner of Rancho California Road and Lyndie Lane. C-1/C-P ICeneral Commercial/Restricted Commercial ) North: R -3-~000 South: R -3-~000 East: C-1/C-P West: C - P Not applicable Vacant General Commercial No. of Buildings No. of Building Pads No. of Acres Total Square Feet No. of Parking Spaces Building Height 1 3 5.1 47,412 289 45 feet A:PP18-A BACKGROUND: On November 19, 1990, the Planning Commission approved Plot Plan No. 18, which was a proposal to develop the subject 5.1 acre site with 0,6,613 square foot shopping center, as follows: Building "A" - Restaurant (Pad) Building "B" - Bank (Pad) Building "C" - Retail 6,500 sq.ft. 0,,831 sq.ft. 35,282 sq.ft. On March 11, 1991, the applicant submitted Plot Plan No. 18, Revision No. 1 requesting to increase the total square footage of the shopping center from ~,6,613 to 0,7,0,12. On April 0,, 1991, Plot Plan No. 18, Revision No. 1, was reviewed by the Formal Development Review Committee (DRC); and, it was determined that the project, as designed, can be adequately conditloned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to conditions. PROJECT DESCRIPTION: Location This project is located on the northwest corner of Rancho California Road and Lyndie Lane, which is between Ynez and Moraga Roads. Project Plot Plan No. 18, Revision No. 1 is a proposal to develop the subject 5.1 acre site with a 0,7,0,12 square foot shopping center, as follows: Building "A" - Restaurant (Pad) Building "B" - Restaurant (Pad) Building "C" - Retail 7,203 sq.ft. 6,300 sq.ft. 33,909 sq.ft. The proposed development has been designed in accordance with the standards of the C-1/C-P ( General Commercial/Restricted Commercial ) zone. Staff has noted that under this request {Plot Plan No. 18, Revision No. 1 ), Buildings "A" and "B" are proposed as building pads only at this time. Therefore, Staff recommends that an approval for Plot Plan No. 18, Revision No. 1 should be for the site plan design (including Building pads "A" and"B" ) and the construction of Building "C" only; A:PP18-A 2 and that Buildings "A" and "B'' should be required to file a separate plot plan application for approval by the Planning Commission, in order to provide a means of review of the actual buildings. ANALYSIS: Traffic Impacts The Transportation Engineering Staff has reviewed and accepted the findings and mitigation measures as specified in the Traffic Analysis prepared for Plot Plan No. 18; and has determined that the proposed project will have a minimal impact to the existing road system and given the proposed mitigation measures, there will be no adverse unmitigable significant traffic impacts resulting from the development of this project. The Engineerin9 Staff has also determined that the proposed revision does not substantially increase the traffic impacts identified for Plot Plan No. 18. Access and Circulation Access into the proposed development from Rancho California Road is provided with a forty (40') fodt wide driveway; and from Lyndie Lane with a thirty (30') foot wide driveway. An internal, twenty-eight ~28~ ) foot wide driveway will provide access to the required off-street parking, as well as the proposed twenty-four (2Lt') foot wide driveway isles. Parkinq Two hundred, eighty-nine (289) parking spaces are provided, which exceeds the required 284 parking spaces under the Development Code I Section 18.12), as follows: Buildin9 "A" (Restaurant): Building "B" (Bank): Building "C" I Retail): 75 65 lu,4 Total Parking Spaces Required: 284 A:PP18-A 3 Project Desiqn The proposed revision does not include modifications to the previously approved building architecture, colors or materials. Landscapinq The proposed revision does not include modifications to the previously approved landscape design. GENERAL PLAN AND SWAP CONSISTENCY: The proposed project is consistent with the SWAP Land Use Designation of Commercial, which includes retail and restaurant uses. )n addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. ENVIRONMENTAL DETERMINATION: An Initial Study was performed for Plot Plan No. 18 which determined that although the proposed project could have a significant effect on th~ 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 was adopted by the Planning Commission. Since Plot Plan No. 18, Revision No. 1 will not result in additional impacts to the environment, the Planning Department Staff has determined that the project is exempt from CEQA under Section 15061 (b) {3). FINDINGS: There is a reasonable probability that Plot Plan No. 18, Revision No. 1 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 commercial center is consistent with the existing zoning and the SWAP land use designation of commercial. 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 A:PP18-A 4 to the fact that the proposed commercial center is consistent with the existing zoning. the SWAP land use designation of commercial, and the permitted uses of the surrounding area. The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed uses comply with Ordinance No. 3q8 and the action complies with State planning laws. 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, due to the fact that the proposed commercial center complies with the standards of Ordinance No. 30,8. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the Conditions of Approval include mitigation measures. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposed commercial center is consistent with Ordinance No. 3u,.8. 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 use is compatible with the surrounding land uses. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the Conditions of Approval include mitigation measure relative to 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 Plot Plan No. 18. A: PP18-A 5 STAFF RECOMMENDATION: 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. The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No 91 - approving Plot Plan No. 18, Revision No. 1 subject to the attached Conditions of Approval. OM:mb Attachments: R esol ution Conditions of Approval Exhibits A. Site Plan B. Elevations C. Floor Plans Planning Commission Staff Report Idated November 19, 1990) Planning Commission Minutes (dated November 19, 1990) Large Scale Plans A:PP18-A 6 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 18, REVISION NO. 1, TO DEVELOP A 47,412 SQUARE FOOT SHOPPING CENTER CONTAINING A 33,909SQUARE FOOT RETAIL BUILDING AND BUILDING PADS FOR A 7,203 SQUARE FOOT RESTAURANT AND A 8,500SQUARE FOOT RESTAURANT ON A 5.1 ACRE 51TE LOCATED ON THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND LYNDIE LANE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-310-011. WHEREAS, Palmilia Associates filed Plot Plan No. 18, Revision No. I 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 received a copy of the Staff Report regarding the Plot Plan; WHEREAS, the Planning Commission considered said Plot Plan on April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WH EREAS, at the conclusion of the Commission Hearing, the Commission approved said Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 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. A:PP18-A 7 (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. 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 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 Plot Plan No. 18, Revision No. 1 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. A:PP18-A 8 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. 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) ThePlanningCommission, inapprovingtheproposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 18, Revision No. 1 will be consistent with the City~s future General Plan, which will be completed in a reasonable time and ih accordance with State law, due to the fact that the proposed commercial center is consistent with the existing zoning and the SWAP land use designation of commercial. 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 the proposed commercial center is consistent with the existing zoning, the SWAP land use designation of commercial, and the permitted uses of the surrounding area o c) The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed uses comply with Ordinance No. 3L~8 and the action complies with State planning laws. 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, due A:PP18-A 9 to the fact that the proposed commercial center complies with the standards of Ordinance No. 3u,8. e) The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the Conditions of Approval include mitigation measures. f) The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposed commercial center is consistent with Ordinance No. 3L~8. 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 use is compatible with the surrounding land uses. h) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the Conditions of Approval include mitigation measure relative to 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 Plot Plan No. 18. 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 is compatible with the present and future development of the surrounding property. A:PP18-A 10 SECTION 2. Environmental Compliance. An Initial Study prepared for Plot Plan No. 18 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 was adopted by the Planning Commission on November 19, 1990. Plot Plan No. 18, Revision No. 1 will not result in additional impacts to the environment. Therefore, the project is exempt from CEQA under Section 15061(b)(3). SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Plot Plan No. 18, Revision No. 1 subject to the following conditions: A. Exhibit A, attached hereto. Resolution. SECTION ~,. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. 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 15th day of April, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:PP18-A 11 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 18, Revision No. 1 Project Description: ~,7,~,12 Square Foot Shoppinq Center on 5.1 Acres Assessor's Parcel No.: 921-031-011 Planninq Department The use hereby permitted by this plot plan is for the development of a 1~7,u,12 square foot shopping center containing a 33,909 square foot retail building; and building pads only for a 7,203 square foot restaurant l Building "A" ) and a 6,300 square foot restaurant (Building "B") on a 5.1 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. 18, Revision No. 1. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City df 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 J 2 ) years of the original approval date (November 19, 1990); otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two J2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on November 19, 1992. The development of the premises shall conform substantially with that as shown on Plot Plan No. 18, Revision No. 1 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-of-way. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. A:PP18-A 12 10. 11. 12. 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 (30) inches. A minimum of 289 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3L~8. 289 parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on ~, inches of Class II base. A minimum of 5 handicapped parking spaces 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 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 following additional plans shall be submitted for Planning Department approval: 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. A:PP18-A 13 13. 1~,. 15. 16. 17. 18. 19. 20. 21. 22. 23. 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 B {Color Elevations ). Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. No outdoor storage or trash, except the designated trash containers, shall be permitted. 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. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which i's based on the gross acreage of the parcels proposed for development. 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. 18 Class III 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. 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. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A:PP18-A 1~ All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 25. 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 66~,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. 26. A plot plan application for the development of Buildings "A" and "B" shall be submitted for review and approval by the Planning Commission prior to the issuance of any building and/or grading permit. 27. In the event the use hereby permitted ceases operation for a period of one ( 1 ) year or more, this approval shall become null and void. 28. A minimum of four ~4) loading spaces shall be provided in accordance with Section 18.13, Riverside County Ordinance No. 348. Riverside County Fire Department 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: 29. 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 5~6. 30. Provide or show there exists a water system capable of delivering 2,250 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. 31. A combination of on-site and off-site super fire hydrants, on a looped system 16"x~"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 hydrantis) in the system. A:PP18-A 15 33. 34. 35. 36. 37. 38. 39. 4O. 41. u,2. 43. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Install a complete fire sprinkler system in all buildings requiring a fire flow of 1,500 GPM 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 buildingl 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. In lieu of fire sprinkler requirements, building{ s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505(e) of 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 3314l 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. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. 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. A:PP18-A 16 Install a hood duct fire extinguishing system. Contact a certified fire protection company for proper placement. Plans must be approved by the Fire Department prior to installation. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering Staff. Health Department The Environmental Health Services has reviewed Plot Plan No. 6 and has no objections. Sanitary sewer and water services are available in this area. Prior to building plan submittal, the following items will be requested: "Will-serve" letters from the water and sewering agencies. If there are to be any hazardous materials, a clearance letter from the Environmental Health Services Hazardous Materials Management Branch (Jon Mohoroski, 358~5055), will be required indicating that the project has been cleared for: Underground storage tanks. Hazardous Waste Generator Services. Hazardous Waste Disclosure (in accordance with AB 2185). Waste reduction management. Buildinq and Safety Department The applicant shall fill out an application for final inspection. Allow two (2) weeks processing time to obtain all required clearances prior to final inspection. 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: As deemed necessary by the City Engineer, or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; A:PP18-A 17 49. 50. 51. 52. 53. 54. 55. 56. 57. City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. Street improvement plans including parkway trees and street lights prepared by a Registered Civil Engineer and approved by the City Engineer shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of existing utility facilities within the right-of-way. The developer shall provide clearance from all applicable agencies and pay all fees prior to the approval of plans. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Concentrated dralnageflows shall not cross sldewalks. Under sidewalk drains shall be installed to City Standards. 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. The final grading plans shall be completed and approved prior to issuance of building permits. A detailed drainage study will be required to be submitted to the City Engineer for review and approval. This study shall be prepared by a registered Civil Engineer and shall include existing, interim, and proposed conditions, including hydrolegy and hydraulic calculations. The drainage study shall also address the capacity of existing downstream systems within Parcel Map No. 23687, and a secondary overland drainage escape route. Provide a letter from the property owner of Parcel 3 of Parcel Map No. 23687 that they will accept the proposed drainage into their property or provide a storm drain system along the northeast property line that will discharge the site drainage onto Lyndie Lane. A:PP18-A 18 58. 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. 59. 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. 60. As determined from the drainage study, the developer shall construct or enlarge offsite drainage facilities to mitigate any increase or diversion of existing flows from the project site into adjacent downstream properties. Adequate drainage easements shall be secured if needed. Mitigation shall be as directed by the City Engineer. PRIOR TO BUILDING PERMIT 61. All work done within the City right-of-way shall have an encroachment permit. 62. 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. 63. 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, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 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. 65. Lyndie Lane shall be improved with a minimum 37 feet of part width street improvements within the dedicated right-of-way in accordance with County Standard No. 111 156'/78'). 66. 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 ElR/Nagative 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 A:PP18-A 19 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 lassuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. 67. The street design and improvement concept of this project shall be coordinated with adjoining developments. Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: 68. A signing and striping plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for Lyndie Lane and Rancho California Road with transitions, and shall be included in the street improvement plans. 69. Plans for a traffic signal shall be designed by a registered Traffic Engineer and approved by the City Engineer for the intersection of Rancho California Road and Lyndie Lane and shall be included in the street improvement plans with the second plan check submittal. 70. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer and shown on the street improvement plans along Rancho California Road from Lyndie Lane east t'o Moraga Road. 71. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 72. All signing and striping shall be installed per the City requirements and the approved signing and striping plan. 73. The traffic signal at Rancho California Road and Lyndie Lane shall be installed and operational per the City requirements, special provisions, and the approved traffic signal plan. All traffic signal interconnects shall be installed per the City requirements and the approved plan. 75. The developer shall be responsible for constructing the raised median on Rancho California Road from Via Las Coilhas east to Lyndie Lane. 76. No median break for the main driveway on Rancho California Road shall be provided. A:PP18-A 20 77. 78. 79. 80. 81. The eastbound to northbound left turn pocket on Rancho California for Lyndie Lane shall be designed and constructed to provide a 120 foot transition and 200 feet of storage capacity. The center line of the driveway access from Lyndie Lane shall be 285 +/- feet from the center line of Rancho California Road. The developer shall design and construct half width street improvements including but not limited to curb, gutter, center median and asphaltic concrete paving for the south side of Rancho California Road west of Lyndie Lane from existing improvements easterly through the intersection, providing an adequate transition to match existing improvements as approved by the City Engineer. In the event that the improvements on the south site of Rancho California Road from existing curb and gutter easterly through the intersection with Lyndie Lane are not already constructed by the Margarita Villages Benefit District prior to occupancy, the developer shall construct these required off-site improvements on Rancho California Road as approved by the City Engineer. The developer may enter into a reimbursement agreement with the City for the full cost of the design and construction of these road improvements. The developer shall design and construct the signal at the intersection of Rancho California Road and Lyndie Lane and may enter into a reimbursement agreement with the City for ~8% of the total cost of this signal from the future development of the 6.12 acre parcel to the south of this intersection which may utilize this signal for access as specified in the addendum to the Traffic Study dated October 9, 1990 prepared by Robert Kahn, John Kain and Associates. A:PP18-A 21 It j, jl i I I iI Case Prepared Recommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 19, 1990 Plot Plan No. 18 Lot Line Adjustment No. 9 Oilvet Mujica 1. Adopt Negative Declaration 2. Approval APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Palmilia Associates Coombs-Mesquita, Inc. Construct a 0,6,613 square foot shopping center on a 5.1 acre site. Northwest corner of Rancho California Road and Lyndie Lane. C-I/C-P (Ger~eral Commercial/Restricted Commercial ) North: R -3-~000 South: R -3-qO00 East: C-1/C-P West: C - P Not applicable Vacant General Commercial No. of Buildings: No. of Building Pads: No. of Acres: Total Square Feet: No. of Parking Spaces: Building Height: 1 3 5.1 0,6,613 286 0,5 feet STAFFRPT\PP18 1 BACKGROUND: Status Plot Plan No. 18 was submitted to the City of Temecula on April 27, 1990. On June lu,, 1990, this project was reviewed by the Preliminary Development Review Committee t Pre- DRC) in order to informally evaluate the project and address any concerns, as well as suggesting posslbie modifications. The comments by the Pre- DRC included the following: 1. Traffic impacts 2. Circulation 3. Off-Site Improvements ~,. Grading 5. Building Pads A and B 6. Loading 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 September 27, 1990, Plot Plan No. 18 was reviewed by the Formal Development Review Committee {DRC); and, it was determined that the prc~ect, as designed, can be adequately conditioned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to condFtlonS. PROJECT DESCRIPTION: Location This project is located on the northwest corner of Rancho California Road and Lyndie Lane, which is between Ynez and Moraga Roads. Proiect Plot Plan No. 18 is a proposal to develop the subject 5.1 acre site with a u,6,613 square foot shopping center, as follows: Building "A" - Restaurant Building "B" - Bank Building "C" - Retail 6,500 sq.ft. u,,831 sq.ft. 35,282 sq.ft. STAFFRPT\PP18 2 The proposed development (site plan and Building "C") has been designed in accordance with the standards of the C-I/C-P (General Commercial/Restricted Commercial) zone. Staff has noted that under this request (Plot Plan No. 18), Buildings "A" and ."B" are proposed as buiidlng pads o~ly at this time. Therefore, Staff recommends that an approval for Plot Plan No. 18 shouki be for the site plan design (including Building Pads "A" and "B" ) and the construction of Building "C" only; and that Buildings "A" and "B" should be required to rite a separate plot plan application for approval by the Planning Commission, in order to provide a means of review of the actual bultdlngs. ANALYSIS: Traffic Impacts The Transportation Engineering Staff has reviewed and accepted the findings and mitigation measures as specified in the Traffic Analysis prepared for Plot Plan No. 18; and has determined that the proposed project will have a minimal impact to the existing road system and given the proposad mitigation measures, there will be no adverse unmitigable significant traffic impacts resulting from the development of this project. Access and Circulation Access into the proposed develepment from Rancho California Road is provided with a forty (t0') foot wide driveway; and from Lyndie Lane with a thirty 130' ) foot wide driveway. An internal, twenty-eight ( 28' ) foot wide driveway will provide acc~ to the required off-street parking, as well as the proposed twenty-four (2~,') foot wide driveway isles. Although both the Engineering and Traffic Engineering Staff have determined that the applicant~s proposed acc~ and circulation are accept-hie, the Planning Staff is concerned with the proposed drive-thru for future Building Pad due to its potential conflict with the driveway from Lyndie Lane and the proposed loading dock for Building "C". STAFFRPT\PP18 3 Parking Two hundred, eighty-six 1286)parking sparP~ are provided, which exceeds the required 260 parking spaces under the Development Code { 5ectlon 18.12), as follows: Building "A" I Restaurant): Building "B" ( Bank ): Building "C" (Retail): 77 18 165 Total Parking Spaces Required: 260 Loading According to Section 18.13 of the Development Code, based on the total square footage of q6,613, the proposed project is required to provide four loading spaces. However, the appllcant~s proposal provides only one I1 ) loading space. Therefore, the appllcant must provide three 13) additional loading spaces. This issue was discussed at the DRC meeting; at which time, the applicant indicated that since most of the deliveries are provided with utility type vehicles li.e., UPS, Federal Expr~, etc.) that can adequately park in the standard parking spaces, the project did not warrant additional designated loading spaces. In addition to the fact that the Development Code specifically requires four I u, ) loading spac~ for this project, Staff is concerned with the potential number of delivery vehicles that could occupy the customer designated parking spacE, at one time, in which Staff has noted the potential for twenty- seven 127 ) different tenants on the site. Therafore, Staff would suggest that the applicant should provide three (3) additional loading spaces, this could be accomplished by converting six i6) of the standard parking spaces. Gradinq and Landform Alteration The subject property slopes down towards the north from Rancho California Road with a grade differential of approximately forty J ~,0* ) feet. The existing grade, along Rancho California Road, is approximately ten ~10t) fee above the street. STAFFRPT\PP18 ~ As proposed, the project requires a ma~ grading of the subject property in order to provide a level site. With this, the proposed floor elevation are between approximately twenty ( 20' ) to thirty ( 30' ) feet above the adjoining northeast and northwest properties. As a result of the proposed grading, a twelve 112') foot high crib wall is proposed along Lyndie Lane. Erosion Control All graded slopes are proposed to be planted with Disneyland ice Plant, at 12" on centers, or another approved ground cover. In addition, twenty-eight ~28) 15 gai|on red ironbark trees will be planted, as well as the following shrubs: Indian Hawthorn {17), Mock Orange 922) and Xylosma 168). All slopes wlil have permanent irrigation systems. Crib Wail Plantinq The applicant proposes the following: Plant every other crib wall cell with two (2) rooted cuttings of Lonlcera Japonica - Japanese Honeysuckle from fiats along the entire crib walls. In .addition, p|ant at top and bottoa~ of crib wails with one (1) gallon Ficus Pumila - Creeping Fig at 8'-0" on center spacing. Crib wall planting will have permanent irrigation systems. Project Desiqn The contemporary architectural style of Building "C" features a multi-level roof and panpat design, along with a pedestrian arcade which is provided through the use of arches and columns. The proposed building utilizes the following materials: Exterior Stucco - light l Pebble) and medium { Desert Wind) tan. 2. 2-Piece Mission Tile - Custom Blend. 3. Natural Stone. Mexican "Mission" Wall Tile. STAFFRPT\PP18 5 5. Accent Wall Tiles Aquamarine and Lavender. 6. Aluminum Storefront - White Finish. 7. Wood French Doors - P.ainted White. 8. Fabric Awnings - Aquamarine. After reviewing the applicant~s exterior elevations. Staff has determined that the proposed project design is compatible with the surrounding commercial developments and will not be visually detrimental to the neighboring residential properties. Landst. ape Landscaping is provided throughout the site. in which the proposed 29~ |andscaping for the site exceeds the required 10% under the Development ' Code. Staff has determined that the proposed landscape design is acceptable. Staff has noted that Building Pads "A" and "B" will be hydroseeded with turf until such pads are developed. in addition. a detailed |andscape plan will be submitted for approval by the Planning Department prior to the issuance of building permits. GENERAL PLAN AND SWAP CONSISTENCY: The proposed project is consistent with the SWAP Land Use Designation of Commercial. which includes retail. bank. and restaurant uses. In addition. Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. ENVIRONMENTAL DETERMINATION: An Initial Study was performed for this project which determined that although the proposed project could have a significant effect 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 recc,,,,ended for adoption. STAFFRPT\PP18 5 FINDINGS: There is a reasonable probability that Plot Plan No. 18 will be consistent with the City's future General Ran, which will be completed in a reasonable time and in accordance with State law. 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. The proposed use or action compiles with State planning and zoning laws. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, acc-~% and intensity of use. The project as designed and condltioned will not adversely affect the pubilc health or welfare. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates 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 has acceptable acc*~ to a dediceted right-of-way which is open to, and useable by, vehicular traffic. 10. The project as designed and condltloned will not adversely affect the built or netural environment as determined in the expanded initial study performed for this project. The design of the pro}oct 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. STAFFRPT\PP18 7 11. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Lot Line Adjustment No. 9 Discussion During their review of Plot Plan No. 18, the Engineering Department Staff noted a discrepancy in the westerly property boundary, in which a lot line ad}uslu~ent approval is required by the Planning Commission prior to the Commission's approval of Plot Plan No. 18. Lot Line Adjustment No. 9 has been reviewed by the Engineering Department Staff and has been determined to comply with the Subdivision Map Act. In addition, the Planning Departnent Staff has also reviewed Lot Line Adjustment No. 9 and has determined that it meets all the requirements set forth in Ordinance u,60, Section 18.1. Environmental Determination According to Section 15305(c) of the California Environmental Quality Act ( CEQA ), Lot Line Adjustment No. 9 is Class 5 Categorically Exempt. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Plot Plan No. 18, and Adopt Resolution No. 90- Approving Plot Plan No. 18 and Lo~ Line Adjustment No. 9; based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. OM: ks Attachments: 1. Resokrtion 2. Conditions of Approval 3. Environmental Assessment u,. Exhibits A. Site Plan B. Exterior Elevations 5. Large Scale Plans STAFFRPT\PP18 8 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: Palmilia Associates Address and Phone Number of Proponent: 41530 Enterprise Circle South, Ste. 206 Temecula, CA 92390 (71q) 676-7177 Date of Environmental Assessment: May 21, 1990 Agency Requiring Assessment: CITY OF TEMECULA 5. Name of Proposal, if applicable: Plot Plan No. 18 6. Location of Proposal: Northwest corner of R ancho Cal iforr~ ia Road and Lyndie Lane 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 Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X STAFFRPT\PP18 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, mudslide, 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 reglonally? 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 turbldity? 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\PP18 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\PP18 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, 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, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a denand 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\PP18 q 15. 16. b. Effects on existing parking facili- ties, or demand for new parking? c. Substantial impact upon existing transportation systems? X d. 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? 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? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? X f. Other governmental services: __ __ 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? __ __ Utilities. Will the proposal result in a need for new systems, or substantial aRerations to the following utilities: a. Power or' natural gas? __ __ Yes Maybe X No X X X X X STAFFR PT\PP18 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 l excludlng 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 STAFFRPT\PP18 6 21. Mandatory Findings of Significance. Does the project have the potential 'to degi'ade the quality of the environment, substantlaily 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? I A short-term impact on the environment is one which occurs in a relatively briof, 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 offect of the total of those impacts on the environment is significant. ) Does the project have environmental effects which will cause substan- tial adverse offects on human beings, either directly or indirectly? Yes Maybe No X X X STAFFRPT\PP18 7 Discussion of the Environmental Evaluation Earth 1.a,c. 1.b. 1.d. 1.f. 1.g. Air 2.b.c. No. However. development on the site will require a substantial amount of grading and an overall change in topography will occur. Cut and fill slopes will occur as a result of the extensive grading. This impact is not considered significant. Manufactured slope will have to be properly Iandscaped. Yes. All development disrupts the soil profile to some degree and results in soil displacement. compaction and overcovering. Further analysis will determine if additional analysis will determine if mitigations are required. No. There are no unique geologic or physical features on the site. 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 replanting vegetation 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. No. The subject site is not located near any channel, lake or ocean that would be impacted by deposition or erosion. No. the subject site is not located within a fault hazard zone. liquefaction or subsidence area according to the Riverside County General Plan Geologic Map. Yes. The addition of approximately 1&6,613 square feet of commercial space will generate a significant amount of new vehicle traffic to the site and area. The vehicle traffic will increase the amount of carbon monoxide and particulete emissions in the area. The proposed project will not by itself deteriorate the local areais or regional air quality, but will add to the cumulative impact on air quality due to the substantial growth in the area. No. The proposed project will not create any objectionable odors or alter the areams climate. STAFFRPT\PP18 8 Water 3oa,d*e. 3.b,cj. 3.f. 3.h. 3.i. Plant Life ~,.a-d. Animal Life 5.a-c. Noise 6.a. 6.b. No. The proposed project will not impact any body of water. Yes Development of the subject site will increase the amount of impermeable surfaces which will decrease the amount of water absorbed into the ground which will reduce the amount of ground water. Due to the vast amount of existing ground water in the area, this impact is considered insignificant. No. Flood waters will continue to be directed to the streets and flood channels. Drainage plans for the site will have to meet the requirements of the City~s Engineer. No. The proposed project will not alter the rate of flow of cjround water. No. The proposed project will not significantly affect the public water supply. No. The Riverside County General Plan Flood Management Map does not . designate the site in a hazardous area. No. Although the development of the site will remove any of the plant species that currently exist on the site, no unique, rare or endangered species should be affected. New species of plants will be introduced to the site as part of the lands~,ne requirements for the projecL The addition of the new species 'is not considered a negative impact. The site is not currently being used for agricultural purposes.' No. The proposed project is located in an area that has been experiencing urbanizatlon for a number of years. It is anticipated that the only animal llfe on or in the vicinity of the site includes squirrels, rabbits, lizards and other common animals. It is highly unlikely that an endangered specie habitaces the site. 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. No. Severe noise will not be generated by the proposed project. STAFFRPT\PP18 9 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 "skyglo.w". The use of LPSV lights will reduce the light and glare produced by the proposed project. Land Use No. The Southwest Area Plan designates the subject site for commercial development. Natural Resources No. The proposed commercial use will not increase the consumption rate of any natural or non-renewable natural resource. Risk of Upset 10.a-b. No. The proposed commercial uses on the subject site will not require ' the use of any hazardous substances. During construction, it should not be necessary to close any streets which would interfere with emergency vehicles. Population 11. No. The proposed 46,613 square foot commercial facility will generate some jobs but not a significant amount to alter the area~s population. Housing 12. No. The proposed 0,6,613 square foot commercial facility will not generate a significant number of jobs to create a demand for additional housing. Transportation / C i rcu lation 13.a,d,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. Through traffic on Rancho California Road, with one lane in each direction, is congested due to the traffic turning into the neighboring commercial facility and vehicle volume. Until Rancho California Road is widened to four lanes at the subject site, traffic will continue to be bottle necked and traffic hazards will incre~e. A traffic study dated April 26, 1990, was conducted by Kunzman Associates. The study recommends widening Rancho California Road and Lyndie Lane in conjunction with development of the project; a 200 foot left turn pocket in Rancho California Road; limited access to site and participation in STAFFRPT\PP18 10 traffic signal fees. With these recommendations, it is anticipated that 1991 traffic at the site will operate at LOS~D% However, it is not clear if the future traffic includes the new residential developments east of the site and weekend traffic to the wineries. If not, the traffic study should be reevaluated. 13.b. Yes. The proposed project will require the addition of parking spaces which should be consistent with the adopted parking cede for commercial uses. The proposed plot plan is consistent with the parking code except that the handicapped spa~_-s should be designated along with the additional three loading spaces for the project. 13.d-e. No. The proposed project will not effect the present pattern or circulation of goods or people. Public Services 1Ll.a,b,e. Yes. The proposed ~6,613 square foot conmercial facility will require public services in the areas of police, fire and maintenance of roads and public facilities. This impact is not considered signifk4,t. 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. Enerqy 15.a-b. No. The proposed project will not result tn 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 create a health hazard or increase human exposure to hazardous materials. Aesthetics 18. No. Development of the subject site will not obstruct any scenic vista or view that is open to the public. Recreation 19. No. The subject site is not currently used for re. reational uses. STAFFRPT\PP18 11 Cultural Resources 20.a. Maybe. The proposed project may impact an unknown cultural resource site. If a site is discovered during grading, an archaeologist or paleontologist should be called on site to supervise the digging and determine if ,the site is significant. 20.b-d. No. The proposed project will not impact any building of historic significance, affect unique ethnic cultural values or restrict sacred uses, Mandatory Findlnqs of Siqnlfica~ce 21 .a-c. No. The proposed project will not have a significant impact of the quality of the area's natural environment nor will the project achieve short term environmental goals to the disadvantage of long term goals. In addition, the project does not cumulatively considerable impacts. 21 .d. Yes. The proposed project has the potential of exposing human beings to increased traffic hazards. The location of the project is at the top of a blind hill and a bottle-neck where traffic is already a concern. The additional traffic generatad by the proposed project will significently increase the potential for accidents st the subject location unless the mitigation measures as recommended in the supporting traffic study are implemented. STAFFRPT\PP18 12 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 ~vill 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 flnd the proposed project MAY have a significant effec~ on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. >//~ Date ~OO For CI F ULA STAFFRPT\PP18 13 1' _[, :,')NI 'V/IFlbS']~ : .g_3:LI_IH]MV i, il l~, 11. :llil '~ [ii~ ljJl SJO]LIf-DISV .. PLANNIN~ COIOilHHION MINUTE2 NOVEMBER 19, 1990 PLOT PE~%N 18 AND LOT LINE ADJUSTMENT NO. 9 Proposal to construct a 46,613 square foot shopping center on a 5.1 acre site located at the northwest corner of Rancho California Road and Lyndie Lane. OLIVER MUJICA provided the staff report on this item. He indicated that the proposal is for the construction of the retail site (Building C) and the building pads for the bank (Building B) and the restaurant (Building A). The recommendation would be for the approval of the site design layout and the construction of Building C. Staff also recommends when the development for Building A and B is submitted, the applicant file a Plot Plan application so that they can be reviewed. He stated that although the Traffic Engineering Department has indicated they have no problems with the drive-thru facility at the proposed bank, staff sees some potential problems and would like to review the detailed plans of the building along with a traffic study. He added that the code requires four loading spaces for the overall development and the applicant is proposing one loading space. After discussion with the applicant about the type of deliveries they will be receiving, staff has determined that th~ four loading spaces should be provided, possibly using some of the other parking spaces. KIRK WILLIAMS stated that Transportation Engineering has reviewed the site and determined that there is no major reason for concern with the access/egress of the proposed drive-thru location. They do concur that when the plot plan is submitted, they would like to look at it to ensure there is no problem. He added that the location of the loading docks does not appear to propose any problems. COMMISSIONER BOAGLAND questioned the requirements of Condition No. 29. JOHN MIDDLETON stated that this was a standard condition. off-site requirements. GARY THORNHILL indicated that he didn't believe there were any off-site improvements required and this condition could be deleted. KIRK WILLIAMS stated that there would be some additional off-site work required on Rancho California Road, as a result of the Lyndie Lane and Rancho California Road intersection, engineering is requiring a operational signal resulting in off-site improvements on the south side of Rancho California Road. DOUG STEWART added that this site was in the benefit pcminll/19/90 -8- 11/28/90 PLANNIN~ COMMISSION MINUTES NOVEMBER 19~ 1990 reimbursement district for Margarita Village Development Company would be doing the street improvements and the applicant would be constructing the signals. CHAIRMAN CHINIAEFF questioned if the project was conditioned to construct a landscape median. KIRK WILLIAMS stated that there was a Engineering Department condition that a median be constructed. CBAIPa4~NCHINIAEFF questioned if the applicant was paying any mitigation fees for the ramp signals at Highway 15 and Rancho California Road. KIRK WlLLIAMS stated that they would be paying signal mitigation fees. DOUG STEWART stated that the Margarita Village Development Company was already conditioned to complete those improvements; however, they were conditioned to pay signal mitigation fees and capital improvement fees. CHAIRMAN CHINIAEFF opened the public hearing at 7:30 P.M. MARK ASPENSON, Winchester Development, 41530 EnterprEse Circle South, Suite 206, Temecula, developer of the project. He stated that they were building the median on Rancho California Road and they were designing and improving the signal at Lyndie Lane and Rancho California Road. He addressed some concerns about the height of the wall behind the project and indicated that they had planned extensive landscaping for this area. He stated that they are willing to work with staff to address any concerns they have. COMMISSIONER HOAGLAND asked if the area behind the retail building was a walk way. MARK ASPENSON stated that this was a loading area. COMMISSIONER FORD questioned the lighting and landscaping proposed for the back side of the walls and the irrigation. He expressed a concern for run-off and suggested a drip system. MARK ASPENSON stated that they had submitted a conceptual landscape plan and would be willing to work with staff. GARY THORNHILL added that the applicant will be required to submit a final landscape plan. pcminll/19/90 -9- 11/28/90 PLANNING COMMISSION MINUTES NOVEMBER 19~ 1990 COMMISSIONER FORD also questioned a lighting plan for the back side of the building so as not to interfere with the nearby residential area. MARK ASPENSON stated that they would be required to use low pressure lights due to the Palomar Observatory Ordinance. GARY THORNHILL suggested enhancing Condition No. 7 indicating all lighting will be hooded or directed away from neighboring residents. CHAIRMAN CHINIAEFF stated that he would like the applicant to utilize some taller specimen trees along the back side of the building to softer the height of the building. He also questioned their sign proposal. MARK ASPENSON again stated that they were willing to work with staff to address all of the Commission's concerns and that a sign program would be coming under a separate proposal. COMMISSIONER FORD expressed a desire to see the wording om Condition No. i to read "for a proposed 6,500 square foot restaurant and a proposed 4,831 square foot bank". GARY THORNHILL advised the Commission that there are no approvals for the proposed buildings A and B and the applicant will have to come back to the Commission with the Plot Plans. MARK ASPENSON indicated that they had not received a copy of the Conditions of Approval., GARY THORNHILL asked if the agent or the applicant had received a copy of the Conditions. MR. ASPENSON stated that they had not received them. The Commission agreed to take a ten minute recess to allow the applicant to review the Conditions of Approval. CHAIRMAN CHINIAEFF declared a ten minute recess at 7:50 P.M. The meeting reconvened at 8:00 P.M. MARK ASPENSON expressed concurrence with the Conditions of Approval as presented. GARY THORNHILL stated that while the applicant is providing 286 parking spaces on the site plan there is a condition to provide four loading spaces, which allows them flexibility to convert six of those spaces into pcminll/19/90 -10- 11/28/90 PLJ~NIN~ COW~ISSION HINUTES NOVEI4BER lgs lgg0 three loading spaces; also, he recommended amending Condition No. 18 to not allow outdoor storage as follows: Add a sentence stating no outdoor storage or trash except in the designated containers provided on the site plan. COMMISSIONER FORD moved to close the public hearing at 8:10 P.M. and adopt Negative Declaration for Plot Plan No. 18 and adopt Resolution No. 90-(next) approving Plot Plan No. 18 and Lot Line Adjustment No. 9 including modifications of Condition No. I to read "proposed 6,500 square foot restaurant and proposed 4,831 square foot bank" and Condition No. 18 to include a statement indicating no outdoor storage or trash except the designated trash containers, seconded by COMMISSIONER FAHZY and carried unanimously. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, ~ Hoagland, Chiniaeff d NOES: 0 COMMISSIONERS: None ,,,Y._Z', ,,,,,,- o r ir u~e lo¢ 27415 Jefferson Avenu~in the inch ter ~are~/hoppfng center. ' . ..,, ;~o '~..,. ,~....,, ~.,.o,,,, o. ,,,,,. t s~f's'reco~unendation is for overhea~ doo limited t the~ear of the 'building. He sta~ed t wi re-d "ign/~he applicant could utilize stacking. opened the public hearing at 8'15 P J H R,~,~O W. Klameda Avenue, Burbank, represen~kn~ of re Company requested the Commission approval of t prOJect as proposed which includes two overhead do s a~'the f~ont of the building. He stated that th ~' 'opp~ 'ition to Condition No. 10 which restricte[ e~hPPM~ddoors to the back of the building. He saic~ th limiting.. {the access to the rear of the building would r~t}7~'ir efficiency by 30%. ~,."~"~"""V,"' ""'~ ""T """ ""'~"""""' """ / pcminll/19/90 -11- 11/28/90 ITEM #9 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: Plot Plan No. 228 Prepared By: Oliver Mujica Recommendation: 1. ADOPT Resolution No. 91- approving Plot Plan No. 228 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: BACKGROUND: El Torito Restaurants, Inc. Lee G Sakahara Associates, AIA Construct a 7,203 square foot restaurant. Northwest corner of Rancho California Road and Lyndie Lane. ( General Commercial/Restricted Commercial ) C-I/C-P North: R-3-4000 South: R-3-4000 East: C-1/C-P West: C-P Not applicable. Vacant General Commercial On November 19, 1990, the Planning Commission approved Plot Plan No. 18, which was a proposal to develop the subject 5.1 acre site with a Li6,613 square foot shopping center, as follows: 6,500 sq.ft. 4,831 sq.ft. 35,282 sq. ft. Building "A" - Restaurant Building "B" - Bank Building "C" - Retail A:PP228 1 PROJECT DESCRIPTION: ANALYSIS: On March 11, 1991, the applicant submitted Plot Plan No. 18, Revision No. 1 requesting to increase the total square footage of the shopping center from 46,613 to 47,412 square feet, as follows: Buildin9 "A" - Restaurant( PAD ) Building "B" - Restaurant(PAD) Building "C" - Retail 7,203 sq.ft. 6,300 sq.ft. 33,909 s q o ft. On April 4, 1991, Plot Plan No. 228 was 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. The DRC has forwarded a recommendation of approval subject to conditions. On April 15, 1991, the Plannin9 Commission will consider Planning Staff's recommendation of approval for Plot Plan No. 18, Revision No. 1. Location This project is located on the northwest corner of Rancho California Road and Lyndie Lane, which is between Ynez and Moraga Roads. Project Plot Plan No. 228 proposes to Construct a 7,203 square foot restaurant (El Torito) on building pad "A" of Plot Plan No. 18, Revision No. 1. The proposed restaurant provides a total of 225 seats. The proposed development has been designed in accordance with the standards of the C-1/C-P (General Commercial/Restricted Commercial) zone. Project Desiqn The proposed "Spanish" Mediterranean architectural style is consistent with the previously approved overall project design of the commercial center. The proposed building utilizes the following colors/materials, which are consistent with the colors/materials of Plot Plan No. 18: Roof - "Blended" Mission Clay Tile Walls - "Light" Tan Stucco; and "Light" Tetra Cotta A:PP228 2 GENERAL PLAN AND SWAP CONSISTENCY: Trim - Tetra Cotta; and Turquoise Awnings - "Light" Tetra Cotta; and Turquoise Shutters - Turquoise Door/ Window Trim - Turquoise Landscapinq Landscaping is provided along the perimeter of the proposed building, in which the proposed landscaping is consistent with the planting pallet of the overall commercial center. Parking The overall commercial center provides a total of 289 parking spaces, in which 75 spaces were allocated for Building "A" (the subject building). Based on the total of 225 seats provided for tJ~ proposed restaurant, 75 parking spaces are required (1 parking space per 3 seats). Therefore, the proposed restaurant complies with the parking requirements. The proposed project is consistent with the SWAP Land Use Designation of Commercial, which includes restaurant uses. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. ENVIRONMENTAL DETERMINATION: An Initial Study was performed for Plot Plan No. 18 which determined that although the proposed project could have a significant effect 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 was adopted by the Planning Commission. Since Plot Plan No. 228 will not result in additional impacts to the environment, the Planning Department Staff has determined that the project is exempt from CEQA under Section 15061 (b)(3). A:PP228 3 FINDINGS: There is a reasonable probability that Plot Plan No. 228 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 restaurant is consistent with the existing zoning and the SWAP Land Use Designation of Commercial. 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 the proposed restaurant is consistent with the existing zoning, the SWAP Land Use Designation of Commercial , and the permitted uses of the surrounding area. The proposed use or action complies with State planning and zoning laws, due to tJ~ fact that the proposed use complies with Ordinance No. 348. 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, due to the fact that the proposed restaurant complies with the standards of Ordinance No. 348. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the Conditions of Approval include mitigation measures. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposed restaurant is consistent with Ordinance No. 348. 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 A: PP228 4 fact that the proposed use is compatible with the surrounding land uses. The project has acceptable access to a dedicated right-d-way which is open to, and useable by, vehicular traffic, due to the fact that the Conditions of Approval include appropriate mitigation measures. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for Plot Plan No. 18. 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. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: 1. ADOPT Resolution No. 91- approving Plot Plan No. 228, subject to the attached Conditions of Approval. OM:ks Attachments: Resolution Conditions of Approval Exhibits A. Site Plan B. Exterior Elevations C. Landscape Plan D. Floor Plan Large Scale Plans A:PP228 5 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 228 TO CONSTRUCT A 7,203 SQUARE FOOT RESTAURANT (BUILDING PAD "A") ON A PARCEL CONTAINING 5.1 ACRES LOCATED ON THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND LYNDIE LANE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-310-011. WHEREAS, El Torito Restaurants, Inc., filed Plot Plan No. 228 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 April 15, 1991, at which time interested persons 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; WHEREAS, at the conclusion of the Commission Hearing, the Commission approved said 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: PP228 6 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 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_.~ 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 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 Plot Plan No. 228 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. A:PP228 7 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. 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, inapprovingtheproposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 228 will be consistent with the City~s future General Plan, which will be compl;itt~ in a reasonable time and in accordance State law. Due to the fact that the proposed restaurant is consistent with the existing zoning and the SWAP Land Use Designation of Commercial. 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 the proposed restaurant is consistent with the existing zoning, the SWAP Land Use Designation of Commercial , and the permitted uses of the surrounding area. c) The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed use complies with Ordinance No. 30,8. 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, due to the fact that the proposed restaurant complies with the standards of Ordinance No. 30..8. A: PP228 8 e) f) g) h) j) k) The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the Conditions of Approval include mitigation measures. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposed restaurant is consistent with Ordinance No. 3~,8. 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 use is compatible with the surrounding land uses. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the Conditions of Approval include appropriate mitigation measures. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for Plot Plan No. 18. 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. 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 is compatible with the present and future development of the surrounding property. A: PP228 9 SECTION 2. Environmental Compliance. An Initial Study prepared for Plot Plan No. 18 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 was adopted by the Planning Commission on November 19, 1990. Plot Plan No. 228 will not result in additional impacts to the environment, therefore, the project is exempt from CEQA under Section 15061 (b)(3). SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Plot Plan No. 228 to construct a 7,203 square foot restaurant( Building Pad "A" ) located on the northwest corner of Rancho California Road and Lyndie Lane and known as Assessoris Parcel No. 921-310-011 subject to the following conditions: A. Exhibit A, attached hereto. SECTION ~,. ~, PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. 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 15th day of April, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:PP228 10 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 228 Project Description: Assessor's Parcel No.: 7,203 square foot restaurant 921-031-011 Planninq Department The use hereby permitted by this plot plan is for the development of a 7,203 square foot restaurant( Building Pad "A" ) within a 5.1 acre site known as Plot Plan No. 18, Revision No. 1. 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/-is advisory agencies, appeal boards, or lagislative body concerning Plot Plan No. 228. 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 April 15, 1993. The development of the premises shall conform substantially with that as shown on Plot Plan No. 228 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-of-way. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. A:PP228 11 10. 11. 12. 13. 1~,. 15. 16. 17. Prior to the issuance of grading or building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted tothe 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. 3u,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 (30) inches. Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: 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. Buildin9 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 B (Color Elevations) and Exhibit E (Materials Board). Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. 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. Unless previously paid, 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. 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 A:PP228 12 Conservation Plan as implemented by County ordinance or resolution. 18. 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 planrings, 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. 19. 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. Prior to occupancy or any use allowed by this permit, this approval shall comply with all conditions of Plot Plan No. 18, Revision No. 1. 21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Riverside County Fire Department 22. 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 5u,6. 23. Provide or show there exists a water system capable of delivering 2250 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, on a looped system (6"x~,"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. 25. 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. 26. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review, Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "l certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." A:PP228 13 27. Install a complete restaurant fire sprinkler system in all building{s). 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 buildingis). A statement that the building{s) will be automatically fire sprinklered must be included on the title page of the building plans. 28. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. 29. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 30. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 31. Certain designated areas will be required to be maintained as fire lanes. 32. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 33. Install a hood duct fire extinguishing system. Contact a certified protection company for proper placement. Plans must be approved by the Fire Department prior to installation. Prior to the 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. 