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HomeMy WebLinkAbout061791 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING June 17, 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 "Requestto 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 Approval of minutes of May 20, 1991 Planning Commission Meeting. PUBLIC HEARING ITEMS Case No. Applicant: Location: Proposal: Case Planner: Recommendation: Variance No. 6 Superior Electrical Advertising, Inc. Northwest Corner of Jefferson Avenue and Overland Drive Variance in order to allow an additional freestanding sign display in lieu of the maximum allowed freestanding signs per Ord. 3u,8. Richard Ayala Continue to July 1, 1991 Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Parcel Map No. 26135 Luis Stahl Northwest corner of Santiago Road and Ormsby Road Subdivide 5.19 acres into three residential parcels. Richard Ayala Approval Tentative Tract Map No. 25055 Jack Hamry Northside of Via La Vida, East of Margarita Rd. 29 Unit Condominium Map Mark Rhoades Approval Tentative Tract Map No. 24785 Steve Lee Northwest Corner of Lielet Rd. and Kimberly Ln. Subdivide 5.0 acre site into two parcels Mark Rhoades Approval Conditional Use Permit No. 11 Robert C. Vecchione/Eduardo Lopes 27919 Front Street Request for a Conditional Use Permit to allow automotive sales by individual owner at an existing parking lot. Mark Rhoades Approval Revised Conditional Use Permit No. 2 Larry Gabele Westerly side of Ynez Road approximately 200 feet North of Solana Way To increase the building space of an approved automotive service Center by approximately 300 square feet and delete 3 parking spaces. Scott Wright Approval Change of Zone No. 11, Parcel Map 26852 and Plot Plan No. 224 Bedford Properties Northwest corner of Margarita and Winchester Roads. Change of Zone from R-R (Rural Residential) to C-P-S (Scenic Highway Commercial) on 19.7 acres of a 57 acre site. Subdivide the 57 acres into lu, Parcels and 2 remainder parcels. Construct a 177,000 square foot Commercial Center on Steve Jiannino Recommend Approval Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Tentative Tract 25277 and Zone Change 572~ Acacia Construction Southwesterly side of Pechanga Creek abutting the easterly side of Temecula Creek Inn Golf Course To change the zone from R-R, Rural Residential, to R-1, single family residential and to create 102 residential lots and 7 open space lots. Scott Wright Continued to July 1, 1991 Change of Zone No, 9/Substantlal Conformance No. 11 Buie Corporation North of Rancho California Rd., East of Margarita Rd. Amend zoning and issue substantial conformance to allow one four plex unit to exist in Planning area 37 of SP 199, No change in density. Mark Rhoades Continued to July 1, 1991 Conditional Use Permit No. 5 Lou Kashmere Northwesterly Corner of Front St. and Highway 79 Car Care Center consisting of a Retail Car Wash, Service Station and Market Richard Ayala Approval 13. Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Tentative Tract Map No. 21760, Amend No. 2, Minor Change No. 1 Coleman Homes, Inc. Preece Lane and Via Fanita Revise Housing mix on Lots 29, u,9, 73, 78 and 88, and also modify conditions of approval to allow a one foot fireplace encroachment into the 5'side yard minimum setback. Richard Ayala Recommend Approval Parcel Map 26232 Wall Street Properties East Side of Winchester Road North and South of Nicolas Road. To create 15 commercial parcels and a 39 acre remainder parcel on a 70 acre site. Scott Wright Recommend Approval 15. 17. Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Plot Plan 29 (Parcel Map 26232 above) Wall Street Properties East Side of Winchester Road North and South of Nicholas Road. To construct a multi-tenant commercial center with 196,500 square feet of gross floor area. Scott Wright Recommend Approval Appeal No. 1~, PPA No. 103 Precision Sign Group, Inc. 41895 Motorcar Parkway Appeal of Planning Directorts decision to deny a sign application. Mark Rhoades Denial Temporary Outdoor Activities Ordinance City of Temecula City Wide Ordinance establishing Regulationsfor Temporary Outdoor Activities. Oilvet Mujica Recommend Approval Outdoor Advertising Displays Ordinance City of Temecula City Wide interim Ordinance establishing regulations for Outdoor Advertising Displays. Oliver Mujica Recommend Approval Planninq Director Report General Plan Update Planninq Commission Discussion Other Business ADJOURNMENT Next meeting: July 01, 1991, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California SJ/Ib pc/Agn6/17 iTEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEHECUL& PLANNING COIOilSSION MONDAY, I~Y 20, 1991 A regular meeting of the City of Temecula Planning Commission was called to order Monday, May 20, 1991, 7:00 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, Planning Director Gary Thornhill, Deputy City Engineer Doug Stewart and Minute Clerk Gail Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. APPROVAL OF AGENDA COMMISSIONER HOAGLAND moved to approve the agenda, with Item 10 taken prior to Item 3, seconded by COMMISSIONER FAHEY. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None MINUTES COMMISSIONER FORD moved to approve the minutes of May 6, 1991, with the following modifications: Page 11, ninth paragraph vote, move under the motion made by Commissioner Hoagland. COMMISSIONER HOA8LAND seconded the motion to approve the minutes as modified. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: PCMIN5/20/91 0 COMMISSIONERS: None -1- MAY 24, 1991 PLANNING COMMISSION MINUTES HAY 20, 1991 GARY THORNHILL requested that a motion be made to continue Item 14 to the meeting of June 3, 1991. COMMISSINER FORD moved to continue Item No. 14 to the regular Planning Commission meeting of June 3, 1991, seconded by COMMISSIONER FAHEY. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None PUBLIC HEARING ITEMS 10. PUBLIC USE PERMIT NO. 625 (REV.) 10.1 Request to allow Rancho Baptist Church three (3) On Site Temporary Trailers. Located at 29775 Santiago Road, Temecula. OLIVER MUJICA provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 6:15 P.M. JIM CARPENTER, Pastor, Rancho Baptist Church, 30933 Loma Linda Road, Temecula, provided a brief history of the church. JERRY TEDDER, 37797 Calle De Lobo, Murrieta, provided background on the development of the church and the phasing of construction. DAVID CARPENTER, 41169 Vintage Circle, Temecula, representing Rancho Baptist Church, requested that Condition of Approval No. 14 be waived. RICHARD 81r~,GGB, 29497 Rancho California Road, #675, Temecula, requested clarification of where the proposed improvements were going in at the church site and added that he had no problem with the proposal. BARBARA HUGHES, 44278 Cabo Street, Temecula, spoke against the approval of the temporary trailers due to insufficient screening between her property and the church grounds. BOB HINZ, 44264 Cabo Street, Temecula, spoke against the appproval of the temporary trailers, also due to PCMIN5/20/91 -2- HAY 24, 1991 PLANNINI~ COMMISSION HINUTES MAY 20, 1991 insufficient screening between the residential property and the church. STEVE JIANNINO advised the Commission that when the original Public Use Permit was approved, a Variance was approved deleting the requirement for a screen wall for the entire project. COMMISSIONER FORD suggested to the applicant that temporary screening be placed and permanent screening be in place prior to phase 2 construction, with Planning staff working out the details with the applicant. DAVID CHRISTIAN stated that they would be willing to work that out with staff. OARY THORNHILL added that the project could be conditioned to have a permanent screen wall in place prior to occupancy of the phase two structure. JOHN CAVANAUGH advised the Commission, as well as the applicant, that if the applicant wishes to contest the amount of the development fee (Condition No. 14), they may do so, by appealing the imposition of the fee at the City Council level. COMMISSIONER FANEY moved to close the public hearing at 6:50 P.M. and Adopt Resolution 91-(next] approving Public Use Permit No. 625 (rev.), subject to the Conditions of Approval as submitted by staff, modifying Condition No. 14 as presented by the Assistant City Attorney and adding a condition requiring that the temporary trailers be painted to match the existing building, a maximum of 36 months approval on the use of the temporary trailers, and temporary screening of the chain link fence to include wooden slats and landscaping, with the construction of a block wall with construction of PhaseTwo, seconded by COHNIS8IONER BLAIR. After Commission discussion, COMMISSIONER FANEY amended her motion to require the temporary screening of the chain link fence be in place prior to occupancy of the trailers and the permanent block wall be constructed within 36 months of approval of the PUP, seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None PCMIN5/20/91 -3- MAY 24, 1991 PLANNING COIO~ISSION MINUTES FAY 20, 1991 4. VESTING TENTATIVE TRACT HAP NO. 26861 ~ VARIANCE NO. 7 Proposal to develop 145 detached condominium units on approximately 14 acres and variance to allow for the development of units below the required 1000 square foot minimum ground floor living area per Ord. 348. RICHARD AYALAprovided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 7:00 P.M. RAY CASEY, 15090 Avenue of Science, #200, San Diego, representing Presley of San Diego, answered questions by the Commission reqarding the changes in the development. COMMISSIONER FORD suggested that the project be conditioned to complete the recreation area prior to occupancy of Phase One. RAY CASEY stated that he saw no problem in fulfilling that Condition. ALEXANDER URQUBART, Crosby Mead Benton & Associates, 5650 E1 Camino Real, #200, Carlshad, project engineering manager, stated the applicants concurrence with the changes to Condition 37 and answered questions by the Commission about the development. CHAIRMAN CHINIAEFF expressed a concern for the exterior maintenance of the project. The applicant was proposing that the individual homeowners maintain the exterior walls and wood fencing and the Homeowners Association maintain the front yard landscaping. After discussion the applicant agreed to have the exterior walls as well as the front yard landscaping maintained by the Homeowners Association. The applicant was also proposing that the CSD maintain the exterior walls of the project. GARY THORNHILL stated that the exterior project walls would be the Homeowners Association's responsibility as well; however, CSD would maintain the exterior landscaping. COMMISSIONER FORD moved to close the public hearing at 7:25 P.M. and recommend that the City Council Adopt the Addendum to EIR No. 281 for Tentative Tract Map No. 26861 and AdoDt Resolution No. 91-/next} recommending approval of Vesting Tentative Tract Map No. 26861, and Variance No. 7, subject to the Conditions of Approval with Condition 37 and Condition 68 modified and adding a PCMIN5/20/91 -4- HAY 24, 1991 MINUTES MAY 20, 1991 condition requesting construction of the recreation area to be completed prior to first occupancy of Phase One and the addition of a condition relating to the CC&R's for the provisions of access and maintenance by the Homeowners Association, seconded by COMMISSIONER HOAGLi~1D. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None CHAIRMAN CHINIAEFF declared a five minute recess at 7:25 P.M. The meeting reconvened at 7:30 P.M. GARY THORNHILL advised the Commission that the presentation on the Sphere of Influence (Item No. 3) would have to be postponed to later in the meeting to allow the speaker to arrive. CHAIRMAN CRINIAEFF stepped down on the following item, due to a conflict of interest and turned the gavel over to Vice Chairman Ford. 5. PLOT PLAN NO. 10969 Proposal to construction a 1700 square foot commercial building with a 1700 square foot residential caretakers unit on the second floor. Located on Main Street, south side between Front and Mercedes. STEVE JIANNINO provided the staff report. VICE CHAIRMANFORD opened the public hearing at 7:35 P.M. ROBERT MORRIS, applicant, stated that he concurred with the staff report and the Conditions of Approval. COMMISSIONER HOAGLAND moved to close the public hearing at 7:40 P.M. and Ado~ the Negative Declaration for Plot Plan No. 10969 and Adopt Resolution 91-(next] approving Plot Plan No. 10969 subject to the Conditions of Approval, seconded by COMMISSIONER BLAIR. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff PCMIN5/20/91 -5- MAY 24, 1991 PLANNING COMMISSION MINUTES CHAIRMAN CNINIAEFF returned to his seat. HAY 20, 1991 6. PARCEL MAP NO. 25349 6.1 Proposal for a three lot subdivision of 8.2 acres. Located at the eastern terminus of Jeramie Drive. STEVE JIANNINO provided the staff report. DOUQ STEWART advised that staff would like to change the wording of Condition 31 to read "All weather access road to the nearest access road." CHAIRMAN CHINIAEFF opened the public hearing at 7:50 P.M. RICHARD CRUZEN, Alba Engineering, 9968 Hibert Street, Suite 100, San Diego, representing the applicant, requested that the Commission eliminate Condition 30 curb and gutter and proposed to pave the cul-de-sac; Condition 35 modified to read "subdivider shall provide or post security or an agreement shall be executed" and delete the (A) requirement; regarding Condition 42, Mr. Cruzen advised that the project has been designed so that each property owner would be responsbile for grading;.and elimination of the requirement for Condition 52. COMMISSIONER HOAGLAND moved to close the public hearing at 8:00 P.M. and Adopt the Negative Declaration for Tentative Parcel Map No. 25349 and AdoPt Resolution No. 91-(next) approving Tentative Tract Map No. 25349, subject to the attached Conditions of Approval, deleting the requirement for curb and gutter in Condition 30; with Condition 31 modified to require an "all weather access road to the nearest paved road"; and deletion of part (A) of Condition 35; and deleting the requirements for curb and gutter, street lights and sidewalks of Condition 52, seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 7. CHANQE OF ZONE 5755 7.1 Proposal to change zone from MSC to C1/CP on 8 acres. Located at the northwest corner of Diaz and Rancho PCMINS/20/91 -6- MAY 24, 1991 PLANNING COMMISSION MINUTES MAY 20, 1991 California Roads. STEVE JIANNINO provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 8:10 P.M. GARY KATZ, 28765 Single Oak Drive, Temecula, representing Bedford Properties, concurred with the staff report. COMMISSIONER BLAIR asked the applicant what types of businesses would be going in if the zone was changed. The applicant indicated that they currently did not have any definite uses. COMMISSIONER HOAGLAND questioned the control of the proposed uses once the zoning is changed. JOHN CAVANAUGH advised that if the applicant is proposing a permitted use under the zone, the Commission would be unable to do anything about it. He added that the Commission could reject the application as presented without any findings. COMMISSIONER BLAIR moved to close the public hearing at 8:15 P.M. and recommend that the City Council Deny adoption of a Negative Declaration for Change of Zone No. 5755 and Deny adoption of Resolution 91-{next) recommending approval of Change of Zone No. 5755, seconded by COMMISSIONER HOAGLAND. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None Due to the busy intersection at this location the Commission expressed a concern for approving a zone change when the proposed uses was undetermined. PLOT S.1 PLAN 10675, EXTENSION OF TIME Request for extension of time for Plot Plan 10675, a two story Office building. Located on the south side of Single Oak Drive, 300 feet east of Business Park Drive, Temecula. STEVE JIANNINO provided the staff report. PCMIN5/20/91 -7- MAY 24, 1991 PLANNIN~ COMMISSION ~INUTES MAy 20° 1991 CHAIRMAN CHINIAEFF opened the public hearing at 8:20 P.M. GARY KATZ, 28765 Single Oak Drive, Temecula, representing Bedford Properties, concurred with the staff report. COMMISSIONER FAHEY moved to close the public hearing at 8:20 P.M. and approve the extension of time for Plot Plan 10675, seconded by COMMISSIONER HOAOLAND. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 9. CONDITIONAL USE PERMIT NO. 10 el Request to operate a rental car facility from an existing retail center. Located at 27472 Jefferson Avenue, Temecula. OLIVER MUJICA provided the staff report. Mr. Mujica advised the Commission that the proposal was to operate a rental "car only" facility. COMMISSIONER FORD recommended that Condition 9 be modified to read "stored, parked or rented." C~IRMAN CHINIAEFF opended the public hearing at 8:25 P.M. STEVE CANNING, 27472 Jefferson Avenue, Temecula, requested that Condition 13 be deleted and confirmed that the requirement under Condition 14 is $2.00 per square foot; that Line (A) of Condition 9 be amended to read "shall not be stored". COMMISSIONER FORD questioned if the applicant would be willing to restrict the rental to a one ton or less truck. The applicant expressed a willingness to concur. COMMISSIONER FAHEY moved to close the public hearing at 8:30 P.M. and Adopt Resolution 91-(next] approving Conditional Use Permit No. 10 subject to the Conditions of Approval modified as follows: delete Condition 5; Condition No. 9 modified to read "No truck over one ton shall be stored as part of this use"; and Condition No. 14 as proposed by the City Attorney's office. Assistant PCMIN5/20/91 -8- MAY 24, 1991 PLANNING C0~(ISSION MINUTES I,~Y 20, 1991 City Attorney JOHN CAVANAUGH read Condition 14 into the records, seconded by COMMISSIONER BOAGLAND, who requested that Condition 5 be modified to read "shall maintain a maximum of 15 parking spaces for the use.", rather than delete Condition 5. COMMISSIONER FAHEY concurred with the amendment to the motion. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 11. PLOT PLAN 69 (REV.) 11.1 Proposal to add transmission and receiving equipment on an existing antenna Tower. Located west of 1-15 and south of Front Street. OLIVER MUJICA provided the staff report. C~IRMAN CHINIAEFF opened the public hearing at 8:30 P.M. JEFF BROWN, Fastrax Developer Services, 17281 Shrier Drive, Lake Elsinore, representing the applicant, was available to answer any questions by the Commission. COMMISSIONER HOAGLANDmOved to close the public hearing at 8:40 P.M. and Adopt Resolution 91- {next) recommending that the City Council approve Plot Plan No. 69 (Rev.), seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 2. PARCEL MAP 21769, SECOND EXTENSION OF TIME AMENDED #3 and REVISED PARCEL MAP 21769 12.1 Proposal for second extension of time for Parcel Map 21769 to create four parcels on a 91.4 acre site. 13.1 Proposal to create three parcels on a 91.4 acre site. Located on Rainbow Canyon Road, immediately south of Temecula Creek Inn. PCMIN5/20/91 -9- MAY 24, 1991 PLANNING COMMISSION MINUTES MAY 20, 1991 STEVE JIANNINO provided the staff report. C~IRMAN CHINIAEFF opended the public hearing at 8:45 P.M. DAVID JAMES, Ranpac Engineering, 27447 Enterprise Circle West, Temecula, concurred with the Conditions of Approval. DEANEMANNING, R Mansur, 44501 Rainbow Canyon Road, Temecula, spoke in favor of the proposal and requested that the following conditions of approval be deleted: Conditions 5, 6, 7, 9, 10, 11, 12, 18 and 20 and that Condition No. 14 be moved to Condition No. 1. STEVE JIANNINO advised the Commission that the purpose of the map for for financing reasons only. GARY THORNHILL concurred with Mr. Manning and requested to delete Condition numbers 5, 6, 7, 9, 10 and modify 12 to read, "wherever feasible". DOUG STEWART stated that staff would recommend leaving Condition No. 18 as is and Condition No. 20 modified to read "An agreement for development of a loop road shall be executed for construction of internal loop roads at the discretion of the City Engineer." COMMISSIONER BLAIR moved to close the public hearing at 8:55 P.M. and AdoPt Resolution 91-[neXt) recommending that the City Council approve a Second Extension of Time for Parcel Map 21769 Amended No. 3, seconded by COMMISSIONER FORD. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None COMMIMMIONERHOAGLANDmOVed to close the public hearing at 8:55 P.M. and recommend that the City Council Receive and File Revised Parcel Map No. 21769 subject to the Conditions of Approval as modified by staff, seconded by COMMISSIONER FAREY. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None PCMIN5/20/91 -10- MAY 24, 1991 PLANNIN~ COMMISSION NINUTES MAY 20, 1991 14. VARIANCE NO. 6 14.1 Proposal for Variance in order to allow an additional freestanding sign display in lieu of the maximum allowed freestanding signs per Ordinance 348. Applicant requested item be continue to meeting of June 3, 1991. 15. SUBSTANTIAL CONFORMANCE NO. 17 and 16. TENTATIVE PARCEL HAP NO. 26766~ and SUBSTANTIAL CONFORMANCE NO. 17 15.1 Proposal to allow the exchange of one (1) dwelling unit of density from Planning area 14 to Planning area 13 of Specific Plan No. 199. Located at the Southwest corner of Rancho California Road and Vintage Hills Drive. 16.1 Proposal to subdivide 10.81 acres into one (1} single family residential lot and one (1) open space parcel. Located on the south side of Rancho California Road between Butterfield Stage Road and Vintage Hills Drive. OLIVER MUJICA provided the staff report. COMMISSIONER FORD stepped down due to a conflict of interest. CHAIRMAN CHINIAEFF opened the public hearing at 9:05 P.M. ROBERT KEMBLE, Robert Bein, William Frost & Associates, representing the applicant, stated that the applicant has already participated in the payment of Quimby Fees as required in Condition 14; and that Conditions 28 and 45 be amended to reflect the wording provided by the City Attorney. JOHN CAVANAUGN advised that Condition 14 could be deleted, and Conditions 28 and 45 could be deleted under the Substantial Conformance; however, should remain under the Tentative Parcel Map. COMMISSIONER HOAGLANDmoved to close the public hearing at 9:10 P.M. and Adopt Resolution No. 91-(next) approving Substantial Conformance No. 17, seconded by COMMISSIONER FAHEY. PCMIN5/20/91 -11- HAY 24, 1991 PLANNING COMMISSION MINUTES MAY 20, 1991 AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Ford COMMISSIONER HOAGLANDmoved to close the public hearing at 9:10 P.M. and AdoPt Resolution No. 91-(next) approving Tentative Parcel Map No. 26766 subject to the Conditions of Approval, deleting Condition 14 and modifying Conditions 28 and 45 per the language provided by the city Attorney, seconded by COMMISSIONER BLAIR. AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Ford CHAIRMAN CHINIAEFF declared a recess at 9:15 P.M. The meeting reconvened at 9:20 P.M. 17. WESTERN RIDGELINE POLICIES 17.1 Proposal to develop interim Hillside and Open Space Policies to be used as the City of Temecula's Western Ridgeline Policies until the General Plan is adopted. OLIVER MUJICA provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 9:20 P.M. MARK ACErEDO, 27475 Ynez Road, Suite 136, Temecula, representing the Temecula Valley Chamber of Commerce, stated that the Chamber recognizes the importance of having a plan in place. He added that the Chamber feels that the Western Corridor is imperative to the business of the community and that the Western Ridgeline Policy should have language implemented to address this corridor. JOSEPH SCHNEIDER, 29951 Camino De1 Sol, Temecula, stated that although he endorses a hillside/ridgeline policy, he feels that the City is premature in adopting policies in an area that has not yet been determined in the City's sphere of influence; PCMIN5/20/91 -12- MAY 24, 1991 PLANNING COIO~ISSlON MINUTES FAY 20, 1991 however, if the City believes it is legal to adopt these policies he would endorse staff's recommendation. LEROY GRUNDER, 6012 Richfield Road, Yorba Linda, advised the Commission that he has not received any information on the proposal and therefore would oppose the policy. KELLY JUNE, 6242 Guthrie Street, San Bernadino, stated that she opposed the proposed policies due to the effects on her property. JOHN PATTON, 4817 Bionz Drive, San Diego, stated that this area was not in the City's sphere of influence and therefore feels that the City should not be adopting any policies that affect his property. LARRY MPa~KHAM, Markham & Associates, 41750 Winchester Road, Temecula, representing Judy Rosen and Associates, stated that staff had deleted SWAP policy No. 9 and would recommend that this policy be put back into the Western Ridgeline Policy. Mr. Markham gave a picture presentation on ways that the City could address the development of the ridgeline. GARY THORNHILL stated that although the ridgeline is not in the City's sphere of influence, the City does not have a sphere of influence in place; however, the the upper portion of the ridgeline is in the City's proposed sphere of influence that has been presented to LAFCO. Mr. Thornhill stated that he concurred with alot of what Mr. Markham was proposing in his presentation and would be willing to sit down and discuss some of the issues. CHAIRMAN CHINIAEFF suggested that staff take the policy back and implement some of the recommendations made by Mr. Markham. Me suggested that they hold off approving any policies until the sphere of influence has been determined. COMMISSIONER FAHEY moved to close the public hearing at 9:55 P.M. and continue the Western Ridgeline Policies off-calendar to allow to work on some of the recommendations presented in the public hearing, seconded by COHNI88IONER BLAIR. PCMIN5/20/91 -13- MAY 24, 1991 PLANNINe COMMISSION MINUTES AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: MAY 20, 1991 Blair, Fahey, Ford, Hoagland, Chiniaeff None NON PUBLIC HEARING ITEMS 3. SPHERE OF INFLUENCE 3ol Presentation by Bill Meecham on the status of the of Influence process. PLANNING DIRECTOR REPORT GARY THORNHILL advised the Commission of the following: , Sphere The City Council approved The Planning Center as the consultant to prepare the general plan. Proposed joint meeting between the City Council and the Commission for the middle of June. Currently working on the transition of contract staff to permanent staff. Introduced Tim Serlet, City Engineer. PLANNING COMMISSION DISCUSSION None OTHER BUSINESS None PCMINS/20/91 -14- MAY 24, 1991 PLKNNIN~ COIOIISSION ~INUTES I~Y 20, 1991 ADJOURNMENT CONMISSIONER HOAGLAND moved to adjourn the meeting at 10:15 P.M., seconded by COMMISSIONER FAHEY. The next regular meeting of the City of Temecula Planning Commission to be held Monday, June 3, 1991, 7:00 P.M. at Vail Elementary School, 29915 Mira Loma Drive, Temecula. CHAIRMAN DENMI8 CHINIAEFF SECRETARY PCMIN5/20/91 -15- MAY 24, 1991 ITEM #3 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Planning Director June 17, 1991 Variance No. 6 lWinchester Square} The above subject case was scheduled to be heard before the Planning Commission on June 3, 1991. However, the applicant has recently hired a private consultant to represent the subject case. Therefore, the applicant is requesting a continuance of the subject case for the July 1, 1991 Planning Commission Meeting in order for his representative to review the project. RA:ks A:VAR6-A.MEM ITEM STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Tentative Parcel Map No. 26135 Prepared By: Richard Ayala Recommendation: 1. ADOPT the Negative Declaration for Tentative Parcel Map No. 26135; and ADOPT Resolution No. 91- approving Tentative Tract Map No. 26135, based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: P R OPOSA L: LOCAT I ON: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Luis Stahl California Geo Tek, Inc. Subdivide 5.19 acres into three residential parcels. Northwest corner of Santiago Road and Ormsby Road. R-R { Rural Residential ) North: R - R South: R - R East: R - R West: R - R Not requested. Rural Residential ) Rural Residential ) Rural Residential ) Rural Residential ) Single Family Residence North: Vacant South: Vacant East: Vacant Graded Pads West: Vacant A:PM26135 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: No. of Acres: 5.19 ac. gross Proposed Lot Sizes: Parcel 1: 1.23 ac. gross Parcel 2: 1.17 ac. gross Parcel 3: 2.78 ac. gross residence) {existing The application for Tentative Parcel Map No. 26135 was submitted to the City of Temecula on June 15, 1990. The application has gone through Pre- Development and Formal Review. During Pre- Development Review, it was determined that a qualified biologist should perform a Stepbends Kangaroo Rat walk-over survey. A biological study was submitted which indicated that no known sensitive or endangered species would be adversely impacted by the proposed development. The site is located within the Stepbends Kangaroo Rat Habitat Conservation Plan Area and will be subject to mitigation fees. The project site contains an existing residence within proposed Parcel 3. The remainder of the site is basically undisturbed and consists of gently rolling slopes. The applicant is proposing to subdivide a 5.19 acre gross parcel situated on the northwest corner of Santiago and Ormsby Roads into three ~3) parcels: Parcel 1: Parcel2: Parcel 3: 1.23 ac. gross 1.17 ac. gross 2.78 ac. gross {existing residence) Land Use and Zoninq The site and the surrounding area is currently zoned R-R {Rural Residential) with lot sizes of approximately 1 acre or larger. The area farther north has been developed as an R-1 single family tract with some 1/2 acre lots developed to the northeast. Therefore, Planning Staff has determined that the proposed project is compatible with the surrounding development. This area retains a rural character with unimproved roads and use of septic systems for sewage disposal. The applicant is proposing to create three ~3) parcels over an acre in size which are consistent with the Southwest Area Community Plan which calls for 1-2 DU/AC for the subject site. Planning Staff A:PM26135 2 has reviewed the proposed project and has determined that the proposed one acre plus residential parcels will not have a significant impact on the rural character of the immediate surrounding area. Access and Circulation Access to the new proposed parcels will be provided from Santiago Road by a 30* wide reciprocal driveway for Parcels 1 and 2 {see site plan). The existing residence I Parcel 3 ) will have direct access from Santiago Road by the existing driveway. Grading The subject site's existing topography will be changed due to the 1,800 cubic yards of fill that will be imported and the 50 cubic yards of onsite cut in order to develop adequate building pads. However, the grading and recontouring of the subject site is not substantial and therefore, this impact is not considered significant. Nevertheless, a conceptual grading plan for the project was reviewed by the City Engineer and was found to be designed in accordance with Temeculals standards. Therefore, the proposed project will not adversely change the existing topography. Erosion Control All slopes over three feet in height will be landscaped and irrigated according to the City Development Code. Furthermore, graded but undeveloped land will be maintained in a weed-free condition and be planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. Traffic The Transportation Engineering Staff has reviewed this project; and has determined that the proposed project will have a minimal impact to the existing road system and there will be no adverse unmitigable significant traffic impacts resulting from the development of this proposed project. A: PM26135 3 GENERAL PLAN AND SWAP CONSISTENCY: However, the Engineering Department requests that Ormsby Road be dedicated as a 30 foot half width and improved with 20 feet of asphalt concrete pavement, or bonds be posted for all road improvements. In addition, access along the westerly property line of Parcel 1 and Parcel 2 will be improved with 20 feet of half street improvement within a 30' dedicated right-of-way. In the event that Santiago Road is not constructed by an Assessment District prior to the final map recordation, the developer shall bond for the improvements to provide for one-half street improvements plus one 12 foot lane per Riverside County Standard No. 100 ( 86' / 110' ). The improvements shall be constructed prior to occupancy. Owner shall also waive all rights to oppose formation of an Assessment District to construct said improvements. The proposed density of the project is consistent with the Southwest Area Community Plan of 1-2 DU/AC. In addition, Staff finds it probable that this project will be consistent with the New General Plan when it is adopted. ENVIRONMENTAL DETERMINATION: FINDINGS: 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 impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration has been recommended for adoption. The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. A: PM26135 4 There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surrounding current residential development zoning and SWAP. 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,due to the fact that the project is consistent with surrounding development. The proposed use complies with State plannln9 and zoning law due to the fact that the project conforms to the current zoning for the site and to Ordinance No. ~60. Schedule H. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and sufficient building area. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the initial study. The desi9n of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots are large enough to provide sufficient southern exposure with passive or active solar possibilities. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Santiago Road. A: PM26135 5 10. 11. 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. The project will not interfere with any known easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Planning Department Staff recommends that the Planning Commission: 1. ADOPT the Negative Declaration for Tentative Parcel Map No. 26135; and ADOPT Resolution No. 91- approving Tentative Tract Map No. 26135, based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. RA:ks Attachments: 2. 3. Resolution Conditions of Approval Environmental Assessment Exhibits A: PM26135 6 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 26135 TO SUBDIVIDE A 5.19 ACRE PARCEL INTO THREE PARCELS SITUATED ON THE NORTHWEST CORNER OF SANTIAGO ROAD AND ORMSBY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 9~,5-080-009. WHEREAS, Luis Stahl filed Parcel Map No. 26135 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 June 17, 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 Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin.qs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be 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. A: PM26135 7 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 Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 26135 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: PM26135 8 D. (1) Pursuant to Section 6.5, no parcel map 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 Parcel Map approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. ~2) ThePlanningCommission, inapprovingtheproposed parcel map, makes the following findings, to wit: a) The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surrounding current residential development zoning and SWAP. c) 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,due to the fact that the project is consistent with surrounding development. d) The proposed use complies with State planning and zoning law due to the fact that the project conforms to the current zoning for the site and to Ordinance No. q60, Schedule H. e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and sufficient building area · f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildllfe or their habitat as determined in the initial study. A: PM26135 9 The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots are large enough to provide sufficient southern exposure with passive or active solar possibilities. h) All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Santiago Road. 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 conditloned. The project will not interfere with any known easements. j) The lawful conditions stated in the project~s Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. 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 Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study was performed for this project when 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 impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration, therefore, is hereby granted. A: PM26135 10 SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 26135 for the subdivision of a 5.19 acre parcel into three parcels located on the northwest corner of Santiago Road and Ormsby Road and known as Assessor~s Parcel No. 945-080-009 subject to the following conditions: A. Attachment 2, attached hereto. PASSED. APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: PM26135 11 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 26135 Project Description: Subdivide5.19 Acres into three residential parcels. Assessor's Parcel No.: Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance u,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 condltionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance ~,60. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. 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. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Departmentis transmlttal dated February 7, 1991, a copy of which is attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Departmentis letter dated May 28, 1991, a copy of which is attached. A: PM26135 12 All proposed construction 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 Eastern Municipal Water District transmittal dated March 7, 1991, a copy of which is attached. 10. Lots created by this subdivision shall comply with the following: 11. 12. 13. Lots created by this subdivision shall be in conformance with the development standards of the R-R (Rural Residential) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's 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. 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. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant {Class A ) roofs as approved by the Fire Marshal. A: PM26135 13 15. 16. 17o 18. 19. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 26135, which action is brought within the time period provided for in California Government Code Section 661~99.37. 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. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Prior to recordat/on of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Prior to issuance of a building permit, the applicant shall submit written verification to the Building and Safety Department that all pertinent Conditions of Approval and applicable regulations have been met for the following agencies: Planning Department Temecula Valley School District Fire District Engineering Department County Health Department Water District Temecula Community Services District A:PM26135 14 Flood Control District Eastern Municipal Water District. 20. 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 Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code, Section 711.4(c). Enqineerlnq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning 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. 21. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 22. 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: 23° 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; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. A: PM26135 15 25. 26. 27. 28. 29. 30. 31. 32. 33. 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. Ormsby Road shall be designed and improved with 20 feet of asphalt concrete pavement plus one 12 foot lane, or bonds for the street improvements may be posted, within a dedicated right-of-way in accordance with County Standard No. 101~, Section A Access along westerly property line of Parcel 1 and Parcel 2 shall be designed and improved with 20 feet of half street improvement plus one 12 foot lane, or bonds for the street improvements may be posted, within a dedicated right-of- way in accordance with County Standard No. 10LL Section A 1~,0'/60~). In the event that Santiago Road is not constructed by an Assessment District prior to the final map recordation, the developer shall design and bond for the improvements to provide for one-half street improvements plus one 12 foot lane per Riverside County Standard No. 100 {86'/110'). The improvements shall be constructed prior to occupancy. Owner shall also waive all rights to oppose formation of an Assessment District to construct said improvements. Corner property line cut off shall be required per Riverside County Standard No. 805. 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. 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. Street names shall be subject to the approval of the City Engineering Department. The subdivider shall submit two 12) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2~," x 36" mylar by a Registered Civil Engineer. The subdivider shall submit two i2) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A:PM26135 16 On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating 'lDrainage easements shall be kept free of buildings and obstructions?~ 35. The subdlvider 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 subdivider shall provide adequate facilities as approved by the Engineering Department. 36. The subdlvider 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. 37. 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: 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. 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. PRIOR TO BUILDING PERMIT: 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. 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. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the A: PM26135 17 developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, and drive approaches on all interior public streets. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Asphaltic emulsion lfog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9u, of the State Standard Specifications. Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Street "A" and Ormsby Road and shall be included in the street improvement plans. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 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: Li9. All signing shall be installed per the approved signing and striping plan. A: PM26135 18 Department of Buildlnq and Safety 50. Submit approved parcel map to the Department of Building and Safety for addressing. 51. Obtain all Land Use and Building Department clearances. A: PM26135 19 - F 'RECEIV:F7: '; 2 TZ~i~A(/R~f HAS BEVIEWZD Y]-tS HAP DESCRIBED ABOVE. IF 'IllBid;: ~.,22 2~NY QUSS~IONS CONCEBNING YHIS ~%NSHI~IAL, CONTACT (7~4) 707-6543. L~Z:OZXbfENOATIONS ABS AS FOLLOWS: 01H), 4 The Environxnental Health Services,Division (EIISD) has reviewed I.l~e - %~h~n ~r~dinq is required. the sells em ~eer ,,,u=~ ::ccassazy subsurface sewage d~sposal system depths Pr~ur ~ 5h[kll include and addtoo% the ~ - _A~ proposed cuts and/or fills in the areas of subsurface sewage d~spo~a! system. pi~,c~d &n na.t. ural undisLurbe.zJ soil . ::ciucL~d On Lhe qradina'plan submxtted /or rc, vlo~/ and aL~urc~val wlLIi LJiu ,:,, copy of Lllo /in~l qradiHa plan, on a sca]o not, sn, a/]c,r thal~ ]"-,iU' ( S I.~I~A'] UI<I~ ) ( ']' I 'X [,1:: ) 'C:~-~''''''~ :,,': ::-'.:: 117 (:tL:\I. O]/'fiO) General Manager J. Andrew Schlange Legal Counsel Redwine and Shetrill Director of The Metropolitan g/ater Dist~ct of Southern California Doyle F. Boen Treasurer Rogers M. Cox March 7, 1991 Mr. Richard Ayala, Case Planner Planning Department City of Temecula Post Office Box 3000 Temecula, CA 92390 Subject: Parcel Hap No. 26135 (Hay, 1990) Dear Mr. Ayala: As requested, we have reviewed the subject project and offer the following comments: The subject project is located within the District's sanitary sewer service area.' Available sewers do not exist in close proximity to the subject project site. It is our understanding the subject project proposes to utilize individually owned septic-tank systems. Please be informed the District's master plan of sanitary sewer facilities indicates that sanitary sewers may be constructed along a Santiago Road alignment. Should you have any questions, regarding these comments, please feel free to contact Dave Crosley or me at (714) 766-1850. Very truly yours, A1 Spencer rector of Planning cc: John Fricker Victor Barreto 91-349 18/M Mail To: Post Office Box 8300 ® SanJacinto, California 92383-1300 ® Telephone (714) 925-7676 ® Fax (7141 929-02s7 FIRE DEPARTMENT GLEN J. NEWMAN FIRE CHIEF DATE: May 28, 1991 TO: PLANNING DEPARTMENT RE: PARCEL MAP N0. 26135 Amended #2 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule H fire protection. An approved standard fire hydrant (6"x4"x2~") shall be located so that no portion of the frontage of any lot is more than 500 feel from a fire hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. The applicant/developer shall provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. ~he 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 City of Temecula, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist LC/tm F'I INDIO OFFICE 79-733 C~untry Club Drive, Suite F, Indlo, CA 92201 (619) 342-88~6 · FAX (619) 775-2072 PLANNING DIVISION FI RIVIiII. SIDE OFFICE 3760 12th S~'~. Riverside, CA 92501 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Luis Stahl Address and Phone Number of Proponent: 30270 Santiaqo Road Temecula, CA 92390 Date of Environmental Assessment: April 12, 1991 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Tentative Parcel Map No. 26135 6. Location of Proposal: Northwest corner of Santiaqo Road and Ormsby 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, 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: PM26135 20 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 A: PM26135 21 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: PM26135 22 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 demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? VeS Maybe No X X X X X X X X X X X A: PM26135 23 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 A: PM26135 24 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 A: PM26135 25 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: PM26135 26 Discussion of the Environmental Evaluation EARTH 1.a. 1.b. 1.C. 1.d,f,g. 1.e. AIR 2.a-c. No. A conceptual grading plan for the project was reviewed by the City Engineer and was found to be designed in accordance with Temecula~s standards and the conditions of approval include mitigation measures in recjards to grading. Therefore, the proposed project will not create an unstable earth condition or change the geologic substructure. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction, and over-covering. Adherence to required City grading and building permits will mitigate potential impacts. Yes. The subject site's existing topography will be changed due to the 1,800 cubic yards of fill that will be imported and the 50 cubic yards of onsite cut in order to develop adequate building pads. However, the grading and recontourlng of the subject site is not substantial and therefore, this impact is not considered significant. No. The proposed project will not create any significant impacts regarding geologic features or conditions. No evidence of faulting was found and indications of mass movement or major landsliding have not been observed or reported on the site, nor will the proposed project expose people to any geologic hazards. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted and the proposed drainage facilities are constructed. The wind erosion impact is considered significant but will be mitigated through the use of watering trucks and erosion control planting of disturbed areas after grading. After the project is completed, water will be channeled to drainage easements and streets. Appropriate drainage control devices will have to be approved by the City Engineer and designed in accordance with Temecula~s standards and the Conditions of Approval. Therefore, this impact is not considered to be significant, due to the fact that appropriate mitigation measures will be implemented with the project. No. The proposed project will not result in any substantial changes in air quality or movement. A: PM26135 27 WATER 3.a,c-i. No. The proposed project will not have a substantial impact on any water courses or supplies and the project lies outside of all 100 year flood zones. Furthermore, the project will be free of ordinary storm flood hazard when improvements have been constructed in accordance with the approved plans. The project will not substantially effect 9round water basins. 3.b. Maybe. The proposed project will slightly increase the impermeable surface area. Thus, possibly allowing for changes in absorption rates, drainage patterns, or the rate and amount of surface runoff on the subject site. However, the amount of runoff water will not be significant and will receive subsequent review. PLANT LIFE 4.a-d. No. The proposed project will not have a substantial impact regardin9 plant llfe. ANIMAL LIFE 5.a-c. No. Presently, the proposed project site is occupied and native animal species have been displaced. Thus, no substantial impacts will be imposed on any animal life. However, the subject site is in an area shown as Stephen's Kangaroo Rat Habitat, thus, the project will be subject to the appropriate mitigation fees to be used toward implementing Riverside County's Habitat Conservation Plan. NOISE 6.a,b. No. The proposed project will not have significant impact on noise nor expose people to severe noise levels. LIGHT AND GLARE No. Only two additional residential homes will be proposed on the subject site. LAND USE No. The proposed project will not result in a substantial alteration of the present or planned land use of the area, NATURAL RESOURCES 9.a,b. No. The proposal will not increase the consumption rate of any natural or non-renewable natural resource. A: PM26135 28 RiSK OF UPSET 10.a,b. No. The proposed project will not promote a risk of explosion or release hazardous substances nor will it interfere with emergency response plan or an emergency evaluation plan due to the fact that only two additional residential units are proposed. POPULATION 11. No. The proposal will not alter the location, distribution, density or growth rate of the human population in the area, only two residential units are proposed. HOUSING 12. No. The proposal will not affect existing housing or create additional demand. Due to the fact that only two additional residential homes are being proposed. TRANSPORTAT ION/CI RCULAT ION 13.a-f. No. Proper transportation facilities are provided for, to the site. PUBLIC SERVICES 14.a-e. Yes. The project adds to the cumulative impacts on City Facilities and Resources. Mitigation will be achieved by payment of appropriate fees. 14.f. Maybe. See 14.a-e. ENERGY 15.a,b. No. The proposal will not result in the use of substantial amounts of fuel or energy or increase demand of existing sources of energy. UTILITIES 16.a-c, e,f. No. No major utility extensions will be required. 16.d. Yes. Septic tanks will be proposed for the project in the future. Septic disposal must be approved by the Riverside County Health Department. Soil percolation test must be completed and shown as adequate prior to recordation. HUMAN HEALTH 17.a,b. No. No health hazards were apparent or hazardous uses proposed on site. A: PM26135 29 AESTHETICS 18. No. The proposal will not result in the obstruction of any scenic view open to the public. RECREATION 19. No. The subject site is not used for recreational purposes or planned as a recreational site. The area is designated as residential on SWAP. CULTURAL RESOURCES 20.a-d. No. The proposal will not result in adverse effects to historic structures, cultural values, or restrict religious or sacred uses in the area. However, if any cultural resources are encountered as a result of grading, a qualified paleontologist or archaeologist will provide the proper mitigation for further development of this site as required in the Conditions of Approval. MANDATORY FINDINGS OF SIGNIFICANCE 21 .a. No. This project will not substantially degrade the quality of the environment or reduce the habitat for a plant or animal species due to the fact that the project is in an existing urbanized area. However, the project is located within an area designated by the Riverside County as habitat for the endangered Stephen~s Kangaroo Rat. The project will be subject to mitigation fees for the Stepbends Kangaroo Rat Habitat Conservation Plan. 21 .b. No. The proposed project will not have the potential to achieve short- term, to the disadvantage of long-term, environmental goals. 21 .c. No. The project does have individually limited impacts, however, if these impacts are cumulatively considered, they do not have a significant impact on the overall environment. 21 .d. No. This project will not cause substantial adverse effects on human beings either directly or indirectly. All regulations and standards will be imposed and maintained on the project so that adverse effects are minimized or eliminated. A: PM26135 30 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 April 12, 1991 Date For CITY OF TEMECULA A: PM26135 31 CITY OF TEMECULA ~ LOCATION 'MAP CASE NO..~,,~'z~/-~5'' P.C. DATE ~:/-~'?/ CITY OF TEMECULA ~ ZONE MAP ) r CASE NO. ~/z~/~ P.C. DATE ~/'-/~-~/ CITY OF TEMECULA ~ SWAP MAP r CASE NO. P.C. DATE /~-/~-~/ / / iTEM t5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Tentative Tract Map No. 25055 Prepared By: Mark Rhoades Recommendation: Staff recommends that the Planning Commission: ADOPT a Negative Declaration for Tentative Tract Map No. 25055; and ADOPT Resolution 91 - approving Tentative Tract Map No. 25055 subject to the attached Conditions of Approval, based on the analysis and findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT iON: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Jack Hamry Markham g Associates Request to construct a 29 unit condominium subdivision on 2.5 acres. North side of Via La Vida, approximately 1,000~ east of Margarita Road. R-2 iMultiple Family Dwellings) North: South: East: West: R-2 iMultiple Family Dwellings) R-2 (Multiple Family Dwellings) R-2 {Multiple Family Dwellings) R-2 (Multiple Family Dwellings) Not requested. Vacant North: South: East: West: Vacant Apartments Single Family Residential Vacant A: TM25055 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: Gross Acres: Net Acres: Proposed Units: Gross Density: Open 5pace: Required Parking: Proposed Parking 2.55 2.05 29 11.3 DU/AC .84 acres 73 spaces 74 spaces Tentative Tract Map No. 25055 was submitted to the County of Riverside on August 24, 1989. The project was transferred to the City of Temecula in May of 1990. The Project was taken to Preliminary Development Review Committee IPre-DRC) on August lu,, 1990 and Final DRC on April 22, 1991. During that time the applicant has made several changes to the proposed project at the direction of Staff. The changes suggested by Staff included the movement of the pool to a centralized project location and the addition of more useable common open space. Increased common open space was attained by deleting one proposed unit, thus decreasing the total number of units to 29. The applicant has also increased the building setback along the east property line to a minimum of 17 feet. Rear yard areas were also increased in the central portion of the project. On May 6, 1991, the Planning Commission reviewed a project {Tentative Tract Map No. 25338) directly adjacent to Tentative Tract Map No. 25055. TTM 25338 proposed a 32 unit condominium complex on 2.56 acres. TTM 25338 was continued by the Planning Commission in order for the applicant to come back with a project at a decreased density of 6-8 units per acre. The proposed project, Tentative Tract Map No. 25055, has a density of approximately 11.3 units per acre. However, the applicant has complied with the direction provided by Staff relative to project revisions. Tentative Tract Map No. 25055 is an application for a 29 unit condominium subdivision. The proposed project is located on the north side of Via La Vida, approximately 1,000 feet east of Margarita Road. A: TM25055 2 Site Desiqn The proposed units are placed on site in irregular groupings of structures. Each unit is 2-story with an attached garage. All of the units are oriented toward the interior drive, which loops through the site. The proposed units are provided with private open space in the form of a fenced rear yard. The proposed project has two main common open space areas. One area contains a pool and cabana facility, which is situated in the center of the site. Another useable common open area is located in the northeast corner of the proposed site. That area will be improved with landscaping. A homeowners association will be established to maintain all common areas. All of the proposed units exceed the setback requirements of Ordinance 3L~8. The units adjacent to the east property line are setback a minimum of 17 feet. The units are set back from the interior drive aisles a minimum of ten feet. The proposed project includes three floor plans which are comparable in square footage to the adjacent single family detached units. Plan A proposes 1,635 square feet, Plan B proposes 1 ,~,92 square feet, and Plan C proposes 1,611 square feet. Architecture The proposed architecture is contemporary in design featuring beige stucco exteriors with brown tile roofing. All fascia and garage doors will be finished in white. Windows will consist of paned glass. Columns are implemented to enhance front entrance areas of each unit. Landscaping Landscaping for the proposed project meets the requirements of Ordinance No. 3L~8. All proposed trees, including street trees will be 15 gallon minimum. The project will be bordered by a six foot high slumpblock wall. The wall elevation adjacent to the public right-of-way will contain two foot square slumpblock pilasters every 20 feet on center. A: TM25055 3 GENERAL PLAN AND SWAP CONSISTENCY: Parkinq/Circulation The project proposes to 9aln access from Via La Vida. A 20, foot wide drive aisle loops through the project for adequate vehicular and emergency access. Each residential unit is provided with an attached two-car garage. In addition, there are 16 spaces within the project to fulfill the parking requirements of Ordinance :30,8. Land Use The project site is bordered on the northeast, south and west by existin9 R-2 zonln9. To the east of the project site is an existin9 R-2 single family subdivision. To the south is a high density apartment complex. West of the site there is vacant land. To the north of the project site is a vacant lot ITTM 25338). Zoninq The proposed project is zoned R-2 (Multiple-Family Dwellings). Multiple family dwellings are permitted provided the proposed project conforms with Planned Residential Development Standards. The project as proposed conforms with the development standards contained in the R-2 zone, and PRD requirements. The existing SWAP designation for the proposed site is Residential, 2-0, dwelling units per acre. Tentative Tract Map No. 25055 proposes 11.3 DU/AC. Although it was Staff's opinion that this designation was a County mapping error, the Planning Commission determined that an appropriate density for the area adjacent would be 6-8 dwelling units per acre. That determination was made on May 6, 1991. However, Tentative Tract Map No. 25055 is bordered on the south by an existing high density apartment complex. This adjacent high density makes the proposed density of Tentative Tract Map No. 25055 appropriate as a buffer development. In addition, Staff finds it probable that this project will be consistent with the City's future General Plan. A: TM25055 4 ENVIRONMENTAL DETERMINATION: FINDINGS: An initial study was prepared for the project which identified possible impacts to earth disruption, drainage, and public services. A clearance letter will be required from the County Flood Control Department and the site grading and drainage plan has been deemed acceptable by the City Engineering Department. Appropriate fees will be paid to mitigate public service impacts. A Negative Declaration is recommended for adoption. 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 amenitles 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 R-2 zoning designation of Ordinance 3~8. 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. A: TM25055 ~ 5 10. 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. Tentative Tract Map No. 25055 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. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study 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 access points from Via La Vida which have 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. A: TM25055 6 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 a Negative Declaration for Tentative Tract Map No. 25055; and ADOPT Resolution 91 - approving Tentative Tract Map No. 25055 subject to the attached Conditions of Approval, based on the findings contained in the Staff Report. MR:ks Attachments: 2. 3. 4. Resolution 91- Conditions of Approval Exhibits Public Correspondence A: TM25055 7 ATTACHMENT RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 25055 TO SUBDIVIDE A 2.55 ACRE PARCEL INTO A 29 UNIT CONDOMINIUM DEVELOPMENT KNOWN AS ASSESSOR'S PARCEL NO. 921-330-009, 010. WHEREAS, Jack Hamry filed Tentative Tract Map No. 25055 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract Map on June 17, 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 approval of said Tentative Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin,qs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty ~30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the followin9 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: TM25055 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. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The 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. J2) 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 Tentative Tract Map No. 25055 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: TM25055 9 ~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. 0,60, 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 subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. A: TM25055 10 (2) The Planning Commission in approving theproposed Tract Map makes the following findings, to wit: a) 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. b) 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. c) 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 R-2 zoning designation of Ordinance 3~,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 density, due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the projectts public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. e) 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: TM25055 11 f) g) h) i) j) k) Tentative Tract Map No. 25055 is compatible with surroundin9 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. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study 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 access points from Via La Vida which have 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 that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. A: TM25055 12 E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SEC'I'ION 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 Tentative Tract Map No. 25055 for the subdivision of a 2.55 acre parcel into 29 condominium units located on the north side of Via La Vida, 1,000 feet east of Margarita Road and known as Assessor's Parcel No. 921-330-009, 010 subject to the following conditions: A. Attachment 2, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: TM25055 13 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No: 25055 Project Description: Application for 30 unit condora/n/urn subdivision of 2.55 acres Assessor's Parcel No.: 921-330-009, 010 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~,60, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This condltionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance ~60. Any delinquent property taxes shall be paid prior to recordatlon of the final map. Legal access as required by Ordinance ~60 shall be provided from the tract map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A Homeowners Association shall be established for maintenance of Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Homeowners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: a. Be limited to a maximum slope ratio of 2 to 1. b. Be contour-graded to blend with existing natural contours. A: TM25055 1 ~ 10. 11. 12. 13. 15. 16. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of building permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Departmentis transmittal dated April 9, 1990, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District~s letter dated April 2u~, 1990, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance u,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 in the County Fire Departmentis letter dated May 28, 1991, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Building and Safety Department: Land Use Sectionis transmittal dated April 30, 1990, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Building and Safety Department: Grading Sectlonls transmittal dated April 30, 1990, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated September 25, 1989, a copy of which is attached. 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-2 zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. A: TM25055 15 17. 18. 19. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet {ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. Prior to the issuance of GRADING PERMIT5 the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six {6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betruing, ground cover, shrubs and specimen trees. Wall plans shall be submitted for the project perimeter and along Via La Vida. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-d- way. A: TM25055 h. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 20. 21. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentat/on during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. A separate drip line system shall be installed for the irrigation of all trees and large shrub plantings located on site. A separate drip llne system shall be installed for the irrigation of all trees and large shrub plantings located on site. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of grading permits, the applicant shall obtain a letter of clearance from the Riverside County Engineering Geologist. A: TM25055 17 22. Prior to the issuance of grading permits, the applicant shall submit letters of clearance from the United States Army Corps of Engineers and the State of California Department of Fish and Came relative to improvements impacting portions of blueline stream on the project site. Prior to the issuance of BUILDINC PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential Iot/unlt within the project boundary until the developer's successor's- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to ~5 Ldn. All building plans for all new structures shall incorporate, all required elements from the subdivision~s approved fire protection plan as approved by the County Fire Marshal. Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant ( Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. All front yards shall be provided with landscaping and automatic irrigation, separate drip line systems shall be installed for all trees and large shrubs. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. A: TM25055 18 25. 26° 27. 28. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of an occupancy permit, the applicant shall enter into an agreement for the refuse service to include the utilization of a small pick-up truck equipped with a llft mechanism in order to move the containers out and back into the project; thus, prohibiting the entering of large refuse trucks into the project. Said agreement shall be submitted to the Planning Director for approval. 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. Prior to recordation of a final map, 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. 0,60. The agreement shall be approved by the City Council. 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 Tract Map No. 25055, which action is brought within the time period provided for in California Government Code Section 660,99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. if the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 660,62 at such time as the City acquires the property interests required for the improvements. Such agreement shall providefor 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 A: TM25055 19 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. 29. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 30. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CC~,R~s) shall be reviewed and approved by the Planning Department prior to final approval of the tract map. The CC~,R~s shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 32. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner~s group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC~,R~s which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC~;R~s shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC~,R's. 35. CCF, R~s shall prohibit parking in front of garages. A: TM25055 20 36. 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 .o,(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 .qlc). 37. Prior to issuance of occupancy permits, all garage doors shall be required to have automatic openers. Enqineerlnq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning 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. 38. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~,60. PRIOR TO RECORDATION OF THE FINAL MAP: 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. A: TM25055 21 u,2. u,3. u,u,. 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. Handicap access ramps shall be provided at curb returns of entry access points. Five (5) foot wide PCC sidewalk shall be constructed on one side minimum of all private interior streets. Via La Vida shall be improved with 22 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 103, Section A {66~/u,u,~). Dedicate a 29 foot easement for public utilities and emergency vehicles access for all private streets and drives. Easement shall include 5 foot sidewalk along all private streets. 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. A declaration of Covenants, Conditions and Restrictions (CCF, R~s) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CCF, R~s shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CCF, R~s shall be reviewed and approved by the City and recorded. The CCF, R's shall be subject to the following conditions: a. The CCF, R~s shall be prepared at the developer~s sole cost and expense. The CCgR'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 CCBR~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 CCBR*s shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. A: TM25055 22 50. The CCF, R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CCF, R's shall provide that if the property is not maintained in the condition required by the CCSR~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, RIs or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 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 prod of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. iii. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads. drives or parking areas shall be provided by CCF, RIs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 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. A Notice of Intention to form and/or join the Landscape and Lighting District shall be filed with the City Council. The engineering costs involved in District information shall be borne by the developer. 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 Istreet and parks). A: TM25055 23 51. 52. 53. 5~. 55. 56. 57. 58. 59. 60. 61. 62. 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. The minimum centerllne radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 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 centerline street grade shall be 0.50 percent. 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 L~00 and LI01 {curb sidewalk). The subdivider shall submit two (2) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Buildin9 Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2u," x 36" mylar by a Registered Civil Engineer. 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: TM25055 24 63. 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-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 65. 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. 460 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. 66. 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. 67. 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: 68. 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. 69. Prior to any work being pe~ormed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the City Engineer~s Office. 70. 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. 71. 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: 72. 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. A: TM25055 25 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. 75. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 76. Asphaltlc emulsion {fog seal) shall be applied not less than 10, days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9u, of the State Standard Specifications. 77. 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: 78. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Via La Vida and shall be included in the street improvement plans. A: TM25055 26 DRC ITEM NO. ~ TRACT/PARCEL MAP NO. '~,a~'O.a(~ CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT QUIMBY ORDINANCE ~.'11'~:; amount or laud to be dedicated, or fees paid, shall be based on the residential density of the subdivision. ' residential deJ~sity 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 reqtfired for each 1,000 persons (i.e., .005). Credits given for proposed parks will be trader the discretion of tile Temecula Community Services District (TCSD) Director. Wilenever tile 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 value 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. U'~Less than 5 Parcels Subdivisions contaiaing less than five lSI parcels wtTI be subject to the foliowing condi~ons: Upon the request of a but7ding permit for cons~ruc~on of residehEal structures on one or more of the parcels within four years following approval of a tenta~ve map, parcel map, or planned devdopmenC teal estate devdopmonC stock cooperafire. ~.ommunity apa, b,ent project and condominium for which a tentative map or parcel map is flied, 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 parcel(s) as a condition to the issuance of such permit as authorized by Riverside County Ordinance No. 460 as amended through Ordinance No. 460.93. TIle following chart has been prepared to assist staff in calculating requirements of the existing Quimby Ordinance: Persons Per Type Dwelling Unit Acres Required* Dwellings ["} l(ea) [] 1 (ea) ['] 1 (ca) ~ 2(ea) ~ 3 or 4(ea) ~ 5 or More Single Family (Detached Garage) Single Family (Attached Garage) Mobile houm Dwellings Units Per Structure Dwelling Uuits Per Structure Dwelllug Units Per Structure * PIt~s 20% for off site improvemeuts. Gary L. Kiug, Park Development Coordiuator (TCSD) 2.98 .01490 2.59 .01295 2.64 .01360 2.48 .01320 2.34 //,11, 1¢ .012401~) .l~'(.f' tw4t~ 2.72 h~ la,,,X .01170~ .ZI06 ~ Date: · 3q.. o f September 25, 1989 ,; ,,~ . Board of Directors: James A. Darby President Jeffrey L. Minklet St. Vice President Ralph Daily Doug Kulberg Jon A. Lundin T. C. Rowe Richard D. Steffey John F. Hennigar General Manager Phillip L Forbes Director of Finance- Thomas R. McAliester Director of Operations & Maintenance Edward P. Lemons Director of Engineering Linda M, Fregoso District Secretary McCormick & Kidman Legal Counsel Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Tract 25055 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 you have any questions, please contact Senga Doherty at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon Engineering Manager F012/dpm269f cc: Senga Doherty J RAN C H O C A L I F O R N IA WA TE R D I S TRI C T 28061 DIAZ ROAD · POST OFFICE BOX 174 ° TEMECULA, CA 92390-0174 · (714) 676-4101 ° FAX (714) 676-0615 FIRE DEPARTMENT 210 WEST SAN JACINTO AVENUE · PERI~IS, CALIFORNIA 92370 (714) 657-3183 GLEN J. NEWMAN FIRE CHIEF May 28, 1991 TO: CITY OF TEMECULA ATTN: PLANNING RE: TRACT 25055 Amended #5 With respect to the conditions of approval regarding the above referenced tract, the Fire Department requests an amended map with the following changes prior to issuance of letter of conditions: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. Provide or show there exists a water system capable of delivering 2000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"2~x2~), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 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: "I 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 1500 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 building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. I'l INDIO OFFICE 79-733 Country Club Drive, Suite F, [ndio, CA 9220t (619) 342-8886 · FAX (619) 775-2072 PLANNING DIVISION FI RIVERSIDE OFFICE 3760 12th Sm~, Riverside, CA 92501 (714) 2754777 · FAX (714) 369-7451 f'l TEMECULA OFFICE 41002 County Center Drive, Suite 225, Teme~ula, CA 92390 ~714) 694-5070 · FAX (714) 694-5076 ~ pKnted on recycled paper TRACT 25055 Amended #5 PAGE 2 Install a supervised waterfow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. 