35. Prior to the issuance of building permits, the developer shall deposit, with the City of Temecula, 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 fees. 36. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. Riverside County Department of Health Prior to any building plan submittals, the following items will be required: 37. "Will-serve" letters from the appropriate water and sewering agencies. 38. Three complete sets of plans for each food establishment will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (714) 358-5172. A:PP228 14 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. 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: 39. As deemed necessary by the City Engineer or his representative, 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; CATV Franchise; and Parks and Recreation Department. The developer shall submit two ~2 ) 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 2u,"x 36" mylar by a Registered Civil Engineer. The developer shall submit two {2 ) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A 9radin9 permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-d- way. No grading shall take place prior to the improvement plans for Plot Plan No. 18 being substantially complete, appropriate clearance letters and approval by the City Engineer. 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. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. A:PP228 15 ~,6. ~7. q.8. 50. 51. 52. 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. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. If construction for street, on-site parking, grading and drainage improvements for Plot Plan No. 18 has not begun, 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, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 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 detailed drainage study will be required to be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. This study shall be prepared by a registered Civil Engineer and shall include existing, interim, and proposed conditions, including hydrology and hydraulic calculations. The drainage study shall also address the capacity of existing downstream systems within Parcel Map No. 23687, and a secondary overland drainage escape route. As determined from the drainage study, the developer shall construct or enlarge off-site drainage facilities to mitigate any increase or diversion of existing flows from the project site into adjacent downstream properties. Adequate drainage easements shall be secured if needed. Mitigation shall be as directed by the City Engineer. A drainage channel and/or flood protection wall will be required along the northwesterly property line to protect downstream properties by diverting sheet runoff to Lyndie Lane, or to a storm drain. A:PP228 16 53. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 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. 57. Prior to building permit, the subdivider shall notify the City's C.A.T.V. Franchises of the intent to develop. Conduit shall be installed to C.A.T.V. .Standards prior to issuance of Certificates of Occupancy. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 58. In the event that the improvements per the Margarita Villages Benefit District have not been initiated, the developer shall construct half-width street improvements for Rancho California Road including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on the public street. 59. 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 lassuming 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: 60. A signing and striping plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for Rancho California Road with transitions, and shall be included in the street improvement plans. A:PP228 17 61. Plans for a traffic signal shall be designed by a registered Traffic Engineer and approved by the City Engineer for the intersection of Rancho California Road and Lyndie Lane and shall be included in the street improvement plans with the second plan check submittal. 62. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer and shown on the street improvement plans along Rancho California Road from Lyndie Lane east to Moraga Road. 63. 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 City requirements and the approved signing and striping plan. 65. 66. The traffic signal at Rancho California Road and Lyndle Lane shall be installed and operational per the City requirements, special provisions, and the approved traffic signal plan. All traffic signal interconnects shall be installed per the City requirements and the approved plan. 67. The developer shall be responsible for constructing the raised median on Rancho California Road from Via Las Colinas east to Lyndie Lane. 68. No median break for the main driveway on Rancho California Road shall be provided. 69. The developer shall design and construct the signal at the intersection of Rancho California Road and Lyndie Lane and may enter into a reimbursement agreement with the City for a percentage of the total cost of this signal, as determined by the City Engineer, from the future development of the 6.12 acre parcel to the south of this intersection which may utilize this signal for access as specified in the addendure to the Traffic Study dated October 9, 1990 prepared by Robert Kahn, John Kain and Associates. A:PP228 18 zl~ o.4~ zz zz ITEM #10 Case No.: Recommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 First Extension of Time for Vesting Tentative Tract Map No. 23102 Prepared By: Richard Ayala ADOPT Resolution No. 91- approving the First Extension of Time for Vesting Tentative Tract Map No. 23102 subject to the attached Conditions of Approval, based on findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Marlborough Development Corporation Marlborough Development Corporation First Extension of Time West of Butterfield Stage Road and north of La Serena Way. Specific Plan No. 199 (Margarita Village) North: South: East: West: R-A-1/2 ( ResidentialAgricultural ) Specific Plan No. 199 R-R I Rural Residential) RoT { Mobile Home Subdivision and Mobile Home Park) Not requested; Vacant North: South: East: West: Single Family Residential Graded Lots ( SingleFamily Residential ) Single Family Residential School A: VTM23102 I PROJECT STATISTICS: Total Acreage: Total Lots Proposed: Proposed Density: Proposed Minimum Lot Size: 16.4 acres 37 lots 23 DU/AC 7,200 sq.ft. BACKGROUND: Vesting Tentative Tract Map No. 23102 was recommended for approval on September 28, 1988 by the Riverside County Planning Commission in conjunction with Tract Nos. 23100 Amendment No. 1; 23101; and 23103 Amendment No. 1. All four tracts implement Village B of the Margarita Village Specific Plan (SP 199 Amendment No. 1) which was previously approved by the Board of Supervisors on September 13, 1988. Subsequently all four tracts i23100 Amd. 1, 23101, 23102, and 23103 Amd. 1 ) were approved by the County Board of Supervisors on November 8, 1988. PROJECT DESCRIPTION: Vesting Tentative Tract Map No. 23102 is a proposal ~ subdivide approximately 16.u, acres into 37 sirl~le family residential lots with a minimum )or size of 7,200 square feet and an average lot area of 12,385 square feet. The subject site is located west of Butterfield Stage Road and north of La Serena Way. ANALYSIS: Desiqn Considerations The proposed subdivision has been designed in accordance with the standards of Ordinance Nos. 3u,8, u,60 and Specific Plan No. 199. The main access to the project is La Serena Way. The project has been designed to provide increased land use and circulation efficiency. Density The proposed subdivision {Vesting Tentative Tract Map No. 23102) is consistent with the density designation for Specific Plan No. 199 of 2~5 DU/AC. The actual proposed subdivision density is 2.3 DU/AC. Grading The subject site is currently vacant and undisturbed. The proposed subdivision will entail approximately 89,000 cubic yards of raw cut and A:VTM23102 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: approximately 69,000 cubic yards of raw fill in order to provide for adequate building pads. The proposed grading is consistent with existing surrounding residential developments. The proposed density of 2.3 DU/AC is consistent with the Southwest Area Community Plan and Specific Plan No. 199 (Margarita Village). In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. Environmental Assessments have been prepared on all four tracts (23100 Amd. No. 1, 23101, 23102, 23103 Amd. No. 1). Environmental impacts were assessed in EIR No. 107 and EIR No. 202 prepared for the Rancho Village Specific Plan and the Margarita Village Specific Plan. Additional environmental evaluations have been provided by the reports prepared for the specific plan amendment and the acoustical studies prepared for three tracts. No significant environmental impacts have been found. Therefore, Staff is not requesting any further environmental determination. There is a reasonable probability that this project 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 project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. 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, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards. A: VTM23102 3 The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing Specific Plan No. 199 (Low Density Family Housing) land use designation. 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 density, due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health--ar welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. Vesting Tentative Tract Map No. 23102 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coveracJe creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and internal traffic circulation. 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 project is consistent with the current zoning of the subject site (Specific Plan No. 199), and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of Specific Plan. A: VTM23102 4 STAFF RECOMMENDATION: The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes an independent access point from La Serena Way which has been determined to be adequate by the City Engineer. 10. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in~J~e site plan and the project analysis. 11. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. 91- approving the First Extension of Time for Vesting Tentative Tract Map No. 23102 subject to the attached Conditions of Approval, based on findings contained in the Staff Report. RA:ks Attachments: Resolution Conditions of Approval Exhibits A. Site Plan A:VTM23102 5 ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 23102 TO SUBDIVIDE A 16.u· ACRE PARCEL INTO 37 SINGLE FAMILY RESIDENTIAL LOTS, LOCATED WEST OF BUTTERFIELD STAGE ROAD AND NORTH OF LA SERENA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 923-200- 019. WHEREAS, Marlborough Development Corporation filed Extension of Time in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Extension of Time application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Extension of Time on April 15, 1991, 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 approved said Extension of Time; NOW, THEREFORE, THE PLANNINC 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: A: VTM23102 6 (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. 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 tirmdy fashion with the preparation of its General Plan. C. The proposed Extension of Time 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 First Extension of Time for Vesting Tentative Tract Map No. 23102 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. A: VTM23102 7 (C) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. I1 ) Pursuant to Section 7.1 of County Ordinance No. ~,60, no subdivision or extension of time 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 subsectlon shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. { 2 ) The Planning Commission in approving the proposed Extension of Time, makes the following findings, to wit: A:VTM23102 8 a) b) c) d) e) There is a reasonable probability that this project 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 project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. 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, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards. The proposed use or action complies with state planning and zoning laws, due to~e fact that the proposed use conforms with those uses listed as "allowed" within the project sirens existing Specific Plan No. 199 ILow Density Family Housing) land use designation. 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 density, due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. A: VTM23102 9 f) g) h) i) j) k) Vesting Tentative Tract Map No. 23102 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surroundin9 land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and internal traffic circulation. 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 project is consistent with the current zoning of the subject site (Specific Plan No. 199), and also consistent with the adopted Southwest Area Community Ran (SWAP) designation of Specific Plan. The project as designed and conditloned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project~s Conditions of Approval. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes an independent access point from La Serena Way which has been determined to be adequate by the City Engineer. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact A: VTM23102 10 that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. That the City of Temecula Planning commission hereby determines that the previous Environmental Determination {Adoption of Negative Declaration for Environmental Assessment No. 3253L~) still applies to said tract map. 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 EIR Nos. 107 and 202 and 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 approves*~l~e First Extension of Time for Vesting Tentative Tract Map No. 23102 for the subdivision of a 16.~, acre parcel into 37 single family residential lots located west of Butterfield Stage Road and north of La Serena Way and known as Assessor's Parcel No. 923-200-019 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. 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 15th day of April, 1991 by the following vote of the Commission: AYES: PLANNINC COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNINC COMMISSIONERS A: VTM23102 11 ATTACHMENT I I CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 23102 Commission Approval Date: Expiration Date: Planninq Department Unless previously paid, 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. -4~ The subdivider shall submit to the Planning Director verification that Section 10.35 of Ordinance No. ~,60 has been satisfied regarding payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. L~60. Verification shall be submitted prior to issuance of any certificate of occupancy. 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 Iot/unlt shall be deposited with the City as mitigation for public library development. This conditionally approved Extension of Time for Vesting Tentative Tract Map No. 23102 will expire one (1) year after the original expiration date, unless extended as provided by Ordinance ~,60. The expiration date is November 8, 1991. The subdivider shall comply with the original Conditions of Approval for Tentative Tract Map No. 23102 lsee attached) except as amended herein. 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. A:VTM23102 12 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 5tale of California Subdivision Map Act and Ordinance No. u,60. PRIOR TO RECORDATION OF THE FINAL MAP: As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Metropolitan Water District: 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 Parks 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. 10. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. 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 CC[,R's shall be reviewed and approved by the City and recorded. The CCF, R's shall be subject to the following conditions: a. The CC[,R's shall be prepared at the developer~s sole cost and expense. A: VTM23102 13 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 with the final map. A recorded copy shall be provided to the City. The CCF, Rts 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 CCBR's 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 shaltNbe subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 12. 13. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. ii. All parkways, open areas, and landscaping shall be permanently maintained by homeewner~s association or other means acceptable to the City. Such prod of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. The developer, or the developer's successor, shall execute a current Public Facilities Agreement with the City of Temecula which provides for the payment of the sum of money per residential unit then established by Resolution of the City Council, prior to the issuance of any building permits for any individual lots. 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, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. A: VTM23102 14 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 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. 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. A minimum centerline street grade shall be 0.50 percent. All driveways shall be located a minimum of two {2) feet from the property line. 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 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The subdlvider 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. 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. 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: VTM23102 15 A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 25. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 26. 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: 27. 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. 28° 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. 29. 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. T~lle 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. PRIOR TO BUILDING PERMIT: 30. 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. 31. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 32. 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. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. A:VTM23102 16 Asphaltic emulsion Ifo9 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 9q of the State Standard Specifications. 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 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. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 36. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Streets "A" through "D" and shall be shown on the street improvement plans. 37. Condition No. 5 in the County of Riverside Road letter dated July 22, 1988 shall be deleted. 38. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 39. Condition No. 27 in the County of Riverside Road letter dated July 22, 1988 shall be modified to read: A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for La Serena Way and shall be included with the street improvement plans. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 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. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plans. A: VTM23102 17 Building F, Safety Department 0,2. Submit approved tract map to the Department of Building and Safety for addressing prior to submittal for Structural Plan Review. 0,3. Obtain Land Use and Building Department clearance. 0,0,. School Fees shall be paid to Temecula Unified School District prior to issuance of permits. A:VTM23102 18 RIVERSIDE COUNTY PLANNING DEPARTMENT SUBDIVISION CONDITIONS OF APPROVAL TENTATIVE TRACT N0. 23102 DATE: 9-28-8B STANDARD CONDITIONS The subdivider shall defend, lndemnlfy, and hold hamless the County of Riverside, its agents, officers, and employees fran any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County of Riverside, its advisory agencies, appeal boards or legislative body concerning Tentative Tract 23102, which action is brought about within the time perlod provided for tn California Government Code Section 66499.37. The County of Riverside wt11 promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the subdivider of any such claim, actlon, or proceeding or fails to ' e cooperate fully In the defense, the subdivider shall not, thereafter, ~b responsible to defend, indemnify, or hold hamless the County of Riverside. The tentative subdivision shall comply with the State of California Subdivision ~p Act and to all the requirements of Ordinance 46D, Schedule A, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of Call fornia Subdivision ~p Act and Ordinance 46D. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading ls proposed, the subdivider shall submit one print of comprehensive grading plan to the Department of Building and Safety. The plan shal) cemp]y with the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as maybe additionally provided for in these conditions of approval. Conditions of Approval Tentative Tract No. 23102 Page 2 A grading permit shall be obtained from the Department of Building and Safety prior to commencement of any grading outside of county maintained road right of way. Any delinquent property taxes shall be paid prio? to recordation of the final mmp. The subdivider shall comply with the street improvement recommendations outlined in the Riverside County Road Department's letter dated 7-22-BB a copy of which is attached. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. All road easements shall be offered for dedication to the public and s~u~ continue in force until the governing body accepts or abandons offers. All dedications shall be free from all encumbrances as approved by the Road Commissioner. Street names shall be subject to approval of the Road Commissioner. 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 County Surveyor. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's letter dated 4-19-88 a copy of which is attached. The subdivider shall comply with the flood control recommendations outlined by the Riverside County Flood Control District's letter dated 6-17-B8 a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Harshal's letter dated 5-3-BB a copy of which is attached. 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. Conditions of Approval Tentative Tract No. 23102 Page 3 18. Lots created by this subdivision shall comply with the following: a All lots shall have a minimum size of 7°200 square feet net b. All lot length to width ratios shall be in conformante with Section 3.BC of Ordinance 46D. Corner lots and through lots, if any, shall be provided with additional area pursuant to Section 3.BB of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-corner and through lots. Lots created by this subdivision shall be in conformance with the development standards of the Specific Plan No. 199 Amendment No. 1 Zone. ~ When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,60D square feet, exclusive of the utility easement. 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. Trash bins, loading areas and incidental storage areas shall be located away and visually screened frem surrounding areas with the use of block walls and landscaping. Prior to RECORDATION of the.final map the following conditions shall be satisfied: Prior to the recordatton of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requl ramants outlined in the attached approval letters from the loll owing agencies have been mat. County Fire Department County Flood Control County Parks Department Rancho Water District County Health Department County Planning Department Eastern ~ntcipal Water Dtst. Prior to the recordatton of the final map, General Plan Amendment No. 150, Specific Plan No. lg9, Amendment No. 1, Oevelopment Agreement No. S, and Change of Zone No. 5107 shall be approved by the Board of Supervisors and shall be effective. Lots created by this land divi ston shall be in conformance with the development standards of the zone ultimately applied to the property. Conditions of Approval Tentative Tract No. 23102 Page 4 A11 existing structures on the subject property shall be removed prior to recordatton of the final map. Impacts to the Temecula Elementary and Elstnore Union High School District shall be mitigated at the development application stage in accordance with the district policies. The contmon open space area shall be shown as a numbered lot on the final map and shall be managed by a master property owners association or CSA. {Amended by Planning Commission 9-28-88) 22. The developer shall comply with the following parkway landscaping conditions: --k 1). Prior to recordation of the final map the developer shall file an application with the County for the formation of or annexation to, a parkway maintenance district for Tentative Tract No. 23102 in accordance with the Landscaping and Lighting Act of 1972, unless the project is within an existing parkway maintenance district. Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the County Road and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the County Road Department. 3) The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, quaranteeing the viabtlity of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. 4) The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscaplng maintenance until such time as maintenance is taken over by the district. Prior to reCordatton of the final map, clearance shall be obtained from Netropolttant Water District relative to the protection of applicable easements affecting the subject property. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation system until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Conditions of Approval Tentative Tract No. 23102 Page 5 Street lights shall be provided within the subdivision in accordance with the standards of Ordinance 461 and the following: 1) 2) 3) 4) Concurrently with the filing of subdivision improvement plans with the Road Department, the developer shall secure approval of the proposed street light layout first from the Road Deparbnent's traffic engineer and then from the appropriate utility purveyor. Following approval of the street lighting layout by the Road Department's traffic engineer, the developer shall also file an application with LAFCO for the formation of a street lighting district, or annexation to an existing lighting district, unless the site is within an existing lighting district. Prior to recordation of the final map, the developer shall secu~ conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. 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. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: 1) 2) I, 3) 4) 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 and landscaped building setbacks 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 Conditions of Approval Tentative Tract No. 23102 Page 6 27. 2g. covert shrubs and specimen trees in conjunction with meandering sidewalks, benches and other pedestrian amenittes w~ere appropriate as approved by the Planning Department and Specific Plan No. 199 Amendment No. 1. s) s) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where streets 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. 7) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. B). All existing specimen trees and significant rock outcroppings on~t'~he subject property shall be shown on the proJect's grading plans and shall note those to be removed, relocated and/or retained. 9} All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. 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: 1) 2) Techniques which will be utilized to prevent erosion and sedimentatton 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 )4arch. 3) Preliminary pad and roadway elevations. 4) 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 heights shall be contour-graded incorporating the following grading techniques: Conditions of ~proval Tentative Tract No. 23102 Page 7 1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain, 2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain, 3) The toes and tops of slopes shall be rounded wtth curves with tad11 designed in proportion to the total height of the slopes where dratnage and stability permit such rounding. 4) Nhere cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Grading plans shall conform to Board adopted Hillside Development Standards: All cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical heights .shall be modified by an a propflare combination of a speclal terracing (benthing) plan increase s~ope ratio (i.e. 3:1), retaining walls, and/or slope planting combined wtLh irrigation. All driveways shall not exceed a fifteen percent grade. 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 BUILDING PERMITS the following conditions shall be satisfied: With to the submittal of building plans to the Department of Building and Safety the developer will demonstrate compliance with the acoustical study prepared for Tract 2310D which established appropriate mitigation measures to reduce ambient interior noise levels to 45 Ldn and exterior noise levels below 65 Ldn. b. Buildin separation between all 'buildings including fireplaces shall not be Tess than ten (10) feet. c. All street side yard setbacks shall be a minimum of 10 feet. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devtces shall be permitted with Planning Department approval. Conditions of Approval Tentative Tract No. 23102 Page 8 In accordance with the written request of the developer to the County of Riverside. a copy of which is on file. and in furtherance of the agreement between the developer and the County of Riverside. no building permits shall be issued by the County of Riverside for any parcels within the subject tract until the developer. or the developer's successors-in-interest provided evidence of compliance with the terms of said Development Agreement No. 5 for the financing of public facilities. 33r--PF~eP-to-the-Peee~datlen-ef-the~-flna)--subdivhien--Pap~--~e--subdiv4der 9ha)~--~ubmft--the--fo))emfn~--~oc=ments--to--the--P)enn+ng-~epertment-for Peview;--wh+eh--doeuments-~sha))--be--subject--to--the--approval--of--th~t ~epari=nen~--a~d--the--efffee--~-the~eonnty-£o~nse):- (~ended by Planning Commission 9-2B-B8) ~)~-A-dee~a~atieR-ef-sevenaRtsreendttiens-and-Fes~Pletie~st-and- (Amended by Planning Commission 9-28-88) 2)--A--samp~e--deeument--eenveyiR§-tit)e-te-the-~uwehaser-ef-am-individua~ ~o~--er--un+t--which--prov+~e~--that--the--dee~ara~+on--of--cevenan~; eenditlens--a~d--Pes~rie~h~--is--inee~pera~ed--there~n-by-referenee= (Amended by Planning Commission 9-28-88) ~he-dee~a~a~h~-ef-eevenantsv-eendit+e~s-and--Pes~riet~e~s--sub~+~te~--~er Pev~ew--s~a~---Fa~--p~evHe-~er-a-m~n~m-~erm-of-Be-years;--~b~--prov+~e fe~-the-esta~is~ent-af-a-p,epeFty-ew~eFS~-asseeiatlea-eemp~ised--e(--the ew~e,s--ef-eaeh-i~vi~'a~-let-e,-un~tr--~e}--p,ovide-fe.