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. Certain designated areas will be required to be maintained as fire lanes. Install portable fire extinguishers with a minimum rating of 2A-iOBC. Contact a certified extinguisher company for proper placement of equipment. 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. 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 $400.00 per unit 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. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist LC/tm FO: PLAN.NING [)ATE: FiE: I'R 25(155 AMENDMENT APN: 921-330-009 , 010 COUNTY OF RIVERSIDE BUELD[NG AND SAFELY DEPART-~IENT GRA[)[NG SECTION / LAURXE DOBSON ['he "Grading Section" has reviewed a conceptual ~rading plan for this siLe. The plan is acceptable. Consequently, the "Grading Section" recommerlds approval of this pr'o.ject if the following conditions are included. Prior Lo commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the B{lildLng and Safety Department. All grading shall conform to the Uniform Building Code as and Ordinance 457. Prior to issuance of any building obtain a grading permit and approval Safety Department. permit, the property o~ner shall to construct from the Building and Plant and irrigate fill slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per count ordinance 457, see form 284-47. Landscape plans are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457, see form 284-47. Grading in excess of 199 cubic yards will require performance security 22 be posted with the Building and Safety department. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the Building and Safety Department - this may require a written clearance from the Planning Department. All drainage facilities shall be designed to accommodate 100 year storm flows. The proposed retaining walls, shown on the conceptual grading plan, will require separate permits and shall be designed by a registered civil engineer unless they conform to the County Standard Retaining Wall designs shown on Building and Safety Department forms 284-197. Observe slope setbacks per Section 2907, Figure 29-1, Section 7011, and Figure 70-1 of the Uniform Building Code. NOTE: For the final grading plan, please provide the applicable information COUNTY OF RIVERSIDE DEPARTMENT OF HEALTH 4065 COUNTY CIRCLE DR. RIVERSIDE, CA. 92503 (Mailing Address - P.O. Box 7600 92513-7, ' ' RIVERSIDE COUNTY PLANNING DEPT. 4080 Lemon Street Riverside. CA 92502 ATTN: LaurZe Dobson RE: Tract Map 25055: Beina Parcels 3 and 4 of F'arcei MaD 13271. PM Book 67. Paae 80, Riverside County Records Pot. Temecula Rancho. lots) Dear Gentlemen: The Deoartment of Public Health has reviewed Tract MaD No. 25055, and recommends that: A water system shall be installed accordinQ to plans and specification as aDDroved by the water company and the Health Department. Permanent Drlnts of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, alona with the orlQinal drawing to the County Surveyor. The prints shall show the internal Dlpe diameter, location of valves and fire hydrants; D1pe and loznt specifications, and the size of the main at the Junction of the new system to the existinc system. The plans shall comply In all respects wlth Ply. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and General Order No. 103 of the Publlc Utilities Commission of the State of California, when applicable. The plans shall be siqned by a reaistered enQlneer and water company with the following certification: "I certify that the deslqn of the water system in Tract MaD 25055 is in accordance with the water system expansion plans of the Rancho California Water District and that the water service, storaqe and distribution system will be adequate to provlde water service to such tract. CINORA ROWELL, B.SN. M.SA. JM. FANNING, RE+H.S, M,p,A, H,C. HOLK. D.V.M, M.P H ER COYNE, MS, RIverside County Plannlno Dept. Paoe Two ATTN: Laurie Dobson ADFxl 6, 1990 This certification does not constitute a cuarantee that it will suDplv water to such tract map at any sDec~flc quantities, flows or Dressures for fire Drotectlon or any other DurDose". This certification shall be signed by a responsible official of the water comDanv. Th~p.la~._m~...~b~!~.~gth~.~ Thxs subdivision has a statement from Rancho California Water D~strlct a~ree~n~ to serve domestic water to each and every lot in the subdivision on demand Drovldlng satisfactory fxnanc~al arrangements are completed w~th the subdivxder. It will be necessary for financial arrangements to be made Dr~or to the recordatlon of the final maD. This subdivision is within the Rancho California Water D~strlct and shall be connected to the sewers of the DIstrict. The sewer system shall be installed accordlno to Plans and sDeclfications as approved by the District, the County Surveyor and the Health DeDartment. Permanent prints of the Plans of the sewer system shall be submltted in triplicate, alon~ with the original drawing, to the County Surveyor. The prints shall show the internal D1De diameter. location of manholes. comDlete proflies, D1De and ]oxnt sDec~fxcatlons and the size of the sewers at the ,]unction of the new system to the exlst~n~ system. A single Dlat indicating location of sewer lines and water lines shall be a Dortlon of the sewage plans and Drof%les. The plans shall be s%gned bY a registered engineer and the sewer district wxth the followin~ certification: "I certxfv that the design of the sewer system in Tract MaD 25055 is In accordance with the sewer system exDans%on plans of the Rancho Callfornxa Water Dlstr~ct and that the waste disposal system is adequate at thls time to treat the anticipated wastes from the proposed tract maD." Riverside County Planning Dept. Page Three ATTN: Laurie Dobson ADFll ~, 1990 It will be necessary for financial arranqements to be completely finalized Drior to Fecordatlon of the final maD. Sincere v, ~Sam Martinez, R.ETH.S. IV Environmental Health Servlces SM:wdl Administrative Office · 1777 Atlanta Avenue Riverside, CA 92507 April 30, 1990 Riverside County Planning Department Attention: Lauri Dobson County Administrative Center 4080 Lemon Street Riverside, CA 92501 0 2 1990 RiVERSiDE COUNTY PLANNING DEPARTMENT RE: Tract 25055, Amended Map No. 4 Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety has the following comments and conditions: The developer shall obtain Planning Department approval for all on-site and off-site signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. If approve.d elevations are required from the Planning Department the approved plans must be submitted to the Land Use Division concurrently with submittal of structural plans for review. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Prior to acceptance of structural plans for Building and Safety review, one complete set of approved conditions from Planning Department must be attached. Performance Securities Bond for maintenance of landscaping may be required. Consult your Conditions of Approval. Prior to the issuance of building permits, written clearance is required from the following: ° Temecula Unified School District (714) 682-8840 · (714) 275-1820 · Fax (714) 369-4084 Planning Department Tract 25055 April 30, 1990 Page 2 Swimming pool to be fenced according to requirements specified in Ordinance 421.1. Health Department clearance required on pool plans. Sincerely, ~/~/:c~ '~-~ Vaughn'~Sarkisian Land Use Technician VS:sml KENNETH L EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DiSTRiCT R~VI~RSIDE. CALIFORNIA 92502 April 24, 1990 1995 MARKET STREET P.O. BOX 1033 TELEPHONE (714) 787'2015 FAX NO, (714) 788-9965 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 1 Laurie Dobson Ladies and Gentlemen: Re: Tract 25055 Amended No. 4 This is a proposal to construct condominiums on 2.55 acres in the Rancho California area. The site is located on the north side of Via La Vida about 1000 feet east of Margarita Road. Major offsite storm runoff is tributary to the site via a 72" storm drain from the development to the east. The developer proposes to extend this storm drain through the site outletting offsite to the west. Additionally, a small amount of local runoff is tributary to the site along Via La Vida, this is pro- posed to be collected and conveyed via a 36" storm drain to the 72" storm drain. 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 Transportation 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 Riverside County Planning Department Re: Tract 25055 Amended No. 4 -2- April 24, 1990 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. 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. Evidence of a viable maintenance mechanism should be sub- mitted to the District and County for review and approval prior to recordation of the final map. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. 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. Offsite drainage facilities should be located within ded- icated drainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to the District prior to recordation of the final map. Riverside County Planning Department Re: Tract 25055 Amended No. 4 -3- April 24, 1990 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 free of buildings and obstructions" 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 Transportation Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. Questions concerning this matter may be referred to Kris Flanigan of this office at 714/787-2333. c: To-Mac Engineering OHN H. KASHUBA rCivil Engineer KF:mcy CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II. Backqround 1. Name of Proponent: Jack Hamry Address and Phone Number of Proponent: 25381-G Alicia Parkway, Suite 192 Laquna Hills, CA 92653 (714) 770-6092 Date of Environmental Assessment: March 4, 1991 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Rancho Bahamas Tentative Trace Map No. 25055 6. Location of Proposal: North side of Via La Vida, east of Marqarlta Road Environmental Impacts ( Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X X Substantial change in topography or ground surface relief features? 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: TM25055 27 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 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 A: TM25055 28 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: TM25055 29 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 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? X X X Substantial depletion of any non- renewable natural resource? X 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 demand for additional housing? Transportation/Circulation. Will the proposal result in: X X X X Generation of substantial additional vehicular movement? X A: TM25055 30 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, tall or air traffic? X f. Increase in traffic hazards to motor vehicles, b/cyclists 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: TM25055 31 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: TM25055 32 Yes Maybe No 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? IA 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: TM25055 33 Discussion of the Environmental Evaluation Earth 1.a. 1.b. 1.C. 1.d. 1.e. 1.f. 1.g. A~r 2.b. No. Although the proposed project will result in cut and fill slopes there will not be changes in the base geologic substructures. The slopes shall be manufactured and compacted per the engineer's requirements and as a result, should not result in unstable earth conditions. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction and over-covering. However, a grading plan was completed which renders the level of impact to a level of non-significance. Yes. There will be a change to existing topography in the form of streambed alteration. However the site has been plowed and used as a dirt dump within recent years, so the relatively minor changes to existing topography do not represent a significant impact. Maybe. However, a Condition of Approval has been included which requires consultation with a licensed paleontologist who will mitigate any identified impacts. Yes. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The erosion impact will be mitigated through minimal grading, retention of natural vegetation whenever feasible, use of watering trucks and hydro-seeding disturbed areas after grading. No. There is no body of water near the project site which could be affected by the proposed project. No. The project is not located within an identified fault hazard or liquefaction zone. A clearance letter will be required from the Riverside County Geologist which will verify the absence of unforeseen impacts. Maybe. Depending upon the amount of traffic generated by the project, an increase in carbon monoxide and particulate emissions will occur. This impact is not considered significant since the air emissions from this project is only an incremental impact to the area's air quality. Maybe. Objectionable odors could be created during construction activities. This impact is not significant because of the temporary nature of construction activity. A: TM25055 34 Water 3.a,d-e. 3.b. 3.c. 3.f. 3.9. 3.h. 3.i. Plant Life 4.a-d. No. The proposed project will not alter air movement or climate. No. The proposed project will not affect any body of water. The closest body of water to the site is Murrieta Creek which is approximately one-half mile away. Yes. The proposed project will affect existing drainage and runoff patterns. However, a drainage and grading plan has been accepted which mitigates potential impacts to a level of non-significance. Maybe. The proposed project contains a portion of a U.S.G.S. blue line stream. Prior to the issuance of any grading permits, the applicant shall obtain a letter of clearance from the Army Corps of Engineers and the State Fish and Game relative to the channellzatlon of the existing stream. Because of previous disturbance to this stream due to adjacent projects, the impact is not considered significant. No. The proposed project will not interfere with the direction or rate of flow of ground waters. No. The proposed project will increase the amount of impermeable surfaces on the site which will reduce the amount of water absorption. However, the introduction of irrigation to the site will offset the water absorption rate and mitigate any impact. No. The proposed project will not affect the public water supply or system. Yes. The proposed project is within the Murrieta CreeklTemecula Valley Area Drainage Plan and watershed area. To help mitigate the project~s impact, a flood mitigation charge shall be paid. 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 landscape requirements for the project. The addition of the new species is not considered a negative impact. The site is not currently used for agricultural purposes. A: TM25055 35 Animal Life Maybe. The proposed project is in an area that has been experiencing urbanization for a number of years. It is anticipated that the only animal life on or in the vicinity of the site includes squirrels, rabbits, lizards, and other animals common to the area. It is highly unlikely that an endangered species habitares the site. However, the proposed project is within the Riverside County Stephen's Kangaroo Rat Habitat Conservation Plan Fee Area and will be required to comply with Ordinance 653. Noise 6.8. Yes. On-site noise levels will increase temporarily during construction. Long-term noise impacts will occur due to increased traffic volumes. This impact is not considered to be significant since the surrounding land uses are not noise sensitive. 6.b. Maybe. Adjacent residents may be exposed to severe noise as a result of construction related activity. However, the noise would be temporary and not considered a significant impact. Liqht and Glare Maybe. The proposed project is located within the Mr. Palomar Observatory Street Lighting Policy Area which recommends the use of low pressure sodium vapor { LPSV) lights to help avoid interference, known as "Skyglow", with the Mr. Palomar telescope. The use of LPSV lights will reduce the light and glare produced by the proposed project. Land Use No. Since the project is proposed in an area that currently contains high density residential development, the addition of the proposed development will not be a substantial alteration to future uses. Natural Resources 9.a-b. No. The proposed use will not increase the consumption rate of any natural or non-renewable natural resource. Risk of Upset 10.a. No. Hazardous substances will not be used or stored on site. 10.b. No. During construction, it should not be necessary to close any streets which would interfere with emergency vehicles. If street or land closure is necessary, it shall be coordinated with the City Engineer and Police Department. A: TM25055 36 Population 11. Yes, The proposal will create new housin9 which will increase the density and population of the area. But the project is consistent with area development and is not considered a significant impact. Housing 12. No. The proposed project will not create a demand for additional housing. Transportation/Circulation 13.a,c. Maybe. The proposed project will generate additional traffic to and from the site. However, it is not anticipated that this increase will be significant. The traffic that is generated by the project may add an incremental impact to the Solana Way/Ynez Road intersection which is currently operating near capacity during peak hours. This potential impact will be mitigated by a transportation improvement mitigation fee. 13.b. Yes. The proposed project will require parking to support the residential uses. The proposed plan illustrates spaces and garages. 13.d. Maybe. The proposed project will improve a portion of Via La Vida Road which loops around and connects to Margarita Road. However, the Engineering Department has included Conditions of Approval with traffic mitigation measures, which make the impact non-significant. 13.e. No. The proposed project will not affect waterborne, rail or air traffic. 13.f. Yes. Any increase in traffic will increase the potential hazards to motor vehicles, bicycllsts, or pedestrians. However, design standards and conditions of approval have been incorporated into the project which provide safety and circulation standards making the potential for impact non-significant. Public Services lu,.a-e. Yes. The proposed residential use will require public services in the areas of police, fire, schools, maintenance of roads, and public facilities and parks. This impact is not considered significant. The incremental impact will be evaluated and the appropriate fees assessed for mitigation. 14.f. No. The project should not have a substantial effect on other public services. A: TM25055 37 Ener.qy 15.a,b. Utilities 16.a-f. No. The proposed project will not result in the substantial use or increase in demand of fuel or energy. No. The proposed project requires the use of utilities but will not require substantial alteration to the exiting systems. Human Health 17.a,b. No. The proposed project does not present a potential health hazard, nor will people be exposed to potential health hazards. Aesthetics 18. No. The proposed project will not obstruct any scenic vista open to the public. The elevations of the proposed project are consistent in architectural materials as the surrounding buildings. Recreation 19. Maybe. The proposed project is a residential development and will have an incremental impact on the City's currently over-capacitated recreational opportunities. However, the relative size of this project will not create a significant impact with the open space included within the project, and the compliance of the project to the City adopted Quimby Ordinance. Cultural Resources 20.a-d. No. The subject site has previously been mass graded and used as a dump site, and it is unlikely that the project will result in the destruction of a prehistoric or historic archaeological site. If a site is discovered, an archaeologist or paleontologist should be called on site to supervise the digging and determine if the site is significant. The proposed project will not impact any building of historic significance, affect unique ethnic cultural values or restrict sacred uses. Mandatory Findinqs of Siqnlficance 21 .a-d. No. The proposed project will not significantly affect the natural environment, have long term environmental impacts or have considerable cumulative impacts. A: TM25055 38 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 NECATIVE 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 Date For CITY OF TEMECULA A: TM25055 39 CITY OF TEMECULA ) , / VICINITY MAP r ~ CITY OF TEMECULA ) / / ~ / ~" 112 A( \ SWAP MAP CASE NO. TI,~."2~.Z~55 P.C. DATE(O-~,--~I ', CITY OF TEMECULA ) A-2-20 ~z 6~o '~ R-2 cz4689 ~CZ CZ 4689 P CZ 4~86 CZ 410Z / R ' '~0,000 C2 CZ 2757 ZONE MAP CITY OF TEMECULA ) r ~ CITY OF TEMECULA ~ SITE PLAN TENTATIVE TR,aCT 25055 CASE P.c. RAY AND JILL BRASGA 29743 CALLE PALMAS TEMECULA, CA 92390 MAY 21, 1991 cc: Planning MAY 22. MR. DIXON CITY MANAGER 43172 BUSINESS PAR~il DR. TEMECULA, CA 92390 DEAR MR. DIXON: THIS LETTER IS !N RESPONSE TO THE PROPOSED 29 UNIT CONDOMINIUM PROJECT LOCATED ON THE NORTHSIDE OF VIA LA VIDA, EAST OF MARGARITA ROAD (TENTATIVE TRACT NO. 25055). MY WIFE AND I ARE IN STRONG OPF'OSITIQN TO THE 29 UNIT CONDO PROJECT FOR: THE FOLLOWING REASONS: A) ENVIRONMENTAL DESTRUCTION OF NATURAL HABITAT FOR THE MANY WILD ANIMALS THAT LIVE IN THE AREA, SUCH AS NAWKS, OPOSSUM, SKUNKS, RABBITS AND SQUIRRELS. B) INCREASED TRAFFIC iN OUR RESIDENTIAL NEIGHBORHOOD WHICH WOULD ENDANGER OUR SMALL CHILDREN. C) POSSIBLE ABSENTEE OWNERSHIP, WITH NO MANAGEMENT TO ENFORCE CC&Rs. WE BELIEVE THAT THE PROJECT IS NOT IN THE BEST INTERESTS OF THE COMMUNITY AND NEIGHBORHOOD OVERALL. SINCERELY ' 3TEM ~6 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Tentative Parcel Map No. 2~,785 Prepared By: Mark Rhoades Recommendation: Staff recommends that the Planning Commission: ADOPT Resolution 91- approving Tentative Parcel Map No. 2~,785 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: SURROUNDING LAND USES: Steven Lee Benesh Engineering A request to subdivide a 5.0 acre parcel into two parcels. Northwest corner of Kimberly Lane and Liefer Road, RoR-2 1/2 (Rural Residential, 2 1/2 Acre Lot Size Minimum) North: R-R-2 1/2 South: R-R-2 1/2 East: R-R-2 1/2 West: R-R-2 1/2 Not requested. Single Family North: South: East: West: Single Family Residential Single Family Residential Vacant Single Family Residential A: PM24785 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Existing Parcel Size: No. of Proposed Parcels: Proposed Parcel Size: 5.0 acres 2 2.5 acre gross Tentative Parcel Map No. 20,785 was submitted to the County of Riverside on May 15, 1989. The project was transferred to the City of Temecula Planning Department on April 20,, 1990. After Staff received requested information, a Preliminary Development Review Committee {Pre-DRC) meeting was held on September 13, 1990. Information was again requested, and received in time to be scheduled for Final DRC on March 11, 1991. The proposed Tentative Parcel Map is an application to subdivide a 5.0 acre parcel into two 2.5 acre (gross) parcels. The project is located at the northwest corner of Kimberly Lane and Lielet Road. Both streets are currently unimproved. Proposed Parcel No. 2 currently has a house, barn, and chicken coop on site. No improvements exist on proposed Parcel No. 1. Zoninq The proposed project is zoned R-R-2 1/2 (Rural Residential, 2 1/2 Acre Lot Size Minimum). The proposed gross lot sizes are in conformance with the R-R-2 1/2 zoning designation. The project is currently surrounded by R-R-2 1/2 zoning. The SWAP designation for the proposed Tentative Parcel Map is 1 to 2 dwelling units per acre. The density. The proposed project is less than the density allowed by SWAP. The proposed density is .0, dwelling units per acre. The proposed project is a Class 15 categorical exemption per the California Environmental Quality Act. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the lots conform to the standards of the R-R-2 1/2 zone and the project has a density less than that established by SWAP. A: PM20,785 2 There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed Parcel Map is ultimately inconsistent with the plan due to the size of the parcels and current surrounding development. The proposed use complies with State planning and zoning laws. The project conforms to the current zoning for the site and to Ordinance No. ~,60, Schedule H, map improvements and standards. That the site of the proposed land division is physically suitable for the type of development due to the fact that the proposal is for the creation of 2 lots with the minimum lot size being 2.5 acres. The size of the lots are appropriate for future development per the current zoning designations. The design of the subdivision is consistent with the State map Act in regard to future passive energy control opportunities. Potential residential units will have exposure which allows for proper solar accessibility. 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. The project will have a minimal impact and is therefore categorically exempt under CEQA guidelines. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. The project does not conflict with any known easements of record. The lawful conditions stated in the project~s Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. A: PM24785 3 10. That said findings are supported by minutes, maps and exhibits associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Staff recommends that the Plannincj Commission: ADOPT Resolution 91- approvincJ Tentative Parcel Map No. 24785 based on the Findings contained in the Staff Report and subject to the attached Conditions of Approval. MR:ks Attachments: Resolution Conditions of Approval Exhibits A: PM24785 4 ATTACHMENT 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 24785 TO SUBDIVIDE A 5 ACRE PARCEL INTO TWO PARCELS AT THE NORTHWEST CORNER OF KIMBERLY LANE AND LIEFER ROAD. WHEREAS, Steven Lee filed Parcel Map No. 24785 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 June 17, 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 approval of said Parcel Map; 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: A: PM2~785 5 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 and meets the requirements set forth in Section 65360 of the Government Code, to wit: ll ) 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. 2u,785 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: PM2u,785 6 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 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. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. {2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: A: PM24785 7 a) b) c) d) e) f) g) h) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the lots conform to the standards of the R-R-2 1/2 zone and the project has a density less than that established by SWAP. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed Parcel Map is ultimately inconsistent with the plan due to the size of the parcels and current surrounding development. The proposed use complies with State planning and zoning laws. The project conforms to the current zoning for the site and to Ordinance No. ~60, Schedule H, map improvements and standards. That the site of the proposed land division is physically suitable for the type of development due to the fact that the proposal is for the creation of 2 lots with the minimum lot size being 2.5 acres. The size of the lots are appropriate for future development per the current zoning designations. The design of the subdivision is consistent with the State map Act in regard to future passive energy control opportunities. Potential residential units will have exposure which allows for proper solar accessibility. 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. The project will have a minimal impact and is therefore categorically exempt under CEQA guidelines. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. The project does not conflict with any known easements of record. A: PM24785 8 ~) The lawful conditions stated in the project~s Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. j) That said findings are supported by minutes, maps and exhibits 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. Tentative Parcel Map No. 2~,785 is a Class 15 Categorical Exemption from the CEQA Cuidelines. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 24785 for the subdivision of a 5 acre parcel into 2 parcels located at the northwest corner of Kimberly Lane and Lielet Road subject to the following conditions: A. Attachment 2, attached hereto. SECTION q.. PASSED, APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNINC COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: PM24785 9 ATTACHMENT 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No: 2t~785 Project Description: Subdivision of a 5.0 acre parGel into two (2) 2.5 acre parcels Assessorts Parcel No.: 91q-280-020 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance Ll60, 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 Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance ~,60 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. The applicant shall comply with the environmental health recommendations outlined in the County Health Department~s transmittal dated June 7, 1989, a copy of which is attached. A: PM2~,785 10 10. 11. 12. 13. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District~s letter dated June 1~,, 1989, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance ~,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 conditions outlined in the Riverside County Fire Department letter dated March 25, 1991, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated October 30, 1990, a copy of which is attached. 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. 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. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the Environmental Constraints Sheet: This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. Portions of this parcel map lie within an area of potential ground liquefaction. For specific information and recommendations for mitigation consult the liquefaction report on file at the City of Temecula Planning Department, and dated November 8, 1990. A: PM24785 11 15. 16. 17. 18o A natural watercourse traverses Parcels 1 and 2. Said watercourse shall be kept free and clear of all buildings and obstructions. The natural water course shall be shown on the map. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: 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. The paleontological report identifies no resources on the subject site. However, if paleontological resources are encountered during any grading activity a qualified paleontologist shall be notified. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer~s successorJs- 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. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. d. All street side yard setbacks shall be a minimum of ten (10) feet. Applicant shall comply with recommendations set forth in the Riverside County Geologist letter dated February lo,, 1991. 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. A:PM2~785 12 19. 20. 21. 22. 23. 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. 24785, which action is brought within the time period provided for in California Covernment 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. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Prior to recordation of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Prior to recordation of the final map, the applicant shall comply with the condition set forth by the Riverside County Airport Land Use Commission letter dated January L~, 1991. En.qineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Covernment 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. 25. 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. A: PM24785 13 PRIOR TO RECORDATION OF THE FINAL MAP: 26. 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; Parks and Recreation Department. 27. 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. 28. Kimberly Road and Lielet Road shall be designed and improved with 28 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within a dedicated right-d-way as directed by the City Engineer. 29. Liefer Road shall be improved with a minimum of 2/~' of asphalt concrete pavement from Kimberly southeasterly to Nicolas Road. Developer shall waive any right to protest the formation of an assessment district to provide improvements of Nicolas Road. 30. Corner property line cut off shall be required per Riverside County Standard No. 805. 31. 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, and signing, as appropriate. b. Storm drain facilities. c. Domestic water systems. 32. 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: PM24785 14 33. 30,. 35. 36. 37. 38. 39. 0,0. o..1. 0,2. 0,3. All street centerline intersections shall be at 90 degrees or as approved 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 centerline 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 0,00 and 0,01 (curb sidewalk). All driveways shall be located a minimum of two |2) feet from the property line. The subdivider shall submit two 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. The subdivider shall submit two copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. Drainage Engineer. Engineer. calculations shall be submitted to and approved by the City All drainage facilities shall be installed as required by the City 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." 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. 0,60 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Engineering Department. 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. A: PM24785 15 PRIOR TO ISSUANCE OF GRADING PERMITS: 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. 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. 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: 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, and drainage structures on all public streets. Existing city roads requiring construction shall remain open to traffic at all times with adequate traffic control during construction as approved by the City Engineer. 50. Asphaltic emulsion (fog seal) shall be applied not less than lu, days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9~, of the State Standard Specifications. 51. 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. A: PM20,785 16 Department of Buildinq and Safety 52. Request for Street Addressing must be made prior to submittal for Building Plan Review. A: PM2~,785 17 DRC ITEM NO. TRACT/PARCEL MAP NO. '2-7'/7~5 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT QUIMBY ORDINANCE amount of land to be dedicated, or fees paid, shall be based on the residential density of the subdivision. .es.deutia, de.sity sha,, be deter. i.ed by mu,t.p,ying the number of dwe,.i.g uni,s 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 value of any additional land that otherwise would have been required to be dedicated plus 20% for offsite improvements. M 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 Subdivisions containing less than five fSI parcels wEf be subject to the folowleg conditions: Upon the request of a building pennit for consbuct~n of residenb~l sb'uctures on one or more of the parcels within four years following approval of a tentaEve map, parcel map, Or planned development real eatore devdoprnent stock cooperative, community aparbnent project and condom[nium for which a tentatfve map or parcel map is filed, a predetermined Quirnby Act fee in the amount equal to the fair market value of reqdred acreage (Plus 20% for offde irnprovenTentsJ shall be paid by the ownor of each such parcel(s) as a condiXon to the issuance of such pernTit as authotfzed by Rivers[de County Ordinance No. 460 as amended through Ordinance No. 460.93. The tollowing chart has been prepared to assist staff in calculating requirements of the existing Quimby Ordinance: Dwellings ['] 1 (ea) [] 1 (ca) [] 1 (ea) ["] 2(ca) ]"] 3 or 4(ea) ["] 5 or More Persons Per Type Dwelling Unit Acres Required* Single Family (Detached Garage) 2.98 .01490 Single Family (Attached Garage) 2.59 .01295 Mobile home 2.64 .01360 Dwellings Units Per Structure 2.48 .01320 Dwelling Units Per Structure 2.34 .01240 Dwelling Units Per Structure 2.72 .01170 * Plus 20% for offsite improvements. Gary L. King, Park Development Coordinator (TCSD) Date: RIVERSIDE COUNTY FIRE DEPARTMENT __ 210 WEST SAN JACINTO AVENUE · PERRIS, CALIFORNIA 92370 ~ (714) 657-3183 GLEN J. NEWMAN FIRE CHIEF March 25, 1991 TO: CITY OF TEMECULA ATTN: PLANNING DEPT RE: PARCEL MAP 24785 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule H fire protection. An approved standard fire hydrant (6"x4"x2½") 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 duration at 20 PSI. The applicant/developer shall provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. 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 City of Temecula, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By ~r~ Laura Cabral, Fire Safety Specialist I'1 INDIO OFFICE 79-733 Counw/Club Drive, Suitt F, lndio, CA 92201 (619) 342~8~6 * FAX (619) 775-2072 PLANNING DIVISION f'l TEMECULA OFFICE 41002 County C, entet Drive, Suite 225, T~ae~uI', CA 92390 (714) 694-5070 · FAX (714) 694-5076 f'l RIVERSIDE OFFICE 3760 12th Stma, Riwr~ide, CA 92501 ~ printed on recycled~apet (714) 275-4777 · FAX (714) 369-7451 COUNTY OF RIb .XSIDE DEPARTMENT OF HEALS.. . ENVIRONMENTAL HEALTH SERVICES DIVISION LAND USE SECTION 3575 Eleventh Streec Mall Riverside, CA 92501 SOuRCE?R P -r PAKENT P.M. (If Any) ~/~ PARCEL REGIONAL TEAM SCHEDULE -~ OPdD. 460 WAIVER ZQUEST? THE DEPART~<ENT OF HEALTH [LAS REVIEWED THE b~P DESCRIBED ABOVE. IF THERE ARE ANY QUESTIONS CONCERNING THIS TP~qSMITTAL, CONTACT 787-6543. OUR REC01~YENDATIONS ARE AS FOLLOWS: 'Fne Envlfonmenlal Health 8ervk~ DNislon (EHSD) has reviewed the adore Par(:xM M~ c?,d whll~ we are not I~rlvi|~led to recek, e am/prellfT~fmry in form~tfon relative to 6ub~dac9 ~ewa.ge disposal Or Connect. ion tO sewers or domes'jc '~!e: supp!y, It Is our ccnz~dem~ ~pf. ion that the soils that m[.~ht ~e encountered in th:z ai~.~a ..--~ay not b~ conducive to effectt'¢e sutr~Hace .'~,:~',*,~e u-~po~,~al. Some diUicu'.~y may be en- coum'~n)e tn effluent disptmai fro,:, injm~:~ual sewe~]e d~sp~>sal s,}~tem3 anc~ because of eolJ characteristics in the ~rea there may be a PsquiremenI for exb?nsive gradL-ng, compaeUon, cuffing, etc. Prior to recorda~.~on of l.'le final m~p, an a~ceptable soils(.~. feeslNIIty re~ort shall tie sul)mltted for re~iew and approval by the EHSD. FOR .IiE.PUI~ DIRECTOR OF HEALTH DR E~riPaN~ HEALTH 117 /D,~,, (Title) KENNETH L. EDWARDS 1995 MARKIrr STREET CHIEF ENGINEER P, O. BOX TO33 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT June 14, 1989 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 1 Lisa Cooke Ladies and Gentlemen: Re: Parcel Map 24785 This is a proposal to divide 5 acres into 2 lots in the Santa Gertrudis Valley area. The site is located on the northwest corner of Kimberly Lane and Liefer Road. A large watercourse with a verses the central portion outside of the watercourse drainage area of about 70 acres tra- of the site. There is adequate area for building sites. Following are the District's recommendations: This parcel map is located within the limits of the Murrieta Creek/Santa Gertrudis Valley Area Drainage Plan for which drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provi- sions 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: Parcel Map 24785 - 2 - June 14, 1989 The natural watercourse that traverse Parcels 1 and 2 should be delineated and labeled on the environmental constraint sheet. A note should be placed on the en- vironmental constraint sheet stating that the watercourse must be kept free of all buildings and obstructions. A copy of the environmental constraint sheet and the final map should be submitted to the District for review and approval prior to recordation of the final map. Questions concerning this matter may be referred to Kris Flanigan of this office at 714/787-2333· c: Benesh Engineering ~ ry t~i~, ~~~oH. KASHUBA · r Civil Engineer KF:bjp October 30, 1990 Jeffrey L. Minkler Stephen M ~illa Richard D, Steffey John F. Hennig~r Phillip L Forbes Thomas R. McAliester Edward P. Lemons Perry R. Louck Linda M. Fregoso McCormick Kidman & Behrens City of Temecula City Hall 43172 Business Park Drive Temecula, California 92390 SUBJECT: Reference: Gentlemen: Water Availability Parcel Map 24785 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 properly owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Senga Doherty at (714) 676-4101. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Engineering Manager F186/jkt423f cc: Senga Doherty Engr. Files Rancho California Water District J February 14, 1991 Geo Soils, Inc. 24890 Jefferson Avenue P.O. Box 490 Murrieta, CA 92362 RiVERSiDE COUnC,u PL&nnin( DEP&RCfilEI' Attention: John P. Franklin Subject: Liquefaction Hazard W.O. 413-A-RC Tentative Parcel Map 2478~ A.P.N.: 9147-280-020 County Geologic Report No. City of Temecula 776 Gentlemen: We have reviewed your report entitled Evaluation, Tentative Parcel Map 24785, County, CA," dated November 8, 1990. "Preliminary Liquefaction Murrieta Area, Riverside Your report determined that the liquefaction potential at the site is considered to be low. Your report recommended that loose alluvial soils within the ephemsral stream tributary on the site shall be removed and recompacted in areas proposed for settlement sensitive improvements. It is our opinion that the report was prepared in a competent manner and satisfies the additional information requested under the California Environmental Quality Act review and the Riverside County Comprehensive General Plan. Final approval of the report is hrereby given. The recommendations ~ade in your report for faction potential shall be adhered to construction of this project. Very truly yours, ~~ R VERSIDE ?UNTY PLAN IN )E TMENT Xngi~~~ ist 7 CEG-120i SAK:jb cc: Benesh Engineering - Michael Benesh City of Temecula, Planning - Steve Padovan mitigation of lique- in the design and 4080 LEMON STREET, 9TH FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 79733 COUNTRY CLUB DRIVE, SUITE E BERMUDA DUNES, CALIFORNIA 92201 (619) 342-8277,~. ALUC RIVERSIDE COUNTY AlP, PORT LAND USE COMMISSION 3499 Tenth Street Riverside, California 92501 (714) 788-9770 (714) 788-1415 [FAX] January 4, 1991 File No.: FV-90-115 Case: Parcel Map No. 24785 Benesh Engineering 28991 Front Street, Suite 105 Temecula, California 92790 Dear Sir: SUBJECT: RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION On December 20, 1990, the Riverside County Airport Land Use Commission (ALUC) approved the above-referenced project. The project was approved subject to the following conditions: An avigation easement shall be granted by the property owner to the French Valley Airport. Should you have any questions, please contact me at (714) 369-9577. Very truly yours, Marlene Hagman Development Specialist MH:sa FV90115 Cc: Steve Lee City of Temecula / CITY OF TEMECULA ) VICINITY MAP ) CASE NO. CITY OF TEMECULA ) pROPEF :13 .-- / / CITY OF TEMECULA ) S P ZONE CZ 5101 /' II CITY OF TEMECULA ) TENTATIVE PARCEL MAP NO. 24785=ii"' ..' . ~ ~ ~ ..,~~ ~'. ,,., r NO,"~,~ "~ CASE · P.C. DATE ITEM #7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Conditional Use Permit No. 11 Prepared By: Mark Rhoades Recommendation: Staff recommends that the Planning Commission: ADOPT Resolution No. 91 - approving Conditional Use Permit No. 11 based on the analysis and 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: SURROUNDING LAND USES: Robert C. Vecchione/Eduardo J. Lopes Barbara Elias Request for a Conditional Use Permit to allow automotive sales by individual owner at an existing parking lot. 27919 Front Street M-M (Manufacturing - Medium) North: South: East: West: C-P-S (Scenic Highway Commercial ) M-M ( Manufacturing - Medium ) 1-15 Freeway M-M ( Manufacturing - Medium ) Not requested. Office Building North: South: East: West: Retail Center Parking Lot Offices/1-15 Freeway Packing House A:CUP11 I BACKGROUND: PROJECT DESCRIPTION: Within the M-M (Manufacturing- Medium) zone, Section 11.26.f. of Ordinance 348 states that a use may be permitted or conditionally permitted provided that the use is similar in intensity and character as other designations listed in that section. The Planning Director has determined that the proposed use of an automobile sales lot by individual owner is similar in character to permitted uses such as parking lots, truck and trailer sales and rental and mobile home sales. The proposed use was also determined to be similar to conditionally permitted uses such as swap meets. The Planning Director has also determined that this use is appropriate, provided the Planning Commission approves a Conditional Use Permit. The proposed Conditional Use Permit is an application to conduct automotive sales from an existing parking lot. The proposed sales will take place on weekends only, and will be conducted on an individual by owner basis. The proposed parking lot is located at the northwest corner of Front Street and Las Haciendas Street. The proposed site currently supports an office building. The existing office building only has one tenant that operates on weekends and parking for that tenant has been adequately provided for. Of the 116 parking spaces on site, 14 are set aside for the tenant who will remain open on the weekend. Required parking for the open sales area use is 14 spaces. Those spaces will be kept available for "customer" parking. A total of 28 spaces will be set aside for uses other than auto sales. Staff has received a letter from the property owner indicating that with the exception of the one existing weekend use, no future tenants will be permitted to operate on weekends for as long as the proposed use exists. A condition relevant to this matter has been included in the Conditions of Approval. The applicant will not be occupying any space within the existing building, therefore, no signs will be allowed. Temporary signs (i.e., weekend use) are not permitted under Ordinance 3~,8 except for political purposes and real estate sales. A:CUP11 2 GENERAL PLAN, ZONING AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS AND SUPPORTING FACTS: If the Planning Commission approves the proposed Conditional Use Permit, then the ordinance interpretation will be that the use in question will be in conformance with the M-M {Manufacturing - Medium) zoning designation. Surrounding zoning includes M-M and C-P-S ~ Scenic Highway Commercial ). The SWAP designation for the proposed site is Commercial. The proposed use is commercial and would therefore be consistent with SWAP. The proposed Conditional Use Permit is a Class 1 Categorical Exemption per the CEQA Guidelines. The site of the proposed use together with the on-site parking required and provided is suitable in size to accommodate the proposed intensity of use. The proposed use will not have a substantial adverse effect on abutting property of the permitted use there of. The proposed use is not on scale of intensity to impact adjacent Uses, The site for the proposed use has adequate access to the fully improved Jefferson Avenue as evidenced in the site plan for C.U.P. 11. As conditioned, the project will not have a significant adverse effect on the environment as the project is categorically exempt per the CEOA Guidelines. There is a reasonable probability that the project will be consistent with the City's General Plan once it is adopted, based on analysis in the staff report and the proposal's conformance with existing applicable ordinances and Conditions of Project Approval. A:CUP11 3 There is not a probability of detriment to, or interference with the future adopted General Plan Land Use if the proposed use is ultimately inconsistent with the new General Plan. The proposed use is of insignificant scale in the context of regional development. Further, if found to be ultimately detrimental, the use is subject to termination under City ordinance provisions contained in Section 18.30 of City Ordinance No. 3u,8 These findings are supported by Staff analysis, minutes, maps and exhibits, associated with this application and herein incorporated by reference. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: ADOPT Resolution No. 91- approving Conditional Use Permit No. 11 based on the analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. MR:ks Attachments: Resolution Conditions of Approval Exhibits A:CUP11 4 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 11 TO PERMIT OPERATION OF AUTOMOBILE SALES BY INDIVIDUAL OWNER LOCATED AT THE NORTHWEST CORNER OF FRONT STREET AND LAS HACIENDAS STREET. WHEREAS, Robert C. Vecchione and Eduardo J. Lopes filed CUP No. 11 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said CUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP on June 17, 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 CUP; 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 J30) 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: J l ) The city is proceeding in a timely fashion with the preparation of the general plan. J2 ) 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. A:CUPll 5 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, ( hereinafter '~SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed CUP is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: ll ) 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 buildincj permits, pursuant to this title, each of the following: a) There is reasonable probability that CUP No. 11 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. {1) Pursuant to Section 18.26{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. A:CUPll 6 ( 2 ) The Planning commission, in approving the proposed CUP, makes the following findings, to wit: a) The site of the proposed use together with the on-site parking required and provided is suitable in size to accommodate the proposed intensity of use. b) The proposed use will not have a substantial adverse effect on abutting property of the permitted use there of. The proposed use is not on scale of intensity to impact adjacent uses. c) The site for the proposed use has adequate access to the fully improved Jefferson Avenue as evidenced in the site plan for C.U.P. 11. d) As conditioned, the project will not have a significant adverse effect on the environment as the project is categorically exempt per the CEQA Guidelines. e) There is a reasonable probability that the project will be consistent with the City~s General Plan once it is adopted, based on analysis in the staff report and the proposal's conformance with existing applicable ordinances and Conditions of Project Approval. f) There is not a probability of detriment to, or interference with the future adopted General Plan Land Use if the proposed use is ultimately inconsistent with the new General Plan. The proposed use is of insignificant scale in the context of regional development. Further, if found to be ultimately detrimental, the use is subject to termination under City ordinance provisions contained in Section 18.30 of City Ordinance No. 3~,8 g) These findings are supported by Staff analysis, minutes, maps and exhibits, associated with this application and hereln incorporated by reference. E. As conditioned pursuant to SECT ION 3, the CUP proposed is compatible with the health, safety and welfare of the community. A:CUP11 7 SECTION 2. Environmental Compliance. The proposed Conditional Use Permit is a Class 1 Categorical Exemption per the CEQA Guidelines, SECTION 3, Conditions. That the City of Temecu)a Planning Commission hereby approves CUP No. 11 for the operation of automobile sales by individual owner located at the northwest corner of Front Street and t_as Haciendas Street subject to the following conditions: A. Exhibit A, attached hereto. SECTION PASSED, APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:CUP11 8 CITY OF TEMECULA PLANNING DEPARTMENT Conditions of Approval Conditional Use Permit No. 11 Commission Approval Date: Planninq Department 1. No signage shall be allowed by this permit. This conditional use permit shall be subject to Planning Commission review every five {5) years. The permit shall remain active until such times as the Commission determines that the use is not in conformance with the approved conditions of approval. Applicant shall maintain a minimum of 12 parking spaces for use for the existing weekend building tenant. No repair or mechanical maintenance of vehicles will be permitted on site. The conditional use permit may be revoked pursuant to Section 18.30 of Ordinance 3~,8. All of the foregoing conditions shall be complied with prior to any use allowed by this permit. The primary use of the property shall be restricted to the individual private sale by owner of automobiles. No other uses shall be allowed by this permit. 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 CONDITIONAL USE PERMIT NO. 11. The City of Temecula will promptly notify the permlttee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defence, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Prior to any use allowed by this permit, a letter of clearance must be submitted from the Riverside County Fire Department. 10. This approval shall be used within two ~2) years of approval date; otherwise it shall become null and void and of no affect whatsoever. A:CUP11 9 11. In the event the use hereby permitted ceases operation for a period of one 11 ) year or more, this approval shall become null and void. 12. Fourteen parking spaces shall be kept for "customer" use. 13. For as long as this use exists no present or future tenants will be permitted to conduct normal operating hours on Saturdays or Sundays, with the exception of the Creative Arts Gallery. 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 OCCUPANCY 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; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 15. 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. A:CUP11 10 CITY OF TEMECULA ) VICINITY MAP r ~ CASE NO.C'LI*F'atl P.C. DATE CITY OF TEMECULA ) / / CZ 5008 \ M -SC ~'~ CZ ~173 ~ .¥ M-SC '~ C-P /, 311 CZ 4102 .tic ZONE MAP ) P.C. DATE(¢>-/~-¢~( J CITY OF TEMECULA ~ RLI C r CASE SWAP MAP ~ P.C. DATE CITY OF TEMECULA ) TOMISLAV GABRIC & ASSOCIATES erchlleclure - planning - Interior 27,919 Fronl SI., Suite 201, Temecula, CA 92390 i14/699-9115 213/404-3456 FAX 1t4/699-4428 l~y 2~, 1991 F~g Depa~ b,~lt City of Terecula 43180 B,~ness Park Drive Te~, C~li fornia 92390 Re: AP ~921-O50-013/Flot plan 92~3 property c~eer agrees that no presmt (excepting the Creative Arts Gallery) ~ future ternants will be permitted tD conduct normal operating hours ~ Saturdays or S~days. Further, the property owner understands that cDnditions will be impesed with an approval of C.U.P. No. 11. It is also understood that ~io]ation of seid conditions will result in the mvocati~ of the C.U.P. putsrant to Ofdirsnce 348 of the City of Tereolla. ~ir~erel y, ~/.ded ITEM #8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Prepared By: Scott Wright June 17, 1991 Case No.: Conditional Use Permit No. 2 Revision No. 1 Recommendation: Staff recommends that the Planning Commission: ADOPT Resolution 91 - approving Conditional Use Permit No. 2, Revision No. 1 subject to the Findings and Analysis contained in this report and subject to the Conditions of Approval in the attached Staff Report. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Larry Gabele Markham and Associates To construct a multi-tenant automotive center with 8,663 square feet of retail area and 21,q58 square feet of service area. Abutting the west side of Ynez Road and the east side of 1-15, approximately 200 feet north of the intersection of Ynez Road and Solana Way. C-P-S Scenic Highway Commercial North: South: East: West: C-P-S ( Scenic Highway Commercial ) C-P-S (Scenic Highway Commercial) C-1/CP ( General Commercial ) 1-15 Not requested. Vacant A: CUP2-A I SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: North: South: East: West: Vacant (approved auto dealership) Vacant Retail Commercial 1-15 No, of Acres: Building Area: Proposed Use: Parking Provided: No. of Service Bays: 3.0 21,458 sq.ft. auto service 8,663 sq.ft. retail 30,121 sq.ft. Automotive retail and service center 171 spaces 29 Conditional Use Permit No. 2 was approved by the City of Temecula Planning Commission on September 17, 1990. On October 9, 1990, the City Council approved a motion to Receive and File Conditional Use Permit No. 2. Conditional Use Permit No. 2 was originally submitted to the Riverside County Planning Department on December 19, 1989. The applicant submitted a request for Special Review of Parking in conjunction with the original application. The applicant stated that the service uses in the proposed center would be quick turn around services such as lube and tune and tire shops rather than engine repair, body shops, or other automotive services which generate needs for longer term parking. On this basis, County Planning Staff was willing to allow 50% of the service bays to count toward satisfying the parking requirement. The City has also adopted the policy of counting the service bays as parking spaces in similar cases. The approved site plan provided 172 parking spaces which was 93% of the total required by Ordinance 348. The applicant requests a permit revision to allow an increase of 274 square feet of auto service area to Building "B" and to delete one parking space. The proposed changes will result in a total of 21,458 square feet of auto service area and 8,663 square feet of retail space. Impact of Proposed Revision on Required Parkinq Ordinance 348 requires automotive service uses to provide parking at the rate of one space per 150 square feet or four spaces per service bay, whichever is greater. One space per 150 square feet or 143 spaces is the larger figure. 43 spaces A: CUP2-A GENERAL PLAN AND ZONING CONSISTENCY: are required for the retail portion of the project. The total parking requirement is 186 spaces. 171 spaces are provided. The number of spaces provided is 92% of the total required by Ordinance 348. The parking requirement for automotive service uses is even more stringent than the retail commercial parking requirement of one space per 200 square feet. No distinction is made between engine and body work shops and those which provide quicker services. For these reasons Staff is willing to support the applicant's request that 15 of the 29 service bays be counted toward satisfying the parking requirement. The proposed revision does not effect the overall site. Therefore, the Conditions of Approval adopted for Condtional Use Permit No. 2 will remain in force as they sufficiently cover the City's and Staff's concerns regarding this project. Land Use The proposed multi-tenant automotive service and retail center is consistent with the Southwest Area Community Plan designation of the site for commercial land uses. The Scenic Highway Commercial zone permits automotive service uses subject to approval of a Conditional Use Permit. Scenic Hi.qhway Corridor The site is located adjacent to 1-15 which is designated as a scenic highway. The Southwest Area Community Plan contains the following scenic highway policies which are applicable to this project: the design and appearance of new structures within the scenic highway corridor shall be compatible with the setting or environment; all new development shall maintain a 50 foot setback from the highway right-d-way; the size, height, and type of on-site signage shall be the minimum necessary for identification and shall blend with the environment; and substantial landscaping and vegetation shall be utilized to protect and enhance the view from the scenic highway. The site plan indicates a substantial landscaped area 15 feet wide along the 1-15 right-of-way. The building setback from the 1-15 right-d-way is 56 A:CUP2-A 3 ENVIRONMENTAL DETERMINATION: FINDINGS: feet. The site plan and elevations have been revised to eliminate service bays from the west elevation facing the highway. The site plan satisfies the requirement to provide landscaping equal to 11% of the parking area adjacent to State and scenic highways. A Negative Declaration was adopted in conjunction with the approval of Conditional Use Permit No. 2. The proposed revision is categorically exempt from the requirements of CEQA per Section 15303, Class 3 because it involves a minor increase in approved building area which will increase the total occupancy load by fewer than 30 persons, and will not generate a significant amount of additional traffic. The proposed use is in conformance with the Southwest Area Plan designation of the site for commercial uses and is permitted in the Scenic Highway Commercial zone subject to approval of a Conditional Use Permit. The project will not adversely affect adjacent properties in that the on-site parking provided is adequate to serve the proposed intensity of development, the developer is required to protect downstream properties from damages caused by any alteration of current drainage patterns, and the project is similar to those proposed and developed in the area. The site is adequate to allow the proposed development in a manner not detrimental to public safety in the area in which the site is located in that the on-site parking is adequate to serve the proposed intensity of development. All drive aisles are of adequate width to accommodate on-site traffic circulation, and the amount of landscaped area satisfies the applicable requirements. The intersection of Ynez Road and Solana Way, 200 feet south of the site, is currently functioning at peak hour Level of Service F. The project could temporarily aggravate the poor level of service until new street improvements provide an acceptable level of service at the intersection. Construction of the new improvements is expected to begin in A:CUP2-A 4 December of 1991 as part of Community Facilities District 88-12. The proposed additional floor area is not expected to generate enough additional traffic to constitute a significant impact on the Level of Service at the intersection. A reciprocal access agreement with the adjacent property owner north of the site is required to provide adequate access to the site. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: ADOPT Resolution 91 - approving Conditional Use Permit No. 2, Revision No. 1 subject to the Findings and Analysis contained in this report and subject to the Conditions of Approval in the attached Staff Report. SW: ks Attachments: 2. 3. Resolution Conditions of Approval CUP No. 2 Staff Report Exhibits A. Vicinity Map B. Revised Site Plan C. Previously Approved Site Plan A:CUP2-A 5 ATTACHMENT 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 2, REVISION NO. 1 TO PERMIT OPERATION OF AN AUTOMOTIVE SERVICE AND RETAIL CENTER WITH AN INCREASE OF 27u, SQUARE FEET OF FLOOR AREA AND THE DELETION OF ONE PARKING SPACE LOCATED ON THE WEST SIDE OF YNEZ ROAD APPROXIMATELY 200 FEET NORTH OF SOLANA WAY. WHEREAS, Larry Gabele filed CUP No. 2, Revision No. 1 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said CUP Revision application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP Revision on June 17, 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 CUP Revision; 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:CUP2-A 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 timely fashion with the preparation of its General Plan. C. The proposed CUP Revision is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that CUP No. 2, 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. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. A:CUP2-A 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 CUP, makes the following findings, to wit: a} The proposed use is in conformance with the Southwest Area Plan designation of the site for commercial uses and is permitted in the Scenic Highway Commercial zone subject to approval of a Conditional Use Permit. b) The project will not adversely affect adjacent properties in that the on-site parking provided is adequate to serve the proposed intensity of development, the developer is required to protect downstream properties from damages caused by any alteration of current drainage patterns, and the project is similar to those proposed and developed in the area. c) The site is adequate to allow the proposed development in a manner not detrimental to public safety in the area in which the site is located in that the on-site parking is adequate to serve the proposed intensity of development. All drive aisles are of adequate width to accommodate on-site traffic circulation, and the amount of landscaped area satisfies the applicable requirements. d) The intersection of Ynez Road and Solana Way, 200 feet south of the site, is currently functioning at peak hour Level of Service F. The project could temporarily aggravate the poor level of service until new street improvements provide an acceptable level of service at the intersection. Construction of the new improvements is expected to begin in December of 1991 as part of Community Facilities District 88-12. The proposed additional floor area is not expected to generate enough additional traffic to constitute a significant impact on the Level of Service at the intersection. A:CUP2-A e) A reciprocal access agreement with the adjacent property owner north of the site is required to provide adequate access to the site. E. As conditioned pursuant to SECTION 2, the CUP proposed is compatible with the health, safety and welfare of the community. SECTION 2. Conditions. That the city of Temecula Planning Commission hereby approves CUP No. 2, Revision No. 1 for the operation and construction of an automotive service center with an increase of 274 square feet of floor area and the deletion of one parking space located on the westerly side of Ynez Road approximately 200 feet north of Solana Way subject to the following conditions: A. Attachment 2, attached hereto. SECTION 3. PASSED, APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANN I NG COMMISSIONERS A:CUP2-A 9 EXHIBi'T 4 _ RANCHO CALIFORNIA SITE TEMECULA VICINITY MAP .o ,c.~. f III Z 441 :1 4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Prepared By: Scott Wright September 17, 1990 Case No.: Conditional Use Permit No. 2 Recommendation: 1. Adopt the Negative Declaration 2. Adopt the Resolution Approving CUP No. 2 3. Approve CUP No. 2 APPLICATION INFORMATION APPLICANT: Larry Gabele REPRESENTATIVE: Markham and Associates PROPOSAL: To construct a multi-tenant automotive center with 10,02u, square feet of retail area and 21,801 square feet of service area. LOCATION: Abutting the west side of Ynez Road and the east side of 1-15, approximately 200 feet north of the intersection of Ynez Road and Solana Way. EXISTING ZONING: C-P-S Scenic Highway Commercial SURROUNDING ZONING: North: South: East: West: C-P-S (Scenic Highway Commercial) C-P-S ( Scenic Highway Commercial ) C-1/CP (General Commercial) 1-15 PROPOSED ZONING: Not requested. EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Vacant (approved auto dealership) Vacant Retail Commercial 1-15 PROJECT STATISTICS: No. of Acres: Building Area: Proposed Use: Parking Provided: No. of Service Bays: 3.0 21,117 sq.ft. auto service 8,824 sq.ft. retail 29,9~,1 sq.ft. Automotive retail and service center 172 spaces 29 STAFFRPT\CUP2 1 BACKGROUND: Conditional Use Permit No. 2 was originally submitted to the Riverside County Planning Department on December 19, 1989, as Plot Plan No. 1169~,. The site is located in the C-P-S, Scenic Highway Commercial zone. Automotive service and repair is permitted in the C~P-S zone subject to approval of a Conditional Use Permit. County Planning Staff mistakenly accepted the application as a Plot Plan in the belief that the site is located in the C-1/CP, General Commercial zone, which does not require a Conditional Use Permit for the proposed use. After the County transmitted the application to the City of Temecula, City Planning Staff informed the applicant of the requirement to submit a Conditional Use Permit application. The applicant submitted supplemental application materials and Plot Plan No. 1169~, was redesignated Conditional Use Permit No. 2 on June 15, 1990. The applicant submitted a request for Special Review of Parking (Attachment C) in conjunction with the original application. The applicant stated that the service uses in the proposed center would be quick turn around services such as lube and tune and tire shops rather than engine repair, body shops, or other automotive services which generate needs for longer term parking. On this basis, County Planning Staff was willing to allow 5096 of the service bays to count toward satisfying the parking requ i rement. At the County Land Development Committee (LDC) meeting of January 18, 1990, the application was continued to the LDC meeting of April 12, 1990, pending submittal of a Traffic Study and either a geology/liquefaction study or clearance from the County Engineering Geologist based on geologic reports submitted in conjunction with the site's underlying parcel map. The County Geologist provided clearance in the attached letter dated March 7, 1990. At the LDC meeting of April 12, 1990, the application was continued to the LDC meeting of June ~, 1990, pending submittal of revised west elevations deleting the service bays facing the 1-15 Scenic Highway Corridor and a revised traffic study. The application was transmitted to the City of Temecula on April 17, 1990. Conditional Use Permit No. 2 was scheduled for the Planning Commission hearing of September 10, 1990. At the hearing of September 10, 1990, the applicant STAFFRPT\CUP2 2 PROJECT DESCRIPTION: ANALYSIS: requested a continuance to the hearing of September 17, 1990 in order to revise the site plan. The project is to construct a multi-tenant automotive service and retail center with a gross floor area of 29,9~,1 square feet, including 21,117 square feet of service area and 8,82q square feet of automotive retail area. The application includes a request for Special Review of Parking. Geoloqic Hazards County Geologic Reports No. 691 and No. 692 were prepared for the underlying parcel map which includes the subject property. The County Engineering Geologist reviewed the Geologic Reports with regard to the project in question. Although the site is located in an Alquist-Priolo zone, no evidence for faulting was found on the site. The County Engineering Geologist found that the report satisfies the requirements of the Alquist- Priolo Special Studies Act. The recommendations of the report relative to liquefaction and seismic potential shall be Conditions of Approval for this project. {See Attachment B, letter from County Geologist. ) Paleontoloqic Resources The San Bernardino County Museum Director commented that the property in question is located on the fossiliferous Pauba Formation, and that excavation may impact non-renewable paleontologic resources. Staff is recommending a condition of approval that the developer comply with the recommendations of the Museum Director during grading of the site in order to prevent the loss of non-renewable fossil resources. Stephen's Kanqaroo Rat Habitat The site is located within the area designated by Riverside County as habitat for the endangered Stephen's Kangaroo Rat. The impact of development within the Kangaroo Rat's habitat shall be mitigated by paying fees which will contribute to the implementation of Riverside County's Habitat Conservation Plan. No SKR survey was requested by the County of Riverside Planning Staff. STAFFRPT\CUP2 3 STAFFRPT\CUP2 Mr. Palomar Street Liqhtinq Policy Area The proposed project is located in the Mt. Palomar Observatory Street Lighting Policy Area. In order to prevent "skyglow" interference with the Mr. Palomar telescope, low pressure sodium vapor lighting shall be used. Drainage The site slopes downward gradually to the west and drainage will flow to 1-15. Comments from the California Department of Transportation indicate that site drainage does not appear to have a significant impact on the highway, but care should be taken to preserve the existing drainage pattern of the highway. There is a surface water ponding area along the northwesterly side of the parking area which serves as a detention basin to collect storm runoff and slow the rate of downstream storm runoff along the highway to levels which downstream drainage facilities can accommodate. The ponding area shall be preserved when the subject property is excavated and graded. Traffic The site is approximately 200 feet north of the intersection of Ynez Road and Solana Way. The intersection currently functions at a peak hour level of service F, the poorest level of service. A median will be constructed on Ynez Road which will prevent left turns into or out of the site. Project generated traffic will increase southbound through traffic on Ynez by approximately 1096, northbound traffic on Ynez by approximately 3%, and southbound traffic on Ynez turning left onto Solana by approximately 12%. According to the Traffic Study submitted by the applicant, signalization of the intersection, additional through traffic lanes, and additional turn lanes are necessary to provide a level of service C/peak hour level of service D or better at the intersection of Ynez and Solana. A temporary traffic signal at the existing street width will be installed in the near future. Street widening will be necessary to accommodate the required number of lanes. The additional street width, construction of the median, and relocation of the temporary signal will be funded by a Mello-Roos district. The district has been formed, but design engineers have not yet been selected and design criteria have not yet been developed. The process of selecting consultants and designing and constructing improvements could take 12 months. If the proposed automotive center is bui It and occupied before the street improvements are constructed, there will be a temporary worsening of the existing poor level of service at the intersection of Ynez and Solana. The Traffic Study was deemed acceptable by the Transportation Engineering Staff. Access and Internal Traffic Circulation The site plan indicates a driveway ~,0 feet in width which will provide site access from Ynez Road for the subject property and the adjacent property north of the site. A reciprocal access easement would be required for the shared driveway. All on- site drive aisles are 2u, feet in width and adequate to accommodate two way traffic circulation. Turn radii are adequate for delivery and refuse collection trucks. Parkinq and Loadinq Zones Ordinance 3~,8 requires automotive service uses to provide parking at the rate of one space per 150 square feet or four spaces per service bay, whichever is greater. One space per 150 square feet or lu, 1 spaces is the larger figure. LILI spaces are required for the retail portion of the project. The total parking requirement is 185 spaces. The site plan provides 172 parking spaces which is 796 short of the total required by Ordinance 348. The applicant submitted a Request for Special Review of Parking on the basis that the proposed automotive service uses will be restricted to the quick turn around types of services rather than engine or body repair services which typically generate a demand for longer term, overnight parking. Because the turn-around time would be relatively short, the applicant requests that 13 of the proposed service bays be counted toward satisfying the parking requirement. The County Land Development Committee originally reviewed the Request for Special Parking Review and agreed to count up to 50% of the proposed bays STAFFRPT\CUP2 5 GENERAL PLAN AND ZONING CONSISTENCY: as parking spaces. The applicant proceeded in good faith based on this agreement with the County Staff. Moreover, in order to address the concerns of the City Planning Staff, the applicant has reduced the building area and added three loading zones. The parking requirement for automotive service uses is even more stringent than the retail commercial parking requirement of one space per 200 square feet. No distinction is made between engine and body work shops and those which provide quicker services. For these reasons and the circumstances cited above, the Staff is willing to support the applicant~s request that 12 of the 29 service bays be counted toward satisfying the parking requirement. Land Use The proposed multi-tenant automotive service and retail center is consistent with the Southwest Area Community Plan designation of the site for commercial land uses. The Scenic Highway Commercial zone permits automotive service uses subject to approval of a Conditional Use Permit. Scenic Hiqhway Corridor The site is located adjacent to 1-15 which is designated as a scenic highway. The Southwest Area Community Plan contains the following scenic highway policies which are applicable to this project: the design and appearance of new structures within the scenic highway corridor shall be compatible with the setting or environment; all new development shall maintain a 50 foot setback from the highway right-d-way; the size, height, and type of on-site signage shall be the minimum necessary for identification and shall blend with the environment; and substantial landscaping and vegetation shall be utilized to protect and enhance the view from the scenic highway. The site plan indicates a substantial landscaped area 15 feet wide along the 1-15 right-of-way. The building setback from the 1-15 right-d-way is 56 feet. The site plan and elevations have been revised to eliminate service bays from the west elevation facing the highway. The site plan satisfies the requirement to provide landscaping STAFFRPT\CUP2 6 ENVIRONMENTAL DETERMINATION: equal to 11% of the parking area adjacent to State and scenic highways. An Initial Study was prepared for Conditional Use Permit No. 2 and is attached to this Staff Report. (See attachment A, Initial Environmental Study. ) Staff recommends adoption of a Negative Declaration for Conditional Use Permit No. 2. FINDINGS: The proposed use is in conformance with the Southwest Area Plan designation of the site for commercial uses and is permitted in the Scenic Highway Commercial zone subject to approval of a Conditional Use Permit. The project will not adversely affect adjacent properties in that the on-site parking provided is adequate to serve the proposed intensity of development, and the developer is required to protect downstream properties from damages caused by alteration of drainage patterns. The site is adequate to allow the proposed development in a manner not detrimental to public safety or the area in which the site is located in that the on-site parking is adequate to serve the proposed intensity of development. All drive aisles are of adequate width to accommodate on-site traffic circulation, and the amount of landscaped area satisfies the applicable requirements. The intersection of Ynez Road and Solana Way, 200 feet south of the site, is already functioning at level of Service F. The project could temporarily aggravate the poor level of service until street improvements which will be constructed in approximately 12 months provide an acceptable level of service at the intersection. A reciprocal access agreement with the adjacent property owner north of the site will be required to provide adequate access to the site. STAFFRPT\CUP2 7 STAFF RECOMMENDATION: Staff recommends that the Planning Commission: 1. ADOPT the Negative Declaration; ADOPT Resolution 90- approving Conditional Use Permit No. 2; and, APPROVE Conditional Use Permit No. 2, based on the analysis and findings contained herein. SW:ks Attachments: Exhibits: 1. 