-ew~e~s½+p-ef-~he e~e.-aFea-by-ei~heF-the-p,epe~ty-e~e~s~-asseelatien-e~--the--e~ers--e( fe~ewtRg-p,evisieRs-ve.ba~+mt (Amended by Planning Commission 9-2~88} tNetw~tk&ta~dt~-eRy-pPevtsien-~n-~hts-gee~aPa~hR--te*-tke--eeR~Pa~yT the--(e;~ew$Rg-pPavlsien-sha~)-app)ye- (Amended by Planning Commission 9-28-88) ;he-pFepePty-ew~ers~-asseelathn-esta~)hhed-hePe~n-shalt--manage--aRd 6e~t~ws)~-H~atnta~--~he-~eenm~n-aFea~r-me~e-paPtSee)a~ty-dese~ibed on-Exhibtt--%~-7~4f-the-speeifie-p~an-attaehed~here~e;-aRd-shaT~--ne~ $e~--ep--~r~sfe~--l~e-~smme~-a~ea~r-eF-any-pa~-~kePee~r-abseR~-~he pcto~-w~ttte~-GoaseRt-e(--the--P~anRSmff--9$FeeteF--ef--the--GeuRty-~ef Rtvm~$ie--eF-the-C,~*~y~)-s~c-c-e)s~F-tR-$RtePestr- (Amended by Planning Commission 9-28-88) Conditions of Approval Tentative Tract No. 23102 Page g ~ste~~ioG~m~N~l~-r.~i~-t~4$s4sime~t---tta~. (Amended by Planning Cc.,.,~isston 9-2B-BB} (Amended by Planning Commission 9-28-88) sha;;-be-;eee~ded-a~-tke--same--~ime--~ha~--the--fiRa~--map--is--Peeerded; (Amended by Planning Commission 9-28-88) 33. Prior to the recordation of the final map, the subdivider shall convey to the County fee simple title, to all common or common open space areas, free and clear of all liens, taxes, assessment, leases (recorded and unrecorded} and eassnents, except those easements which in the sole discrition of the County are acceptable. As a conditions precedent to the County accepting title to such areas, the subdivider shall submit the loll owing documents to the Planning Department for review, which documents shall be subject to the approval of that department and the Office of the County Counsel: (Amended by Planning Commission g-28-B8} 1} A declaration of covenants, conditions and restrictions; and (Amended by Planning Commission g-2B-BB) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. (Amended by Planning Commission 9-2B-BB} The declaration of covenants, conditions and restrictions submitted for review shall {a) provide for a term of 6Oyears, (b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit and (c) contain the following provisions verbatim: {Amended by Planning Commission 9-2B-B8} 'Nothwithstanding any provision in this Declaration to the contrary, the following provision shall apply: {Amended by Planning Commissin 9-2B-BB) Conditions of Approval Tentative Tract No. 23102 Page 10 The property owners association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the County of Riverside, and the property owners' association shall unconditionally accept from the County of Riverside, upon the County's demand, title to all or any part of the 'common area', more particularly described on Exhibit ' ' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'c~nmon area' shall be at the sole discretion of the County of Riverside. (Amended by Planning Commission 9-2B-B8} In the event that the common area, or any part thereof, is conveyed to the property owners' association, the association, thereafter shall own such 'common area', shall manage and continuously maintain such 'common area, or any part thereof,absent the prior written consent~ the Planning Director of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of e~ch individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of an maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. {Amended by Planning Commission 9-28-88) This Declaration shall not be terminated, 'substantially' amend~ or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside of the County's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage of maintenance of the 'common area'. (Amended by Planning Commission 9-28-BB) In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." (Amended by Planning Commission 9-28-88} Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. {Amended by Planning Commission 9-28-88) 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 paleontologist impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the Condlttons of Approval Tentative Tract No, 23102 Page 11 36° excavation and grading contractor shall be arranged. ~en,necessary, the paleontologist or representative shall have the authority t~ temporarily divert. redtrect or halt grading actlvlty to a11(~ ~covery of fossils. Prior to the Issuance of OCCUPANCY PERNITS the following conditions shall be satisfied: ~tor to the final tetldtng Inspection approval, by the ~tldlng and ~fety Depar~nt, walls shall be constructed along La ~rena Way per Spectftc Plan 199 Amendment No, 1. The Required wall1 shall be subject to the approval of the DIrector of the Department of Building and Safety and the Planning Director, b. Wall and/or fence locations shall substantially conform to attached Figure III-28 of Specific Plan No. 199 Amendment No. 1. c..A11 landscaping and irrigation shall be installed in accordance jt~h approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit lantlng, interim landscaping and erosion control measures shall be uttVtzed as approved by the Planning Director and the Director of Building and Safety. d. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a Planning Department field inspection. e. Not withstanding the preceding conditions,the heights of all required walls shall be determined by the acoustical study where applicable. Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance 461 and Specific Plan No. 199 Amendment No. 1. Street trees shall be planted throughout the subdivision in accordance with the standards of Ordinance 460 and Specific Plan No. 199 Amendment No. I Development of Tentative Tract No. 23102 conform shall comply with the rovtstons to Specific Plan No,* 199 Amendment No. I and Development ~greement No. 5. (Amended by Planning Commissin 9-28-88) KG:mp OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR July 22, 1988 LeRoy D, Smoot Riverside County Planning Commission 4080 Lemon Street Riverside, CA gZSOl Re: Tract Nap 23102 Schedule A - Team SP Ladies and Gentlemen: With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerit~e profiles, all existing easements, traveled ways, and drainage courses with appropriate O's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns~ i.e., concentra- tion of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities or by securing a drainage easement or by both. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachmerits by land fills are allowed". The protection shall be as approved by the Road Department. The landdlvider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department. Tra~t Nap 23102 July 22, 1988 Page 2 3. Na3or drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. ' 4. La Serena Way shall be improved within the dedicated right of way in accordance with County Standard No. 102, (32'/44'). Streets "A" thru 'D" shall be improved within the dedicated right of way in accordance with County Standard No. 105, Section A. (36'/ 60'). 5. The landdivider will provide a left turn lane on La Serena Way at the intersection with "A" Street as approved by the Road Department. 6. The landdivider shall provide utility clearance fro~ Rancho Calif. Water District prior to the recordation of the final map. The landdivider shall post a deposit and execute an agreement wit~l~ the ~tropolitan Water District prior to the recordation of the final map. 8. The minimum centerline radii shall be 300' or as approved by the Road Department. 10. 11. l~ne minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet or as approved by the Road Commissioner. All driveways shall conform to the applicable Riverside County Standards. When blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. The minimum garage setback shall be 30 feet measured from the face of curb. Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 and 401 {curb sidewalk}. lra~ I~ap 23102 July 22° 1988 Page 3 14, 20. 22, Primary and secondary access roads to the nearest paved road main- tained by the County shall be constructed within the public right of t way in accordance with County Standard No. 106, Sect on B, (32'/60') at a grade and alignment as approved by the Road Conwnissioner. This is necessary for circulation purposes. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. Should the developer choose to defer the time of payment, he may enter into a written agreement with the County deferring said payment to the time of issuance of a building permit. 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 Riverside County Road Connissioner. Completion of road improvements does not imply acceptance for maintenance by County. Electrical and communications trenches shall be provided in accordance with Drdinance 461, Standard 817. Asphaltic emulsion (fog seal) shall be applied not less than fourteen 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 Sections 37, 39 and 94 of the State Standard Specifications. Standard cul-de-sacs and off-set cul-de-sacs shall be constructed throughout the landdivision. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. Lot access shall be restricted on La Serena Way and so noted on the final map. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. All centerline intersections shall be at gO° with a minimum 50' tangent measured from flow line. Tract Nap 23102 July 22, 1988 Page 4 4. 6e 71 81 The street design and improvement concept of this project shall be coordinated with TR 23101, TR 22148, and SP 199. Street lighting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. The County Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. If not, the land owner shall file an application with LAFCO for annexation into or creation of a 'Lighting Assessment District" in accordance with Governmental Code Section 56000. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. A striping plan is required for La Serena Way. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant. The landdivider shall comply with this department's recommendatie&s for SP 199 as outlined in our letter dated June 2, 1988. GH:lh Very truly yours, Gus Hughes Road Division Engineer TO: PLANNZNG DEPARTMENT RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY RAY HEBRARD FIRE CHIEF 5-3-88 Plannlnl & Enlineerinl Office 4080 L~mon Sireel, Suhe ] 1 Rlverllde, CA 9250! (714) 787.6606 ATTN: TEAM RE: TR 23102 Ntth respect to the conditions of approval for the above referenced land division,* the Fire Department Recomends 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"x2~") located one at each street intersection and spaced no mere than 330 feet apart in any direction, with no portion of any lot frontage more tha& . 165 feet from a hydrant. Minimum fire flow shall be IODO GPH for 2 hours duration at20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans Shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any conbustible building material being placed on an individual lot. All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner George Tatum, Fire Department Planner jhw RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County Planning Department County Administrative Center Riverside, California 92501 Attention: Specific Plan Kathy Gifford Ladies and Gentlemen: Re: Tract 23102 This is a proposal to divide about 16 acres in the Temecula Valley area, The site is at the northwest corner of the intersection of La Serena Way and Butterfield Road. Our review indicates that the area consists of well defined ridges and natural watercourses that traverse the property. The applicant proposes to drain all the onsite flows to La Serena Way with streets and storm drain systems. Some onsite diversion at the site's northeast corner was shown on the tentative map and this should be corrected. Following are the District's recommendations: 1. This tract is located within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted by the BOard. Drainage fees shall be paid as set forth under the provisions of the "Rules and Regulations for Administration of Area Drainage Plans", amended February 16, 1988: Drainage fees shall be paid to the Road Commissioner as part Of the filing for record of the subdivision final map Or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map; or At the option of the land divider, upon filing a re- quired affidavit requesting deferment of the payment of fees, the drainage fees may be paid to the Build- ing Director at the time of issuance of a grading permit or building permit for each approved parcel, whichever may be first obtained after the recording of the subdivision final map or parcel map; provided however, this option to defer the fees may not be exercised for any parcel where grading or structures have been initiated on the parcel within the prior 3 year period, or permits for either activity have been issued on that parcel which remain active. Riverside County Planning Department Re: Tract 23102 - 2 - June 17, 1988 Onsite drainage facilities located outside of ~oad right of wBy should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". All lots sbould be graded to drain to the adjacent street or an adequate outlet. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities should be installed. Drainage facilities outletting sump conditions should designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. The property's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Development of this property should be coordinated with the develo[~nent of adjacent properties to ensure that watercouTses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A copy o[ ~he improvement plans, grading plans and final map alon~ wi~h supporting hydrologic and hydraulic cal- culations should be submitted to the District via the Road Depez~nent for review and approval prior to recorda- tion of the final map. Grading plans should be approved prior to issuance of grading permits. Riverside County Planning Department Re: Tract 23102 - 3 - June 17, 1988 Questions concerning this matter may be referred %o Robert Chiang Of this office at 714/787-2333. cc: Community Engineering Services, Inc. RC:sef Very truly yours, KENNETH L. EDWARDS OHN H. KASHUBA · r Civil Engineer COUNTY oF RIVERSIDE ' DEPARTMENTof HEALTH RIVERSIDE COUNTY PLANNING DEPT. 4080 Lemon Street Riverside. CA 92502 APR i 1988 RIVERSIDE COUNTY PLANNING DEPARTMENT Attn: Kim Gifford RE; Tract Map 23102; Being a portion of the Rancho Temecula 9ranted by the government of the United States of An, erT~a to Luis Vignes by patent dated January 18, 1860 and recorded the Office of the County Recorder of San Diego County. California in Book 1 of Patents at Page 37 and a portion of the Rancho Pauba granted by the government of the United States of America to Luls Vlgnes by patent dated January 19 ]860 and recorded in the Office of the San Diego County Recorder in Book 1 at Page 45. (37 Lots) Gent 1 emen: The Department of Public Health has reviewed Tentative Hap No. 2310~ and recommends that: A water system shall be installed accordIn9 to plans and specification as approved by the water company and the Health Department. Permanent prindts of the plans of the vater system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and 3oint specifications, and the size of the main at the 5unction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and General Order No. 103 of the Public Utilities Commission of t~ State of California, when applicable. Riverside County Planning Dept. Page Two Attn: Klm Glfford April 19, 1988 The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract Map 23102 is in accordance with the water system expansion plans of the Rancho California Water Dlstrlct and that the water service,storage and distribution system will be adequate to provide water service to such tract. This certification does not constitute a guarantee that any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company. This Department has a statement from the Rancho California Water District agreeingto serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recordatlon of the final map. This Department has a statement from the Eastern Municipal Water District agreeing to allow the subdivision sewage system to be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and 3olnt specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines-shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sever district with the following certification: "I certify that the design of the sewer system in Tract Map 23102 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 tlme to treat the anticipated wastes from the proposed tract." ~iv~rsid.~ County Flannxn~ Dept, Pa~ Thr~ ATTN: Kxm 6ifford April 19, 1988 It will be necessary for financial arran.~ements to be made prior to the recordatlon of the f~nal map. SM:tac Must provide adequate rights-of-way. EMWI)' s Right-of-Nay Department. The proponent should contact Must provide a site for the construction of: sewer lift station water pumping station water storage reservoir Will be required to use reclaimed water in the greenbelt areas. Is within the Assessment District. Conditions must be included that the tract cannot be recorded until the assessment has been paid in full or an a~m~ended assessment district has been 'recorded. Requires major master planning and the District cannot coherent until the master plan is completed. Can be provided with water service since the District has existing water facilities in the area. {does not consider fire flow} Can be provided with sewer service since the District has adequate sewer facilities. All above comments are subject to revision during submittal of tracts for approval. Should you have questions on any of the above comments, please call me. Very Truly Yours, EASTERN ~UNICIPAL WATER DISTRICT Planning Department CITY OF TEMECULA ~ VICINITY MAP ) CASE NO. P.C. DATE CITY OF TEMECULA ) R,~ SP ZCNE / AJ, i-IOA \ cZ~ / ZONE MAP r CASE NO. P.C, DATE CITY OF TEMECULA ) G MIN ITA 9;LLAG SWAP MAP r CASE NO. yT"/vf z~/oz P.C. DATE '/- ITEM #11 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: First Extension of Time for Vesting Tentative Tract Map No. 23103 Prepared By: Richard Ayala Recommendation: ADOPT Resolution 91- recommending approval of the First Extension of Time for Vesting Tentative Tract Map No. 23103 subject to the attached Conditions of Approval, based on the Findings contained in the Staff Report APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT I ON: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Marlborough Development Corporation Marlborough Development Corporation First Extension of Time West of Butterfleld Stage Road between La Serena Way and Rancho California Road. Specific Plan No. 199 (Margarita Village) North: R-T IMobile Home Subdivision and Mobile Home Park) 5outh: SP ISpeclfic Plan No. 199, Margarita Village) East: A-1-10 ILight Agriculture 10 Acres Minimum) West: SP (Specific Plan No. 199, Margarita Village) Not requested. Vacant (Rou9h Graded) STAFFRPT\VTM23103 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: North: Vacant South: Single Family Residential East: Agriculture West: Vacant Total Acreage: Total Lots Proposed: Proposed Density: Proposed Minimum Lot Size: 29.2 acres 18 lots 0.6 DU/AC 1.0 acre Vesting Tentative Tract Map No. 23103 was recommended for approval on September 28, 1988 by the Riverside County Planning Commission in conjunction with Tract Nos. 23100 Amd. No. 1; 23101; and 23102 Amd. No. 1. All four tracts implement Village B of the Margarita Village Specific Plan (SP 199 Amd. No. 1) which was previously approved by the Board of Supervisors on September 13, 1988. Subsequently all four tracts (23100 Amd. 1, 23101, 23102, and 23103 Amd. 1 ) were approved by the County Board of Supervisors on November 8, 1988. Vesting Tentative Tract Map No. 23103 is a proposal to subdivide approximately 29.2 acres into 18 single family residential lots averaging approximately 51,~,00 square feet (1.18 acre) with a minimum lot size of one acre. The subject site is located west of Butterfield Stage Road between La Serena Way and Rancho California Road. Desiqn Considerations The proposed subdivision has been designed in accordance with the standards of Ordinance Nos. 3~,8, ~,60 and Specific Plan No. 199. The main access to the project is Butterfield Stage Road. The project has been designed to provide increased land use and circulation efficiency. Density The proposed subdivision (Vesting Tentative Tract Map No. 23103) is consistent with the Density Designation for Specific Plan No. 199 of .~-2 DU/AC. The actual proposed subdivision density is 0.6 DU/AC. STAFFRPT\VTM23103 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Grading The subject site has been partially rough graded and yet needs to be fine graded. The proposed subdivision will entail approximately 95,000 cubic yards of raw cut and approximately 210,000 cubic yards of raw fill which will be imported from Tract 23100. The finished grading will be consistent with adjacent existing residential developments. The proposed density of 0.6 DU/AC is consistent with the Southwest Area Community Plan and Specific Plan No. 199 (Margarita Village). In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. Environmental Assessments have been prepared on all four tracts 123100 Amd. No. 1, 23101, 23102, 23103 Amd. No. 1). Environmental impacts were assessed in EIR No. 107 and EIR No. 202 prepared for the Rancho Village Specific Plan and the Margarita Village Specific Plan. Additional environmental evaluations have been provided by the reports prepared for the specific plan amendment and the acoustical studies prepared for three tracts. No significant environmental impacts have been found. Therefore, Staff is not requesting any further environmental determination. There is a reasonable probability that this project 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 project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. 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, due to the fact that the project is in conformance with 5TAFFRPT\VTM23103 3 existing and anticipated land use and design guidelines standards. The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project sirens existing Specific Plan No. 199 (Low Density Family Housing) land use designation. 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 density, due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. Vesting Tentative Tract Map No. 23103 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and internal traffic circulation. 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 project is consistent with the current zoning of the subject site (Specific Plan No. 199), and also consistent STAFFRPT\VTM23103 4 with the adopted Southwest Area Community Plan (SWAP) designation of Specific Plan. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes an independent access point from Butterfield Stage Road which has been determined to be adequate by the City Engineer. 10. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. 11. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. STAFF RECOMMENDATION: Planning Department Staff recommends that the Planning Commission: ADOPT Resolution 91 - recommending approval of the First Extension of Time for Vesting Tentative Tract Map No. 23103 subject to the attached Conditions of Approval, based on the findings contained in the Staff Report. RA:ks Attachments: Resolution 91- Conditions of Approval Exhibits A. Site Plan STAFFRPT\VTM23103 5 ATTACHMENT 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF FIRST EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 23103 TO SUBDIVIDE A 29.2 ACRE PARCEL INTO 18 SINGLE FAMILY RESIDENTIAL LOTS LOCATED WEST OF BUTTERFIELD STAGE ROAD BETWEEN LA SERENA WAY AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 923-210-010. WHEREAS, Marlborough Development Corporation filed a Extension of Time in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Extension of Time application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract MaD on April 15, 1991, 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 Extension of Time; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. 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\V:FM23103 6 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 Extension of Time is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Covernment 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: There is reasonable probability that First Extension of Time for Vesting Tentative Tract Map No. 23103 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. 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\VTM23103 7 ~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. L~60, no subdivision or extension of time may be approved unless the followin9 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. 9) 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 Extension of Time makes the following findings, to wit: STAFFRPT\VTM23103 8 a) b) c) d) e) There is a reasonable probability that this project 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 project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. 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, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards. The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing Specific Plan No. 199 {Low Density Family Housing) land use designation. 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 density, due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. STAFFRPT\VTM23103 9 f) g) h) j) Vesting Tentative Tract Map No. 23103 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and internal traffic circulation. 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 project is consistent with the current zoning of the subject site (Specific Plan No. 199), and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of Specific Plan. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes an independent access point from Butterfield Stage Road which has been determined to be adequate by the City Engineer. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. STAFFRPT\VTM23103 10 k) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and hereln incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. That the City of Temecula Planning Commission hereby determines that the previous Environmental Determination (Adoption of Negative Declaration for Environmental Assessment No. 32535) still applies to said tract map. 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 EIR Nos. 107 and 202 and 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 for the First Extension of Time for Vesting Tentative Tract Map No. 23103 for the subdivision of a 29.2 acre parcel into 18 single family residential lots located west of Butterfield Stage Road between La Serena Way and Rancho California Road and known as AssessoPs Parcel No. 923-210-010 subject to the following conditions: A. Exhibit A, attached hereto. SECTION PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. DENNIS CHINIAEFF CHAIRMAN STAFFRPT\VTM23103 11 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 15th day of April, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT' VTM23103 12 ATTACHMENT 2 CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 23103 Commission Approval Date: Expiration Date: Planninq Department Unless previously paid, 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 verification that Section 10. 35 of Ordinance No. u,60 has been satisfied regarding payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. ~,60. Verification shall be submitted prior to issuance of any certificate of occupancy. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developeris 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. This conditionally approved Extension of Time for Vesting Tentative Tract Map No. 23103 will expire one ~1 ) year after the original expiration date, unless extended as provided by Ordinance u,60. The expiration date is November 8, 1991. The subdivider shall comply with the original Conditions of Approval for Tentative Tract Map No. 23102 Isee attached) except as amended herein. 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. STAFF R PT\VTM23103 13 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 ragistered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. u,60. Submit letter from adjacent property owner that the proposed drainage on their property is acceptable to them. PRIOR TO RECORDATION OF THE FINAL MAP: As deemed necessary by the City Engineer or his representative 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 Parks and Recreation Department. 10. 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. 11. Vehicular access shall be restricted on Butterfield Road and so noted on the final map. 12o Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. 13. 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 CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: STAFFRPT\VTM23103 14 a. The CC~,R's shall be prepared at the developer's sole cost and expense. The CC~,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 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 CC~,R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC~,R~s shall provide that if the property is not maintained in the condition required by the CC~,R~s, then the City, after making due demand and giving reasonable notice. may enter the property ar~! perform, at the ownerrs sole expense, any maintenance required thereon by the CC~,R~s or the City ordinances. The property shall be subject to a llen in favor of the City to secure any such expense not promptly reimbursed. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. ii. All parkways, open areas, and landscaping shall be permanently maintained by homeowner~s association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. The developer, or the developer~s successor, shall execute a current Public Faci litles Agreement with the City of Temecula which provides for the payment of the sum of money per residential unit then established by Resolution of the City Council, prior to the issuance of any building permits for any individual lots. 15. The subdivider shall construct or post security and an agreement shall be executed guaranteelng the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, STAFFRPT\VTM23103 15 16. 17. 18. 19. signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping {street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 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. 0,61 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. A minimum centerline street grade shall be 0.50 percent. 20. 21. 22. 23. 2q-, All driveways shall be located a minimum of two (2) feet from the property line. 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 20? x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 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. 