2. 3. A. Initial Environmental Study B. Conditions of Approval C. Request for Special Review of Parking with supporting letters. Color Board Elevations Site Plan Vicinity Map STAFFRPT\CUP2 8 I I I. Environmental Evaluation 1 .a,b. 1 .c,d. 1,e. 1.f. 1.g. 2.a. 2.b,c. 3.a,c, d,f. Yes. Fill and topsoil replacement to a depth of 3 to u, feet will occur. Topsoil replacement is necessary to mitigate the potential for liquefaction and subsidence. This is not considered a significant impact. No. The project will not result in substantial changes in topography or destruction of unique geologic features. The site is flat, and substantial changes in topography will not be required. Maybe. The potential for wind and water erosion will increase during construction. Wind erosion will be mitigated by the use of watering trucks and planting vegetation after grading. Increased water runoff due to the addition of impermeable surfaces will be accommodated by drainage facilities as approved by the Engineering Department. No. The site is not located near any body of water which would be impacted by siltation or deposition. No. County Geologic Reports No. 691 and No. 692 were prepared for the underlying parcel map which includes the subject property. The County Engineering Geologist reviewed the Geologic Reports with regard to the project in questions. Although the site is located in an Alquist-Priolo zone, no evidence for faulting was found on the site. The geologic report stated that structural setbacks for faults are not warranted on this site. Secondary earthquake effects of lurching or localized ground cracking can be adequately mitigated by proper structural design. The report also states that the potential for liquefaction and/or seismically induced ground subsidence can be mitigated by replacement of topsoil and fill to a depth of 3 to LI feet. Localized deeper removals may be necessary. The County Engineering Geologist found that the report satisfies the requirements of the Alquist-Priolo Special Studies Act. The recommendations of the report shall be Conditions of Approval for this project. No. The project will not result in an increase in vehicle trips or an increase in auto emissions. The nature of the project is not such that it will attract substantial volumes of new traffic to the region. No. The project will not involve any process which would create objectionable odors or cause any alterations in the climate. No. The site is not located near any streams or bodies of water. Drainage will be directed to streets or to drainage facilities. The project does not include any structure or excavation which would alter the flow of direction of ground water. STAFFRPT\CUP2 8 3.b. Yes. Increased runoff due to the addition of impermeable surfaces will be accommodated by drainage facilities as approved by the Engineering Department. Yes. During construction, the proposed project will increase turbidity in local surface water. This impact is temporary and is not considered significant. 3.g. No. The project will be served by the Rancho Water District and will not involve any direct withdrawals or additions to ground water. Due to the limited depth of excavation for soil replacement and compaction, it is unlikely that ground water will be encountered. 3.i. No. The site is not located in a flood zone. q-.a-d. No. No unique, rare, or endangered plant species have been identified in the area in which the site is located. The possible introduction of new species of plants to the site as part of the required landscaping is not considered a significant impact. The site is not used for any agricultural crops. Yes. The subject site is located within the area designated by Riverside County as habitat for the endangered Stephen's Kangaroo Rat. The impact of development within the Kangaroo Rates habitat will be mitigated by paying fees which will contribute to the implementation of Riverside Courtryes Habitat Conservation Plan. 6.a, Yes. On-site noise levels will increase temporarily during construction and in the long term due to increased traffic volumes. This is not considered a significant impact because the surrounding land uses are not noise sensitive and noise levels are unlikely to exceed State daily average noise level standards. 6.b. No. The proposed project and existing and future surrounding land uses are commercial in nature and will not create severe noise levels. Yes. The proposed project is located within the Mt. Palomar Observatory Street Lighting Policy Area. In order to prevent "skyglow" interference with the Mt. Palomar telescope, low pressure sodium vapor lighting shall be used. No. The proposed project is consistent with the designation of the site and its vicinity for commercial land uses, No. The project will not result in a substantial increase in the rate of consumption of any natural or non-renewable natural resource. 10.a. Yes. The proposed automotive center will involve the use of motor oil and may involve the use of other hazardous substances. The applicant shall provide a list of hazardous substances which will or may be used on the site and a submit a plan for their disposal to the County Health Department. STAFFRPT\CUP2 9 10.b. Maybe. If closure of a lane on Ynez Road during construction is necessary, emergency vehicle response may be inhibited. Any street or lane closures during construction shall be coordinated with the Police and Fire Departments. 11,12. Maybe. The project will provide additional jobs and could attract more population to the area. However, the number of new jobs created will probably not exceed 100, and at least some of the jobs will be taken by current residents of the area. The increase in population and demand for housing in the area due to this project are unlikely to be a significant impact. 13.a. No. The on-site parking provided is adequate to meet the needs of the proposed land uses. 13.b. Yes. The proposed automotive center is required by Ordinance 348 to provide 230 parking spaces. The proposed site plan shows 171 parking spaces and no loading zones. The potential for on-site peak hour circulation and parking impaction is high and could cause retail customers to attempt to park on adjacent properties. 13.c,d,e. No. The project will not impact public transportation systems, air water, or rail traffic, or alter present patterns of circulation. 14.a,b, e,f. Yes. The proposed project will require public services in the areas of police, fire, road maintenance, and public facilities. Fire impact mitigation fees and property taxes will provide adequate mitigation for the additional need for public services generated by the project. Maybe. Any impact on schools or recreational facilities resulting from an increase in population due to new employment opportunities will be mitigated by Conditions of Approval upon new housing. 15.a,b. No. The proposed project will not result in a substantial use or increase in demand for fuel or other energy sources. 16.a-f. No. The proposed project will not result in a need for substantial alterations of existing utility systems. 17.a,b. Maybe. The project will involve the use of motor oil and may involve the use of other hazardous substances. A list of hazardous materials which will or may be used at the site and a disposal plan shall be submitted to the City and to the County Department of Environmental Health Services. 18. Maybe. The proposed project will not obstruct any scenic view currently available to the public. However, the site is located adjacent to the 1-15 scenic highway corridor. Building materials, colors, and free-standing signage shall be compatible with the natural environment and existing development. Free-standing signs shall be the minimum size necessary for identification. The landscaping adjacent to the 1-15 STAFFRPT\CUP2 10 19. 20.a-d. 21 .a. 21 .b. 21 .c. 21 .d. right-of-way shall be substantial and shall provide significant screening of the site from view from the freeway. No. The site is not currently used for recreational purposes and is not located in or near a potential recreational trail alignment. Maybe. The site is located in an area of paleontological sensitivity and near an area of sensitivity for archaeological resources. The developer shall retain a qualified vertebrate paleontologist to develop a site- specific program to mitigate potential impacts to paleontologic resources. The program shall include monitoring of excavation, preparation and curation of specimens, and a report of findings with a complete specimen inventory. Maybe. The project will not degrade the environment. Any potential reduction in Stephen's Kangaroo Rat habitat would be compensated by participation in the Kangaroo Rat habitat conservation program. No. Long term project generated traffic impacts will be mitigated by planned street improvements. Maybe. The project could contribute to the existing poor level of service at the intersection of Ynez Road and Solana Way if it is occupied prior to construction of street improvements at the intersection. The project would increase southbound through traffic by 1096 and southbound traffic turning left on Solana Way by 1396. These are relatively small impacts, but will aggravate the poor level of service due to existing traffic and projected traffic due to other projects and growth in the area. The poor level of service will be mitigated by construction of street improvements which will probably occur in approximately 12 months. Maybe. The project will involve the disposal of used motor oil. Used oil will be recycled and will not be disposed in a manner which will pollute soil or ground water. The use of any other hazardous materials will require a clearance from the County Department of Health. STAFFRPT\CUP2 11 ATTACHMENT 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Conditional Use Permit No. 2 Formerly Plot Plan No. 1169q Council Approval Date: Expiration Date: October 9, 1990 October 9, 1991 Planninq Department The use hereby permitted by this Conditional Use Permit is for an automotive center with 21,117 square feet of service area and 8,82~ square feet of retail area · The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents officers, and employees from any claims, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Conditional User Permit No. 2. 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 ( 1 ) year of approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the one (1} year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit 3, or as amended by these conditions. 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. 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 street improvement recommendations outlined in the Conditions of the City Division of Transportation Engineering contained herein. STAFFRPT\CUP2 10. 11. 12. 13. 14. 15. 16. 17. The applicant shall comply with the conditions of approval of the City Engineering Department contained herein. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department~s transmittal dated January 19, 1990, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated April 11, 1990, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 5~6 and the County Fire Warden's transmittal dated March 30, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County Geologist's transmittal dated March 7, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittal dated January ~, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the San Bernardino County Museum transmittal dated December 22, 1989, a copy of which is attached. 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 grading or building permits, nine {9) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 3~,8, Section 18.12, and shall be accompanied by a filing fee as set forth in Section 18.12, and shall be accompanied by a filing fee as set forth in Section 18.37 of Ordinance No. 3~8. A minimum of 172 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3~,8. 172 parking spaces shall be provided as shown on the Approved Exhibit No. 3. The parking area shall be surfaced with (asphaltic concrete paving to a minimum depth of 3 inches on ~, inches of Class II base. ) (decomposed granite compacted to a minimum thickness of three {3) inches treated with not less than 1/2 gallon per square yard of penetration coat oil, followed within six months by an application of 1/~, gallon per square yard of seal coat oil. ) STAFFRPT\CUP2 2 18. A minimum of 5 handicapped parking spaces shall be provided as shown on Exhibit No. 3. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility, The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner~s expense. Towed vehicles may be reclaimed at or by telephoning In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. 19. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: City Engineering 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. 20. Prior to the issuance of building permits, the following additional and/or revised plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans Parking and Circulation Plans 20.a. The applicant shall submit a signing program prior to occupancy. 21. Building elevations shall be in substantial conformance with that shown on Exhibit No. 2. 22. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit No. 1 {Color Board). 23. 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 or combination landscaped earthen berm and decorative block wall shall be constructed along the STAFFRPT\CUP2 3 25. 26. 27. 28. 29. 30. 31. 32. easterly 120 feet of the north property line and the entire length of the south property line. 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. If the owner of the property south of the subject property submits a discretionary application within two years of the approval of this application or prior to occupancy of the project in question, and said application shows a building located on the south property line of the subject property, the applicant shall not be required to construct said wall where the building on the adjacent property abuts the property line. The trash enclosures which are adequate to enclose a total of L~ bins shall be centrally located within the project, and shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be screened from external view. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. Any oak trees removed with four (4) inch or larger trunk diameters shall be placed on a ten (10) to one ( 1 ) basis as approved by the Planning Director. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. This project may be located within a subsidence or liquefaction zone. Prior to issuance of any building permit by the City of Temecula, a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for subsidence or liquefaction. Where hazard of subsidence or liquefaction is determined to exist, appropriate mitigation measures must be demonstrated. Prior to the issuance of a grading permit, the applicant shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this permit and its Initial Study which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to the Planning Director of the City of Temecula demonstrating compliance with those conditions of approval and mitigation measures of this permit and its Initial Study which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of an occupancy permit, the applicant shall prepare and submit a written report to the Planning Director of the City of Temecula demonstrating compliance with all remaining conditions of approval and mitigation measures of the permit and its Initial Study. STAFFRPT\CUP2 4 33. 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. 1 Class II I bicycle racks shall be provided in convenient locations to facilitate bicycle access to the project area. 35. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of 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. 36. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 37. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 38. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 39. Engine repair or body work services shall be prohibited. 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: A detailed Drainage Study will be required to be submitted to the City Engineer for review and approval. The Study shall be prepared by a Registered Civil Engineer and shall include existing, interim, and proposed conditions, including hydrology and hydraulic calculations. STAFFRPT\CUP2 5 41. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards. A permit shall be required from CalTrans for any work within their right-of- way. 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. 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 final grading plans shall be completed and approved prior to issuance of building permits. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right- of-way. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters and approval by the City Engineer. 49. 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. 50. The developer shall comply with the requirements of the City Engineer based on the recommendations of the Riverside County Flood Control District. 51. The developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. 52. The applicant shall obtain clearance and/or permits from the following agencies: Eastern Municipal Water District City Engineer Environmental Health Fire Department Planning Department Riverside County Flood Control STAFFRPT\CUP2 6 Rancho California Water District Riverside Transit Agency PRIOR TO BUILDING PERMIT: 53° All work done within the City right-d-way shall have an encroachment permit. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans. 55. 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. 56. The design and construction of improvements for Ynez Road shall be bonded for in the event that the Mello Roos does not construct the required public improvements in accordance with County Standard No. 100A | 1104 / 13~,' ). 57. Dedication shall be made of the following right-of-way on the following streets: DEDICATE YNEZ ROAD TO 67t FEET FROM STREET CENTERLINE 58. Non-vehicular access rights shall be dedicated to the City for Ynez Road except for one driveway located at the north property line. 59. The developer shall obtain an easement for ingress and egress over the adjacent property. 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 El R/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated {assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. 61. Prior to building permit, the subdivider shall notify the City~s C.A.T.V. STAFFRPT\CUP2 7 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: 62. Construct full street improvements on Ynez Road including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights. 63. Ynez Road shall be improved with concrete curb and gutter located 55 feet from centerline and asphalt concrete paving, within a 67 foot half-width dedicated right-of-way in accordance with Riverside County Standard No. 100A, (110/13~). 64. Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. ~,00 and ~,01. 65. The street design and improvement concept of this project shall be coordinated with adjoining developments. 66. All signing and striping shall be installed per the City standards and the approved signing and striping plan. 67. Prior to occupancy, a sign shall be installed prohibiting left turns from the project site. 68. The traffic signal at Ynez Road and Solana Way shall be installed and operational per the City Standards, special provisions and the approved traffic signal plan prior to occupancy. 69. A signing and striping plan shall be under design by a registered traffic engineer, and approved by the City Traffic Engineer and the City Engineer, for all streets 66/q4 or wider and shall be included in the street improvement plans. 70. Prior to designing any of the above plans, contact Transportation Engineering for the design criteria. Buildinq S Safety Department 71. 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. STAFFRPT\CUP2 RESOLUTION NO. 90-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 2 TO PERMIT OPERATION OF AN AUTOMOTIVE SERVICE/RETAIL CENTER LOCATED ON THE WESTERLY SIDE OF YNEZ ROAD, 200 FEET NORTH OF SOLANA WAY. WHEREAS, Larry Gabelle filed CUP No. 2 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said CUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP on September 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said CUP; 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-rnonth 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\CUP2 (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed CUP is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: ( 1 ) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that CUP No. 2 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. 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. 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. STAFFRPT\CUP2 2 SECTION 3. Conditions. That the city of Temecula Planning Commission hereby approves CUP No. 2 for the operation and construction of an automotive service/retail center located on the west side of Ynez Road, 200 feet north of Solana Way subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this day of · 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 10th day of September, 1990 by the following vote of the Council: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS STAFFRPT\CUP2 3 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for CUP No. 2. DATED: By Name Title STAFFRPT\CUP2 Li A l~'l'~lrniA ~Omp&Ay Jul~ 5, 199o Larry Gabill YNEZ PARTNERS 4Z7S Executive Squire, d1040 Jells, California 9203? This letter 4s to discuss Nldas' typlClq Dark(nO requiredanti for e Iocauon wlthtn an auto Service cent. at. The mlJority of Klda$' Service involves exhaust work and brake work. The averiga number of customers tn this tjd;Icel size NtdIS store Is 20 per da~. The eversis exhaust Job lasts slYout 20 minutes, and the lyeriDe brake 00 lasts Z7 mtnutes. Therefore. a large number of Our cuStomerl wait In our lobby ares for the(r Cars to be c~e~leted. we haul no need for ovlrntOht parklho Ind, is you can Ill, very little Ned for long-term parkin0, We feel that your Ynez Rome lute service center his In ebundlnCe of perking and that i C0nSlderl~10n for piPking within the bays ts ceres nly ;luStS(led. It ts Our experience that the auto body and paint businesses end engine 0vethaul t.YPl tenants t.vptcaqlI have I hear), qon0-tlrm parking requirement. Ne do not locate tn centers wtth these tyPe of co-tenants, iil Ire anxious to enter the Temlcull marketplace IS soon as pOSSible. PleaSe keep us updated is tOy Our IODrOvSl pro~eSs. If you ShOuld have an,v questions, please fell free to ca1! me it 714/870-O411. Char(el P, Levenl RIg(one1 I~tal Estate N&nager tilltern Aria .tune 28, 1990 Sa~ Diego Regional O~f,~v tarry Gahelc YNET. PARTNERS 4275 Executive &louts el040 La 3olle. CA 92037 This is to clarify Precbion Tune's ]x:mltlnn on ;~rklnI requlrement~ for the center that he Ionted on Ynez r~d in Temecu~. Si.ce the bulk of our business is based on quick convenient servlcu, I.e. o~ changes end tune ups, ,, majority of our customers wait lit our waiting room provided for their convenience et our facility for set, vim to be completed. Apprcr~imateiy 3091, of our customers coma Io ou~ centers for. oil chenie senrice, this is a dtlvg through service and no parking k required. ApprOximately 50~ Of Our customers are tune up customers that will walt It our facility for the compl=tion of the repa|r work. Parking b only required for I short pedc~d of time to write up I Icrviu~ order. Upon completion of Ihe Hrvice the customell pick-up Iheir vehicle4 and depart from the premises as soon as the paper work Is completed concluding tt',e mtnsactlon. Only about 20~ of uur customell writ leave their vehicles with us far a period longer than required to Mrvic~ it. Sinc~ the majority d' our cultomell walt It our facilities and their vehicles are alwn~ serviced s~thln the r4mer itself, the hey mpacel should be considered u parkInI Itnltl and, outside perkinI requirements ere it I veil minimum. If you have any further questions or conc,4rns please feel free to contact me. R~hard A, Jm'vi~ Director of Oparatlom gAJ/hm ~[ 10 UNIVERSITY CTR. LANE · BUrr! 300 · SAN CHEGO, CA 12122. ($10) H7.243S. FAX 455.0169 At our initial January 1990 meeting with the LDC, these issues were discussed and approved by the planning group and our plane have reflected that determination from that time on. Should you please feel JLG:Je have any further questions regarding this matter, free to call me at (619) 587-1985. Ver~tr~l~ ATTACHMENT C GABELE & OMAN, CPA'S June 1990 Scott Wright Planning Department City of Temecula Parking Requirements for Plot Plan Dear The pur2ose of thA~ letter ~s to give logic behind the parking layout for e11694. you the background and our proposed Plou Plan Prior to our first LDC meeting with Riverside County in January 1990, we had one in-person meeting and several phone conferences with the Planning Department and Tra[fic Department to discuss the parking requirements for our projecu. We were fully aware cf ~he existing parking requirements for auto service centers and the reasoning behind these requirements. In discussing these requirements with the Planning Department, we pointed out that our center was not going to be using long-term parking type tenants such as auto body shops or engine rebuilding facilities and that in fact the majority of our tenants were going to be quick =urn type tenants. By '~uick turn' X mean operations such as Precision Tune, Midas Brake ·nd Mufflers, Big-O Tires. These type tenants wnrk nn · ~uick turn highly scheduled and in- and-our type customer. The Riverside Planning Department simply requested that we give copies of Our proposed leases to them to substantiate the fact that we were not going to be using lnng term parking type clients. With this lnformatinn at hand the Riverside Planning Department was going to allow us to count one ou~ of every. two interior service bays An our buildings as parking to meet the parking requirements of the cnunty. In addition, we split the use of our property to be some retail end some auto anEwAce. Pot t. he retail portion, our parking was calculated on five ·pots for every ~housand s~uare ieet of usage and on the service side our parking was calculated on six spots for every thousand square feet of usage ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have · significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have z ·igni- ticant effect on the environment, thera will not be · ·igni- ticant effect in this case because the mitigation measures described on attached sheets and in the Condition· d approval have been added to the project. A NEGATIVE DECLARATION WiLL BE PREPARED. I find the prol~sed project MAY have . significant effect on the environment, and an ENVIRONMENTAL IlViPACT REPORT is required. For CITY OF TEMECULA APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department October 9, 1990 Conditional Use Permit No. 2 APPLICANT: REPRESENTATIVE: PROPOSAL: PREPARED BY: Scott Wright RECOMMENDATION: Receive and File APPLICATION INFORMATION Larry Gabele Markham and Associates LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: To construct a multi-tenant automotive center with 8,82L~ square feet of retail area and 21,117 square feet of service area. Abutting the west side of Ynez Road and the east side of 1-15, approximately 200 feet north of the intersection of Ynez Road and Solana Way. C-P-S (Scenic Highway Commercial) North: C-P-S (Scenic Highway Commercial) South: C-P-S (Scenic Highway Commercial) East: C-1/CP (General Commercial) West: 1-15 Not requested. Vacant STAFFRPT\CUP2 I SURROUNDING LAND USES: PROJECT STATISTICS: DISCUSSION: North: Vacant (approved auto dealership) South: Vacant East: Retail Commercial West: 1-15 No. of Acres: Building Area: Proposed Use: Parking Provided: No. of Service Bays: 3.0 21,117 sq. ft. auto service 8,824 sq.ft. retail 29,941 sq.ft. Automotive retail and service center 172 spaces 29 At a duly advertised public hearing on September 17, 1990, the Planning Commission approved Conditional Use Permit No. 2 by a vote of 5-0. The following changes to the Conditions of Approval were included in the motion to approve: Condition No. 5. On the advice of the City Attorney, Condition No. 5 was changed to read as follows: 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. Condition No. 20. At the request of the applicant's representative, the requirement to submit a signing program prior to issuance of building permits was replaced by the following: "20a. The applicant shall submit a signing program prior to occupancy." Condition No. 24. The applicant's architect questioned the need for a block wall along the south property line. The following wording was added to Condition No. 24: "If the owner of the property south of the subject property submits a discretionary application within two years of the approval of this application or prior to occupancy of the project in question, and said application shows a building located on the south property line of the subject property, the applicant shall not be required to construct said wall where the building on the adjacent property abuts the property line." Condition No. 29. The requirement to submit a report by a structural engineer was replaced by: "the requirement to submit a report by a California licensed Soils Engineer or Geologist to determine the potential for liquefaction or subsidence and demonstrate appropriate mitigations." STAFFRPT\CUP2 2 The applicant's representative requested that Condition No. 3 be changed to read "This approval shall be used within two years of the approval date..." The case planner read from the ordinance which allows approval period of up to three years for conditional use permits with a provision permitting extensions of time for approval periods of less than three years. The Planning Commission took no action relative to Condition No. 3. STAFF RECOMMENDATION: Staff recommends that the City Council RECEIVE AND FILE Conditional Use Permit No. 2 based on the findings in the attached Staff Report and subject to the Conditions of Approval as amended at the Planning Commission hearing of September 17, 1990. SW: ks STAFFRPT\CUP2 3 ITEM EXISTING ZONING: SURROUNDING ZONING: R-R ( Rural Residential ) North: R-R (Rural Residential) South: R-R (Rural Residential) East: R-R (Rural Residential) West: R-R ( Rural Residential ) PROPOSED ZONING: C-P-S EXISTING LAND USE: Vacant SURROUNDING LAND USES: SWAP DESIGNATION: PROJECT STATISTICS: BACKGROUND: ( Scenic Highway Commercial ) North: Vacant/Industrial Commercial South: Vacant East: Vacant West: Vacant C ( Commercial ) Project Area: No. of Lots: Proposed Zone Change: No. of Buildings: Total Building Square Footage: Total Parking Provided: Total Parking Required: Buildings are Proposed on Lots: 97.32 acres 13 + 2 remainders C-P-S on Lots 1-13 3 1~9,696 sq.ft. 859 spaces 7~9 spaces q., 7 and 13 The Change of Zone, Parcel Map and Plot Plan were submitted to the City Planning Department February 20, 1991. The Plot Plan was requested previously, but could not be processed without the zone change due to the fact that the proposed use was not consistent with the R-R zoning. The project has been reviewed by the Development Review Committee (DRC), both at a Pre-DRC and a Formal DRC meeting. This site is within the boundaries of Assessment District No. 161. Construction has begun on the first phase development of the Assessment District. This construction includes the widening of Winchester Road between Margarita and Ynez Roads, along with the Santa Gertrudis Creek Flood Channel improvements. The project has involved negotiations with GaiTtans on the location and access to driveways along Winchester Road. GaiTtans has also been involved A:PP224 2 Recommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Change of Zone No. 11 Plot P)an No. 224 Parcel Map No. 26852 Prepared By: Steve Jiannino That the Planning Commission recommend to the City Council: ADOPT a Negative Declaration for Change of Zone No. 11, Plot Plan No. 224, and Parcel Map No. 26852; ADOPT Resolution 91 - recommending approval of Change of Zone No. 11 based on the Findings contained in the Staff Report; ADOPT Resolution 91 - recommending approval of Plot Plan No. 224 based on the Findings contained in the Staff Report and subject to the attached Conditions of Approval; and ADOPT Resolution 91 - recommending approval of Parcel Map No. 26852 based on the Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: Bedford Development Co. J.F. Davidson Associates and Herron & Rumansoff Change of Zone from R-R (Rural Residential) to C- P-S (Scenic Highway Commercial ) on 24 acres of a 97.3 acre site, construction of a 149,500 square feet commercial center on 19.7 acres and subdivide 97.3 acres into 13 parcels with two remainder parcels. Northwest corner of Margarita and Winchester Roads. A:PP224 1 The site is within the boundaries of Assessment District No. 161. The Assessment District was formed to provide major infrastructure improvements along Winchester road within the City and County boundaries. The first phase of construction for the Assessment District is already under way. The first phase improvements include construction of Winchester Road from Margarita Road to Ynez Road, the channelization of Santa Gertrudis Creek, and portions of Margarita Road. These improvements provide necessary infrastructure for the construction of the proposed commercial center within the proposed Parcel Map boundaries. The proposed access points for the parcels have been tentatively approved by CalTrans. The remainder of the frontage along Winchester Road would have restricted access. The access points also provide access to Rancho California Water well sites. The developer will also record reciprocal access and maintenance agreements between the parcels for access, drainage and parking facilities. The proposed Parcel Map conforms to the proposed development for Plot Plan No. 224 and possible future development along the Winchester Road frontage. Development is currently being proposed for Parcels ~,, 7 and 13, with the other parcels being available for future development. The City is requesting a 25 feet wide easement along Winchester Road for a future transportation corridor as required by SWAP. The applicant is protesting this requirement since it does not exist on current developments and will not be easily obtained in some areas. The 25 feet is not a requirement of CalTrans, it is a part of the adopted SWAP Transportation Plan. Plot Plan No. 224 Plot Plan No. 224 proposes the construction of a 149,696 square feet commercial center. The project consists of 3 buildings with a major building being 115,280 square feet. The proposed tenant for this building is Costco. The other buildings are 23,916 and 10,500 square feet. The proposal provides for two access points on Winchester and Margarita Roads. The access points on Winchester Road have been tentatively approved A: PP224 4 PROJECT DESCRIPTION: ANALYSIS: in the discussions involving the signalization of the two intersections shown on Plot Plan No. 224. The applicant has received approval of the proposed improvements and signalization for Winchester Road as proposed for Plot Plan No. 224. This project proposes a Change of Zone from R-R (Rural Residential) to C-P-S (Scenic Highway Commercial) on 24 acres, on proposed Lots 1-13 of Parcel Map No. 26852, to subdivide 97.3 acres into 13 parcels with two remainder parcels and to construct three retail commercial buildings totaling 149,696 square feet on Lots 4, 7 and 13 of Parcel Map No. 26852 located on the northwest corner of Margarita and Winchester Roads. Change of Zone No. 11 Change of Zone No. 11 proposes a change in zoning classification from R-R to C-P-S on 24 acres fronting the north side of Winchester Road between Margarita Road and RCWD well site No. 108. The Southwest Area Plan (SWAP) designation for the area is C, Commercial. The proposed C-P-S zoning is consistent with the SWAP designation. An industrial park development has been constructed to the northwest of the site and the proposed regional mall is being processed to the south across Winchester Road. Winchester Road is being improved as part of Assessment District No. 161 to a 134 foot right-of-way urban arterial. The Assessment District is also responsible for the construction of flood control drainage ways and main sewer lines. The first phase of the construction has begun with major infrastructure being done around this site. Parcel Map No. 26852 Parcel Map No. 26852 is a proposal for a 13 lot commercial subdivision of the 24 acres fronting the north side of Winchester Road between Margarita Road and RCWD well site No. 108 with two large remainder parcels on a 97 acre site. The 13 parcels cover the same area as being proposed for Change of Zone No. 11. The remainder parcels are separated from the other lots by Santa Gertrudis Creek and Margarita Road. A: PP224 3 ENVIRONMENTAL DETERMINATION: FINDINGS: Pursuant to applicable portions of the California Environmental Quality Act {CEQA), an Initial Environmental Assessment was prepared for the project. Based on the assessment, a Mitigated Negative Declaration is being recommended for adoption. Chanqe of Zone No. 11 The proposed Change of Zone will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Mitigated Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is compatible with the surrounding proposed development, zoning, and SWAP. 