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. STAFFRPT\VTM23103 16 25. 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." 26. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 27. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 28. 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: 29. 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 Engineer's Office. 3O. A grading permit shall be obtained from the Engineering Department prior te commencement of any grading outside of the City-maintained road right-of- way. 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. PRIOR TO BUILDING PERMIT: 32. 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. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 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. STAFFRPT\VTM23103 17 35. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Asphaltic emulsion Ifo9 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 9~, of the State Standard Specifications. 37. 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 OF THE FINAL MAP: 38. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Chenin Cllnet and Placer Loudeaonne and shall be included in the street improvement plans. 39. Condition No. 7 in the County of Riverside Road letter dated July 22, 1988 shall be deleted. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Condition No. 28 in the County of Riverside Road letter dated July 22, 1988 shall be modified to read: A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Butterfield Stage Road and shall be included with the street improvement plans. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 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. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plans. STAFFRPT\VTM23103 18 Bui)dinq ~, Safety Department Submit approved tract map to the Department of Building and Safety for addressing prior to submittal for Structural Plan Review. ~,5. Obtain )and Use and Building Department clearances. ~,6. School fees shall be paid to Temecula Unified School District. STAFFRPT\VTM23103 19 RIVERSIDE COUNTY PLANNING DEPARTHENT SUBDIVISION CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 23103 DATE: 9-28-88 A~ENDED NO. I STANDARD CONDITIONS The subdivlder shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County of Riverside, its advisory agencies, appeal boards or legislative body concerning Tentative Tract 23103, Anended No. 1, which action is brought about within the time period provided for in California Government Code Section 66499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County 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 County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule B, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision t~p Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Deparbnent of Building and Safety. The report shall address the soils stability and geological conditions of the site. %f any grading ts proposed, the subdivider shall submit one print of comprehensive grading plan to the Department of Building and Safety. The ~an shall comply with the Uniform Building Code, Chapter 70, as amended Ordinance 457 and as maybe additionally provided for in these conditions of approval. Conditions of Approval Tentative Tract No. 23103, Mended No. 1 Page 2 A grading permit shall be obtained from the Department of Building and Safety prior to cc,,,;~ncement of any grading outside of county maintained f road right o way. 8. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. The subdivider shall comply with the street improvement recommendations outlined in the Riverside County Road Department's letter dated 7-22-B8 a copy of which is attached. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County netntained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons s~h offers. All dedications shall be free from all encumbrances as approved by*the Road Commissioner. Street names shall be subject to approval of the Road Commissioner. 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 County Surveyor. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's letter dated 6-23-B8 a copy of which is attached. The subdivider shall comply with the flood control recommendations outlined by the Riverside County Flood Control Oistrtct's letter dated 6-)~-8~ g-27-BB a copy of which is attached. If the land division lies ~rithtn an adopted flood control drainage area pursuant to Section 10.25 of Ordinance 460, appro rtate fees for the construction of area drainage facilities shall be coVlected by the Road Con;~tsstoner. (Amended by Planning Commission 9-2B-BB) lhe subdivider shall comply with the fire improvement recommendations outlined in the County Fire Harshal's letter dated 9-29-BB a copy of which is attached. Subdivision phasing, including any proposed conmnon open space area improvement phasin , 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. Conditions of Approval Tentative Tract No. 23103, Amended No. 1 Page 3 Lots created by this subdivision shall comply with the following: a All lots shall have a minimum size of I acre gross. b. All lot length to width ratios shall be in conformance with Section 3.8C of Ordinance 460. Corner lots and through lots, if any, shall be provided with additional area pursuant to Section 3.8B of Drdinance 460 and so as not to contain less net area than the least amount of net area in non-corner and through lots. Lots created by this subdivision shall be in confonnance with the development standards of the Specific Plan No. 199 Amendment No. 1 ZOne, When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. 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. Trash bins, loading areas and incidental storage areas shall be located away and visually screened from surrounding areas with the use of block walls and landscaping. Prior to RECORDATION of the final map the following conditions shall be "satisfied: Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met. County Fire Deparbnent County Flood Control County Parks Department Rancho Water District · County Health Department County Planning Department Eastern ~nicipal Water Dtst. Prior to the recordatton of the final map, General Plan Amendment No. 150, Specific Plan No. 199, Amendment No. 1, Development Agreement No. 5, and Change of Zone No. 5107 shall be approved by the Board of Supervisors and shall be effective. Lots created by this land Conditions of Approval Tentative Tract No. 23103, Amended No. I Page 4 division shall be in conformance with the development s~andards of the zone ultimately applied to the property. 19. All existing structures on the subject property shall be removed prior to recordation of the final map. Impacts to the Temecula Elementary and Elstnore Union High School District shall be mitigated at the development application stage in accordance with the district policies. 21. The common open space area shall be shown as a numbered lot on the final map and shall be managed by a master property owners association or CSA. (Amended by Planning Commission 9-28-88} 9-28-88} ].~_Jl~[ar.~ar~t.t~N~,~f-~x~r~.~:~KH-t-t~)n~,~4x~t;t~')c-t-i~,n)n~L- (Amended by Planning Commission 9-28-B8) a~-~-~yt~k~-ion~- ic -~~GL<~iIy~y~l~. (Amended by Planning Commission 9-28-88) 4~i~ertvt4ie-er-4~he-~,~t~y-'~-~es~r4~-i,~t~4:~ (Amended by Planning Commission 9-28-88) Conditions of Approval Tentative Tract No. 23103, Amended No. 1 Page 5 22. ev~ers-ef-eaeh-4~4v4elue4-qet-er--w~4(--ier--(~-rea~e~ab~e--c~s(--4~f- :cemmee-eree~- (~nded by Planntng C~ss~on 9-28-88) ~~-~,-~~~-~ (Amende~ by Plannlng C~m~ss~on 9-28-88) (~ende~ b~ Planning Commission 9-28-88) Prior to the recordatlon of the f~nal mp, the subd~v~der shal~ convey to the County fee s~mple t~tle. to all colon or common open space areas. free and clear of a~l l~ens, taxes. asses~nt, leases (recorded and unrecorded) and easements, except those easements which ~n the so~e d~scret~on of the County are acceptabl.e. ~ a conditions p~ecedent to the County accepting t~tle to such areas, the subd~v~der sha~l su~ t the following documents, to the Planning Depar~nt for review. whtch documents shall be subject to the approval of that depar~ent and the Offtce of the County Counsel: (~ende~ b~ Planntng C=Isston 9-28-88) 1) A declaration of covenants, conditions and restrictions; and (~ended by Planning C~tsston 9-28-88) 2) A sable docu~nt conve~ng t~tle to the purchaser of an Individual lot or unit whtch provtdes that the declaration of covenants, conditions and restrlcttons ts Incorporated there~n by reference. (~nded by Planntng C~tsston 9-28-88) ~e declaratlon of covenants, conditions and restrictions su~tted for rev~ shall (a) provide for a te~ of 60 ~ars, (b) provide for the establishment of a propert~ ~ers' association c~prlsed of the o~ers of each ~nd~v~dual lot or untt and (c) contatn the following provisions verbatim: (~ended by Planning ~ss~on 9-2~88) Conditions of Approval Tentative Tract No. 23103, Amended No. 1 Page 6 'Notwithstanding any provision in this Declaration to the contrary, the 1 i following provision shall apply: {Amended by P ann ng Con~isston 9-28-88) The property owners association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the County of Riverside, and the property owners' association shall unconditionally accept from the County of Riverside, upon the County's demand, title to all or any part of the 'common area', more particularly described on Exhibit ' ' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'con~non area' shall be at the sole discretion of the County of Riverside. (Amended by Planning Conelesion 9-28-B8) In the event that the common area, or any part thereof, is conveyed to the property owners' association, the association, thereafter shall own such 'common area., shall manage and continuously maintain such 'common area', of any part thereof, absent the prior written consent of the Planning Di rector of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and sahll have the right to lien the property of any such owner who defaults in the paJnnent of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. (Amended by Planning Commission 9-28-88) This Declaration shall not be terminated, 'substantially' amended or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area'. (Amended by Planning Commission 9-28-88) In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." (Amended by Planning Commission 9-2B-BB) Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. (Amended by Planning Commission 9-28-B8). Condttlons of Approval Tentative Tract No. 23103. Amended No. 1 Page 7 23. The developer shall comply with the following parkwa~ landscaping conditions and Specific Plan No. lgg, Amendment No. 1: 24. 25. 1) 2) 3) Prior to recordatton of the final map the developer shall file an application with the County for the formation of or annexation to, a parkway maintenance district for Tentative Tract No. 23102 in accordance with the Landscaping and Lighting Act of 1972, unless the project is within an existing parkway maintenance district~ Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the County Road and Planntng Depart=ant. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent ftllng with the County Road Department. The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, quaranteeing the viabiltty of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. 4) The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance is taken over by the district. 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. Street lights shall be provided within the subdivision in accordance with the standards of Ordinance 461 and the following: 1) Concurrently with the filing of subdivision improvement plans with the Road Department, the developer shall secure approval of the proposed street light layout first from the Road Department's traffic engineer and then from the appropriate utility purveyor. 2) Following approval of the street lighting layout by the Road Department's traffic engineer, the developer shall also file an application with LAFCO for the formation of a street lighting district, or annexation to an existing lighting district, unless the site is within an existing lighting district. 3) Prior to recordation of the final map, the developer shall secure conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. Conditions of Approval Tentative Tract No. 23103, Amended No. 1 Page 8 4) All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Deparbnent 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. Prior to the issuance of GRADING PERNITS 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 Deparb~ent approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following. d 1). Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2) Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 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. 4) Parkways and landscaped bull ding setbacks 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 in conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Department and Specific Plan No. 199 Amendment No. 1. s) 6) 7) 8) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where streets 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. Conditions of Approval Tentative Tract No. 23103, Amended No. 1 Page g 28. 2g. 30. 9) All trees shall be minimum double staked. trees shall be steel staked. Weaker and/or slow growing All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced writh specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. If the project is to be phased, prior to the approval of grading permits, an overall conceptual rading 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: 1) 2) 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 ~rch. 3) Preliminary pad and roadway elevations. 4) Areas of temporary grading outside of a particular phase. PriDr 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. Grading plans shall conform to Board adopted Hillside Development Standards: All cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical hei hts shall be modified by an appropriate co~inatton of a special terraclng (benching) plan increase slope ratio (i.e. 3:1), retaining walls, and/or slope planting combined with irrigation. All driveways shall not exceed a fifteen percent grade. All cut slopes located adjacent to ungraded natural terrain and exceeding t.n PoV) l'. tn v.rttc.1 h. ights ,hall b. co.tour-gr. ded incorporating the grading techniques: 1) Re angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Conditions of Approval Tentative Tract No, 23103, Amended No. 1 Page 10 2. 33. 2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3) 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. 4) 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 BUILDING PERMITS the following conditions shall be satisfied: With to the submittal of building plans to the Department of Building and Safety the developer will demonstrate compliance with th~ · acoustical study prepared for Tract 23103 Amended No. I which established appropriate mitigation measures to reduce ambient interior noise levels to 45 Ldn and exterior noise levels below 65 Ldn. b. Building separation between all buildings including fireplaces shall not be less than ten {10} feet. c. All street side yard setbacks shall be a minimum of 10 feet. In accordance with the written request of the developer to the County of Riverside, a copy of which is on file, and in furtherance of the agreement between the developer and the County of Riverside, no building permits shall be issued by the County of Riverside for any parcels within the subject tract until the developer, or the developer's successors-in-interest provided evidence of compliance with the terms of said Development Agreement No. 5 for the financing of public facilities. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: a. Wall and/or fence locations shall substantially conform to attached Figure III-2B of Specific Plan No. 199 Amendment No. 1. {Amended by Planning Commission 9-28-B8) - All landsca ing and irrigation shall be installed in accordance with approved pV prior to the issuance of occupancy permits. If ans 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. Conditions of Approval Tentative Tract No. 23103, Amended No. 1 Page 11 35. All landscaping and irrigation shall be installed in accordance wit~ approved plans and shall be verified by a Planning Oeparbnent field inspection. Not withstanding the preceding conditions,the heights of all required walls shall be determined by the acoustical study where applicable. Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance 461 and Specific Plan No. 199 Amendment No. 1. Street trees shall be planted throughout the subdivision in accordance with the standards of Ordinance 460 and Specific Plan No. 199 Amendment No. I Development of Tentative Tract No. 23103 Amended No.1 conform to shall comply with the provisions of Specific Plan No. 199 Amendment No. 1 and Development Agreement No. 5. KG:mp RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County Planning Department County Administrative Center Riverside, California Attention: Regtonal Team No. Re: 'T'r~c~ Area: We have reviewed this case and have the following comments: 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 drainage plan fees shall be paid in accordance with the applicable r~lesArea 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 Distrtct's report dated ~r. Ke 1'7, (lti'is still current for this project. The District does not object to the proposed minor change. The attached comments apply. Very truly yours, CO: KENNETH L. EDWARDS Chief Engineer JOHN H. KASHUBA Senior Civil Engineer DATE: ~er~ . ~?, KL~NNrrH L.. [DWARDI rises NA.KICT 8TRIter RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT June 17, 1988 Riverside County Planning Department County ~ministrative Center Riverside, California 92501 Attention: Specific Plan Kathy Gifford Ladies and Gentlemen: Re: Tract 23103 This is a proposal to divide about 29 acres in the Temecula Valley area. The site is along the west side of Butterfield Stage Road. This tract is within Specific Plan 199 for which the drainage plan has been approved. Our review indicates that the area consists of well defined ridges and natural watercourses that traverse the property from the east to the west. The applicant proposes to accept these offsite flows across Butterfield Stage Road with culverts and daylight the flows in their natural paths on the property. Onsite flows would be drained with streets. Following are the District's recommendations: This tract is located within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted by the Board, Drainage fees shall be paid as set forth under the provisions of the "Rules and Regulations for Administration of Area Drainage Plans", amended February 16, 1988: Drainage fees shall be paid to the Road Commissioner aB part Of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map; or At t~ option of the land divider, upon filing a re- quired affidavit requesting deferment of the payment o~ fees. the drainage fees may be paid to the Build- ing ~irector at the time of issuance of a grading permit or building permit for each approved parcel, whichever may be first obtained after the recording of the subdivision final map or parcel map; provided however. this option to defer the fees may not be exercised for any parcel where grading or structures Riverside County Planning Department Re: Tract 23103 - 2 - June 17, 1988 have been initiated on the parcel within t~e prior 3 year period, or permits for either activity have been issued on that parcel which remain active. Adequate inlets and outlets should be provided to the proposed culverts under Butterfield Stage Road. The ap- propriate capacity of the culverts should be provided. Erosion protection should be provided along all the slopes which are exposed to the potential erosion hazards. fill Onsite drainage facilities located outside of road right of way should be contained within drainage easements shown On the final map. A note should be added to the final map stating, "Drainage easements shall be kept free4 of buildings and obstructions". Offsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be re- corded and a copy submitted to the District prior to recordation of the final map. All lots should be graded to drain to the adjacent street or an adequate outlet. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is exceeded. additional drainage facilities should be installed. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. The property's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. Riverside County Planning Department Re: Tract 23103 June 17; 1988 Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be submitted to the District via the Road Department for review and approval prior to recorda- tion of the final map. Grading plans should be approved prior to issuance of grading permits. Questions concerning this matter msy be referred to Robert Chiang of this office at 714/787-2333. Very truly yours, cc: Community Services Engineering, Inc. KENNETH L. EDWARDS · r Civil Engineer RC:sef R 335-146-50 June 7, 1988 Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92501 Attention: Mr. RonGoldman: Reference: Tentative Tract No. 23103 - LOt 18 Variance for Lot Depth to Width Ratio Dear Mr. Goldman: We are requesting a variance from the County of Riverside in regardato Ordinance 460, Section 3.8.C. for LOt 18 of Tentative Tract No. 23103, Amend Map No. 1. This section requires that the lot depth shall not exceed 2 1/2 times the lot width. Upon reviewing the proposed tentative, the County of Riverside Road Department has stated that no vehicular access will be allowed from private property onto Butterfield Stage Road. We can only provide access to the area previously known as Lot 19 by combining Lots 18 and 19. This single lot has its access only from Street "C". By not combining these two lots, the area previously kno~ as LOt 19 becomes inaccessable and virtually lend locked. Based on these conditions and requirements, we therefore, request a variance from aforementioned section of Ordinance 460. Thank you for your help in expediting this matter. Very truly yours, 7INE~, INC. Bill U~ BU/em co: Rick Niec, Marlborough Development Bob Brink, Turrini and Brink, Planning Consultants ,9 Riverside County Planntng Commission 4080 Lemon Street Riverside, CA 92501 OFFICE OF ROAD COMMISSIONER 6 COUNTY ,~URI/EYOR July 22, 1988 Re: Tract Map 23103 - Amend Schedule A - Team SP Ladies and Gentleman: With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards {Ordinance 461). It is -understood that the tentative map correctly shows acceptable centerline profiles, all existing easemants, traveled ways, and drainage courses with appropriate O's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true maaning of the conditions shall be referred to the Road Commissioner°s Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentra- tion of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities or by securing a drainage easement or by beth. All drainage easemants shall be shown on the final map and noted as follows: 'Drainage Easement - no building, obstructions, or encroachments by land fills are allowed'. The protection shall be as approved by the Road Department. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department. Tract.Nap 23103 - Amend July 22, 1988 page 2 10. 11. 13. NaJor drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. ~ Butterfield Stage Road (including RCWD site) shall be improved within the dedicated right of way in accordance with County Standard No. 100, (43'/55'). "C" Street shall be improved within the dedicated right of way in accordance with County Standard No. 103, Section A. {44'/66'). 'B" and mS" Streets shall be improved within the dedicated right of way in accordance with County Standard No. 104, Section A. (40'/ The landdivider will provide a left turn lane on Butterfield Stage Road at the intersection with 'C" and "S" Streets as approved by the Road Department. ~ The landdivider shall provide utility clearance from Rancho Calif. Water District prior to the recordation of the final map. The maximum centerline gradient shall not exceed 15%. The minimum centerline radii shall be 300' or as approved by the Road Department. The minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet or as approved by the Road Commissioner. All driveways shall conform to the applicable Riverside County Standards. When blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. Tract I~ap 23103 - Amend Juqy 22, 1988 Page 3= 15. 16, 21. 22. 23. 4e The minimum garage setback shall be 30 feet measured from the face of curb. Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 4OD and 401 (curb sidewalk). Prior to the recordatton of the final mep, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot'as mitigation for traffic signal impacts. Should the developer choose to defer the time of payment, he may enter into a written agreement with the County deferring said payment to the time Of issuance of a building permit. 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 Riverside County Road Comissioner. Completion of road improvements does not imply acceptance for maintenance by County. Electrical and communications trenches shall be provided in accordance with Ordinance 461, Standard 817. Asphaltic emulsion (fog seal) shall be applied not less than fourteen 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 Sections 37, 39 and g4 of the State Standard Specifications. Standard cul-de-sacs and off-set cul-de-sacs shall be constructed throughout the landdivision. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. Lot access shall be restricted on Butterfield Stage Road and so noted on the final map. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. All centerline intersections shall be at 90° with a minimum 50' tangent measured from flow line. Tract Nap 23103 - Amend Ju~y 22, 1988 Page 4 The street design and improvement concept of this project shall be coordinated with TR 23100, TR 23101 and SP 19g. Street lighting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. The County Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. If not, the land owner shall file an application with LAFCO for annexation into or creation of a 'Lighting Assessment District" in accordance with Governmental Code Section 56000. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. 28. A striping plan is required for Butterfield Stage Road. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant. 29. The landdivider shall comply with this department's recommendations for SP 199 as outlined in our letter dated June 2, 1988. GH:lh Very truly yours, ~e s~/~ ~'/; Road Division Engineer RIVERSIDE COUNTY FIRE DEPART!v[ ENT IN COOPERATION WTTH THE CALIFORNIA DEPARTMENT OF FORESTRY RAy HEBRARD FIRE CHIEF 9-20-88 PLANNING DEPARTI. fXNT TEA~ I, KATHY GIFFORD TR 23103 Planning & EnlineerlnI Office ~4080 Lemon Strzet, Suite I | R|venide. CA 9250! (714) 7874606 j ~lth respect to the conditions of approval for the above referenced land division. the FIre Department recommends the following flre protection measures be provlded in accordance with Riverside County Ordinances and/or recognized flre protection standards: FIRE PROTECTION Schedule "C" fire protection approved standard fire hydrants, (6"x4"x2t") located one at each street intersection and spaced no more than 660 feet apart in any direction, with no portion of any lot frontage more than 330 feet from'a hydrant. Minimum fire flo~ shall be 500 GPN 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 conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: 'I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Dept." 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 FEES 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 may enter into a written agreement with the County deferring said payment to the time of issuance of a building permit. All questions regarding the meaning of the conditions shall be referred to the Flre Department Planning and Engineering staff. KAYt4OND H. REGIS Chief Fire Department Planner By George Tatum, Deputy Fire Barshal RIVERSIDE COUNTY PLANNING DEPT. 4080 Lemon Street Riverside, CA 92502 RIVERSIDE COUNTy PLANNING DEPARTMENT Attn: Kathy Gifford RE; Tract Map 23103; Being a portion of the Rancho Teme~la granted by the 9overnment of the United States of America to Luis Vignes by patent dated January 18, 1860. and recorded in the Office of the County Recorder of San D:ego County, California in Book I of patents at Page 37 and a portion of the Rancho Pauba Government of the United States of America to Luis Vignes by patent dated January 19, 1860 and recorded in the office of the San Diego County Recorder in Book 1 at Pape 45. (19 Lots) Gentlemen: The Department of Public Health has reviewed Tentative Map No. 23103 and recommends that: A water system shall be installed accordxng to plans and specification as approved by the water company and the Health Department. Permanent prindts of the plans of the water system shall be submitted in triplicate, with a mlnimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. Riverside County Planning Dept. Page Two Attn: Kathy Gifford April 18, lg88 The plans shall be signed by a registered engineer and water company with the following certzficatzon: "I certify that the deszgn of the water system z~ Tract Map 23103 is in accordance with the weter system expansion plans of the Rencho California Water Distr~ct and that the water service,storage and distrzbution system will be adequate to provide water servzce to such tract. This certification does not constitute guarantee thet it will supply water to such tract at any specific quantities, flows or pressures for fire protection or any other purpose". This certzfication shall be signed by a responsible official of the water company. This Department has a statement from the Rancho California Water Dastrlct agreeing to serve domestic water to each and every lot in the subdivision on demand providlnG satisfactory f=nancial arrangements are completed w~th the subdivider. It will be necessary for the financial arrangements to be made prior to the recordat=on of the final map. Th~s Department has a statement from the Eastern Municipal Water District agreeing to allow the subd~vlsion sewage system to be connected to the se~ers of the D~strict. The sewer system shall be installed according to plans and speclf~catlons as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submltted in trlpl=cate, along wlth the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Map ~3~03 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed tract." Riverside County Pl&nning Dept. Page Three AT~N: Kathy Oifford April 18, 1988 It will be necessary for financial arrangements to be made prior to the recordatlon of the final map. ~~tll,Y~a~ni~tarian Environmental Health Services SM:tac Bo~n] of Directx~: Ricb~d D. Steffey Jsmes A, Derby 8r. Vice Pz~sideut Ralph Daily Dons Kulberg Joe A. Lundiu Jfffrey L. MilsHer T.C. Rowe Officers: Start T. Mills General Manager Phill~p L. Forbes D~rec~or of Finance o ~easurer Norman L, Thomas DL~ct~r of Eng~neenng Thomas R. McAliester Di~c~or of Operations & Ms~n~nence B~rbara J. Reed Disctot of Administration - Rutan and ~cJ~er Le~t Counsel June 16, 1988 Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501~3657 Subject: Water Availability Reference: Vesting Tract 23103 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. If RCWD can be of further service to you, please contact this office. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Senga P. Doherty Engineering Services Representative F012/jkw169f RANCHO CALIFORNIA WATER DISTRIC 28061 DIAZ ROAD · POST OFFICE BOX 174 · TEMECULA, CA 92390-0174 · (714) 676-4101 · FAX (714J 676-0~ April 15, 1988 Riverside County Planntng Deparlunent 4080 Lemon Street, 9th Floor Riverside, California 92501 WatGAk~M~ Oaaer C Gimen .... 5 "~ ' g C. 1S88 SUBJECT: VESTING TRACT 23103 (Gtfford) The District ts responding to your request for conwnents on the subject project(s) relattve to the provision of water and sewer service. The-items checked below apply to this project review. The subject project: Is not within EHWD's: X water service area sewer service area Must be annexed to this Distrtct's Improvement District No. in order to be eligible to receive domestic water/sanitary sewer service. __ Will be required to construct the following facilities: a.) Water Service b.) Sewer Service Comments were submitted to Riverside Co. (Feb., 15, 1988) regarding SP 199 - Am #1. This is to reiterate those comments that sewers are to be gravity, regionally sized and no sewers will be allowed on private lands, or along lot lines. They are to be in streets. 24550 San Jeclnto SLeet · Poet OfTice Box 858 · Hemet, CeiLfort, is 92343 · Telephone (TI4) 925-TG76 CITY OF TEMECULA ~ // t /' C VICINITY MAP CASE NO. P.C. DATE CITY OF TEMECULA ~ '2 \ R-T L~ \ AJ~i-IO SP ZCNE. R-I R ZONE MAP CASE NO. Y~ P.C, DATE CITY OF TEMECULA ~ / ~, RI TA ~'1LLAGE SP 19'9 SWAP MAP CASE NO. ~ ~:/~3 P.C. DATE )TEM N:12 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: Change of Zone No. 12 Prepared By: Mark Rhoades Recommendation: The Planning Department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of the Negative Declaration for Change of Zone No. 12; and ADOPT Resolution No. 91- recommending approval of Change of Zone No. 12. APPLICATION INFORMATION APPLICANT: Advanced Cardiovascular Systems. Inc. REPRESENTATIVE: Markham F, Associates PROPOSAL: Change of Zone from A-2-20 ( Heavy Agriculture) to I-P (Industrial Park) and R-5 IOpen Area Zone) on L~I. 6 acres. LOCATION: Northwest corner of Solana Way and Margarita Road. EXISTING ZONING: A-2-20 Heavy Agriculture) SURROUNDING ZONING: North: A-2-20 South: R-3 East: R -2 West: C-1/C-P Heavy Agriculture) General Residential ) Multi-FamilyResidential ) General Commercial ) PROPOSED ZONING: I-P (Industrial Park), R-5 (Open Area Zone) EXISTING LAND USE: Vacant A:CZ12 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: ANALYSIS: North: South: East: West: Vacant Multi-Family Residential Sin91e Family Residential/Vacant Automotive Sales/Retail No. of Parcels: No. of Acres: 2 ~1.6~ (gross) Change of Zone No. 12 was submitted to the City of Temecula Planning Department on February 20, 1991. The applicant's original request was for a change of zone on approximately 41 acres from A-2- 20 (Heavy Agriculture) to M-SC (Manufacturing- Service Commercial). The applicant was informed by Staff that the SWAP land use designation for the proposed site is commercial, which is not compatible with any industrial zoning designations. However, the applicant decided to pursue an industrial designation and altered the request to I-P (industrial Park). The applicant decided to proceed with a light-industrial zone such as I-P because it affords the City stricter development standards, The request for R-5 zoning is for areas adjacent to Margarita Road and Solana Way in order to further buffer the proposed I-P zone from existing and approved residential uses. Location The proposed change of zone is located on the northwest corner of Margarita Road and Solana Way. East of the site across Margarita Road is a 28z~ unit approved multi-family residential development. South of the site across Solana Way is an existing high density multi-family residential development. East of the proposed site are existing auto dealership pads and a retail center. Northeast of the site is a proposed specific plan for commercial development which extends north along Ynez Road to Winchester Road. Northerly of the subject site is the proposed Campos Verdes Residential Specific Plan which extends north along Margarita Road. ChanqeofZone The existing zoning of the subject site is A-2-20 which is heavy agriculture with a twenty (20) acre minimum lot size. The site consists of two (2) parcels of just over twenty acres each. The proposed change of zone is a request for i-P A:CZ12 2 GENERAL PLAN AND SWAP CONSISTENCY: I Industrial Park) zoning on both parcels. Staff's concern is that I-P zoning is not compatible with any of the adjacent zoning designations. The project is surrounded by R-2 and R-3 zoning to the east and south, C-1/C-P {General Commercial) to the west, and current A-2-20 zoning to the north of the site. The residential areas to the south and east are of greatest concern because of the potential impacts of an industrial use. The I-P zone requires a 50 foot setback where residential or commercial zones are adjacent. This would include the project site perimeter. As a result of Staff's concern regarding residential buffering the applicant has proposed an R-5 strip which will provide open area buffering. The R-5 zone will be shown on the zoning map as a seventy-five {75) foot wide strip along Margarita Road and Solana Way wherever the subject site is adjacent to the subject City rights-of-way. Improvements to the R-5 portion of the site would be considered concurrently with any development plans in the proposed I-P portion of the site. At that time Staff would review the R-5 area relative to par~ type improvements. The proposed change of zone is not consistent with the current SWAP designation of Commercial. The Commercial designation for SWAP does not allow any industrial-type zoning. However, the proposed industrial zoning will be buffered by an R-5 open area strip adjacent to Margarita Road and Solana Way. The I-P zone development standards also insure additional buffering where the project is adjacent to commercial and residential zones. For this reason Staff has determined that the impact of future development on adjacent sites under the proposed zoning would be minimized. Currently, there is a project with existing M-SC { Manufacturing-Service Commercial ) zoning across Ynez Road to the northwest. The existing SWAP designation at that site is Restricted Light Industrial. The proposed I-P zoning would facilitate the future development and expansion of the applicant's existing use. A:CZ12 3 ENVIRONMENTAL DETERMINATION: FINDINGS: The Southwest Area Community Plan has not been adopted by the City of Temecula, however, it is used as a general guideline. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment. The most significant impacts the proposed change of zone might incur would be relative to traffic/circulation and adverse impacts to adjacent USeS · Because of the intensity of uses allowed in the I-P zone, traffic impacts could be substantial. The SWAP designation for Margarita Road is Major Arterial which calls for an ultimate right-of-way of 10 feet. Solana Way has an ultimate right-of-way of 88 feet. This would facilitate the movement of traffic from the proposed site. The applicant has also indicated that access will be partially taken from Ynez Road which will also relieve impacts on Margarita Road. Potential impacts to adjacent uses from future development will be mitigated through the enforcement of development standards. The I-P zone requires a 50 foot setback when adjacent to commercial or residentially zoned areas. In addition, the applicant proposes an R-5 open area buffer zone along Margarita Road and Solana Way. This will further separate the existing and future residential uses from the possible future impacts of light industrial development. Staff recommends that a Negative Declaration be adopted. The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. There is a reasonable probability that the zone change from A-2-20 to I-P will be consistent with the future General Plan. Further, zoning proposed are similar to existing zoning in the vicinity of the project site. A:CZ12 4 STAFF RECOMMENDATION: MR:ks Attachments: 1. 2. 3. There is not a reasonable 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 due to the fact that the proposal is substantially buffered from surrounding land uses. The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for any proposed use. Possible land use conflicts are not likely to arise as the project proposes building setbacks to buffer uses exittin9 in th~ general vicinity of the subject site. Adequate access exists for the proposed change of zone from Solana Way and Margarita Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. The Planning Department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of the Negative Declaration for Change of Zone No. 12; and ADOPT Resolution No. 91- recommending approval of Change of Zone No. 12. Resolution Environmental Assessment Exhibits A:CZ12 5 ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONE CHANGE NO. 12 TO CHANGE THE ZONING ON 41 ,6~ ACRES OF LAND FROM A-2-20 IHEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AT THE NORTHWEST CORNER OF SOLANA WAY AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 921-090-007, 008. WHEREAS, Advanced Cardiovascular Systems, Inc. filed Change of Zone No. 12 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 April 15, 1991, 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 recommend 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. 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: A:CZ12 6 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 time~ fashion with the preparation of its General Plan. C. The proposed Change of Zone is consistent with the SWAP and does 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 Change of Zone No. 5 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. A:CZ12 7 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. { 1 ) Pursuant to Section 6.5, no Change of Zone 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 Zone change approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. {2) The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings to wit: a) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. b) There is a reasonable probability that the zone change from A-2-20 to I-P will be consistent with the future General P)an. Further, zoning proposed are similar to existing zoning in the vicinity of the project site. c) There is not a reasonable 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 due to the fact that the proposal is substantially buffered from surrounding land uses. d) The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. e) The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for any proposed use. Possible land use conflicts are not likely to arise as the project proposes building setbacks to buffer uses existing in the general vicinity of the subject site. A:CZ12 8 f) Adequate access exists for the proposed change of zone from Solana Way and Margarita Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. g) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. That the City of Temecula Plannin9 Commission hereby recommends approval of Zone Change No. 12 to change the zoning on ~,1.64 acres of land from A- 2-20 to I-P at the northwest corner of Solana Way and Margarita Road. SECTION 4. PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. 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 15th day of April, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:CZ12 9 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Advanced Cardiovascular Systems, Inc. Address and Phone Number of Proponent: 26351 Ynez Road Temecula, CA 92390 (714) 694-2400 Date of Environmental Assessment: March 4, 1991 4. Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Change of Zone No. 12 6. Location of Proposal: Northwest Corner of Solana Way and Marqarita 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 Substantial change in topography or ground surface relief features? X The destruction, coverin9 or modi- fication of any unique 9eologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X A:CZ12 10 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 A:CZ12 11 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 (blrds, 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 A:CZ12 12 10. 11. 12. 13. Noise. Will the proposal result in: Yes Maybe No a. Increases in existing noise levels? __ X Exposure of people to severe noise levels? X Li9ht 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? X X X 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, 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, density, or growth rate of the human population of 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? X X X X X A:CZ12 13 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, b/cyclists or pedestrians? __ __ X 1~,. 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 facilities? 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 A:CZ12 1~, 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 A:CZ12 15 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? 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? __ X X X X A:CZ12 16 III Discussion of the Environmental Evaluation 1 .a-g. 2.a,b,c. 3.a-i. No. No development is proposed at this time. At such time that development is proposed an initial Study will be prepared addressing specific concerns. The possible impacts caused by grading concerns will not be increased by a change in the zoning classification. Maybe. A change in land use from agriculture to industrial instead of the planned commercial could have potential impacts relative to air quality and odors. However, no development is proposed at this time. At such time that development is proposed an initial Study will be prepared addressing specific concerns. There will be no significant impacts because of this project. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to water movements, drainage, flooding, water quality or availability will not be increased by a change in the zoning classification. No. No development is proposed at this time. At such time th~ development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to plant life will not be increased by a change in the zoning classification. The site is not currently used for agricultural purposes. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The potential impacts to animal diversity, wildlife habitat, or reduction in endangered species will not be increased by a change of zone. Maybe. A change in land use from agriculture to industrial instead of commercial could have potential impacts relative to increased noise levels. No development is proposed at this time. At such time that development is proposed an initial Study will be prepared addressing specific concerns. Potential noise impacts will not be increased by a change in zoning classification. Maybe. The proposed change of zone would allow a project that could have an impact on existing levels of light and glare. However, no development is proposed at this time so there will be no impact. An initial Study will be prepared when development is proposed, Yes. The present land use is vacant and the planned land use is commercial. The proposal for industrial zoning is a significant change for both planned and present designations. Issues relative to adjacent uses have been addressed with a buffer zone and building setbacks. The industrial zoning will allow uses which have a greater intensity A:CZ12 17 9.a,b. 10.a,b. 11. 12. 13.a,b, e,f. 13.c,d. 14.a-f. 15.a,b. than commercial or agricultural zoning. However, no development is proposed at this time. When development is proposed an Environmental Assessment will be prepared that specifically identifies impacts. The current impact is not considered significant. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. There will be no impacts at this time. Maybe. A change in zoning classification from agriculture to industrial could increase the potential for explosion or hazardous substance release. With the possible intensity of use, an emergency plan could be interfered with. Hazardous substance and emergency plan potential impacts will not be increased by a change in zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to population will not be increased by a change in zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The potential impacts to housing will not be increased by a change in zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to vehicular movement, parking, traffic and pedestrians will not be increased by a change in zoning designation. Maybe. Impacts to transportation and circulation could be significant because of the intensity of permitted industrial uses. Margarita Road has an ultimate right-d-way of 110 feet, and Solaria Way has a right-d- way of 88 feet. Specific impacts will be evaluated when development is proposed. The impact is not considered significant as a result in a change of zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to public services will not be increased by a change in zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The potential impacts to fuel and energy sources will not be increased by a change of zone. A:CZ12 18 16.a-f. 17.a,b. 18o 19. 20.a-d. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to utilities will not be increased by a change in zone classification. Maybe. Industrial uses have the potential to create health hazards which may be exposed to people. However, no development is proposed at this time so the impact is not considered significant. Maybe. Industrial zoning allows uses which have the potential to create offensive sites or that could be housed in structures massive enough to create visual obstruction. However, no development is proposed at this time so there is no impact. When development is proposed, an application will be made through the standard review process. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to recreation will not be increased as a result of this application. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressin~ specific concerns. The potential impacts to cultural resources will not be increased by a change in zoning classification. A:CZ12 19 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 ENVIRONMENTAL IMPACT REPORT is required. X March 4, 1991 Date FOr CITY OF TEMECULA A:CZ12 20 CITY OF TEMECULA ) C,7.-.1Z LOCATION 'MAP CASE NO. (:.,."Z.. P.C. DATE CITY OF TEMECULA ) ./ CASE NO. &.'Z.. t?--.''~ EXHIBIT NO."~ ~.,P.C. DATE CITY OF TEMECULA ./ CASE NO. C-Z.-I~ EXHIBIT NO. ~ ~,P.C. DATE ur*lS~l j CITY OF TEMECULA ) C.'/,. IZ ITEM #13 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Case No.: Recommendation: April 15, 1991 Ambient Air Balloon Ordinance Prepared By: Oliver Mujica 1. ADOPT Resolution No. P.C. 91- recommending adoption of the Ambient Air Balloon Ordinance. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: BACKGROUND: ANALYSIS: City of Temecula An Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables. City Wide On June 26, 1990, the City Council directed the Planning Department Staff to prepare an Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables, which shall include the time limit to read not to exceed fifteen (15) consecutive days of use within a ninety (90) day period. This direction was based on a proposal by the Temecula Commerce Committee requesting that Ordinance No. 348 be amended to include advertising sign regulations for ambient air balloons. Ordinance No. 348 currently has the following advertising regulations: Section 19.3(b)(1) ..."No outdoor advertising display shall be placed or erected until a permit therefore has been issued. ,." A:AirOrd. -1- CONCLUSION: ENVIRONMENTAL DETERMINATION: FINDINGS: Section 19.4(b)(1) "No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on- site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building." Temporary signs are not specifically mentioned except for political signs, subdivision signs and For-Sale signs. which are allowed under limited conditions. Pursuant to the direction of the City Council, the City Attorney has prepared the attached ordinance, which includes: A maximum size of 1,500 square feet (as measured at the cross section of the balloon used); a maximum height of 30 feet (as measured from the point of anchor to the highest portion of the balloon ); and a time period not to exceed fifteen (15) consecutive calendar days within any ninety (90) consecutive calendar day period. The project is exempt from CEO A under Section 15061 (b) (3). This project does not have a potential for causing a significant affect on the environment. The proposed Ambient Air Balloon Ordinance is necessary to bring about eventual conformity with the Cityis Land use plans. There is reasonable probability that the proposed Ambient Air Balloon Ordinance will be consistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with the goals and/or policies of the City~s future General Plan. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed policies are ultimately inconsistent with the plan, due to the fact that policies will be adopted for the new General Plan. therefore, it is likely that the City will consider these policies during their preparation of the General Plan. A:AirOrd. -2- GENERAL PLAN AND SWAP CONSISTENCY: The proposed Ambient Air Balloon Ordinance is consistent with SWAP. In addition, Staff finds it probable that this Ordinance will be consistent with the new General Plan when it is adopted. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. P.C. 91 - recommending Adoption of the Ambient Air Balloon Ordinance. OM:ks Attachments: Resolution "Draft" Ordinance City Council 5taft Report (Dated June 26, 1990) City Council Minutes (Dated June 26, 1990) A :AirOral. -3- RESOLUTION NO. P.C. 91- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFTEMECULA RECOMMENDING THECITY COUNCIL ADOPT THE AMBIENT AIR BALLOON ORDINANCE. WHEREAS, City Ordinance No. 90-04 adopted by reference certain portions of the non-codified Riverside County Ordinances. including Ordinance No. 348 ("Land Use Code"); and WHEREAS, such regulations do not contain provisions for the use of ambient air balloons and other similar inflatables for on-site advertising; and WHEREAS, the City of Temecula desires to regulate the use of ambient air balloons and other similar inflatables for on-site advertising and to protect the health, quality of life, and the environment of the residents of Temecula; and WHEREAS, public hearing was conducted on April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 1. That the Planning Commission of the City of Temecula hereby finds that the proposed Ambient Air Balloon Ordinance will provide for the establishment of regulations for the on-site use of ambient air balloons and other similar inflatables in a fair and equitable manner. SECT ION 2. That the Plan n ing Commission of the City of Temecu la further finds that the proposed Ambient Air Balloon Ordinance is necessary to bring about eventual conformity with its land use plans. SECT ION 3. That the Planning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Ambient Air Balloon Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Exhibit "A" and dated April 15, 1991 for identification. A:AirOrd. -4- PASSED APPROVED AND ADOPTED this 15th day of April, 1991. 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 15th day of April, 1991 by the following vote of the Commission AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS A:AirOrd. -5- ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04PERTAININGTOADVERTISINGREGULATIONSAND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findin.qs. That the Temecula City Council hereby makes the following findings: 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: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The planning agency finds, in approving projects and taking other actions, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as A:AirOrd, -1- its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: |a ) The city is proceeding in a timely fashion with the preparation of the general plan. |b) The City Council finds, in adopting land use regulations pursuant to this title, each of the following: There is reasonable probability that Ordinance No. 91- will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. {3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. SECTION 2. City Ordinance No. 90-04 adopted by reference certain portions of the Non-Codified Riverside County Ordinances, including Ordinance No. 348. Article XIX of the Ordinance No. 3~8 is hereby amended to read as follows: "SECTION 19.8. TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES. a. For the purpose of this Section, a temporary ambient air balloon or other similar inflatable shall mean a sign, not otherwise permitted by Article XIX, which is a temporary structure supported by forced cold air (non- helium ), constructed of fabric materials, and affixed to the ground or roof top using steel cable anchoring systems. Such signs may be illuminated at night usin9 electrical lighting systems. b. Notwithstanding any other provisions of this Section, temporary ambient air balloons and other similar inflatables are permitted only in commercial and industrial zones subject to the following limitations: A:AirOrd. -2- 1. The maximum allowable size of any such sign shall be limited to no more than 1500 square feet, as measured at the cross section of the balloon used. 2. All such signs shall be ground mounted or roof mounted. The allowable height shall not exceed thirty (30 } feet, as measured from the point of anchor to the highest portion of the balloon. 3. All such signs shall not be free-floating {tethered) nor constructed in a shape different from the "hot-air balloon shape" typically depicted in the City of Temecula's Annual Balloon and Wine Festival. For example, such balloons in the shape of blimps or cartoon characters shall not be permitted. u,. All such signs shall be permitted to be displayed for a period of not to exceed fifteen (15) consecutive calendar days within any ninety (90) consecutive calendar day period. A thirty (30) consecutive calendar day permit may be issued by the City during the month of the Ternecula Annual Balloon and Wine Festival. 5. The number of signs proposed to be used shall be limited to no more than three (3) at any one site during any allowed time period as set forth in subparagraph o,. Spacing of such signs shall be sufficient so as to prevent rubbing, overlapping, or entanglement of any other permitted sign. 6. No such sign shall be erected, placed or maintained unless first approved by both the City Building Director and the City Planning Director. Approval shall be obtained by the submittal of an application and payment of required fees {to be established by Resolution). The application shall be accompanied with a drawing, utilizing the Site Plan, specifying the location of the sign to be approved with the specified dates of the proposed set-up and take down of the sign(s). 7. All such signs shall be removed no later than the last day permitted in the approved application. 8. No temporary ambient air balloon or similar inflatable shall be erected, placed or maintained so that it does any of the following: Mars, defaces, disfigures or damages any public building, structure or other property; and (b) Endangers the safety of persons or property. 