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, due to the fact that the project is compatible with surroundi ng development and improvements. The site is physically suited for the proposed Change of Zone in that required infrastructure exists or is being provided in the area including commercial roadways, drainage facilities, and main sewer and water lines. The proposed Change of Zone is consistent with the SWAP designation of C { Commercial ). The zone change will be beneficial by providing an area for needed services and employment. A: PP224 GENERAL PLAN AND SWAP CONSISTENCY: by CalTrans with the access drive closest to Margarita providing access to RCWD well site No. 110 and the project. The proposed development complies with current code development standards in regards to parking and interior traffic circulation. The site design has been reviewed by City Staff at Pre and Formal Development Review Committee meetings. The applicant has addressed 5taff's concerns regarding the site design for the project. The applicant made modification to the parkin9 layout and eliminated the proposed development along Winchester Road at Staff's request. Staff had concerns regarding the free standing pad concept originally proposed along Winchester Road. A Plot Plan application or other appropriate City application will be required to be processed and approved prior to any building construction on any parcels other than Parcels 4, 7 and 13 of Parcel Map No. 26852. The overall circulation and access points to Winchester and Margarita Roads are being established with this development. The proposed architecture for the project is Neo Mediterranean incorporating the use of stucco, concrete tile roof treatment, concrete block, parapet wall and archways. The applicant is providing architectural treatment to the building by the use of plant-on features to provide movement in the flat building face. The increased architectural treatment is being provided on the elevations that face the public right-of-way. The project is consistent with the SWAP designation of C ICommercial) and 2-5 DU/AC Idwelling units per acre). The area encompassing Change of Zone No. 11 and Plot Plan No. 224 is designated C l Commercial ), while the area designated 2-5 DU/AC is the remainder portion of Parcel Map No. 26852. The remainder area designated as 2-5 DU/AC is a part of Specific Plan no. 255 which is currently being processed by the City. The proposed Parcel Map, Zone Change and Plot Plan are consistent with other proposed developments along Winchester Road. As such, it is likely that Change of Zone No. 11, Parcel Map No. 26852 and Plot Plan No. 22~, will be consistent with the ultimate City General Plan when it is adopted. A: PP224 5 FINDINGS: 10. 11. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Winchester and Margarita Roads. 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. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. Plot Plan No. 2211 There is a reasonable probability that Plot Plan No. 22~, will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as proposed, conforms with existing applicable city zoning and development ordinances. Further, the proposal is characteristic of similar development approved by the City to date. There is not a likely probability of substantial detriment to, or interference with the Cityis future General Plan, if the proposed use is ultimately inconsistent with the plan. The project is of insignificant scale in context of the broad goals and direct(yes anticipated in the City~s General Plan. The proposed use or action complies with State planning and zoning laws. Reference local Ordinances No. 3~8, ~,60; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). A: PP224 8 FINDINGS: Parcel Map no. 26852 The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Mitigated Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surrounding proposed development, zoning and SWAP. 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,due to the fact that the project is consistent with surrounding proposed development. The proposed use complies with State planning and zoning law due to the fact that the project conforms to the current zoning for the site and to Ordinance No. u,60, Schedule E. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and sufficient building area. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the initial study. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots are large enough to provide sufficient southern exposure with passive or active solar possibilities. A:PP22~ 7 STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council: ADOPTION of a Negative Declaration for Change of Zone No. 11, Plot Plan No. 22u,, and Parcel Map No. 26852; ADOPT Resolution No. 91- recommending approval of Change of Zone No. 11 based on the Findings contained in the Staff Report; ADOPT Resolution No. 91- recommending approval of Plot Plan No. 22u, based on the Findings contained in the Staff Report and subject to the attached Conditions of Approval; and ADOPT Resolution 91 - recommending approval of Parcel Map No. 26852 based on the Findings contained in the Staff Report and subject to the attached Conditions of Approval. SJ:ks Attachments: 2. 3. 5. 6. 7. A. B. C. D. E. F. Resolution for Change of Zone No. 11 Resolution for Parcel Map No. 26852 Conditions of Approval for Parcel Map No. 26852 Resolution for Plot Plan No. 224 Conditions of Approval for Plot Plan No. 22u· Initial Study Exhibits Vicinity Map SWAP Map Change of Zone No. 11 Parcel Map Plot Plan Elevations A:PP22q 10 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. Adequate site circulation, parking, and landscaping are provided; as well as sufficient area to appropriately construct the proposed structure, reference proposed Plot Plan No. 224, Exhibit E of the Staff Report. The project, as designed and conditioned, will not adversely affect the public health or welfare; nor will it adversely impact the built or natural environment as determined in the initial Environmental Assessment of this proposal. Reference the attached project Conditions of Approval and I nitial Environmental Study. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations, and reflects design aspects currently existing in the proposal's general vicinity. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project site's primary frontage is on Winchester Road, a dedicated CalTrans right-of-way. Improvement of the abutting roadways shall be as per the City Engineering Department and CalTrans. The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. None are exhibited on the underlying parcel map, nor are easements evident on deed(s) describing the property in question. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Supporting documentation is attached. A: PP224 9 CZ-11 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, {herelnafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: a) The proposed Change of Zone will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Mitigated Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Ran being prepared at this time, due to the fact that the project is compatible with the surrounding proposed development, zoning, and SWAP. c) 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, due to the fact that the project is compatible with surrounding development and improvements. A:PP22~ 12 ATTACHMENT 1 RESOLUTION NO. 91- CZ-11 A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMENDING APPROVAL ZONE NO. 11 CHANGING THE ZONE FROM R-R I RURAL RESIDENTIAL) TO C-P-S ISCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF WINCHESTER AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 910-110-029, 031; 910-180-026, 027; AND 910-130-028, 029, 031. WHEREAS, Bedford Properties filed Change of Zone No. 11 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 June 17, 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 Change of Zone; NOW, THEREFORE, THE CITY OF TEMECULA PLANNING COMMISSION DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the City of 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 130) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: I1 ) The city is proceeding in a timely fashion with the preparation of the general plan. { 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A:PP22~ 11 CZ-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 17th day of June, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:PP22~ SZ-11 d) The site is physically suited for the proposed Change of Zone in that required infrastructure exists or is being provided in the area including commercial roadways, drainage facilities, and main sewer and water lines. e) The proposed Change of Zone is consistent with the SWAP designation of C { Commercial ). The zone change will be beneficial by providing an area for needed services and employment. D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study was performed for this project when 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 impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Zone Change No. 11 to change the zoning on 21~ acres of land from R-R { Rural Residential ) to C-P-S { Scenic Highway Commercial ) on property located at the northwest corner of Winchester and Margarita Roads. SECTION PASSED, APPROVED AND ADOPTED this 17th day of June, 1991. DENNIS CHINIAEFF CHAIRMAN A:PP224 13 P~-26852 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 ~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 Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. ~2) The Planning Commission finds, in approvlng 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. 26852 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: PP22u, 16 ATTACHMENT 2 PM-26852 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PARCEL MAP NO. 26852 TO SUBDIVIDE A 97.3 ACRE PARCEL INTO 13 PARCEL5 AND 2 REMAINDER PARCELS AT THE NORTHWEST CORNER OF WINCHESTER AND MARGARITA ROADS. WHEREAS, Bedford Properties filed Parcel Map No. 26852 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 June 17, 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 Parcel Map; NOW, THEREFORE, THE PLANNINC COMMISSION OF THE CITY OF TEMECULA DOE5 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: I1 ) The city is proceeding in a timely fashion with the preparation of the general plan. {2) The planning agencyfinds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A: PP22~ 15 PH-26852 12) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Mitigated Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surrounding proposed development, zoning and SWAP. c) 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,due to the fact that the project is consistent with surrounding proposed development. d) The proposed use complies with State planning and zoning law due to the fact that the project conforms to the current zoning for the site and to Ordinance No. u,60, Schedule E. e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and sufficient building area. f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoldably injure fish or wildlife or their habitat as determined in the initial study. A:PP224 18 PM-26852 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. u,60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. A: PP224 17 PM-26852 SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Parcel Map No. 26852 for the subdivision of a 97.3 acre parcel into 13 parcels located at the northwest corner of Winchester and Margarlta Roads subject to the following conditions: A. Attachment 3, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:PP22u, 20 P~-26852 g) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots are large enough to provide sufficient southern exposure with passive or active solar possibilities. h) All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Winchester and Margarita Roads. i) 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. The project will not interfere with any easements. j) The lawful conditions stated in the project~s Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. k) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As condltioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study was performed for this project when 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 impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration, therefore, is hereby granted. A: PP22~, 19 10. 11. ?M-26852 The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated April 2L~, 1991, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated April 15, 1991, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance ~,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 in the County Fire Department's letter dated March 7, 1991, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 12. Lots created by this subdivision shall comply with the following: 13. Lots created by this subdivision shall be in conformance with the development standards of the C-P-S ( Scenic Highway Commercial ) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety Department. 1Lt. The following notes shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory." "A Liquefaction Hazard Report I County Geologic Report No. 793) has been done for this site and is on file in the Planning Department.'~ A: PP22~ 22 PM-26852 ATTACHMENT 3 CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No: 26852 Project Description: 14 Lot Commercial Subdivision with 2 Remainders, on 97 acres located at the northwest corner of Winchester and Marqarita Roads. Assessor~s Parcel No.: 911-180-026 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 0,60, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 0,60. The expiration date is The subdivider shall submit one copy of a soils report to the City Engineer and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Provide reciprocal access, parking, drainage and maintenance ogreements between all the parcels through an REA or CC&R's prepared by the applicant, reviewed and approved by the Planning Director and City Attorney. Document to be recorded with the final map. A:PP224 21 18. 19. 20. 21. PM-26852 All building plans for all new structures shall incorporate, all required elements from the subdlvlslon's approved fire protection plan as approved by the County Fire Marshal. Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 26852, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdlvider 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. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A:PP22q. 2u., 15. 16. 17. PM-26852 Construction excavation has high potential to impact significant, nonrenewable paleontologlc resources. A qualified vertebrate paleontologist must be retained to develop a mitigation program prior to issuance of grading permits. Prior to the issuance of BUILDING PERMITS the followin9 conditions shall be satisfied: I1) 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. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. 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. The applicant shall comply with the recommendations outlined in the San Bernardino County Museum transmittal dated May 6, 1991. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: A:PP224 23 29. 30. 31. 32. 33. 34. 35. 36. PM-26852 Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; CalTrans; 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. Margarita Road from Highway 79 to the proposed bridge over Santa Gertrudis Creek shall be improved with full improvements or bonds for the street improvements may be posted, within the dedicated right-d-way in accordance with County Standard No. 100 186'/110'). In the event that Winchester Road {Highway 79) is not constructed by Assessment District 161 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements pl us one 18 foot lane per CalT rans Standard | 110'/134' ). The improvements shall be constructed per CalTrans letter dated March 14, prior to occupancy. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Vehicular access shall be restricted on Winchester Road (Highway 79) and Margarlta Road and so noted on the final map with the exception of access points and public street intersections as approved by the City Engineer and CalTrans. 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. An easement for a joint use driveway shall be provided prior to approval of the Final Map. A: PP224 26 PM-26852 22. 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 A B 3158, required by Fish and Game Code Section 711. u,( 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 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.41c). 23. Dedicate right-of-way along Winchester Road along remainder parcel. The applicant shall comply with recommendations set forth in the County Geologist transmittal dated April 23, 1991. 25. A 25 foot wide transportation corridor easement shall be dedicated along Winchester Road. 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. 26. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 27. 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: 28. 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; A:PP224 25 ~-5. q-6. ~7. q8. u,9. 50. 51. 52. 53. 54. 55. 56. 57. PM-26852 The minimum centerline radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 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 centerline street grade shall be 0.50 percent. 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 as determined by the City Engineer and shall be shown on the street improvement plans in accordance with County Standard L~00 and Lffil {curb sidewalk). 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 2~," x 36" mylar by a Registered Civil 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 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-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." As deemed necessary by the Engineering Department, 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. A: PP224 28 37. 38. PM-26852 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. A Notice of Intention to form and/or join the Landscape and Lighting District shall be filed with the City Council. The engineering costs involved in District information shall be borne by the developer. 39. Notice of Intention to join the median island Landscape Maintenance District shall be filed with the City Council. The engineering costs involved in District information shall be borne by the developer. 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. All trails, as required by the City's Master Plans. f. Undergroundlng 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. Street names shall be subject to the approval of the City Engineering Department. A:PP22u, 27 ?M-26852 68. A permit shall be required from CalTrans for any work within the following right-d-way: Winchester Road ( Hiqhway 79) 69. A permit from the County Flood Control District is required for work within its right-of-way. 70. Should this project lie within any assessment/benefit district, the applicant shall prior to recordation make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. PRIOR TO BUILDING PERMIT: 71. 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. 72. 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. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated ~assuming benefit to the project in the amount of such fees). By execution of this Agreement. developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. A: PP22~ 30 PM-26852 58. The subdlvlder 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. 0,60 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Engineering Department. 59. 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. 60. The site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula regarding flood damage protection for development within a Flood Zone which may include obtaining a letter of map revision from FEMA. 61. The developer shall record an Environmental Constraint Sheet delineating the area within the lO0-year floodplain. 62. Prior to final map, the subdivider shali 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: 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 Engineeris Office. 60,. 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. 65. 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. 66. Prior to any work being performed, an application for a Development Permit shall be submitted per Flood Damage Prevention Ordinance 91-12 of the City of Temecula. All requirements of this ordinance shall be complied with as directed and approved by the City Engineer. 67. 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:PP220, 29 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT April 15, 1991 J.F. Davidson Associates, PoSt Office Box 340 TemeCula, CA 92390 Inc. Attention: David B. Saari Ladies and Gentlemen: Re: Parcel Hap 26852 Plot Plan 224 City of Temecula You have sent us material regarding these cases for our "review as a Land Use case and as a land subdivision". We do not make floodproofing recommendations or write flood hazard reports for projects in incorporated cities. But it is appropriate that we comment on Santa Gertrudis Creek Channel since we are tnvolved with the flood control aspects of Assessment District 161. We have recently approved the plans for Santa Gertrudis Creek Channel, The channel will capture and safely convey the 100 year storm runoff in that stream when it has been constructed in its entirety according to plans, and when surrounding land developments have been brought up to grade as proposed. If the project is constructed in stages, as we understand is now being considered, additions1 study would be necessary to determine its performance. It should also be noted that Assessment District 161 has not yet made application for a Conditional Letter of Hap Revision (CLOHR) from the Federal Emergency Management Agency (FEMA). Properties within the FEMA mapped floodplain will remain subject to flood insurance requirements until FEMA has issued & letter of Map Revision (LOHR), and the District cannot guarantee that FENA will find the proposed improvements acceptable. The District will not accept the Santa Gertrudis Channel for operation and maintenance until it has been completed, all the channel has been completed, approval by FEMA. City of Temecula Engineering Department Bedford Properties Attn: Greg Erickson RANPAt Attn: Chuck Collins necessary grading adjacent to and the improvements have been r~;u~, OHN H. KABHUBA · r Civil Engineer JNK:Dln PM-26852 PRIOR TO iSSUANCE OF CERTIFICATES OF OCCUPANCY: 74. 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. 75. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 76. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. Transportation Engineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 77. A signing and striping plan shall be under design by a registered Civil Engineer for approval by CaITrans and the City Engineer for Winchester Road tHighway 79) and Margarita Road and shall be included in the street improvement plans as determined by the City Engineer. PRIOR TO ISSUANCE OF OCCUPANCY PERMITS: 78. All signing and striping shall be installed and functional per the approved plans and as approved in the field by CalTrans and the City Engineer. A:PP224 31 2, A~] pavemQn~s tnd ~ncvete ~lab~ sha~ be co,~t. YuctQ~ o~ 3, Cuutin~u8 footings ~hall ~ ~ minimum 12 inches ~ide and 1~ inches Mlow lowe~ adJ~-en~. gra~e, I~-] ate~ toorings presu~re for these footings ~der c,,abine~ dead preocure ~y be inCrea~ ~ 10 per,.:~t~t to: ea~'h depth Up to maximum o~ 3~o0 ~5~. ~. Concre%~ s~abs -on- qrsr{e shall have a minimum thickness Ot · ln~he5 nomintl for %igh~ly loMded Fill ~lopes ~hall b* properly keyes, belsch,d compacted with ~ain~ye devices Inst. allc~ In With O~apter 70 ~ th~ l~tOet Un/rOL~ Building Code and App~xxd{w E Q~ YO~ report, manner and sat ~ ~fies ~he addit ~ one 1 inform- t ion requested under California ~v{To~ental ~-~lity AG~ =evil, final apuroval o= the ~epor~ IS h~re~ given, liq~efac~,'on hazard~ shall be adhered to conc~ru~Jon of ~hQ pxo~ct. truly yourd RIVERSIDR CO~'Y P NG O~ Joseph~~ar~e, P ann' mitigation of City e~ Temecula, ~lann.(nq -Steve Jiannino Herton & ~umanscfz Aruh~ecto - Russell RumansgEf :IiVE:I iDE COrJn ',u April 23, 1991 Ranpac Soils, Inc. 41710 Enterprise Circle South Temecula, CA 92390 Attention: Christopker Krall Won 8. Subject: Liquefaction Hazard Work Order NO- 690-161 Plot Plan 224 A.P.N.: 910-110-029 County Ceolcgic Report No. City of Temecula 793 Gentlemen: We have reviewed the liquefaction aspects of your report entitled "Preliminary Geotechnical Investigation, Margarita Meadows Commercial Center, Winchester and Margarita Road, Temecula, CA," dated November 1, 1990. · Your report determined that: 1. The potential for liquefaction of the subsurface soils at this site during a seismic event is considered to be moderate. The most significant effect of liquefaction at the site would be settlement of the ground surface. Indicated settlement on the order of one inch would be possible on localized areas of the site. Differential settlement at the site from zero to One inch is likely to occur across distances of 300 feet or more. 3; other effects of liquefaction including loss of bearing ca~acity, sand boils and lateral spreading are considered unlikely. Your report recommended that: All foundations shall be constructed entirely in compacted fill. The depth of fill shall extend a minimum of two footing widths beneath the base of the footing witha minimum of 2 feet and maximum of 8 feet. The area of recompaction shall extend five feet' outside the foundation.perimeter. ~.0.~"' !_EMON STREET, ~TH FLOOR IPOR!:'/' 92' * ;/'c:J733 COUNTRY 'CLUB DRiV_E; 'SUITE E ' BERMUDA DUNES, CAUFORNIA 9220' ((.. ?,z2.B2T The Water District access shall be a Caltrans standard N8-A, Case A, type of driveway, Curb returns are not permitted. Details and elevations of the proposed Pylon Signage at the Site Entry from SH 79 must be submitted a part of the Permit application package. In addition to the above-noted concerns, this office must see the following: a) b) c) d) e) f) Conditions of Approval Grading and drainage Plans (not conceptuals) A copy of any documents providing additional State R/W A copy of the Traffic Study A check print of the Parcel Map (not Tentative Map). The map need not be signed and recorded, but must be stamped with the City's "Stamp of Approval". A check print of any plans for improvements within the State R/W (including Landscaping Plans) If you should have any questions, please call Mr. Ahmad Salah or Mr. Mike Sim at (714) 383-4384. Thank you for your cooperation. Sincerely, Tim Chowdhury District Development Review Engineer DISTRICT 8,P.O. BOX 233 8AN BMRNA~DINO, CA 92402 TDD {7=4) 383-4609 PETE WlLSO~L $overnor April 16, 1991 08-Riv-79-R2.86/R3.18 Planning Department Attention: Steve Jiannino City of Temecula 43180 Business Park Drive, Suite 200 Temecula, CA 92390 Your Reference: Plot Plan 224, Parcel Map 26852, Change of Zone 11 Dear Mr. Jiannino: An Encroachment Permit will be required for the proposed Signage and Landscaping within the State R/W. In addition, Development Review branch has the following concerns: Grading, Caltrans' ~he connection to State Highway 79 (SH 79) called out as a 50' Driveway, approximately 1200 feet southwest of Margarita Road, must be a street connection, not a driveway, as shown on Permit application 90-1868 and as agreed to in several previous meetings between Caltrans personnel and JF Davidson engineers. Access to the proposed development must be taken off this local street, not off of the State highway. Perhaps the developer might consider a cul-de-sac configuration to accomplish this. The Traffic Study done for Assessment District 161 (widening of Winchester Road) by Kunzman and Associates did not study this intersection to determine the need for signalization. If signals are to be constructed, warrants must be met. The access shown approximately 500 feet southwest of margarita Road is intended to serve the Rancho California Water District property only. It may not be used as an additional access to the proposed development. Also, it must conform to the configuration shown on Permit application 90-1868 (see attached, highlighted mockup of that access point). WE REQUEST THAT THE ITEMS CHECKED BELOW BE INCLUDED IN THE APPI~CVi~L FOR THIE PRC~TECT: / /,,,-/ NORHAL RIGHT OF ~AY DEDICATION TO PROVIDE ~;;;;r HALF--~IDTN ON THE STATE HIGHSdAY. / ~TORHAL STREET IMPROVEMENTS TO PROVIDE ~"~' HALF--~/IDTH ON THE STATE HIGHWAY, ~ CURB AND GUTTER, STATE STANDARD/V/~--/~t TYI)E/t~2--~ ALONG THE STATE HIGHUAY, __ 11)ARKING SHALL DE PRQNISITED ALONG THE STATE HIGHHAY BY PAINTING THE CURS RED AND/OR SY THE PROPER PLACEMENT OF NO PARKING SIGNS, RADIUS CURB RETURNS SHALL BE PROVIDED AT INTERSECTIONS ~ITR THE STATE HIGINAY, STATE STANDARD MHEELCHAIR RAMPS SHALL BE PROVIDED IN THE CURB RETURNS, .~, POSITIVE VEHICULAR BARRIER ALONG THE PROPERTY FRONTAGE SHALL BE PROVIDED TO LIMIT PHYSICAL ACCESS TO THE STATE HIGHWAY, VEHICULAR ACCESS SHALL NOT BE DEVELOPED DIRECTLY TQ THE STATE HIGHWAY, VEHICULAR ACCESS TO THE STATE HIGN~4AY SHALL BE PROVIDED SY EXISTING PUSLIC ROAD CONNECTlORE, VEHICULAR ACCESS TO THE STATE HIGHSlAY SHALL BE PROVIDED BY STANDARD DRIVE~AY$o VEHICULAR ACCESS SHALL NOT BE PROVIDED VITNIN OF THE INTERSECTION AT DATE CO ]~TE Z)H) CONDITIONS QF VEHICULAR ACCESS TO THE STATE HIGN~4AY SHALL DE PROVIDED 8Y A ROAD--TYPE CONNECTION, VEHICULAR ACCESS CONNECTIONS SHALL BE PAVED AT LEAST WITHIN THE STATE HIGHWAY RIGHT OF WAY. ~Z~CCESS POINTS TO THE STATE HIGHHAY SHALL SE DEVELOPED IN A MANNER THAT MILL PROVIDE SIGHT DISTANCE FOR MPH ALONG THE STATE HIGH~iAY. LANDSCAPING ALONG THE STATE HIGHI4AY SHALL PROVIDE FOR SAFE SIGHT DISTANCEt CONPLY ~ITH FIXED QSjECT SET SACK AND BE TO STATE STANDARDS , ~i~ LEFT--TURN LANEt INCLUDING SHOULDERS AND ANY NECESSARY t~IDENIHGt SHALL BE PROVIDED ON THE STATE HIGHtdAY. ~1~ TRAFFZC STUDY INDICATING ON AND OFF--SITE FLGU PATTERNS AND VOLUMESt PROBABLE IMPACTS AND PRQPOSEO MITIGATION NEASURES SHALL BE PREPARED · ~)ARKIHG SHALL BE DEVELOPED IN A MANNER THAT WiLL NOT CAUSE ANY VEHICULAR NOVElRENT CONFLICTSt INCLUDING PARKING STALL ENTRANCE AND EXIT t ~ITHIN OF THE ENTRANCE FROB THE STATE HIGHWAY. CARE SHALL DE TAKEN UHEN DEVELOPING THIS PRONERTY TO PRESERVE AND PERPETUATE THE EXISTING DRAINAGE PATTERN OF THE STATE HIGHUAY, q~ARTICULAR CONSIDERATION SHOULD BE GIVEN TO CUFAJLATIVE INCREASED STORM RUNOFF TO INSURE THAT A HIGHHAY DRAINAGE PROBLEM IS NOT CREATED. //Z)LEASE REFER TO ATTACHED AODITIONAL COHHENTS, Z:>ROV'TD~. TO APDT.IC2~NT, STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8, P,O. BOX 231 SAN BERNARDINO, CALIFGENIA 92402 TDD (714) 383-4609 March 14, 1991 PETE WILSON, Govemor Development Review 08-Riv-79-R3.180 Your Reference: PP 224/PM 26852/CZ 11 Planning Department City Hall City of Temecula 43172 Business Park Drive Temecula, CA 92390 DEVELOPMENT REVIEW Thank you for the opportunity to review the proposed PP 224/PM 26852/CZ 11 located northwest corner of Winchester Road and Margarita Road near Rancho California area. Please refer to the attached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. Nahro Saoud of our Development Review Section at (714) 383-4384. TIM CHOWDHURY Chief, Developme~ Review Branch Att Date: March 13, 1991 Riv-79-R3.180 (Co-Rte-PM) PP 224/PM 26852 / CZ (Your Reference) 11 ADDITIONAL COMMENTS: We need cross-sections at 50 ft intervals, from 100 ft each side of the project limits, within state Right-Of-Way (R/W). The cross- sections must conform to the requirements of the attached "HANDOUT". The caltrans Right-Of-Way (R/W) line must be shown and labeled on the next submittal. The driveways connections should be compatible with the existing and future road system of the area. The centerline of proposed driveway shown approximately 520 ft southwesterly of Margarita Road must be located and constructed as shown on PERMIT NO 90-1868, SHEET NO 5. The Rancho California water district property shall not have a separate access to state highway. Show the existing state stationing along the highway centerline according to the stations shown on PERMIT NO 90-1868. e The Right-OF-Way in the Vicinity of Rancho California water district property does not agree with our record. The proposed driveway shown northwest of Winchester Road (h~qY 79) must accommodate the DETECTOR SETBACK requirements See attached sheet). State law requires Outdoor Advertising clearance for signs proposed adjacent to interstate and primary highways. Clearance must be obtained form: Highway Outdoor Advertising Branch California Department of Transportation 1120 N street Sacramento, CA. 95814 (916) 445-3337 CONSTRUCTION/E EMOLITION WITHIN PRESENT OR PROPOSED STATE RIGHT OF WAY SHOULD BE INVESTIGATED FOR POTENTIAL HAZARDOUS WASTE ( I · E · ASSESTOS i pETROCHEMIGAL$; ETC · ) ANO MITIGATED AS PER REQUIREMENTS OF REGULATORY AGENCIES, WHEN PLANS ARE SUBMITTEDt PLEASE CONFORM TO THE REOUIRENENTS OF THE ATTACHED II~'T, ANDOUT'. THIS WILL EXPEDITE THE REVIEW PROCESS AND TIME REQUIRED FOR PLAN CHECK, Plc~C)V"FD*P. TO APPl',ZC35,,I%TT, ALTHOUGH THE TRAFFIC AND/OR DRAINAGE GENERATED BY THIS PROPOSAL DO NOT APPEAR TO HAVE A SIGNIFICANT EFFECT ON THE STATE HIGHWAY SYSTEMs, CONSIDERATION MUST GE GIVEN TO THE CUMULATIVE EFFECT OF CONTINUED DEVELOPMENT IN THIS AREA, ,~d4Y MEASURES NECESSARY TO MITIGATE THE CUMULATIVE IMPACT OF TRAFFIC AND/OR DRAINAGE SHALL BE PROVIDED PRIOR TO OR WITH DEVELOPHENT OF THE AREA THAT NECESSITATES THEM, CONSIDERATION SHALL BE GIVEN TO THE PROVISION ,, OR FUTURE PROVISION ~, OF SIGNILIZATION AND LIGHTING OF THE iNTERSECTION OF NO THE STATE HIGHLY kliEN ~RRANTS ARE MET, ./,//IT APPEARS T.AT T.E TRAFFIC A.O/OR D,AI.AGE GE.EMATEO SY T.IS P, OSAL COULO .AVE A SI.,EI..T EFFECT O. THE STATE HIGHWAY SYSTEM OF THE AREA. ANY MEASURES TO MITIGATE THE TRAFFIC AND/ON DRAINAGE IHPACTS SHALL BE iNCLUDED kJITH THE DEVELOPMENT · THIS PORTION OF THE STATE HIGHWAY IS INCLUDED IN THE CALIFORNIA MASTER PLAN OF STATE HIGHWAYS ~.LIGIGLE FOR OFFICIAL SCENIC HIGHuAY DESIGNATION AND IN THE FUTURE YOUR AGENCY MAY WISH TO NAVE THIS ROUTE OFFICIALLY DESIGNATED AS A STATE SCENIC HIGHWAY · THIS PORTION OF THE STATE HIGHWAY HAS BEEN OFFICIALLY DESIGNATED AS A STATE SCENIC HIGHWAYt AND DEVELOPMENT IN THIS CORRIDOR SHOULD BE COMPATIBLE WITH THE SCENIC HIGHWAY CONCEPT · ZT IS RECOGNIZED THAT THERE IS CONSIDERABLE PUBLIC CONCERN ABOUT NOISE LEVELS ADJACENT TO HEAVILY TRAVELLED HIGHWAYS, T,,,AND DEVELOPMENTt IN ORDER TO BE COMPATIBLE WITH THIS CONCERNr NAY REQUIRE SPECIAL NOISE ATTENUATION MEASURES, DEVELOPMENT OF THIS PROPERTY SHOULD INCLUDE ANY NECESSARY NOISE ATTENUATION, /._,,/ CALTRANS DISTRICT 8 DEVELOPMENT PJ~VIEW BRANCH P,O, BOX 231 SAN BERNARDINO, CA 92402 A COPy OF ANY CONDITIONS OF APPROVAL OR REVISED APPROVAL · A COPY OF ANY DOCUMENTS PROVIDING ADDITIONAL STATE HIGHWAY RIGHT OF WAY UPON RECORDATION OF THE MAP, ANY PROPOSALS TO FURTHER DEVELOP THIS PROPERTY · A COPY OF THE TRAFFIC OR ENVIRONMENTAL STUDY, A CHECK PRINT OF THE PARCEL ON TRACT MAP, CHECK PRINT OF THE PLANS FOR ANY IMPROVEMENTS WITHIN OR ADJACENT TO THE STATE HIGHWAY RIGHT OF WAY. CHECK PRINT OF THE GRADING AND DRAINAGE PLANS FOR THIS PROPERTY WHEN AVAILABLE, ' FIRE DEPARTMENT _. 210 WEST SAN JACINTO AVENUE "PERRIS, CALIFORNIA 92370 ~ (714) 657-3183 GLEN J. NEWMAN FIRE CHIEF March 7, 1991 TO: ATTN: RE: City of Temecula Planning Department CZ i1 & PM 26852 The Riverside County Fire Department has no comments regarding the above referenced projects. All fire protection requirements will be addressed on related Plot Plan 224. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist LC/tm ~2] LNDIO OFFICE 79-733 Country Club Drive, Suite F, Indio, CA 92201 (619) 342~886 · FAX (619) 775-2072 PLANNING DIVISION [22] TEMECULA OFFICE 41002 County Center Drive, Suite 225, Temecula, CA 92390 (714) 694-5070 · FAX (714) 694-5076 [2] RIVERSIDE OFFICE 3760 12th Street, Riverside, CA 92501 (714) 275~t777 * FAX (714) 369-7451 ~ ~tit~ted on recycledpaper q~f9 [" 0 o, tv of Temecuia E'aqe Two ATTN: Steve Jlannzno April 24, 1!991 Satzsfactor¥ Laboratory tests geneca/ phVszca!, and qenera! mlnecal) to Drove the water Dotable. A complete set of plans showzng all JeLalis of the proposed and existing water systems: sizes and types of ~lpe and calculations showing that adequate ~uantlty and pressLiFe can be maintained (California Waterworks Standards Caltfornza Health and Safety Code and California administrative Code, Title 22). lhe~e plans must be s~qned by a reGIstered cIv1c enelBeer. SM:dr County of Riverside DEPARTMENT OF HEALTH ]l: CITY OF TEMECULA A' TN: :Steve _7~a. nnino FIlM: ' ' Dameat ~ [ IE: 1ATE: B The 5]nvlF,~nmen,~al Health ~_lervlzes Dlvlslen haz reviewed ~>,e FaF,:ei Mar_, No, j!5~5~: for this preTect and !etteF ~s flied. The feqr.I~rement5 for a :~AN 53 letter Board. N¢~TE= For oronects within the '-jan Diean Water Qualltv Contr~i Board ~hal [ be required pF~©[ LO Issuance of a SAN 5 ~, ],. i~o CoDles Or' the Parcel Map. :'will-serve" letter from the aqlencV/agencies servina potable water . :~hould the project be served sanitary sewer services, this Department would need on!y: A "w~ll-seFve" letter from the One comv of the tentative maD. [f the oresect it to De served water bv existing wells, DLImDS and wateu tanks. a water SLID~[V Dermlt wl!l be cec{LllPed ~contact the EHSD, Engineering Section at 275- ~9~0). The requirements for a water supply permit aF~ jack rabbit cottontail shrew squirrel kanF~aroo rat poe].