9. Any temporary ambient air balloon or similar inflatable erected, placed or maintained in violation of any provision of this Section may be removed by the City five (5) days after notice of the violation given to the owner, lessee or person in lawful possession of the property. Any temporary ambient air balloon or similar inflatable which constitutes an A :AirOrd. -3- immediate danger to the safety or persons or property or which has not been removed within ten (10) days as provided in subsection b. 7., may be removed by the City summarily and without notice. The City may bring as an action to recover the reasonable costs of sign removal under this subsection." SECTION 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect tl~irty (30'~ days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED· APPROVED AND ADOPTED this day of · 1991. RONALDJ. PARKS MAYOR ATTEST: JUNE S. GREEK CITY CLERK A:AirOrd. -4- STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS. I, June S. Greek· City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of · 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of · 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JUNE S. GREEK CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney A:AirOrd. -5- CITY OF TEMECULA CITY MANAGER'S REPORT TITLE: RECOMMENDATION SIGNS - BALLOONS DEPT HD. ' CITY ATTY CITY MGR~" It is recommended the City Council consider a proposal of the Temecula Commerce Committee to change advertising sign regulations; and (1) refer to City Attorney to prepare amendments, or (2) refer to City Manager for further study, or (3) reject request and direct City Manager to enforce current ordinance. BACKGROUND County Ordinance 348 and 457 regulate advertising displays in Temecula. Ordinance 348 prohibits any advertising sign without a permit. It prohibits any display above the roof line of a building. It prohibits moving signs. Temporary signs are not specifically mentioned except for political signs, subdivision signs and for sale signs, which are allowed under limited conditions. On May 15, 1990, the County Department of Building and Safety sent letters to businesses displaying balloons being used for advertising. Owners were asked to abate the balloons. On May I6, 1990, the City acted to remove illegal signs within the public right- of-way. On May 29, 1990, a delegation known as the Temecula Commerce Committee met with the City Manager to protest enforcement of the sign ordinance and indicated their intention to request City Council action to change the ordinance. On May 29, 1990, the City Manager requested the County to suspend further sign enforcement activities in order to allow the Temecula Commerce Committee to make a presentation to the City Council. The Temecula Commerce Committee has filed a report for Council agenda June 26, 1990. After considering the Committee's request, Council needs to give direction to staff. The City now has a Cede Enforcement Officer employed as city staff, and he will be directed to enforce whatever ordinance the Council endorses. TEMECULA COMMERCE COMMITTEE June 19, 1990 Mr. Frank Aleshire City Manager, CIty of Temecula P.O. Box 3000 Temecula, CA 92390 Dear Mr. Aleshire, Attached you will find our proposal for an amendment to Temecula's interim sign ordinance which allows for ambient balloons as a temporary form of on-site outdoor advertising. I believe you will find our proposal to be quite reasonable in scope and rationale, We request that our presentation of this proposal be presented before the City Council on Tuesday, June 26. Please place this topic of discussion on your scheduled agenda for this particular date. Your assistance on our behalf is much appreciated. ff you have any further questions please give me a call at 676- 5611, n,,~l~. ~ ~Jon~n C. Bell Chairmen P.O. BOX 564 TEMECULA, CA 92390 DEDICATED TO MOLDING A CITY OF PROSPERITY Pz~paz~d b~: Tem~cula Ccemerce Committee (TCC) Date: ~tme 19, 1990 To k Presented Before City Council: ~une 26, 1990 INTRODUCTION: With the advent of Temecula's Balloon and Wine Festival and the growing popularity of hot air ballooning as a recreational sport in our valley, the words Temecula and hot-air balloons have become almost synonymous. AS a result, Temecula has unofficially been labeled, by many, as "The Balloon Capital of Southern California". Merchants have capitalized on Temecula's festive image by tastefully incorporating colorful balloons into their business logos, billboards, brochures, and on-site advertising. With the exception of subdivision signs, political signs and "for sale lease or rent signs", Temecula's interim sign ordinance does not provide a vehicle in which merchants can apply for temporary forms of outdoor advertising. Note: Temecula's current codes pertaining to "Outdoor Advertising Displays" are being administered and enforced using the guidelines set forth in Riverside County's Ordinance 348. Ordinance 348 was adopted by the City of Temecula as an interim ordinance, and will remain in force and amended until such time Temecula's long range General Plan is developed and approved. A material part of the General Plan will be criteria used to regulate all forms of signage within the City of Temecula. Given the existing ordinance, the City currently has no choice but to disallow balloons as a permissible form of advertising. As merchants and residents of Temecula, we do not believe that our city's ordinance should be an "all or nothing" situation when it comes to balloon advertising. Therefore, it is Our objective to propose a reasonable amendment to County Ordinance 348. An amendment that maintains Temecula's balloon image and beautiful skyline while at the same time providing an affective and tasteful form of on-site advertising. Baakuound to Proposal Upon researching several southern California cities said to allow balloons in their signage ordinances, we found the following local cities to permit the same: 1. San Marcos 2. Escondido 3. Vista 4. Oceanside 5. Corona 6. City of Industry In each of the above examples, we found that "ambient balloons" were defined as "temporary signs" and were regulated under "special provisions" of each city's particular master sign ordinance (refer to Appendix A). In addition, we found that the regulations pertaining to balloons varied with respect to time and size limitations, amount of required fees, the number of inflatables used, and the materials from which the balloons are to be constructed from. Formulation of ProPosal In formulating our proposal, we used the ordinances of the aforementioned cities as our amending guildline. By incorporating these guildlines and definitions into Temecula's current ordinance, we derived the following draft as a basis for our amendment proposal: ARTICLE XZX ADVERTISING REGULATIONS SECTION 19.1. PURPOSE AND INTENT. Because Riverside County is a large, diverse and rapidly expanding Jurisdiction the Board of Supervisors finds that proper sign control is necessary to provide for the preservation and protection Of open space and scenic areas, the many natural and man-made resources, and established rural cc~munities within Riverside County. Zt is the intent of this ordinance to provide standards to safeguard life, heal th, property and the public welfare, to provide the means for adequate identification of businesses and other Sign users by prohibiting, regulating and controlling the design, location and maintenance of signs, and to provide for the rmoval and limitation of use of signs within the unincorporated area of Riverside County. All outdoor adverUstng displays and on-site advertising structures and signs in the unincorporated area of the County of Riverside shall confom to the applicable provisions of this article. If any specific zoning classi ftcation within this ordinance shall impose more stringent requirments than are set forth within this article, the more stringent provisions shall prevail. A~ended Effective: 07-16-85 (Ord. 348.2496) SECTION 19.2. DEFINITIONS. For purposes of this ordinance, the followin; ~ords or phrases shall have the following definitions. "Outdoor Advertising Display" means outdoor advertising structures and outdoor advertising signs used for outdoor advertising purposes, not including on-si te advertising signs as hereinafter ~efined. An outdoor advertising display may be cortnonly known or referred to as an 'off-site" or an off-prenises" billboard. "Outdoor Advertising Structure' means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for outdoor upon a permanent foundation a e c g a permanent foundation. "Outdoor Advertising Sign' means any card, cloth, paper, metal, painted, plastic or wooden sign of any character placed for outdoor advertising purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure. The words *Outdoor Advertising Structure' and *Outdoor Advertising Sign" as defined in subsections (b) and (c) do not include: 1. Offtotal notices issued by any court or public body or officer; 242 ~J ~l~ding sJg~ necessa~ for ~he o~ratton and safet~ o~ Public utility uses. A structure erected near a city or c~nty ~undary, ~ich contains the n~e of such city or coun~ and the n~es of, or any other ! nfomati on regardtng, ct vt c, fraternal er tel i gt ous organt zati ons located therein. 'On-~tte Advertising Structure and Signs' means any structure, housing, sign device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data or tnfomatton in the nature of advertising, for any of the following purposes: (1) To designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the Structure or Sign is located. (2) To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the premises where the structure or sign is located. fe f. 'Teqx>ra--'y O,,-site Jldve~cis~zxg Str~c"cu~e mad 8~s" sus uy ~Ze sly, ~ez, ~Z~n, ~t, uZuce, o: adve~s~ng ~lay c~st~ of ~, ~s, light f~ric, ~r, ~~, ~~, or ~r light ~teri~s, ~ or ~out f~s, ~t~ to ~ ~Xayed for a l~ted ~ri~ of t~ only. '/reewa~' means a divided arterial ~g~a~ for though traffic ~b ful~ c0ntrol of access and ~t~ grade separaUons at ~nte~ect~ons. "Highway" means roads, streets, boulevards, lanes, courts, places, cogeons, trails, ways or other rights-of-way or easments used for or laid out and intended for the public passage of v~hicles or of vehicles and persons. 'Edge of a Right-of-way' means a measurement from the edge of a right-of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway. "Maximum Height" means the highest point of the structure or sian measured frcmg the average natural ground level at the base of tie suppurti ng structure. "Free Standing Sign" means any sign which is supported by one or more columns or uprights irabedded in the ground, and which is not attached to any building or structure. "Surface Area" means that area of outdoor advertising signs and on-site advertising signs as measured by the smallest gec~netric form such Is a square, rectangle, triangle, or circle, or combination thereof, which will encompass the face of the sign on which the message is displayed. 243 ' ~ no 'For Sale, Lease or Rent Sign' means a sign advertising that the property or structure upon which the sign is located is for sale, lease, or rent. 'Shopping Center' means a parcel of land not less than 3 acres in size, on which there exists 4 or more separate business uses that have mutual parking facilities. 'Dtrectional Sign' means a sign used to ·rect and control vehicular or pedestrt an traffic that is located upon the same parcel of 1 and as the use that it is intended to serve. 'Significant Resources' means any county, state or federal site which has significant or potentially significant social, cultural, historical, archaeologtcal, recreatton~ or scenic resources, or which plays or potentially could play a significant role in promoting tourism. For the purposes of this article, the tem signi fieant resources shall include, but not be limited to, the following: 1. Riverside National Cemetery. A strip, 6GO feet in width, measured from the edge of the right-of-way line on both sides of 1-215 fra~ the intersection of Van Buren Boul everd sourbeVy to Nance Road, and on both sides of Van Buren Boulevard from the intersection of 1-215 weste~y to Wood Road. 2. Scenic Highways. 3. A corridor SDO feet in width adjacent to both sides of all highways within three-tenths (3/10) of a mile of any Regional, State or Federal park or recreation area. "Scenic Highway" means any officially designated state or county scenic highway as defined in Streets and Highway Code Sections 154 and 261 et seq. · Illegal Outdoor Advertising Display' means any of the loll owl ng: {1) An outdoor advertising structure or outdoor advertising sign erected without first complying with all applicable county ordinances and regulations in effect at the time of its construction, erection or use. (2} An outdoor advertising structure or outdoor advertising sign that was legally erected but whose use has ceased, or the structure upon which the advertising ~splay is placed has been abandoned by its owner, and not maintained or used for a period of not less than one (1) year. (3) An outdoor advertising structure or outdoor advertising sign that was legally erected which later became nonconfoming as a result of the adoption of an ordinance; the amortization period for the display provided by the ordinance rendering the display nonconforming has expired; and conformance has not been acccmpltshed. (4) An outdoor advertising structure or outdoor advertising sign which does not camply with the Notice of Decision or the approved plot plan. 244 iS) An outdoor advertising structure or outdoor advertising sign which is a danger to the public or is unsafe as may be determined by the Director of the Building and Safety Deparbnent. (6) An outdoor advertising structure or outdoor advertising sign which is a traffic hazard as may be deten,qined by the Director of the Building and Safety Department provided said traffic hazard was not created by the reiDcarton of streets or highways or by acts of the County. · Illegal On-Site Advertising Structure or Sign" means any of the fol 1 owl ng. (1) An on-site advertising structure or sign erected without first complying with all applicable County ordinances and regulations h in effect at t e time of its construction, erection Or use. (2) An on-site advertising structure or sign that was legally erected, but whose uses has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used to identify or advertise an ongoing business for a period of not less than ninety (90) days. (3) An on-site advertising structure or sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance; the amortization period for the display provided by the ordinance rendering the displ ay nonconforming has expired; and conformante has not been accomplished. (4) An on-site advertising structure or sign which is a danger to the public or is unsafe as may be determined by the Director of the Bull dang and Safety Department. (S) An on-site advertising structure or sign which is a traffic hazard as may be determined by the Director of the Building and Safety Department provided said traffic hazard was not created by the relocation of streets or highways or by acts of the County. 'Abandoned" means el ther: (1) Any outdoor advertising display that is allowed to continue for more than one (1) year without a poster, bill, printing, painting, or other form of advertisement or message; or (2) Any outdoor advertising display that does not appear on the inventory required by Section 19.3.a.(15); or (3) Any on-site advertising structure or sign that is allowed to continue for more than ninety (90) days without a poster, bill, printing, painting, or other form of advertising or message for the purposes set forth in Section 19,2.e hereof. A~ended Effecti re: 07-16-85 (Ord. 348.2496) 06-20-89 (Ord. 348.2989) SECTION 19.3. OUTDOOR ADVERTISING DISPLAYS. No person shall erect or maintain an outdoor advertising display in the unincorporated area of the County of Riverside, except tn accordance with the following provisions. 245 The changing of an advertising message or customary maintenance of a ~ega]]y existing outdoor advertising disp~a~ sha~] not require a~ peanit pursuant to thts section. Standards. 1. Zontng. Outdoor advertising display are pemttted onl~ in the C-I/C-P,.J~H-M and N-H zones and providing only that the display meets all of the other requirements of the zoning classification and this article. Outdoor advertising displays are expressly prohibited in all other zones. 2. Spaclng. No outdoor advertising display shall be located ~thin ftve hundred (500) feet tn any direction frm any other outdoor advertising dtspla~ on the sme side of the htghuay; provided, however, that if in a particul ar zone a different interval shall be stated. the spactng Interval of the parttcula~ zone shall preyat1. No outdoor advertising display shall be erected ~ithtn the boundary of any significant resource as defined in Sectton 19.2.o. of this ordinance. No outdoor advertising display shall be located ~thtn one hundred fifty (150) feet of properU far which the zontng does not allow advertising displays provt dad; however, that an outdoor advertising display may be placed Nitbin one hundred (150) feet of property for ,htch zoning does not .allow displays, if at the time an application for an outdoor advertising display pemtt is applied for, there is no existing residential structure or an approved building pemtt for a residential structure ~ithtn one hundred fifty (1SO) feet of the location of the proposed outdoor advertising display. 3. Height. The maximum hetght of an outdoor advertising display shall not exceed a height of twenty-five (25) feet from the roadbed of the adjacent freeway or highway to which the dtspla~ is oriented, or a maximum height of twenty-five (25) feet from the grade on which it is constructed, whichever is greater. 4. Poles. A maximum of two (2) steel poles are allowed for support of an outdoor advertising display. S. Roof Mounts. No outdoor advertising display shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the hufl dtng. For the purposes of this section, a mansard style roof shall be considered a parapet. 6. Number of Otsplays. No more than one (1) proposed outdoor advertising display per application shall be pemitted. 7. Setbacks. No outdoor advertising display shall be erected w~thin an established setback or building line, or ~thin road right-of-way lines or future road right-of-way lines as shown on any Specific Plan of Highways. A mintmum setback frun the property line of one (~) foot shall be required. 8. leather of Display Faces. No more than t~o (2) display faces per outdoor advertising di splay shall be permitted. Back*to-back and V-type displays shall be allowed provided that they are on the same outdoor advertising structure and provt dad that the V-type 246 displays have a separation between display faces of not more than twenty-five (25) feet. 9. Lighting and Illumination of Displays. An outdoor advertising display may be illuminated, unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Display making use of lights to convey the effect of movament or flashing, intermittent, or variable intensity shall not be permitted. Display shall use the most advanced methods to insure the most erie efficient methods of display illumination. Within the Palomar Or~servatory Special Lighting Area, all displays shall cureply with the requtraments of Riverside County Ordinance No. 655. 10. Display Hovament. No outdoor advertising displays shall move or rotate, to display any moving and/or rotating parts. No propellers, flags, or other noise creating devices, and no architectural ambelllshments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent or moving light or lights is prohibited, provided, however, that electronic message boards displaying only time and/or temperature for periods of not less than thirty {30) seconds is permitted. 11. Display Face Size. No outdoor advertising display shall .have a total surface' area of more than three hundred (300) square feet 12. Outdoor Advertising Display Permit Required. No person shall erect, alter, repair, or relocate any outdoor advertising display without first obtainin an outdoor adverttstn display permit pursuant to Riverside ~ounty Ordinance No. 45). No outdoor advertising display permit shall be issued unless and until the Building Director determines that the proposed activity is in accordance with this Article and Riverside is in accordance with t.~is Article and Riverside County Ordinance No. 457, and that the aooHcant has obtained a valid State Outdoor Advertising permit. 1-3Z lotm~ttftcatton. No person shall place, erect, or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erect, or maintaining anywhere within the untncorporated area of Riverside County unless there is securely fastened thereto and on the front display face thereof, the n&~e of the outdoor advertising display owner in such a manner that the name is visible from the highway. Any display placed, erected, or maintained ~thout this identification Shall be deemed to be placed, erected, and maintained in violation of this section. ~4. Mobile Displays. No person shall place maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground, as defined in Section 19.2.b. of this ordinance, to be used as an outdoor advertising display. H. Display Inventory. In order to evaluat, and assess outdoor advertising displays within the untncorporated area of Riverside County, within one hundred eighty (180) clays of the effective date 247 of this ordinance and on each fifth (5) anniversary after the effective date of this ordinance, each display canpany with outdoor advertising displays within the unincorporated area of Riverside County shall submit to the Department of Building and Safety, a current Inventory of the outdoor advertising displays they currently own and/or maintain within the untncorporated area of Riverside County. Failure to submit a current or accurate inventory shall be dee~ed to be a separate violation of this erda hence. 16. %~m~ora~y On-site/~ivertis~ng Signs. Unless otherwise spaallied under Section 19.8 of ~_h~s ordinanam, the above St~dards will apply to nil on-site tempormry signs. b. Processing Procedure. I 1. 3~plication. zn addition to all other applicable Federal, State, a~d local laws, rules, regulations and ordinances, no outdoor advertising. display ot temporary out(loot adveztieing d~spla) shall be placed or erected until a pezmit therefore has been issued by the Clt) of feeegZm~ on tl~e ~OZTa provided by the Plan~ing Degaztment accompanied by the Eiling ~ee set ~ozth in Ozdina~ce No. 671 a~d meeting the Requirements o~ Section 18.30 o~ this ordinance. Fees and appZi~ation forms for use of temporary on-site advertising signs ~an be found in Seation 19.8 of this ordiaan~e. Said'~licatton shall also consist of ten (10) copies of a Plot Pla~' drawn to scale, containing the na~e, address or telephone number of the applicant, a copy of the current valid State Outdoor Advertising Permit, and a general description of the property upon which the outdoor advertising display is proposed to be placed. In addition, the applicant shall provide sufficient number of address labels as deemed appropriate by the Plannin~ Director for all property owners within a five hundred foot (500) radius of any proposed outdoor advertising display. The Plot Plan shall show the precise location, type, and size of the proposed outdoor advertising displays, all property lines, zoning, and the dimensions, location of and distance to the nearest advertising displays, building, business districts, significant resources as determined by the ordinance, public and private roads, and other rights-of-way, building setback lines, and specifically planned future road right-of-way lines, and any and all other information required by the Planning Director in such a manner that the proposed display may be readily ascertained, identified, and evaluated. 2. Hearing and Notice of Decision. Upon acceptance of an application for an outdoor advertising display as canplate, the Planning Director shall transmit a copy of the application to the ,o: Building .nd S.f. ty for re . ,nd e than thirty (30) days after acceptance of the ~pltcation for outdoor advertising display as complete, the annin9 Director shall schedule the time and date on which the Planning Dtrector's decision on the application is to be made. Not less than ten (10) days prior to the date on which the decision is to be made, the Planning Director shall give notice of the proposed outdoor advertising display, by mail or delivery, to all owners shown on the last equalized assessment roll, and any updates, as owning real property 248 (b) (c) ~thtn a five hundred (500) foot red(us of the exterior boundaries of the parcel upon which the proposed outdoor advertising d(splay is to be located. Notice of the proposed outdoor advertising titsplay shall also be given by publication in a newspaper of general circulation within Riverside County. The Notice she11 include the statement that no public hearing wtll be held unless a hearing ts requested, in writing, and delivered to the Planning Director at least two (Z) days before the date scheduled for the decision is to be made. No public heartng on the application for an outdoor advertising dtsplay shall be held before a derision is made by the Planning Director, unless a hearing is requested, tn writtrig, by the applicant or other interested person, or if the Planning Director determines that a public hearing should be required. If no public hearing is requested or required, the Planning Director shall give the.Notice of Decision to the applicant and any other person who has made a written request for a copy of the Notice of Decision. The decision of the Planning Director shall be considered f(nal unless within ten (%0) days of the date of mailing of the Notice of Decision to the applicant, an appeal therefrom is filed. If a public hearing is required under the provision of this subsection, notice of the time, date, end place of the hearing before the Planning Director end a general description of the location of the real property ~htch is the subject of the hearing, shall be given at least ten (%0) days yrtor to the hearing as follows: 1) Nalllng or delivering to all owners of real property which is located vrithtn a 500-foot radius of the exterior boundaries of the parcel upon which the proposed outdoor advertising crisplay is to be located as, such owners are sho~ on the last equalized assessment roll end any updates. (2) The Planning Director may require that additional notice be given in any other matter the Director dams necessa~/or dest table. If a publtc hearing is required, the Planning Director shall hear relevant testimony from Interested persons and make a decision ~tthin a reasonable time after the close of the public hearing. A Notice of Decision shall he filed by the Planning Director wtth the Clerk of the Board of Supervisors, not more than fifteen (%5) days after the decision. A copy of the Notice of Decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. The Clerk of the Board of Supervisors shall place the Notice of Decision on the next agende of the Board of Supervisors held five (5) or more days after the Clerk receives the Notice of Decision fr~a the Planning Director. 249 Appeals. The decision of the Planning Director shall be considered final unless an appeal therefram is filed. {a) Appeals to Planning C~,,Ission. The applicant or any - interest person may file an appeal, accompanied by the fee set forth tn Ordinance No. 671 of this ordinance, and on the form provided by the Planning Deparl~ent within ten {10} days after the Notice of Decision is mailed for those matters where a public hearing was not requested or required or within ten (10) days after the Notice of Decision appears on the Board of Supervtsor's 8genda. The appeal shall state the reasons why tt is believed the action of the Planning Director is improper. Upon receipt of a completed appeal and fee, the Planning Director shall set the matter for hearing before the Planning Commission. Notice of the hearing on the appeal s. hall be given in the some manner that notice was ln the s,, ,,nn, r th,t riotic, .,s giv, n u,der 19.3.b ) The Plannlng Commission shall render its decision on the appeal within ten (10) days of the closing of the hearing. A Notice of the Decision of the Planning Commission shall he filed by the Planning Director with the Board of Supervisors, not more than fifteen (15) days after the decision. A copy of the Notice of Decision shall he mailed to the applicant, appellant and to any person who has made a written request for a copy of the decision. The Clerk of the Board of Supervisors, shall place the Notice of Decision on the next ageride of the Board of Supervisors, held five (5) or more days after the Clerk receives the Notice of Decision from the Planning Director. The decision of the Plannin; C~mmission shall be considered final unless an appeal therefrom is filed. (b) Appeals to Board of Supervisors. The decision of the Planning Cammission shall be considered final unless an appeal therefrom is filed. The applicant or an interested person may file an appeal, accompanied by the fee set forth in Ordinance No. 671 of this ordinance, and on the form provided by the Planning Deparl~ent within ten {10} days after the Notice of Decision of the Planning Commission appears on the Board of Supervlsors's agenda. The appeal shall state the reasons why it is believed the action of the Planning Cammission is improper. Upon receipt of a completed appeal and fee, or if the Board of Supervisors assumes jurisdiction by ordering the matter set for public hearing, the Clerk of the Board of Supervisors shall set the matter for public hearing before the Board of Supervisors, not less than five iS} days nor more than thirty (30) days thereafter, and shall give notice of the time and place of the hearing in the same manner as notice of the time and place of the hearing in the same manner as notice was ~ioXer~ for the hearing before the Planning Cam~ission. The of Supervisors shall render its decision within thirty 250 (30) days following the close of the hearing on the appeal. The decision of the 8oard of Supervisors shall be final. Revocation. Any outdoor advertising display pemit which has been issued as a result of a material misrepresentation of fact by the applicant or his agent, whether or not a criminal prosecution ts initiated therefor, may be marfly revoked by - the Planning Director who shall forthwith give ~ritten Notice of Revocation to the applicant. Ifithtn' thirty (30) days after notice is given, any outdoor advertising display authorized by said outdoor advertising display pemit $hall be moved at the appltcant's expense, Fatlure to rmove the display v~thtn Said thirty {30) days shall be deemed a separate violation of this ordinance, Nothing (n this ordinance shall authorize the Installation or maintenance of any outdoor advertising titsplay which is in violation of any State or Federal law or regulation. Enforcement. ~herever the officials responsible for the enforcement of edntntstratton'of the Land Use Ordinance or their designated agents, have cause to suspect a v~olatton of this article, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an outdoor advertising display permit, or whenever necessary to investigate a possible v~olatton, said agents may lawfully gain access to the · pproprtate parcel of land upon which said violation is believed to exist. The folloW rig provisions shall apply to the v~olations of this article: ]. All v~olattons of- th~s article committed by any person, whether as a nt, employee, officer, principal, or othen~ise, shall be a m~sde~eanor, 2, Every person who knowingly provtdes false information on an outdoor advertising dtsplay pemtt application shall be guilty of a misdemeanor. 3. Every person who fails to stop work on an outdoor advertising display, when so ordered by the Director of Building and Safety or the Planning Director, shall be guilty of 8 misdemeanor, 4 Every person ~ho, haytrig received Notice to Appear in court to answer a related charge, willfully falls to appear, shall be guilty of a mt sdemeanor. 5 A misdemeanor may be prosecuted by the County in the nine of the . People of the State of California, or may be redressed by civil action. Each v~olatton ts punishable by a fine of not more than one thousand dollars (1,O00.O0), or by imprtsoment in the County 3at1 for a tern of not more than six (6) months, or by both fine and tmprtsorrnent. 6. Every person found guilty of a violation shall be deemed guilty of a separate offense for every day during a portion of ~hich the violation ts committed, continued, or pemitted by such person. 7. Every illegal outdoor advertising display (permanent or temporary) and every abandoned outdoor advertising display is heraby declared to be a public nuisance and shall be subject to abatement by repair, rehabilitation, or removal in accordance with the procedures contained in Section 3 of Riverside County Ordinance No. 457. Nonconforming Signs. Every outdoor advertising display which does not confom to this ordinance shall be dee~ed to be a nonconforming sign and shall be removed or altered in accordance with this ordinance as follows: 1. Any outdoor advertising display which was lawfully in existence prior to the effective date of the enactment of Ordinance No. 348,2496 (July 16, 1985) shall be abated or brought into conromance with these promstons by July 17, 1990, 2, Any outdoor advertising dlsplay which was lawfully in existence prior to the effective date of the enactment of Ordinance No. 348,2856 (june 30, 1988) but after the effective date of the enactment of Ordinance No, 348.2496 (july 16, 1985) shall be abeted or brought into conromance ~th these provisions by July 1, 1993. Any outdoor advertising display which was lawfully in existence prior to the effective date of Ordinance No. 348.2989 but after the effective date of the enactment of Ordinance No. 348.2856 (June 30, 1988) shall be abeted or brought into confonaance with these provisions within eleven (11) years of the effective date of Ordinance No. 348.2989. If federal or state law requires the County of Riverside to pay just compensation for the removal of any such lawfully erected but nonconforming outdoor advertising display, it may remain in place until ~ust conpensation as defined in the Eminent Domain Law (Title 7, of Part 3 of the Code of Civil Procedure) is paid. Illegal and Abandoned Outdoor Advertising Displays. All illegal outdoor advertising displays and all abandoned outdoor advertising displays shall be removed or brought into conromance with this ordinance immediately. ~nended Effective: 07-16-B5(Ord. 348.2496) 06-30-883,8.28s6) 06-20-89: 348 2989) 252 SECTION 19.4. ON-SITE ADVERTISING STRUCTURES AND SIGNS. No person shall erect an on-site advertising structure or sign in the untncorporated area of the County of Riverside that is in v~olation of the provisions contained ~thin any specific zoning classification in this ordinance or that ts In violation of the following provisions. Free-s tandtng St gns 1. Located ~thin 660 feet of the nearest edge of a free~ay right of way 1the. ;he .xi.u. height o, a si n sha,, not exceed,, feet· he maximum surface area oY a stgn shall not exceed 150 square feet, 2. All Other Locations. (a) The max(mum height of a sign shall not exceed 20 feat, (b) The maximm surface area of a sign shall not exceed 50 square feet, Shopping Centers - A11 Locations, Notv~thstand(ng the provisions of sub-paragraphs } and 2, an alternate standard for free standing on-stte advertising signs for shopping centers is established as follows: (a) the maximum surface area of a stgn shall not exceed 50 square feet of ,25 percent (1/4 of 1:) of the total existing building floor area in a shepp~ng center, vhtchever is greater, except that in any event, no sign shall exceed 200 square feet in surface area, b. The max~mm height of a sign shall not exceed 20 feet· Number of Free-standing Signs - All Locations. Not more than one free-standing sign shall he petaltied on a parcel of land, except that if a shopping center has frontage on 2 or more streets, the shopping center shall be perutired 2 free-standing signs, provided that the 2 signs are not located on the s~ne street; are at least 100 feet apart and the second sign does not exceed 100 square feet in surface area and 20 feet tn height. Signs Affixed to buildings - A!1 Areas 1. No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on-site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. 2. The maxamen surface area of signs affixed to a building shall be as fol 1 ows: (a) Front ~all of building - The surface area of the sign shall not exceed ZO$ of the surface area of the front face of the building. (b) Side valls of a building - The surface area of the sign shall not exceed 10S of the surface area of the side face of the building. (c) Rear wall of a bJildtng - The surface area of the sign shall not exceed 52; of the surface area of the rear face of the building. 253 Dt rectional Stgns- Dtrectional signs to ad~se patrons of location, distance or purpose shall be permitted on a parcel of land as follows: 1. The maximum height of such signs shall not exceed 3 feet. 2. The maximum surface area of such signs shall not exceed 6 square feet. de On-site identification Signs - On-site Identification signs affixed to the surface of walls, ,lndows, and doors of pemanent structures, which do not exceed 4 inches in letter height and do not exceed 4 square feet tn area are pemitted in ad~tion to any other si gn pemftted tn this ordinance. SECTION 19.5. FOR SALE, LEASE OR RENT SIGNS. For sale, lease or rent signs shall be permitted to be placed in all zone classifications subject to the fol 1 owl ng regul ati ons .' 1. For One and two feaily residential uses - one sign not exceeding 4 square feet in surface area and not more than 4 feet in height. 2. For multiple f~ntly residential uses - one sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than 8 feet in height. 3. For commercial uses - one sign for each separate frontage on a street, each sign not to exceed 24 square feet in surface area and not more than 8 feet in height. 4. For indostrial uses - one sign for each separate frontage on a street, each sign not to exceed 32 square feet in surface area and not more than 10 feet in height. 5. For agriculture uses - one sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than 8 feet in height. SECTION 19.6 SUBDIVISION SIGNS. On-site subdivision signs, advertising the original sale of a subdivision are penaitted within the boundaries of a subdivision, upon approval of a plot plan pursuant to Sectlon. 18.30 of this ordinance and subject to the following minim~m~ standards: 1. NO sign shall exceed 100 square feet in area. 2. No sign shall be within 100 feet of any existing residence that is outside of the subdivision boundaries. 3. No more than two such signs shall be permitted for each subdi vision. 4. No sign shall be artificially lighted. Off-site subdivision signs advertising the original sale of a subdivision, shall be permitted in all zone classifications, except the CoP-S, N-A, and W-1 Zones, provided a conditional use permit is granted pursuant to the provisions of Section 18.28 of this ordinance, and subject to the following minimum standards: 1. No sign shall exceed 100 square feet in area. 254 2. No sign shall be within 100 feet of any existing residence. 3. No more than two such signs shall be permitted for each suball viston. 4. The maximum period of time a sign may remain in place shall be two years. 5. No sign shall be artificially ]tghted. 6. An ogreanent, secured by a $100 cash bond, shall be executed with the County for each sign, assuring the ranoval of the sign within the allowed time period. The bond and agreement shall be filed with the Deparbnent of Building and Safety. Added: 09-13-73 (Oro. 348.1201) /mended Effect( ve: 01-20-77 (Ord. 348.1540) 09-25-80 [ 348.1856) 07-16-85 (Ord.)48.2496) SECTION 19.7. TENPORARY POLITICAL SIGNS. For the purpose of this ordi nonce, a temporary political sign shall mean a sign, not otherwise permitted by this ordinance, which encourages a particular vote in a scheduled election. Notwi thstandi ng any other provi si on of this ordi nonce, temporary political signs are permitted in all zoning classifications subject to t he fol 1 owl ng l tmi tat( ons: 1. No such sign shall exceed 16 square feet in surface area. 2. No free-standing temporary political sign shall exceed 6 feet in height. 3. No lot shall contain temporary political signs having an aggregate surface area in excess of 80 square feet. 4. No such sign shall be artificially lighted. 5. No such sign shall be erected or placed more than 90 days prior to the scheduled election to which it pertains. 6. All such signs shall be removed within 10 days after the scheduled election to which they pertain, except that a sign erected or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final election. 7. No such sign shall be erected, placed or maintained upon any private property without the consent of the owner, lessee, or person in lawful possession of such property. 8. No temporary political sign shall be erected, placed, or maintained On any publicly owned tree or shrub or upon the improved portion of any street or highway right of way which is used for traffic or parking. 9. No temporary political sign shall be erected, placed or maintained so that it does any of the following: {a) Hers, defaces, disfigures or damages any public building, structure or other property. {b} Endangers the safety of persons or property. 255 Ce (c) Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public informational sign. (d) Blocks motorists' lines of sight to areas of vehicular or pedestrian traffic. Any tmporary political sign erected, placed or maintained in violation of any provisions of this section may be removed by the County S days after notice of the violation is given to the concerned candidate or sponsor, and to the owner, lessee or person in lawful possession of the property. Any tmporary political sign which constitutes an imme~ate danger to the safety or persons or property, or which has not been removed within 10 days after the scheduled election as provided in subsection (b)(6), may be removed by the County summarily and without notice. The County may bring as action to recover the reasonable cost of sign removal under this subsection. Added Effective: 04-21-B3 (Ord. 348.2126) ~CTIO~ 19.e. ~2N~OPA~Y ON-SITE aDV2RTISING a. lmbient lit Balloons Definition: A-~tant ~tr Balloons are temporar~ st~uctms supported ~ forced ~ld ~r (non-hell~), construed of f~ric mterials, ~d fix~ to ~e g~d or ~f top using steel ~le ~oring s)stm. ~e) N) ~ ill ~ ~ted at ~ght using ele~ri~l lighting s~st~. bstrictiOns: ~mbisnt air balloons shall be allowed ooly ~n ce-m~rcial and industrial zones sub~mctto compliance with the following p~ovisions: 1. The max~nnn allowable size of any hallcon allowed l~tlLts section shall be l~ted to no more than 1,500 square feet, as measured at th~ c~oss section of the balloon used. (City of San Marcos Ordinance). 2. all balloons shall be ground mounted or ~oof mounted. The allowable height shall not exceed flU. try (30) feet, as ~asu~d f~ ~e ~int of u~or to ~ heighest ~ion o~ ~e MIlan. (City of S~ ~rcos O~nuce). 256 3. Balloons may nc.~t be free-floating (tethered) nor oonstru,:ted in a shape differing ~z'ym the "hot-air belleon shape" typlca/ly portrayed in Temeeula' s ballon and wine festival. Example, balloons in the shape of blimps, cartoon characters etc. shall not be permitted (TCC recommendation) 4. Ambient bellcons shall be permitted to be displayed for a period not to exceed fifteen (15) consecutive days wt~h4n any sixty day (60) consecutive day period (City of Vista Ordinance). In addition, a 30 consecutive day permit may be issued by the City during the month of Temeoula's annual Balloon and Wine Festival. (TCC recc~mendation) 5. The number of bellcons used for advertising purposes shall be restricted, allowing for no more than three (3) at any one site during any allowed time period (city of San Marcos Ordinance). In addition, the spacing of such bellcons shall ha sufficient enough as to prevent rubbing, overlapping, or entanglement of one ·nether (TCC recommendation). most first obtain the approval of the Director and the Director of Plsm-ing. Approval shall be obtained b~ the s-~m4 ttal' of an eppliontion and peameat of required fees (to be established b~ the Director of PInning). The appliontion shall be accompanied with · drawing, utilizing the site plan, specifying the loeatiou of the bellcon to be approved b~ the Plt~n4-g and Building Departments with the specified dates of the set up and take down for all proposed bellcons. (Standard application procedure for temporary signs). violation of the adopted regulation subject to a default amount for each separate offense. Bach day of violation or non-compliance with these regulations shall be deemed as a separate offense and subject to the penalties and payment of default amounts estublishad b~ the City Council. (City of San Marcos Orda. nan~e). APPENDIX A CURRENT CITY ORDINANCES THAT INCORPORATE AMBIENT AIR BALLOONS JLhN-14-'St~ 13:45 ID:C1TY OF SAN MARCOS TEL NO:61,cr?447543 t~391 P02 r all Fco8 · · 105 W, RICHMAR AVENUE . SAN MARCOS CALIFORNIA 61g/744.,40~0 AMBIENT AIR BALLOON APPLICATION (and other inflatables) CASE Acae~ted by: Date: Receipt ~o. ReZundable Amt Approved: Denied: Date: APPLICANT: BUSINESS NAME: ADDRESS: PHONE NUMBER: SIGN COMPANY: ADDRESS: PHONE:_ DATE BALLCON(S) TO BE INSTALLED: DATE BALLOON(S) TO BE REMOVED: NUMBER OF BALLOONS: SIZE OF EACH (a) MATERIAL USED: (b) (c) INSTRUCTIONS TO APPLICANT Filing fee: 250.00 for application plus $200.00 for deposit fee, (The desposit fee is refundable after the removal of the inflatable. This fee will be used to defray cost of removal upon any violation of City regulations.) Submit: 1. One (1) folded site plan illustrating the locations of the balloon(s) on the site. 2. One (1) elevation drawing to scale. showing the location of balloon(s) On the building. 3. One (1) drawing or photograph of the balloon with a description of the balloon. Include the balloon material. attechment method and air source. I have read Ordinance No. 84-637 pertaining to inflatable balloons. X agree to comply with the requirements stated therein. (signature) JUN-!4-'_qO 15:46 ID:CITY OF SAN MAFJ, COS TEL NO:61B?44~45 m , OBDINANCg NO. sm-63~ AN OR0iNANCE OF THE CETY COUNCil XDDING HeW P~OVZS[~5 ~XVZZZ. OZONe, pE~TAZHZNQ TO ~at~AtR ~N$ ~D SZ~t~i INF~X~ZI~BS The City Council el the City of SinNercos DOES OtOXTN am ~ollove: ~occ~on [. The San Kitcol Muninipei COme is heceby suefide4 addinq nov ~COVtSIOns to Sectlo~ 924, X=ticLe 7.XXVIII ot the Ordinance as totlove: ZONINg ORDINANCE AI~ZCTA ~ZZZ use o~ the toZ~ovtu~ sign. except Cot commons of ~blic saCerr: eta;ted bY lodetel, 8ta~e. ot local e~e~cte.. 2. Public Ittv~cl time aM tee~etit~te 8tVn: ot clocks. 3. bitamy decorations tMt do Ao~ advertise a ~toduct sacvise Of elteb~LlMent, foe UP to ~otty (40) days before i ~ haZeamy Boa .ten (~0) daft a~tet. Compliance ~tth cue foliocrag D/OV~GLOQI.~ tAftatLbZel) I~iXX be allovid ~Ot a peCtOd mE ~o~ mo~e b) Ate 6UO~ tnitactbtes uztitted vtt~Ln cue City musc che Diteccof o[ Ptann~ng. ApproviX shilX be obca~ned ..... JUN-td-'9~ 15:47 ID:CITY 0~ SAN MARCOS TEL NO:G19~447545 ~591 P~4 · o 3. 1701& requited £aal (to be Planning). The application ·hall a drawLug. us//LoinS a ·lea plan. ·peEl(ring the location ot the .lneZarib~e to PllmAin~ and lolldLn~ DeplEte·mrS VICh the SpeCified dagel o~ the let up and sake dovm Car RXX proposed /h£latibZue. The gibe period Illwed Cot SUCh usa shall be no longer Chart: up cRZendac yORE or us BOre Chart s uximum st X4 $ consecutive days 'tm a Calendar year. ln~laCl~iee. ldditlonally. all alleyed indian/bIB· · hall be Vcound flaunted oc :oot-aoun~ed, Toe alloyable htigh~ shall mot exceed · height o~ ~bi~cr (30) ~na~, as measured tram ~ .... d) The number st i~Xatibles used for advertising ,~;oses lhAl~ be castriOted alloyinS ~oc no so~e tMee such tnZZlCtbXem 'as e) The maximum aL~wab~e size Ot any in~lacibte illsred by chis section ·ball be limited ~o no more ~hao l,SOO Iquate ~aec, 11 measur·d at the 'cross sect[on oC che inflazibla(·) used. · n admlnl·t/a~lve action by CAm C~cy. The pecnl~ muse be carlowad by .the BuiZdLnV and PLanning and muse be accompanied by · CaSh dSpOSiC equal gout tiBeR the permit See (deposited with the City) ~hich would be u·ed to defray cost of removal upon any default or vLolaKton o~ Cicy cegulacions. The J~]-14-'~ 18:42 ID:CITY ~ S~ MARCOS TEL N0:619744~45 ~]91Pg5 ,~_ faqo 3 O~d/nance 14-637 Octoboe 23. ~914 day notice ~o t~s pecr~tccee and ~o ~he ;copeccy ownec. ~he ~ ~u e~ec ~he poemlees g. ~e petmiaSma o: thmiC agen~ lhall mPe~i{y u~ecial~ to be used ~o~ eaaA in~la~ible Installed. the materials ~sed VLI1 ~o~ (ado. come. tip or Oghecvile become u~slg~Cly dueLrig' ~hen ohm City may.nee issue the cwq~osced permit. ~Oapiy vt~h the Building Diceecoc,s b) In addition ~o providing cue in(ocuc~on on the plan, She lOea~ioaal lntoc~clon shall be a dta~cam d~ovn ~o scale t~icaCtn4 tn a view. ~he tAftlegible co be used: ~0 aceas tA which or on Vhich the/ASiaethics age located. at veil as Close et~gl~ a~ta and i.ndic&cl~g ot time '{oc v~tch the petaLe 10 issued. i) ~Y violacLeft O~ c~o adopted gegut/cion s~all be 6u~Jec~ co a detjut~ amo~c ~o~ each sepi~ace dotcult ,amounts estab&ishod by C~e City Council. ~ljN'-14-'c3g 1]:48 ID:CITY OF SAN MARCOS TEL N0:619744'?54~ ~391 ~ t :~d~hance 14-637 Oocobe~ 23. ~911 its tequt&c mmettnq herd o~ the 23gd day o~ Occobec, [ottertrig colt catX vote: eXl"f OF i~ HA~CO5 sign, and in addition, deposit cash, certified check, or instrument o~ credit in the amount of five hundred dollars ($500.00) with the city as security to ensure the removal of each each sign. Upon failure to so re- move same after vrdtttn notice thereof from the city upon expiration of the minor use permit, each sum may be utilized by the city to 9ay for such removal and any unused portion shall be refunded or rel-_~i after such removal. (90) Temporary sign. (a) Def'mitieu~ A~V pro-table sign, banner, belleon, pennant, vatsace, or advertisiq display amstructed of cloth. c~- vas, light fabric. paper. cardboard, wattboard, or other light materials, with or without fr~me~, intended to be displayed for · limited period oft~,~e only. (b) Ptrmitt~[ z0ne~ 0-P, C-l, C-2. C-8, C-T and M-I zones. (c) .Location. Shall not be located or project into any public right-of, way or private road es~ment. (d) Number permitted. No Hmitation~ (e) Ares. Sign area of ~11 such signs shall not exc__m~_ accumu- lative total of one hundred (100) Mute feet. 8igu made of rigid materials shall not exceed twenty-four (24) square feet. 2. Copy area. No limitations. (f) Height. Signs made of rigid material and placed upon the ground shall not exceed a height of alx (6) feet. All other temporary s~gns shall not exceed the follow- ing height limitations: ;. SupS. No. 29 A-72.24 .Post-It - brand fax transm,ttal memo 7671 i"'(:~[.'~ ) (c q g -qq ~i AJsPENDIX A--ZONING (,) (b) (C) (d) 1, O-P zolel. Twenty (20) feet. 2, C-l, C-2, C-8, C-T and M-I ~ones. Thirty feet. gpecial provisions. Temp~.___ar~ .sj~,__s_ha__~.~e limi.t~ed to mivs~t~sing ~ _openIbm., sl~..'.al promotions, sales, s~e. pet ormiz s on the remises subject these iindtationa: 1, Temporary tigris sh~ll advertise o~ly the gco~s and le~'iess avaiinble on the pr~misee where the sigl~ is locaf~d. 2. Tempomy signs shall be.~ermi..t~i. 0nJy :zf the party refpoxt~b~e for the po~i/xg axed ma!~trn,n~'~ Of sllch a. Name, address snd telephone number of the re- sponsible party;, b. A written description of the dispiXy; c. The date on which postinK is to C0mmeDce; d. The date on which the sign(s) are to be removed. S. Temporary signs shall be permitted for a period not to exceed ~Pveen (15) consecutive days within any sixty (60) consecutive day perio~L Definit[on. Any siZn palnred on, attached to or constructed in a transit shelter. Permitted zon[n2 district. Transit shelter signs may be permitted in all commercial or industrial districts or in residential districts, subject to minor use permit. Locazion. SiKr~s may b~'placed upon. attached to o~ constructed in any vertical surfrace on the in~erlor cf a ~ransi~ shelter. Ares, 1. Sign area shall be considered to be the interior surface area of any vertical panel(s) placed to A-72.25 Notification of Sign Ordinance Enforcement Page 2 Temporary Signs: Temporary signs are defined as "any portable sign, banner, balloon, pennant, valance, or advertising display constructed Of cloth, canvas, light fabric, paper, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only." Tam orary signs may only be posted subject to the following con~itions: (a) Temporary signs may advertise only the goods and services available on the premises where the sign is located. (b) Temporary signs will be permitted for a period not to exceed fifteen (15) consecutive days within any sixty (60) Consecutive day period. TempOrary signs will only be permitted if the party responsible for the sign submits the following information to the Code Enforcement Office for approval prior to posting of any temporary sign: (1) Name, address and phone number of the responsible party. (2) A brief, written description of the display. (3) The date on which posting is to commence. (4) The date on which the sign(s) are to removed. Off-site Real Estate Sig~: Off-site real estate signs may De displayed only on weekends, beginning 5:00 p.m. On Friday and ending at midnight the following Sunday. Off-site real estate signs may also be displayed on any legal holiday observed by the City of Vista. Any signs which are posted or maintained in violation of these provisions may result in the issuance of the citation (Notice to Appear in Court). Additionally, any sign which is posted in the public right-of-way will be summarily removed by the City's Code Enforcement DiviSiOn- Your cooperation in adherence to these regulations will be greatly appreciated. If you have any questions or would like additional lnfor~ation regarding enforcement of the Sign Ordinance, please feel free to contact the City of Vista Code Enforcement DiviSion at 726-1340, Extension 40S. JUH-18-'g8 10:82 ID:CITY OF ESCONDIDO TEL N0:6197414699 CITY OF ESCONDIDO P FAX TRANSMISSION COVER SHEET, .- TOTAL PAGES( INCLUDING.TRASMITTAL FORM): **Fax tranmittal ink is not permanent. CITY OF ESCONDIDO 201 N. BROADWAY Eseondldo, CA 9202S (6~9) 'ut-~6w ~AX') JUII-18-'SQ 10:02 ID:CITY OF ESC, ONDIDO T~_IJ~j6197414699 ~618 P02 JUN-18-'9~ 10:03 ID:CITY OF ESCONDIDO TEL NO:E,197414~cj9 $~618 P~3 AUTO DEALERSFlIPS Freestanding Ms l l -Mounted Ident ification Signs Vall-Nountad Signs to Identify Individual Depts. D/rectional signs ~'Hot-air Balloons Temporary Large Temporary Banners Proposed Previously CG Zone Sign Approved Sign Standards Siam Standards ~tandards per dealership or 2 for dealerships with tvo franchises and 275' mE frontqe One 200 $F main per dealership; or, .for dealerships on corners or with large expanses Of building wail, more than one with no single elan to exceed 200 2F and the total area not to exceed 600 $F Any nunbeE with letters not to exceed 2~' in heliht Any number 8 SF signs Four times per year for 10-dey special events Pour times per year foc 30 days each time One monument per dealership One 200 $F olin per dealership Not elloved One per lot or parcel Any nunher at 12F per 50 $F Of floor area or 100 SF of site area with a maximum aggregate area mE 300 SF (Included in above standard) Other Temporary Displays Small helium b$lloons on reekends Were not expressly Any number allowed, but were of 6 2F $hoeu on Exhibit D-1 signs Noc allowed Not allowed Noc allowed DRAFT COPY FOR - TIJDy ONe Y Not allowed For tVO 30-day periods per year Alloys any sign or device which moves with breeze Eor special events not to exceed 10 days JUN-18-'B8 10:0~ ID:CITY OF ESCONDIDO TEL.NO:8197~14699 ~618 PO4 SHOPPING CENTERS Freestanding Signs' Proposed Prsvlously C6 Zone Sign Approved Si~n Standards SIin Standards Standards' One 196 SF internally illumi- nated plexiglae~ pylon sign for Hone Depot Center. One exte~n~ll7 lllut~ hated wood el2n for Burger King Center One externally illuminated wood sign for each ceuter (size per CC requirements) Wall-Kotmted Signs ~easin8 Signs Temporary Signs lntetmally lit plexiSlass for Home Depot Center (one for each in- l~ne shop, two outpads end with rear to a street). Externally lit mood for Burger King Center. Size and number per C~ standards Oue 6 SF sign in vacant shop eindov plus one 50 SF sign along street Ssall helium balloons, banners and portable signs to advertise grand openings One Z0 SF or 30 SF rood marquee sign on building front (depending on length Not expressly allowed Not allowed DRAFT COPY FOR STUDY ONLY One 100 SF each center and one 60 SF monument for each outpad on a separate parcel ~ny number with area limited to 1 SF sign peg 50 SF floor area vlthmazt- mumaggre- gate o~ 300 SF Two 16 SF signs per parcel or lot Banners and signs or other devices ehich. nove with bEeeze to adver- tise special events not exceeding 10 days SR/SS-36-PD/S-3 ~/ JLIN-18-'9~ 10:~4 ID:CITY OF ESCONDIDO CONDITIONS 89-54-PD EXHIBIT TEL N0:~19~,~1,~699 ( ~6i8 P05 A copy of the revised CC&R's shall be submitted to and approved by the Planning Department prior to approval of any sign permits vithln the Escortdido Auto Park. The submitted CC&R's shmll be consistent with Attachment with the fellsrift8 exceptionst Small helium balloons referred to in Section II.Z.2.e.1 shall be allowed only in conjunction with mn issued City permit for temporary display of a banner sign. Banner signs mentioned in Section ll.E.2.e,2 shall be limited to two 30-day periods within any 12-month period and to 100 SF in area and require a City pelvis. The use of large hot-air balloons mentioned in Section lI.E.Z.e.3 shall be l~mited to two 10-day periods within any 12-month period and requires a City permit. D. Section II.E.3.s.3 shall stipulate that 'Monument signs shall not exceed S 1/2' vide by 4' tall as shore An Exhibit D-I.' E. The heading for Section II.E.3.c shall read *For any sate being used for general commercial purposes other than auto dealerships.* Section II.E.3.c.4 shall stare that it applies to the aome Depot Center at the northwest comer of Valley Parkway and Auto Park gay. Section II.E.Lc.S shall read 'Special signs which vary from this sign criteria must first be approved by the Owner, D.E.C., and obtain Planning Commission concurrence. Section II.E.3.c.8 shall be revised so as not to alloy the posting of a temporary freestanding sl2n along Valley Parkway. This approval is subject to all applicable conditions of Tract ~77 and/or 80-173-PD. All future ~equests for signa2e vAtbAn the Auto Park shall be approved by the Auto Park Design Keviev Committee, City Design Review Committee or Design Eeviev Board, Planning Department, and Building Department. Applications shall be submitted to the Planning Department and shall include three sets af plans and the approval of the Auto Park Design aevieg Committee. The City Design Review Committee or Design Eeview Board shall review the request for conformance vi~h the Ci~y's design review 2uAdel~nes to ensure adequate separation between signs and .appropriate size of signs to prevent sign clutter. DR FT CO Y FOR STUDY ONLY City Council Minutes June 26. 1990 I was red by Co~a~cilmem Bit 11, econde~ b cil er ndema to epprO .staJ' - o - dation. ie uphol he a;~/a~, subject to.-~he reco~unendations of the City Tra c En~neer, based on ~ndings and analysis~dcontaine t County report. 2) Approve Plot Plan No. 11499, base ~s and findings contained in the County aff Repo[[, subject to the conditions of approval revised t was carried by the following vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: Birdsall, Mu~oz, Parks None Lindemans~ / Moor~ Report bv Temecula Commeroe Committee on Suaaested Sian Orfiinance/Umenfiments City Manager Aleshire reported he received a recommendation from the Temecula Commerce Committee founded to consider amendments to the sign ordinance. He suggested taking the suggestions from the committee and having the City Attorney prepare an ordinance. Mr. Aleshire stated these amendments deal directly with the use of balloons as an acceptable form of advertising. He introduced John Bell, spokesperson for the Commerce Committee, to make a presentation. John Bell, 27711 Diaz Road, gave a presentation to Council stating Temecula has unofficially been labeled "The Balloon Capital of Southern California" and stated many merchants have capitalized on Temecula's festive image by using balloons as a form of advertising. He said the present sign ordinance does not provide a vehicle in which merchants can apply for temporary forms of outdoor advertising. He reported that on July 1, 1990, all balloons must come down without an amendment to this ordinance. He said the committee has included in its report a draft proposal which was formulating using other cities as a guide including: San Marcos, Escondido, Vista, Oceanside, Corona and City of Industry. Councilmember Birdsall stated she would like the period not to exceed fifteen consecutive days within any 90 day, not 60 day period. Councilmember Mu~oz stated he would like stricter limits, and asked Council if it is willing to accept the fact that everyone could have a balloon. Nlnutes\6\26\90 - 13- 0~'/10/90 City Council Minutes June 26. 1990 Ed Morale, Commerce Committee, spoke regarding an informal survey taken. Of 200 people, only one objected to the use of balloon advertising in Temecula, and that person was in opposition to a tethered balloon which could be a hazard. City Attorney Fields said that all zoning ordinances must first go to the Planning Commission for Public Hearings and then would be brought back to the City Council. Me stated this is a rather lengthy process taking anywhere from six to nine months. He suggested adopting a moratorium amending standards for up to one year period of time, while planning is reviewing the Ordinance. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to direct staff to prepare a moratorium ordinance permitting use of specific balloons as suggested by the committee and incorporating changes suggested by Council to raise the time limit to read not to exceed fifteen consecutive days of use within a 90 day period. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindema~s, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore Councilmember MuBoz moved, Councilmember Birdsall motion to instruct staff to continue to enforce provisions of the County Sign Ordinance. seconded a all other The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore ', >*.'f. on Ynez a~ Rancho C iforn~ Ro~/ woul4 like~ ha~e a Mi~te$\6\26\90 - 14- 07/10/90 ITEM MEMORANDUM TO: FROM: DATE; SUBJECT: Plannin9 Commission Oliver Mujica April 15, 1991 Western Ridgeline Policies On March 12, 1991, the City Council directed Staff to develop Hillside and Open Space Policies to be used as the City of Temecula's Interim Western Ridgeline Policies until the General Plan is adopted. This direction was in response to a development proposal (Change of Zone No. 5748 and Tentative Tract Map No. 25980) on the Western Ridgellne currently under review by the County of Riverside. Pursuant to the direction of the City Council, the Western Ridgeline Policies was advertised for the Plannin9 Commission Public Hearing date of April 15. 1991. However, the representative for Change of Zone No. 5748 and Tentative Tract Map No. 25980 requested that this item (Western Ridgeline Policies) be placed on the City Council agenda for reconsideration. On April 9, 1991, the City Council continued the Western Ridgellne Policies to their meeting of April 23, 1991. RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission CONTINUE the Western Ridgeline Policies to May 20, 1991. OM:ks STAFFR PT\WESTR I DG ITEM #15 TO: FROM: DATE: Planning Commission Gary Thornhill, Planning Director April 15, 1991 SUBJECT: First Extension of Time for Vesting Tentative Tract Map No. 23125 Vesting Tentative Tract Map No. 23125, is currently being reviewed by Planning Staff in order to clarify Change of Zone No. 5122 which was approved by the Riverside County Board of Supervisors concurrently with the subject Tract Map, but never adopted by Ordinance to be come effective. Thus, causing a new Change of Zone Application to be approved and adopted. Both the Planning Staff and applicant are currently working together to resolve the Change of Zone issue. It should be noted that Public Hearing Notices will be sent to the surroundln9 property owners advising them of the rescheduled meeting. RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission CONTINUE First Extension of Time for Vesting Tentative Tract Map No. 23125 "Off-Calendar". A:23125\lb