~et gopher wood rat, vole king snake rattlesnake pond turtle toad chub fish land snail Methods The field assessment was conducted on May 3, 1991, by Quintin Lake, Musetm~ Tech II of the San Bernardinc, County Museum. He has had previous experience in paleontologic resource assessments and salvage in San Bernardino and Riverside counties. Parcel ~ 21361 was h]sF, ected by foot traverses at. approximately 30 meter jntervals. Recent alluvitm~ was verified to occur on the parcel in association wit]] the Santa Gertrudis stream bed as was the presence of coarse to meditml-grained sands interpreted to · represent the Pauba Formation. Results and Recommendations Available geologic literature describes the Pauba Formation as fossiliferous. Resource localities in the Regional Paleontologic Locality Inventory indicate that the Pauba Formation is very fossiliferous in the Murrieta-Temecula area. Construction excavation has high potential to impact significant, nonrenewable paleontologic resources on the Temecula parcel. The ~developer must retain a qualified vertebrate paleontologist to develop a program of mitigation fox' the parcel which will conform to the ~uidelines of CEQA and Riverside County. The impact mitigation program must include, but not be limited to: 1. Monitoring of excavation in areas identified as likely to contain paleontoloEic resources by a qualified paleontoloEic monitor. The monitor should be equipped to salvage fossils as they are unea~-thed to avoid construction delays and to remove samples of sediments which are likely to contain the remains of small fossil mammals. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. The most cost-efficient method of salvage of small fossils is to remove sediments containing the fossils to stockpiles offsite. The fossils can be removed by screen washinp elsewhere while excavation continues on site.  COUNTY OF SAN BERNARDINO Director May 6, 1991 BCI General Co,ltract-ol's attn: Rick Finken 28765 Single Oak Drive, Suite 200 Temecula, CA 92390 re: PALEONTOLOGIC ASSESSMENT, PARCEL MAP ~ 2a-3/o~, RANCHO CALIFORNIA AREA, RIVERSIDE COUNTY Dear Mr. Fin]<en, At your reqnest, the San Bernardino County Musetin, has conducted a paleontoloSic assessment, includinEa search of pertinent geologic literature, a review of the Regional Paleontologic Locality Inventory, and a field survey for parcel ~ 21361, a 29- acre parcel in Rancho California, Riverside County. The parcel is on the northwest side of Winchester Road between Ynez Road and Franklin Avenue. Specifically, the parcel is within Township 7 South and Range 3 West. and if projected, falls within the southeast quarter of section 21, as shown on the Murrieta, CA 7.5 minute USGS topographic quadrangle map. Background Previous geologic mapping by Mann ( 1955 ) and Kennedy ( 1977 ) indicate that the parcel is located on recent alluviLml and oil or 'near the Pauba Formation. These authors report fossil Pleistocene horse. The Pauba Formation overlies the Bi:shop Ash and thus is less than 700,000 years BP. Review o~ the hegional Paleontologic Locality Inventory at the Sail Bernardino County Museum does not indicate that previous paleontologic resource a.~sessment5 have been conducted for the Temecula parcel and that no paleontolo,gic localities are recorded within one mile of the parcel. However, more than 200 paleontolosic resource localities are known from the Pauba Formation in the Murl'ieta-Temecula area. The Pauba Formation unconformably overlies the Unnamed Sandstone. The faunal assemblage from the Pauba Formation in the Temecula- Murrieta area, sunm~arized below, suggests a late Irvingtonian/early Rancholabrean LMA in contrast to the early- late Irvingtonian fauna from the Unnamed Sandstone in the California Oaks area (Reynolds and Reynolds, 1990). M, Llnpe;"otor . imperial manm~oth mastodon large camel llama pronghorn deer large horse small horse SAN BERNARDINO COUNTY MUSEUM 2024 Orange Trae~[l~ ,6R, ed~q~t~t:~A 92374 · (714} 798~8570 · 422-1610 COUNTY OF SAN BERNARDINO GENERAL SERVICES AGENCY DR, ALLAN D, GRIESE~' Director INVOICE: ½050.0506.1 To: BCI General Contractors attn: Rick Finken, Project Manager 28765 Single Oak Drive, Suite 200, Temecula, 92390 For: PALEONTOLOGIC RECORDS SEARCH, PARCEL 21361, RANCHO CALIFORNIA, RIVERSIDE COUNTY Regional Paleontologic Locality Inventory access and first hour: Field survey, 3 hrs @ $32./hr Mileage, 115 mi @ .38/h~ Report, 3 hrs @ $32./hr "i' fee $50.00 96.00 ~3.70 96.00 TOTAL $285.70 2. Preparation of recovered specimens to a point of identification, including washing of sediments to recover small vertebrates. This will allow the fossils to be described in a report of findings and reduces the volume of matrix around specimens being sto~ed. 3. Identification and curation of specimens into an established nluseum repository with retrievable storage. t~. Prelz. aration of a report o~ findings with an appended itemized inventory iD~ specimens. The report and inventory, wheu submitted t-o the aF, proF,riate Lead Agency, signifies completion of the F, rogram to mitigate impacts to paleontologic resources. References cited Kennedy, M.P., 1977. Recency and character of faultinE along the Elginere fault zone in southern Riverside County, California. California Division of Mines and Geology Special Report 131: 12 p, Mann, J.F., 1955. GeoloEy of a F, ortien of the Elsinore fault zoue, California. California Division of Mines Special Report. ~3: 22 p. Reynolds, R.E. and R.L. Reynolds, 1990. Irvingtonian? faunas from the Pauba Formation, Temecula, Riverside County, California, in Abstracts of Proceedings, 1990 Mojave Desert Quaternary Research Symposium. Redlands, San Bernardino 2 -, -y Mtlse~m~ ~so~-iatien Quarterly, 37 ( 2 ): 37. leen ~,~ Pl~oject Manager Earth Sciences PP-224 ~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. 12) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Plot Plan No. 224 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: PP224 33 PP-224 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, in recommending approval of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 22u· will be consistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as proposed, conforms with existing applicable city zoning and development ordinances. Further, the proposal is characteristic of similar development approved by the City to date. b) There is not a likely probability of substantial detriment to, or interference with the City~s future General Plan, if the proposed use is ultimately inconsistent with the plan. The project is of insignificant scale in context of the broad goals and direct(yes anticipated in the Cityis General Plan. c) The proposed use or action complies with State planning and zoning laws. Reference local Ordinances No. 3~8, q60; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law), A: PP22~ 34 d) e) f) g) h) PP-224 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. Adequate site circulation, parking, and landscaping are provided; as well as sufficient area to appropriately construct the proposed structure, reference proposed Plot Plan No. 224, Exhibit E of the Staff Report. The project, as designed and conditioned, will not adversely affect the public health or welfare; nor will it adversely impact the built or natural environment as determined in the Initial Environmental Assessment of this proposal. Reference the attached project Conditions of Approval and Initial Environmental Study. The proposal will not have an adverse effect on surrounding property, because it does not represent a .significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations, and reflects design aspects currently existing in the proposal's general vicinity. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project site's primary frontage is on Winchester Road, a dedicated CalTrans right-of-way. Improvement of the abutting roadways shall be as per the City Engineering Departmen. t and CalTrans. The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. None are exhibited on the underlying parcel map, nor are easements evident on deed( s ) describing the property in question. A: Pp22u, 35 PP-22~ ~) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Supporting documentation is attached. 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 recommends approval of Plot Plan No. 224 to construct a 149,500 square feet commercial center located at the northwest corner of Winchester and Margarita Roads subject to the following conditions: A. Attachment 5, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNINC COMMISSIONERS A: PP224 36 PP-224 ATTACHMENT 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 22u, Project Description: Retail Center of approximately 150,000 square feet. Assessor's Parcel No.: 910-110-029 and 910-180-019 Pianninq Department The use hereby permitted by this plot plan is for 3 buildings for 115,280 square feet; 23,916 square feet; and 10,500 square feet. 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. 22u,. The City of Temecula will promptly notify the permlttee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permlttee 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. 22~ marked Exhibit E, 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:PP22u, 37 10. 11. 12. 13. PP-22~ Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated March 11, 1991, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control Distrlct~s transmittal dated April 15, 1991, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 5L~6 and the County Fire Warden~s transmlttal dated April 23, 1991, a copy of which is attached. The applicant shall comply with the recommendations set forth in the County Geologist's transmittal dated April 23, 1991, a copy of which is attached. Prior to the issuance of 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. Landscape plans shall conform to conceptual landscape plans marked Exhibit G. 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. 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 71~9 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3~,8. 7u,9 parking spaces shall be provided as shown on the Approved Exhibit E. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on Ll inches of Class II base or as may be recommended by a qualified Soils Engineer. A minimum of 9 handicapped parking spaces shall be provided as shown on Exhibit E. Each parking space reserved for the handicapped shall be identified by a permanently affixed raflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, A: PP22~, 38 15. 16. 17. 18, 19. 20. 21. 22. PP-224 or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone " In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health Rancho Water District CalTrans 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 Plannin9 Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit F. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit F {Color Elevations). 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. A: PP22u, 39 PP-Z2# Jm height of 36 inches from the parking space finished lawelk. A sign shall also be posted in a conspicuous ce to the off-street parking facility, not less than 17 clearly and conspicuously stating the following: vehicles not displaying distinguishing license plates issued for physically persons may be towed away at owner~s ~wed vehicles may be reclaimed at or by telephone ~ove requirements, the surface of each parking place shall ~tificatlon sign duplicating the Symbol of Accessibility in ,st 3 square feet in size. ~ce of building permits, the applicant shall obtain clearance om the following agencies: ,apartment Department ~ntal Health ater District School District Riverside County Flood Control Fire Department Eastern Municipal Water District ~ication for a Sign Program shall be submitted and approved by ireclot prior to occupancy. ~tions shall be in substantial conformance with that shown on d in the construction of all buildings shall be in substantial with that shown on Exhibit F {Color Elevations). equipment shall be shielded from ground view. Screening be subject to Planning Department approval. Jclosures shall be constructed prior to the issuance of occupancy ~ach enclosure shall be six feet in height and shall be made with ,ock and a steel gate which screens the bins from external view. ng plans shall incorporate the use of specimen canopy trees along within the parking areas. , lights and other outdoor lighting shall be shown on electrical plans :1 to the Department of Building and Safety for plan check approval I comply with the requirements of Riverside County Ordinance No. 39 'or liq~Zf~ r, ?rnent of B ' io.n zone. p aPPlicant she ~ ' . area. The nce securitie . ~nce with the antee the d ' I~be filed ne Year she PProved ~ired/andsca e ~dltlon acce ~ Planhn9 P ~ter, shall ~e install~ ~rior to occupancy the Pro]ec, includes usand, ~; Dh~~~ )~~~~S~ PP-224 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.~,lc). 31. A minimum of seven (7) loading spaces shall be provided as shown on approved Exhibit E. 32. A plot plan application must be processed for any approvals for any additional buildings other than the three approved by this plot plan. 33. Dedicate a 25 foot wide transportation corridor easement along Winchester Road prior to issuance of building permits. The applicant shall comply with the recommendations outlined in the San Bernardino County Museum transmittal dated May 6, 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. 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 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 2LPx36" mylar by a Registered Civil Engineer. A: PP224 o.-1 37. 38. 39. 46. 47. q,8. PP-224 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. Prior to any work being performed, an application for Development Permit shall be submitted per Flood Damage Prevention Ordinance 91-12 of the City of Temecula. All requirements of this Ordinance shall be complied with as directed and approved by the City Engineer. 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 and all appropriate agencies. 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. Street improvement plans including parkway trees and street lights prepared by a Registered Civil Engineer and approved by the City Engineer and all appropriate agencies 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. Prior to any work being performed on the private parking areas 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-d-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. Winchester Road ( Highway 79) A: PP22u, 49. 50. 51. 52. 53. 54. 55. 56. 57. PP-224 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. All trails. as required by the City's Master Plans. f. Undergrounding of existing and proposed utility distribution lines. The developer shall comply with the requirements of the City Engineer based on the recommendations of the Riverside County Flood Control District. A permit from the Riverside County Flood Control District is required for work within its 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. The developer shall obtain an encroachment permit from Riverside County Flood Control District to outlet storm flows directly into the flood control channel. 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. As deemed necessary by the Engineering Department, a copy of the improvement plans, grading plans and final map, alon9 with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 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. A: PP224 L~3 PP-224 58. The site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of unclerefrained depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula regarding flood damage protection for development within a Flood Zone "A", which may include obtaining a letter of map revision from FEMA. PRIOR TO ISSUANCE OF BUILDING PERMIT: 59. 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. 60. 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. 61. If deemed necessary by the Engineering Department, private drainage easements for cross-lot drainage shall be required and shall be recorded. 62. Vehicular access shall be restricted on Winchester Road {Highway 79) and Margarita Road with the exception of access points and public street intersections as approved by the City Engineer and CalTrans. 63. In the event that Winchester Road (Highway 79) is not constructed by Assessment District 161 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 18-foot lane per CalTrans Standards I110'/13~,' ). The improvements shall be constructed per CalTrans letter dated March llk prior to occupancy. Margarita Road from Winchester Road (Highway 79) to the proposed bridge over Santa Gertrudis Creek shall be improved with full improvements, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 100 (86~/110'). 65. 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. 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 EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing A: PP22~, uA PP-224 this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated [assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 67. A minimum centerline street grade shall be 0.50 percent. 68. improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. 69. All driveways shall conform to the applicable County of Riverside standards as determined by the City Engineer, and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 [curb sidewalk). 70. 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. 71. Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. 400 and 401. 72. 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. 73. This minimum centerline radii shall be 300 feet or as approved by the City Engineer. 74. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 75. Construct all 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. In the event road or off-site right-d-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the A: PP224 45 PP-224 developer's cost pursuant to Government Code Section 66u,62.5, which shall be at no cost to the City. 77. Corner property line cut off shall be required per Riverside County Standard No. 805. Transportation Enqineerin.q PRIOR TO ISSUANCE OF BUILDING PERMITS: 78. A signing and striping plan shall be under design by a registered Civil Engineer for approval by CalTrans and the City Engineer for Winchester Road (Highway 79) and Margarita Road and shall be included in the street improvement plans as determined by the City Engineer. 79. Plans for a traffic signal shall be under design by a registered Civil Engineer for approval by CalTrans and the City Engineer for the intersection of Winchester Road (Highway 79) and Margarita Road and shall be included for reference with the second plan check submittal of the street improvement plans. 80. Plans for a traffic signal shall be under design by a Registered Civil Engineer for approval by CalTrans and the City Engineer for the intersection of Winchester Road I Highway 79) and the approved entry point, and shall be included for reference with the second plan check submittal of the street improvement plans. 81. Traffic signal interconnect shall be under design by a Registered Civil Engineer to show 11/2" rigid conduit with pull rope, and #3 pull boxes on 200 foot centers along the property fronting Winchester Road ~ Highway 79). This design shall be shown on the traffic signal plans and must be approved by CaITrans and the City Engineer. PRIOR TO iSSUANCE OF OCCUPANCY PERMITS: 82. 83. All signing and striping shall be installed and functlonal per the approved plans and as approved in the field by CaITrans and the City Engineer. The traffic signal for the intersection of Winchester Road ( Highway 79) at the approved access point shall be operational and complete per the approved plans. The traffic signal interconnect shall be installed in place per the approved plans. A: PP224 46 T0: FROM: RE: County of Riverside DEPARTMENT OF HEALTH CITY OF TEMECULA ATTN: Steve .3:annino AM~tN,~ffEnvironmental PLOT PLAN N0. 224 DATE: Health Specialist IV The Environmental Health Services has reviewed Plot Plan No. 224 and has no ob.jections. Sanitary sewer and water services should be available in this area. Prior to any building plan submittals, the following items will be required: 1. "Will-serve" letters from the appropriate water and sewerlng 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. For specific reference, please contact Food Facility Plan examiners at (714) 358-5172). A q!.~.;~_._~.~.~L from the Hazardous Materials Management Branch Services (jon Mohoroski, 358-5055), will be required Indicating that the pFO~ect has been cleared for: a. Underground storage tanks. b. Hazardous Waste Generator Services. c. Hazardous Waste Disclosure (in accordance with AB 21~5). d. Waste reduction Management. SM:dr co: Jon Mohoroski, Hazardous Materials Branch RIVERSIDE COUNTY FIRE DEPARTMENT 2t0 WEST SAN J.~g3N~/O AVENUE, FERRIS, CALIFORNIA 92~ (~4) 6574183 GLEN J NEWMA~ "FIR~ C~ April 23, 19~1 CiTY OF TE~IECL~_A PLANNING DEPT PLOT PLAN 224 With respect rc the condi~ion$ of n~proval rsEardins the above reierenced ~lot pla~, the Fits Departmen~ reccm~ende the following fire prot~ction ~stsuree 5e provided In accordance wi~ Eiversida County Ordinances and/or recognized fire p~otectian standards: 1. The ~ire D~partmenu xs required to set s minimum fire flow the remodel or construction of ell ccmmercia! buildings using the ;raceduma established in Ord~namce 2. Provide or show there exists s water s~s'.am capabZs of delivering 4000 GPM for s 3 hour ~uration at 20 ;8~ residual operating pressure, which must be available before a:y combustible material is placed on the Job site, 3. A combi~ani~n of on-sits and off-sine super fire hydrants, ann a looped ayetam (6"X~"nlXn½), will be located not leas than 25 feet a~ong ap;rcvad vehicular trays!way_~. I%~e requited fire fl~ shall be available from any adjacent hydrant(e) in the system. a. THe ~aquired ~re flow ma~ be ad]uste~ at a laeer paint in labs petit or built~ia ~ire protection measures. 3. Ap~licanL,'~e~eloper shall furnish one cop~ of the ~atar ay~tem plans ~a Fir~ Department ~or review. Plans shall toniarm to th~ fire hydrant ~Tpe~, lc=atiOu and apac~ms, and, ~ha syaf~m shall meet th~ ~ire ~low matinee; an~ ~he local wa~er company ~th the foI!owi~ ce 'tillnation: ul cextiiy that the dag&2~ o~ th~ ~tar system is in accordance with ~he r~quiremen~s prescribed by uh~ Rivsrsi~a County ~ire D~partmenh" C~n,,/Ca~ Drive, .%hc ll]: Tabcub, CA 92390 (714) 694<~07C · FAX (714) 69,]076 ~r~, within 5C fee~ t~ a ~ydran~. am~ a minimum of 25 fee~ from the bui~Ing(~). A statement r~et the buildin~(f) will be automatically fire sp~inkle=e~ must be included on the t~tle pa~e of ~he buildin~ Install · supervised wa=s=f~w moniuozi~ ~Te alarm ayetom.' Plans :m~eZ be eubmi~te~ ~o the Fi~e Dapar=m,e~t £cr approval priorto lna=alla~ion, as pt: a Statement CHa~ ~he ~utldlng will be Su~oma~Lcally fire sprinklered muse epp~ac on :he title pa~e of the building plans. Occupancy separable= will be required ae per the UniEorm Building Code, ~ulldfn~ Code. 11. Certain desl~na=ed areas ~71il be required =o be maintained as fire lanes, !nsra!l portable flr~ extinSu~shers wl~h e minimum xttin~ oE 2A-IOEC, Conrad: a cerzifted e~rln~uieher company for proper placemem~ of equipmen=. Prior re the issuance of buildin8 permits, the e~plicant/d=v~lcper shall be responsible to submit a check or money order in the amount o~ $558.00 ~0 the Riverside County Fire Departmenu for plan check fee~. Prior to :he issuance of buildtel permits, uhe developer shall deposi=, with ~he ClOy o~ Tamecute, a check or money order e~ualin~ she sum of 25C per equate foot as mitiSaulon for Elre pro~ectlon impacts. This amount mue~ be submitted separe~e!? from the plan chec~ review fees, final conditions rill be addressed when bulldang plane are reviewed the ~uildtn8 and Sa{ety Office. All queer!one regarding eke meaniu2 of condi~ions shall be referred co the Planning and En&imeerinS s=a{f. RAYMOND .~. REGIS Chief Fire Depernmen~ Planner By ~ Laura Cartel, Fire Safety Specialist RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT April 15, 1991 J.F. Davidson Associates, Post Office Box 340 Temecula, CA 92390 Inc. Attention: David B, Sears Ladies and Gentlemen: Re ', Parcel Map 25852 Plo~ Plan 224 City of Temecula You have sent us material regarding these cases for our "review as a Land USe case and as a qand subdivision". We do not make floodproofing recommendations or write flood hazard reports for projects in incorporated cities. But it iS appropriate that we comment on Santa Gertrudia Creek Channel since we are involved with the flood control aspects of Assessment District 161. We have recently approved the plans for Santa Gertrudis Creek Channel. The channel will capture and safely convey the 100 year storm runoff in that stream when it has been constructed in its entirety according to plans, and when surrounding land developments have been brought up to grade ae proposed. Xf the project is Constructed in stages, as we understand is now being considered, additional study would be necessary to determine its performance. It should also be noted that Assessment District 161 has not yet made application for a Conditional Letter of Nap Revision (CLOMR) from the Federal Emergency Management Agency (FENA). Properties within the FEMA mapped floodplain will remain subject to flood insurance requirements until FEMA has issued a letter of Map Revision (LOHR), and the District cannot guarantee that FEMA will find the proposed improvements acceptable. The District will not accept the Santa Gertrudis Channel for operation and maintenance until it has been completed, all necessary grading adjacent to the channel has been completed, approval by FEMA. City of lemecula Engineering Department Bedford Properties Attn: Grab Erickson RANPAt Attn: Chuck Collins and the improvements have been r~m~~NYo;u~ ' OHN H. KASHUBA ' r Civil Engineer JHK:pln IjV I.I, iDE' April 23, 1991 Ranpac Soils, Inc. 41710 Enterprise Circle South Temecula, CA 92390 Attention: Christopker Krall Won S. subject: Liquefaction Hazard Work Order No. 690-161 Plot Plan 224 A.P.N.: 910-110-029 County Geologic Report No. City of Temecula 793 Gentlemen: We have reviewed the liquefaction aspects of your report entitled "Preliminary Geotechnical Investigation, Margarita Meadows Commercial Center, Winchester and Margarita Road, Temecula, CA," dated November 1, 1990. Your report determined that: The potential for liquefaction of the subsurface soils at this site during a seismic event is considered to be moderate. The most significant effect of liquefaction at the site Would be settlement of the ground surface. Indicated settlement on %he order of one inch would be Dossible on localized areas of the site. Differential settlement at the site from zero to one inch is likely to occur across distances of 300 feet or more. Other effects of liquefaction including loss of bearing capacity, sand boils and lateral spreading are considered ~nlikely. Your report recommended that: All foundations shall be constructed entirely in compacte~ fill. The depth of fill shall extend a minimum of two footing Widths beneath the base of the footing witha minimum of 2 feet and maximum of 8 feet. The area of recompaction shall extend five feet' outside the foundaticn,per.imeter. STREET, bTH FLOOR t,Ont,",' :'/9733 COUNTRY CLUB DRIV_E: ~Bb,, E BERMUDA DUNES, CALIFORNIA 922C (c" .'~2-~2' c~'Of'T R[U C':'r',' F'LA!U~!~!G [/EF, T. e~ ,'2~ l~l ~age 2 CtJntinuoue footings Shall be - minimum 1~ in~.hes Wine and inchCe ~low lowest adj~-en+- ~rade. Isnl ated ~ootin,j~ 1Ave %oad~ ~e ~OOO ~. ~3 ~owoble bearing preoCure m~y be increas~ ~y 10 pert~nt ~or each loot up to ~aximum ~f 3~00 psf. O~ 4 in~'hes nominal £or ~ightly lo~,]ed floors. IL is our opln{on that the report wa~ prepared in s compo~ent manner and satisfies th~ addit~onal inform-tion requested under the Calif~rn~ ~[v{ToPan~nta~ Q, ali~y Ac~ revi*w. Final aX~proval of the ~e~or~ ks h~'eby given- The recomm~.ndatione maa~ in your repor~ tot mitigation liq~c~actlo~ h~zards sh^ll ~c a~wr~ oonctructJon ~Z' the Fro~ct. DISTRICT 8,F.O, BOX SAN B=RMARDINO~ CA 92402 TDD (714) 383-4609 Aprll 16, 1991 08-Riv-79-R2.86/R3.18 Planning Department Attention: Steve Jiannino City of Temecula 43180 Business Park Drive, Temecula, CA Your Reference: Plot Plan Suite 200 92390 224, Parcel Map 26852, Chanqe of Zone 11 Dear Mr. Jiannino: An Encroachment Permit will be required for the proposed Signage and Landscaping within the State R/W. In addition, Development Review branch has the following concerns: Grading, Caltrans' ~he connection to State Highway 79 (SH 79) called out as a 50' Driveway, approximately 1200 feet southwest of Margarita Road, must be a street connection, not a driveway, as shown on Permit application 90-1868 and as agreed to in several previous meetings between Caltrans personnel and JF Davidson engineers. Access to the proposed development must be taken off this local street, not off of the State highway. Perhaps the developer might consider a cul-de-sac configuration to accomplish this. The Traffic Study done for Assessment District 161 (widening of Winchester Road) by Kunzman and Associates did not study this intersection to determine the need for signalization. If signals are to be constructed, warrants must be met. The access shown approximately 500 feet southwest of margarita Road is intended to serve the Rancho California Water District property only. It may not be used as an additional access to the proposed development. Also, it must conform to the configuration shown on Permit application 90-1868 (see attached, highlighted mockup of that access point). The Water District access shall be a Caltrans standard N8-A, Case A, type of driveway. Curb returns are not permitted. Details and elevations of the proposed Pylon Signage at the Site Entry from SH 79 must be submitted a part of the Permit application package. In addition to the above-noted concerns, this office must see the following: a) b) c) d) e) f) Conditions of Approval Grading and drainage Plans (not conceptuals) A copy of any documents providing additional State R/W A copy of the Traffic Study A check print of the Parcel Map (not Tentative Map). The map need not be signed and recorded, but must be stamped with the City's "Stamp of Approval". A check print of any plans for improvements within the State R/W (including Landscaping Plans) If you should have any questions, please call Mr. Ahmad Salah or Mr. Mike Sim at (714) 383-4384. Thank you for your cooperation. Sincerely, Tim Chowdhury c__ District Development Review Engineer STATE OF CALIFORNIAnBUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTA~ENT OF TRANSPORTATION DISTRICT 8. P.O. ~OX 231 SAN BERNARDINO, CALIFC~NIA 92402 TDD (7141 383-4609 March 14, 1991 Development Review 08-Riv-79-R3,180 PETE WILSON, Govemor Your Reference: PP 224/PM 26852/CZ 11 Planning Department City Hall City of Temecula 43172 Business Park Drive Temecula, CA 92390 DEVELOPMENT REVIEW Thank you for the opportunity to review the proposed PP 224/PM 26852/CZ 11 located northwest corner of Winchester Road and Margarita Road near Rancho CalifQrnia area. Please refer to the attached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. I'f any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. Nahro Saoud of our Development Review Section at (714) 383-4384. C OWDHURY Chief, Development Review Branch Art C~LTIt~NE DBV~I, OPX~NT ltJVIEW FON( YOUR lC~EFERENEE PLAN CHECKER WE REQUEST TIEAT THE ITENS APPROVXL FOI~ THIS PROTECT: DATE - CHECKED BELOW BE INCLUDED IN THE CONDITIONS OF NORMAL RIGHT OF WAY DEDICATION TO PROVIDE HALF--WIDTH ON THE STATE HIGHWAY, / NORMAL STREET IMPROVEMENTS TO PROVIDE ,.5"'~ HALF--WIDTH ON THE STATE HIGHWAY o CURB AND CUTTER, STATE STANDARD/t/"',~'A, TYPE ~2--~P" ALONG THE STATE N1GHWAYo PARKING SHALL BE PROHIBITED ALONG THE STATE HIGHWAY BY PAINTING THE CURB RED AND/ON BT THE PROPER PLACEMENT OF NQ PARKING SIGNS, RADIUS CURB RETURNS SHALL BE PROVIDED AT INTERSECT]ONE WITH THE STATE NIGHWAYo STATE STANDARD WHEELCHAIR RAMPS SHALL BE PROVIDED IN THE CURS RETURNS, A POSITIVE VEHICULAR BARRIER ALONG THE PROPERTY FRONTAGE SHALL BE PROVIDED TO LIMIT PHYSICAL ACCESS TO THE STATE HIGHWAY, VEHICULAR ACCESS SHALL NOT EE DEVELOPED DIRECTLY TO THE STATE HIGHWAY, VEHICULAR ACCESS TO THE STATE HIGHWAY SHALL BE PROVIDED BY EXISTING PUBLIC ROAD CONNECTIONS, VEHICULAR ACCESS TO THE STATE HIGHWAY SHALL BE PROVIDED BY STANDARD DRIVEWAYS, VEHICULAR ACCESS TO THE STATE NIGHWAY SHALL BE PROVIDED BY A ROAD--TYPE CONNECTION, VEHICULAR ACCESS CONNECTIONS SHALL BE PAVED AT LEAST WITHIN THE STATE HIGHWAY RIGHT OF WAY, ~,/ACCESS POINTS TO THE STATE HIGHWAY SHALL BE DEVELOPED IN A IqANNER THAT WILL PROVIDE SIGHT DISTANCE FOR _ NPH ALONG THE STATE HIGHWAY, // LANDSCAPING ALONG THE STATE HIGHWAY SHALL PROVIDE FOP SAFE SIGHT DISTANCEt CONPLY WITH FIXED OBJECT SET BAC~, AND BE TO STATE STANDARDS o ~/~ LEFT--TURN LANE# INCLUDING SHOULDERS AND ANY NECESSARY WIDENING# SHALL BE PROVIDED ON THE STATE HIGHWAY, ~, TRAFFIC STOUY INDICATING ON AND OFF--SITE FLOg PATTERNS AND VOLUNEBp PROBABLE IIqPACTS AND PROPOSED MITIGATION HEASURES SHALL BE PREPARED, PARKING SHALL BE DEVELOPED IN A MANNER THAT WILL NOT CAUSE ANY VEHICULAR MOVEMENT CONFLICTS~ INCLUOING PARKING STALL ENTRANCE AND EXIT# WITHIN OF THE ENTRANCE FROIq THE STATE HIGHWAY, CARE SHALL BE TAKEN WHEN DEVELOPING THIS PROPERTY TO PREBERV~ AND PERPETUATE THE EXISTING DRAINAGE PATTERN OF THE STATE RIGH~JAY, PARTICULAR CONSIDERATION SHOgLD BE GIVEN TO CURJLAT|VE INCREASED STORM RUNOFF TO INSURE THAT A HIGHWAY DRAINAGE PROBLEM IS NOT CREATED , /f/Z;)LBASE REFER TO ATTACHED ADDITIONAL CmHENT$, Pl:;~0VTDE TO i.I~,PPLTC~I%TT, CONSTRUCTION/DEMOLITION WITHIN PRESENT OR PROCEED STATE RIGHT OF WAY SHOULD SE INVESTIGATED FOR POTENTIAL HAZARDOUS HASTE ( i.E.ASBESTO$t PETROCNEMICALSt ETC.) ANO MITIGATED AS PER REQUIREMENTS OF REGULATORY AGENCIES. WHEN PLANS ARE $USNITTED# PLEASE CORFORN TO THE REQUIREMENTS OF THE ATTACHED IIHANDOUTII, THiS WILL EXPEDITE THE REVIEW PR~ESS AND TIME REWIRED F~ PLAN CHECK. PROVIDE TO APPLIC~T. ALTHOUGH THE TRAFFIC AND/OR DRAINAGE GENERATED SY THIS PROPOSAL DO NOT APPEAR TO HAVE A SIGNIFICANT EFFECT ON THE STATE HIGHWAY SYSTEM w CONSIDERATION MUST SE GIVEN TO THE CUMULATiVE EFFECT OF CONTINUED DEVELOPHENT lN THiS AREA, ~ZSdiY MEASURES NECESSARY TO MITIGATE THE CUMULATIVE IMPACT OF TRAFFIC AND/OR DRAINAGE SHALL BE PROVIDED PRIOR TO OR WITH DEVELORNENT OF THE AREA THAT NECESSITATES THEN . CONSIDERATION SHALL BE GIVEN TO THE PROVISION ~ OR FUTURE PROVISION t OF $IGNILIZATION AND LIGHTING OF THE Z/iT APPEA. S T.AT T.E TRAFFIC A.D/OR D.AI.AGE GE.E.ATED SY T.IS P.OROSAL COULD .AVE A SIG. IFIGA.T EFFEET O. THIS pORTION OF THE STATE HIGHWAY HAS SEEN OFFICIALLY DESIGNATED AS A STATE SCENIC HIGHWAY, AND DEVELOPHENT IN THIS CORRIDOR SHOULD BE COMPATISLE WITH THE SCENIC NIGHWAY CONCEPT , IT IS RECOGNIZED THAT THERE IS CONSIDERASLE PUBLIC CONCERN ABOUT NOISE LEVELS ADJACENT TO HEAVILY TRAVELLED HIGHWAYS° Ij~ND DEVELOPMENT ~ IN ORDER TO BE COMPATIBLE WiTH THIS CONCERN f MAY REQUIRE SPECIAL NOISE ATTENUATION MEASURES, DEVELOPMENT OF THIS PROPERTY SHOULD iNCLUDE ANY NECESSARY NOISE ATTENUATION, CALTRANS DISTRICT 8 DEVELOPMENT REVIEW ~RANCH P.O. Box 231 SAN BERNARDIN0, CA 92402 A COPY OF ANY COROITIONS OF APPROVAL OR REVISED APPROVAL. //A cOPY OF ANY DOCIJNENTS PROViDiNG ADDITIONAL STATE HIGHWAY RIGHT OF WAY UPON RECORDATIOR OF THE MAP. ANY PROPOSALS TO FURTHER DEVELOP THIS PROPERTY, A COPY OF THE TRAFFIC OR ENVIRONMENTAL STUDY · CHECK PRINT OF THE PARCEL OS TRACT NAP. CHECK PRINT OF THE PLANS FOR ANY IMPROVEMENTS WITHIN OR ADJACENT TO THE STATE HIGHWAY RIGHT OF WAY. CHECK PRINT OF THE GRADING AND DRAINAGE PLANS FOR THIS PROPERTY WNEN AVAILABLE, Date: March 13, 1991 Riv-79-R3.180 (Co-Rte-PM) PP 224/PM 26852 / CZ 11 (Your Reference) ADDITIONAL COMMENTS: We need cross-sections at 50 ft intervals, from 100 ft each side of the project limits, within state Right-Of-Way (R/W). The cross- sections must conform to the requirements of the attached "HANDOUT". The Caltrans Right-Of-Way (R/W) line must be shown and labeled on the next submittal. The driveways connections should be compatible with the existing and future road system of the area. The centerline of proposed driveway shown approximately 520 ft southwesterly of Margarita Road must be located and constructed as shown on PERMIT NO 90-1868, SHEET NO 5. The Rancho California water district property shall not have a separate access to state highway. Show the existing state stationing along the highway centerline according to the stations shown on PERMIT NO 90-1868. The Right-OF-Way in the Vicinity of Rancho California water district property does not agree with our record. The proposed driveway shown northwest of Winchester Road (HWY 79) must accommodate the DETECTOR SETBACK requirements See attached sheet). State law requires Outdoor Advertising clearance for signs proposed adjacent to interstate and primary highways. Clearance must be obtained form: Highway Outdoor Advertising Branch California Department of Transportation 1120 N street Sacramento, CA. 95814 (916) 445-3337 ']~F'9 I I \ 0 BCI General Contractors attn: Rick Finken 28765 Single Oak Drive, Temecula, CA 92390 May 6, 1991 L Suite 200 re: PALEONTOLOGIC ASSESSMENT, PARCEL MAP ~ ~r~, RANCHO CALIFORNIA AREA, RIVERSIDE COUNTY COUNTY OF SAN BERNARDIN0 GENERAL SERVICES AGENCY DR ALLAN D. GRIESEMER Director Dear Mr. Finken, At your request, the San Bernardino County MuseLm~ has conducted a paleontologic assessment, including a search of pertinent geologic literature, a review of the Regional Paleontologic Locality Inventory, and a field survey for parcel ~ 21361, a 29- acre parcel in Rancho California, Riverside County. The parcel is on the northwest side of Winchestel' Road between Ynez Road and Franklin Avenue. Specifically, the parcel is within Township 7 South and Range 3 West. and if projected, falls within the southeast quarter of section 21, as shown on the Murrieta, CA 7.5 minute USGS topographic quadrangle map. Background Previous geologic mapping by Mann ( 1955 ) and Kennedy ( 1977 ) indicate that the parcel is located on recent alluvitm~ and on or 'near the Pauba Formation, These authors l'eport fossil · Pleistocene horse. The Pauba Formation overlies the Bishop Ash and thus is less than 700,000 years BP. Review of the l.egional Paleontologic Locality Inventory at the San Bernardino County Museum does not indicate that previous paleontologic resource azsessment3 ]]ave beeix conducted for the Temecula parcel and that no palec, ntologic localities are recorded within one mile of the parcel. Hc, wever, more than 200 paleontologic resource localities are known from the Pauba Formation in the Murrieta-Temecula al'ea. The Pauba Formation unconformably overlies t-lie Unnamed Sandstone. The faunal assemblage from the Pauba Formation in tile Temecula- Murrieta area, sunm~arized below, suggests a late Irvingtonian/early Rancholabrean LMA in contrast to the ear]y- late Irvingtonian fauna from the Unnamed Sandst.o,]e in the California Oaks area (Reynolds and Reynolds, 1990). M, ~.Dlp~'d tot'. imperial nk=mm~oth mastodon large camel llama pronghorn deer large horse small hol'se jack rabbit cottontail shrew squirrel ]{angaroo rat pocket gopher deer mouse wood rat vole king snake rattlesnake pond turtle toad chub fish land snail Methods The field assessment was conducted oil May 3, 1991, by Quintin Lake, Musetun Tech II of the San Bernardino County Museum. He has had previous experience in paleontolo~ic resource assessments and salvage in San Bernardino and Riverside counties. Parcel ~ 21361 was inspected by fc, ot traverses at approximately 30 meter ~ntervals. Recent alluvitm~ was verified to occur on the parcel in association with the Santa Gertrudis stream bed as was the presence of coarse to meditm~-~rained sands interpreted to · represent the Pauba Formation. Results and Recommendations Available geologic literature describes the Pauba Formation as fossiliferous. Resource localities in the Regional Paleontologic Locality Inventory indicate that the Pauba Formation is very fossiliferous in the Murrieta-Temecula area. Construction excavation has high potential to impact significant, nonrenewable paleontologic resources on the Temecula parcel. The developer must retain a qualified vertebrate paleontologist to ~/2develop a program of mitigation fox' the parcel which will conform to the guidelines of CEQA and Riverside County. The impact mitigation program must include, but not be limited to: 1. Monitoring of excavation in areas identified as likely to contain paleontologic resources by a qualified paleontologic monitor. The monitor should be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments which are likely to contain the remains of small fossil mammals. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. The most cost-efficient method of salvage of small fossils is to remove sediments containing the fossils to stockpiles offsite. The fossils can be removed by screen washing elsewhere while excavation continues on site. 2. Preparation of recovered specimens to a point of identification, including washing of sediments to recover' small vertebrates. This will allow the fossils to be described in a report of findings and reduces the volume of matrix around specimens being stored. 3. Identification and curation of specimens into an established museum reF. ository with retrievable storage. 6. PreF. aration of a report of findings with an appended itemized inventory of specime]]s. The report and inventory, when submitted to the approF.riate Lead Agency, signifies completion of the F. rogram to mitigate impacts to [:.aleontologic resources. References cited Kenne,]y, M.P., 1977. Recency and character of faulting along the Elsinore fault zone in southern Riverside County, California. California Division of Mines and Geology Special ReF. ort 131: 12 p. Mann, J.F.. 1955. Geology of a F, ortion of the Elsinore fault zone. California. California Division of Mines Special Report ~: 22 p. Reynolds. R.E. and R.L. Reynolds, 1990. Irvingtonian? rauna~ from the Pauba Formation, Temecula, Riverside County, California, in Abstracts of Proceedings, 1990 Mojave Desert Quatertiary Research Symposium. Redlands, San Bernardino Kathleen ~,pringer~eet Manager Eart-]~ Sciences SAN BERNARDINO COUNTY MUSEUM 2024 Orange Tre~n~ ,6Redt~r}.~.~CA 92374 · i714) 798-8570 · 422-1610 INVOICE: ~050.0506.1 To: BCI General Contractors attn: Rick Fin].ten, Project Manager 28765 Single Oak Drive, Suite 200, CA 92390 COUNTY OF SAN BERNARDINO GENERAL SERVICES AGENCY DR. ALLAN D. GRIES' "~ For: PALEONTOLOGIC RECORDS SEARCH, PARCEL 21361, RANCHO CALIFORNIA, RIVERSIDE COUNTY Regional Paleontologic Locality Inventory access fee and first hour: Field survey, 3 hx.s @ $32./hr Mileage, 115 mi @ .38/h~' Report, 3 hrs TOTAL $50.00 96.00 ~3.70 96.00 $285.70 ATTACHMENT 6 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Bedford Properties/Costco Address and Phone Number of Proponent: PO Box 9016 Temecula, CA 92390 (714) 676-5641 Date of Environmental Assessment: April 25, 1991 4. Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Plot Plan No. 224, Change of Zone No. 11, and Parcel Map No. 26852 Location of Proposal: Northwest corner of Marqarita and Winchester Roads 7. Proposal: Chanqe of Zone from R-R ( Rural Residential ) to C-P-S ( Scenic Hiqhway Commercial ) on 24 acres of a 57 acre site; subdivide the 57 acres into 13 commercial lots and a remainder; and construct a 175,000 square foot commercial center on 19.7 acres proposed for commercial zonin.q. 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? Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? X A:PP224 47 The destruction, covering or modi- fication of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or off site? 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, 9round 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? Yes Maybe No X X X X X X X X X A:PP22~ ~8 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? 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)? Yes Maybe No X X X X X X X X X A: PP224 ~,9 10. 11. 12. Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildllfe habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Clare. 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, 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? Yes Maybe No X X X X X X X A: PP22u, 50 13. 15. T ran sportat/on / C/rcu l ation. proposal result in: a. b. c. d. Will the Yes Maybe No Generation of substantial additional vehicular movement? X Effects on existing parking facili- ties, or demand for new parking? __ X Substantial impact upon existing transportation systems? __ X 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, bicycllsts 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 in demand upon existing sources of energy, or require the development of new sources of energy? __ __ X A:PP22~ 51 16. 17. 18. 19. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? 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? ;?0. 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? Yes Maybe No X X X X X X X X A:PP22~ 52 21. 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? Mandatory Findings of Signiflcance. 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 sustalnin9 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 X X A:PP224 53 Discussion of the Environmental Evaluation Earth 1.a. 1.b. 1.d. 1.e. 1.f. 1.g. Air 2.a. 2.b. 2.c. No. The area is not with any known fault zones and is flat, vacant land. Maybe. All new development causes displacement and overcovering of soils. The project will incorporate open landscape areas, along with obtaining and adhering to City grading and building permits which will provide mitigation measures for this impact. The impact will not be significant. No. The area is currently flat vacant land and will not require substantial amounts of cut or fill to establish the proposed building pads. No. No unique geologic or physical features exist on site. The site is flat. Maybe. Wind and water erosion increase during grading activities. The potential for water erosion is low due to the fact that the site is flat. Wind erosion will be mitigated by standard grading practices and adherence to grading and building permits. Maybe. The area is traversed by Santa Gertrudis Creek which is being channelized as part of Assessment District No. 161. The flood control improvements are currently under construction. Construction of the channel per approved improvement plans will mitigate significant impacts. Maybe. The area is within a liquefaction hazard zone. A geotechnical investigation of the site was performed. Adherence to the recommendations made in County Geologic Report No. 793 will provide mitigation for possible impacts. Maybe. The project will impact local air quality due to the increased auto traffic in the area. Although the project should decrease overall travel miles by providing a shopping opportunity in closer proximity to the urban population. No overall impact. No. There are no industrial or commercial activities proposed that would cause objectionable odors. No. There are no industrial or commercial activities proposed that should alter air movement or temperature. A:PP224 54 Water 3.a. 3.b. 3.e. 3.g. 3.h. 3.i. Plant Life 4.a. ~).b. No. The project is adjacent to Santa Gertrudls Creek which is an intermittent flowing creek. The creek is currently being channellzed with approval of Assessment District 161. The channelizatlon is not a result of this project. This project is being designed to drain into the channellzed flood control facilities. This drainage pattern will not result in any substantial change in either marine or fresh waters. Maybe. The project will cause changes in the absorption rate due to the overcovering of soil The natural drainage pattern will remain unchanged. Obtaining and adhering the grading and building permits will provide mitigation for possible impacts. No. The natural drainage pattern will remain the same and will not be altered by this project. No. The project will not increase the amount of water in any body of water. The site is not located in close proximity to any standing bodies of water. No. The surface runoff does not run directly into any bodies of water. No. The project does not propose any ground cuts or construction that would alter the direction or rate of flow of ground water. Maybe. The decrease in absorption rate will decrease the amount of ground water available from the site, but providing irrigated landscaping areas will mitigate for potential decreases. There will be no overall impact. No. The amount of water consumed will be a small increase in the overall water demand of the area. Maybe. The area is within a liquefaction zone and flood zone. Adherence to County Geologic Report No. 793 recommendation will provide mitigations for liquefaction impacts. The current channelization of Santa Gertrudis Creek will provide mitigation for the flood zone potential. Maybe. The mass grading of the site will eliminate the current vegetation on site. No rare species of plant were seen on site and the overall native vegetation of the area will not be significantly effected by this project. No. No rare or unique plant species were observed on this site. A:PP224 55 Maybe. The project includes proposed landscape areas that will introduce new plants to the area. The plants will be required to be drought tolerant and include native species, The impact will not be significant. The channelizatlon of Santa Gertrudis Creek and Winchester Road are larger physical barriers, No. The area is not currently used for agricultural crops, Animal Life 5,8. Maybe. The project~s mass grading will eliminate existing animal species. The area is impacted currently and increased commercial and industrial activity within the area does not make this site viable for maintaining native species. 5.b. Maybe. The site is within the historic range of the Stephen's Kangaroo Rat which is a listed endangered species. The County and City have received a 10-A permit for the incidental take of the rat. The payment of a fee in this area has been deemed proper mitigation for the impact of habitat loss. 5.c, No. No unique wildlife habitats exist on site. Noise 6.a, Maybe. The noise level will increase during construction of the site, which will be a temporary impact. The economical use will generate increased noise level mainly from vehicle use of the site. No residential structures are located near the site and the noise level will not be a significant impact to the area. 6.b. No. Severe noise generations are not anticipated at this site. Light and Glare Maybe. The project will require parking lot and outside lighting. The project will be condltioned to have lights hooded and directed away from public rights-of-way and adjoining properties. The project must conform to the requirements of the Palomar Observatory for lighting impacts. Land Use No. The project will alter the current vacant use of the site and the development doesn't conform to the current zoning for the site. The project does conform to the General Plan Guideline SWAP designation for the site of C ~ Commercial ) and other commercial developments proposed or bein9 constructed in the vicinity. A:PP22~ 56 Natural Resources. 9.a. No. The proposed commercial uses will not substantially increase the rate of use of natural resources. 9.b. No. The project will not substantially deplete non-renewable resources. The commercial use proposed will not generate a large demand on non-renewable resources, Risk of Upset 10.a. No. The commercial uses proposed do not include uses that would result in a risk of explosion. 10.b. No. The project will not interfere with emergency response plans or evacuation plans. Proper circulation has been conditioned to be maintained with development of the project. Population 11. No. The proposed commercial project will not alter the current population location or density. The project will provide an employment area for existing residence of the City and surrounding area. The project will not require an increased population demand. Housing. 12. No. The project is a proposed commercial center and will not affect housing demand. Transportation/Circulation 13.a. Yes. The commercial project will increase traffic and vehicular movement. The improvements being constructed with Assessment District No. 161 and improvements conditioned on the project will mitigate the impacts to a level of insignificance. The conditions include recommendations required per the Traffic Study submitted and approved for the project. 13.b. Maybe. The project will result in a demand for increased parking. The required parking for the proposed project will be provided on-site per City Codes as part of the project design. 13.c. Maybe. The project will impact the existing road system, but the impacts will be mitigated by the improvements required as Conditions of Approval on the project. 13.d. No. The project will not alter the existing road patterns. The project has been conditioned to improve the existing roadways. A:PP224 57 13.e. No. The project will not require or impact waterborne, rail or air traffic. The site will be served by an improved roadway system. 13.f. Maybe. The increased traffic will increase possible vehicle hazards. The project has been conditloned to provide adequate street improvements and safety controls to mitigate the possible impacts. Public Services 14.a,b,c, e,f. Maybe. The proposed development will impact these public services. The project has been conditioned to construct necessary improvements and pay appropriate fee mitigation for these impacts. 14,d. No. The project is a commercial center and will not impact current or planned recreational facilities. Energy 15,a,b. No. The project is for the development of a standard type retail commercial center and will not require the use of substantial amounts of fuel or require new sources of energy to be developed. Utilities 16.a-f. No. The surrounding area has the current utilities available or they are being constructed with Assessment District No. 161. No additional utility systems will be required to be constructed with this project. Human Health 17 .a. No. The project is a standard retail commercial type center and no uses are proposed that will cause a health hazard. 17.b. Maybe. The project is within a liquefaction zone. County Geologic Report No. 793 was completed for the project. Adherence to the recommendation contained within the report will mitigate the potential liquefaction impacts. Aesthetics 18. No. The project is not within any designated view sheds and does not obscure scenic vistas. Recreation 19. No. The project is not being proposed on an existing or planned recreation or open space site. A:PP224 58 Cultural Resources 20.a. Maybe. The project is within the Pauba Formation which is fossiliferous. The applicant shall retain a qualified vertebrate paleontologist to develop a mitigation program prior to issuance of grading permits as outlined in the San Bernardino County Museum transmittal dated May 6, 1991. 20.b-d. No. A preliminary cultural survey was conducted on the site and no cultural resources were identified on site. Mandatory Findings of Significance 21 .a. No. The area does not contain any environmentally sensitive areas and no rare or endangered species exist on site. 21 .b. No. The project as conditioned will not significantly impact short or long term environmental goals. 21 .c. Maybe. The project, while not causing a significant impact to traffic circulation because of proposed improvements contained within the project design, will add to the accumulative effect on the transportation system. The current construction and additional improvements proposed by Assessment District No. 161 will provide mitigation measures for the accumulative impacts on the transportation system. A:PP224 59 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 April 25, 1991 Date For CITY OF TEMECULA A: PP22~, 60 _.~® o .-'~c ~- - -' u~ -~ " -4 ""~'~.~ ~... -.s ® ~ _-:,.,. o ,. , n -.= z~ ~:ro ~ ~'~;~ ~ '-. -" ~: '~o F' o m- ':to ~- · mu~n s -' . m"a - c:.r~ :~ --;,.-m.:~'~'.~ ,> s'-o~a ~ "'~ g~' ~ B" " '~ ~ c~,! n,=,,l~. FO ~q c_!,,.;' ='~s' z 0 '-m' tOmO mLO(90 "'{(;) " ~-.S' --I _, rnO m m ~ o hJ z = ~'~ -~ mO _. < ~ m :::oO ~a ~ m~ ¢'D 'Sa~C:~' "S_-C~' "SmC:--' S _a:. .; ..s 3 ~.m '~ _S._a:..; o ',< ~m mz "'~.- >m a,..< ;o ~ ~m 0 --I~ z _, "'s tn 'I rn rn -.I Z CITY OF TEMECULA ~ ~', LOCATION 'MAP CITY OF TEMECULA )' ,i SP I /~ RAN SWAP MAP CASE NO. r_.:z- I/',,- p.C. DATE (:, _..~- ~[ ITEM #13 iTEM ~10 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Steve Jiannino. Senior Planner,. June 17. 1991 Change of Zone No. 572u, and Tentative Tract Map No. 25277 At Staff's request due to the lengthy agenda of June 17, 1991, the applicant has consented to a Continuance to the July 1, 1991 Planning Commission Meeting. Staff recommends that the Planning Commission CONTINUE Change of Zone No. 9 and Substantial Conformance No. 11 to July 1, 1991. SJ:ks A: TM25277. MEM ~TEM #11 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Steve Jiannino, Senior Planner ~/~' June 17, 1991 Change of Zone No. 9 and Substantial Conformance No. 11 At Staff's request due to the lengthy agenda of June 17, 1991, the applicant has consented to a Continuance to the July 1, 1991 Planning Commission Meeting. Staff recommends that the Planning Commission CONT I NUE Change of Zone No. 9 and Substantial Conformance No. 11 to July 1, 1991. SJ:ks A:~SC11 -MEM. -A ITEM ~12 STAFF RI~PORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Conditional Use Permit No. 5 Prepared By: Richard Ayala Recommendation: The Planning Department Staff Recommends that the Planning Commission: ADOPT Negative Declaration for Conditional Use Permit No. 5; and ADOPT Resolution No. 91- approving Conditional Use Permit No. 5 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: Lou Kashmere Markham S Associates Car care center consisting of a retail carwash, service station and market. West of Front Street and northwest of the 1-15 and Highway 79 Interchange. M-SC ( Manufacturing - Service Commercial ) North: M-SC South: M-SC East: C-P-C West: R - R {Manufacturing - Service Commercial ) IManufacturing - Service Commercial ) {Scenic Highway Commercial ) { Rural Residential ) A:CUP5 1 PROPOSED ZON I N G: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: Not requested. Vacant North: South: East: West: Cement Ready Mix Plant Vacant (Abandoned Structure) Vacant Vacant (Murrieta Creek) Total Acreage: Total Acreage to be Developed: Total Building coverage: Total Landscaping: Parking: 4.36 2.3 15,381 I1S.18%) 15,538 sq.ft. { 15. Standard 46 Compact 1 Handicap 3 Total 73 Conditional Use Permit (CUP) No. 5 was submitted to the City of Temecula on August 15, 1990. On September 13, 1990, this project was reviewed by the Preliminary Development Review Committee IPre-DRC) in order to informally evaluate the project and address any possible concerns, as well as suggesting possible modifications. During this review period, a letter received from the Riverside County Flood Control and Water Conservation District informed Staff that the entire property was located in the Murrieta Creek Flood Plain with the western portion of the property within a FEMA delineated floodway. Therefore, Planning Staff recommended redesign of the project in order to proceed with the application. Subsequently, the applicant per Planning Staff and Riverside County Flood Control and Water Conservation District request submitted a new site plan addressing Pre-DRC concerns. The project was then scheduled for a Formal Development Review Committee meeting at which time the applicant received the Conditions of Approval proposed for the project by City Staff. The applicant has not protested any of the Conditions of Approval at this time. A:CUP5 2 PROJECT DESCRIPTION: ANALYSIS: Conditional Use Permit No. 5 is a proposal to develop a car care center consisting of a retail carwash, service station, service bays and a mini market located west of Front Street and northwest of the 1-15 freeway and Highway 79 Interchange. The applicant is proposing a 8,999 square foot 16 bay service building along the northern property line and a 2,002 square foot carwash facility with a 2,900 square foot canopy over the proposed vacuum islands and 8 gasoline pumps situated in the center of the site. In addition, the applicant is proposing a 1,216 square foot detailing building towards the southwestern portion of the site, along with a 4,224 square foot canopy over 12 gasoline pump islands, and a 1,544 square foot market adjacent to Front Street. Parkinq and Landscapinq The proposed project meets the required parking set forth in Ordinance 348, Section 18.12. The project is providing 58 standard, 14 compact, and 3 handicap spaces with a total of 75 parking spaces. The project is also providing 15,538 square feet of landscaping which is approximately 15% of the project site. The eastern and southern perimeter of the subject site will be betreed and landscaped. The interior of the site is proposed to be lavishly landscaped with accent trees, parking lot trees, evergreen/conifer trees, shrubbery and a variety of groundcovers { see landscape plan ). A landscape plan will be submitted and approved prior to the issuance of building permits. Traffic Impacts The Transportation Engineering Staff has reviewed and accepted the findings and conclusions as presented in the Traffic Impact Analysis Report for Conditional Use Permit No. 5. The report indicated that all of the intersections in the vicinity of the proposed site will operate at an acceptable level of service during the AM and PM peak hours for existing plus project traffic conditions. The traffic impacts of the proposed project upon these intersections are minor and can be accommodated without causing any adverse change in LOS at these intersections. A: CUP5 3 Mitigation measures will include the standard signal mitigation fees, the public facility fee and some minor striping reconfiguration at Front Street per the Traffic Study. Originally, the proposed project was designed with a street adjacent to the southern portion of the subject site which was proposed to cross the Murrieta Creek and become part of the western corridor. However, due to the uncertainty of the future alignment of the subject street adjacent to the southern portion of the site, both Planning and Engineering Staff recommended that the applicant redesign the project with the deletion of the proposed street. Nevertheless, the project has been designed to accommodate the future alignment of the western corridor once it is determined. Flood Plain According to Riverside County Flood Control and Water Conservation District, the entire subject property is located in the Murrieta Creek Flood Plain with the western portion of the property within a FEMA delineated floodway. The District is currently designing this portion of the Murrieta Creek Channel to contain the 100 year storm flow. The right-of-way and slope easement for these improvements should be set aside as an offer of dedication to the public for drainage purposes as shown on Exhibit "A" of the Riverside County Flood Control and Water Conservation District letter dated February 26, 1991 ~see Attachment IV). The 25-foot strip designated slope easement may be reclaimed by the developer for this use if the remaining property is graded to a minimum elevation of 1,000.3. The County Board of Supervisors and the City of Temecula have adopted the Murrieta Creek Area Drainage Plan for the purpose of collecting drainage fees. These fees are used to construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and other types of new development. A:CUP5 4 GENERAL PLAN AND SWAP CONSISTENCY: Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to mitigate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use cases, Plot Plans, and Public Use cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Desiqn Considerations The proposed car care center has been designed in accordance with the standards of Ordinance Nos. 3L~8 and ~60. The circulation pattern for the proposed project uses Front Street as the project~s main access. Within the project, vehicular traffic flow is adequate and acceptable. The applicant has taken into consideration the visual impact of the proposed structures. The mini market is proposed to be situated along Front Street in order to help screen the gasoline pumps from public view. In addition, the service bays have been situated along the northern boundary of the site to aid in blocking the existing cement plant. The car wash and detailing structures are situated in the interior, thus providing adequate circulation for the intended use. The proposed buildings consist of stucco, simulated creek boulders which has been carried throughout the architecture along with lace texture stucco, fixed aluminum glass frames and metal roofing. In addition, the market and service buildings have incorporated wooden trellises and roll-up glass doors. The proposed project is consistent with the SWAP land use designation of commercial, which includes commercial, distribution warehouses and similar industrial uses. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. A:CUP5 5 ENVIRONMENTAL DETERMINATION: FINDINGS: An Initial Study was performed for this project which determine that the proposed project will not 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 recommended for adoption. There is a reasonable probability that Conditional Use Permit No. 5 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 gasoline service station and auto service 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 car care center is consistent with the existing zoning, the SWAP land use designation of Commercial, and the existing developments 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 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. 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 include measures which will ensure that public health and welfare will be maintained. A: CUP5 6 STAFF RECOMMENDATION: 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 development is consistent with current surrounding development and 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 surrounding properties are zoned C-1/C-P { General Commercial ) and M- SC (Manufacturing Service Commercial) which are consistent with the project zoning and proposed use. 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 interior circulation is suitable and connects with Front Street. 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 due to the fact that the Conditions of Approval provide for the necessary mitigations for the project. 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 as represented on the site plan. The Planning Department Staff Recommends that the Planning Commission: ADOPT Negative Declaration for Conditional Use Permit No. 5; and ADOPT Resolution No. 91- approving Conditional Use Permit No. 5 based on the Findings contained in the Staff Report and subject to the attached Conditions of Approval. A: CUP5 7 RA:ks Attachments: 2. 3. 4. Resolution Conditions of Approval Environmental Assessment Letter from Flood Control dated February 26, 1991 Exhibits: A. Site Plan B. Exterior Elevations A: CUP5 8 ATTACHMENT 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 5 TO PERMIT OPERATION OF A CAR CARE CENTER CONSISTING OF A RETAIL CARWASH, SERVICE STATION, AUTO SERVICE BAYS AND MINI MARKET LOCATED WEST OF FRONT STREET AND NORTHWEST OF THE 1-15 FREEWAY AND HIGHWAY 79 INTERCHANGE AND KNOWN AS ASSESSOR'S PARCEL NO. 922-110-006. WHEREAS, Lou Kashmere filed CUP No. 5 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said CUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP on June 17, 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 CUP; 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. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A:CUP5 9 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 Ceneral Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed CUP is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. ( 2 ) The Planning Commission finds, in approvin9 projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that CUP No. 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. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. A:CUP5 10 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) ThePlanningcommission, lnapprovingtheproposed CUP, makes the following findings, to wit: a) There is a reasonable probability that Conditional Use Permit No. 5 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 gasoline service station and auto service 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 car care center is consistent with the existing zoning, the SWAP land use designation of Commercial, and the existing developments 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. 348 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. 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 measures which will ensure that public health and welfare will be maintained. A:CUP5 11 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 development is consistent with current surrounding development and Ordinance No. 3~,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 surrounding properties are zoned C-1/C-P { General Commercial) and M- SC {Manufacturing - Service Commercial) which are consistent with the project zoning and proposed use. 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 interior circulation is suitable and connects with Front Street. 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 due to the fact that the Conditions of Approval provide for the necessary mitigations for the 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 as represented on the site plan. 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 was performed for this project when 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 impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration, therefore, is hereby granted. A: CUP5 12 SECTION 3. Conditions. That the city of Temecula Planning Commission hereby approves CUP No. 5 for the operation and construction of a car care center consisting of a retail carwash, service station and market located west of Front Street and northwest of the 1-15 Freeway and Highway 79 Interchange, and known as Assessor's Parcel No. 922-110-006, subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:CUP5 13 CITY OF TEMECULA CONDITIONS OF APPROVAL Conditional Use Permit No: 5 Pro}ect Description: Car Care Center consistlnq of a Retail Carwash, Service Station and Market Assessor's Parcel No.: 922-110-006 Planninq Department The use hereby permitted by this conditional use permit is for the development of a car care center located on the northwesterly corner of Front Street and Old Highway 79 and known as Assessor's Parcel No. 922-110-006. 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 Conditional Use Permit No. 5. 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 permlttee 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 Conditional Use Permit No. 5 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:CUP5 lu, 10. 11. 12. 13. 15. The applicant shall comply with the street improvement recommendations outlined in the Traffic Engineering Department's Conditions of Approval, which are included herein. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department~s transmittal dated September 11, 1990, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control District~s transmittal dated February 26, 1991, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County Fire Department transmittal dated April 23, 1991, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Rancho Water District transmittal dated October 30, 1990, 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 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. The landscaping and irrigation shall be inspected by a State of California Landscape Architect in order to guarantee conformance with the approved landscape plan. A minimum of 73 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3u,8. 73 parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with aspbaltic concrete paving to a minimum depth of 3 inches on ~, 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 reflectorlzed 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 A:CUP5 15 16. 17. 18. 19. 20. 21. 22. 23. r~onspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at __ or by telephone " In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health Rancho Water District School District Riverside County Flood Control Fire Department Eastern Municipal Water District An Administrative Plot Plan application for signage shall be submitted separately to the Planning Department for review and approval. Building elevations shall be in substantial conformance with that shown on Exhibits B, C, D, F and C;. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit { Color Elevations) and Exhibit {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 for the last phase of construction, a six foot high combination wrought iron decorative 3~ minimum solid block wall with landscaping shall be constructed along the western property line of the subject site. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Landscape screening shall be designed to be opaque up to a minimum height of six {6) feet at maturity along the western and southern property line of the subject site. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. A: CUP5 16 26. 27. 28. 29. 30. 31. 32. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Buildin9 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 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 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. Five 5 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 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. 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. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Within forty-eight 148) 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 151,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars I $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 Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight {48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted hereln shall be void by reason of failure of condition, Fish and Game Code Section 711 .~lc). A:CUP5 17 Engineerinq Department The followin9 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: 33. 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. 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 by a Registered Civil Engineer. 35. The developer shall submit two 12 ) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 36. A Geological Report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 37. 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. 38. 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. A:CUP5 18 43. 45. 46. 47. qe. The developer shall agree to reserve a southeasterly portion of property for future right-of-way dedication for the western bypass corridor to align with the proposed southerly entryway and intersect with Front Street at a 90° angle with a right-of-way width of 100'. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans and with adjacent existing and future development. 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-d-way. 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 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. Sewer and domestic water systems. Undergroundlng of existing and proposed utility distribution lines if necessary. The developer shall comply with the requirements of the City Engineer based on the recommendations of the Riverside County Flood Control District. A permit from the Riverside County Flood Control District is required for work within its right-d-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. A: CUP5 19 The developer shall obtain an encroachment permit from Riverside County Flood Control District to outlet storm flows directly into the flood control channel. 50. 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. 51. 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. 52. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 53. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. The site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula for development within a Flood Zone "AI' which may include obtaining a letter of map revision from FEMA. 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. A development permit shall be obtained from the City of Temecula per Ordinance 91-12 regarding flood damage prevention. 58. 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. 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/Nagatlve Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing A: CUP5 20 this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 60. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. 61. 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 (curb sidewalk). 62. 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. 63. Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. ~,00 and ~,01. Improvement plans shall be based upon a centerllne profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 65. 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. 66. Front Street shall be improved with 20 feet of half street improvement within a 30 foot dedicated half-width right-of-way in accordance with modified County Standard No. 101 (60~/801). 67. In the event road or off-site Fight-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer~s cost pursuant to Government Code Section 66~,62.5, which shall be at no cost to the City. A: CUP5 21 Transportation Engineerlnq Department 68. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Front Street and shall be included in the street improvement plans. 69. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 7O. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street detour or other disruption to traffic circulation as required by the City Engineer. A: CUP5 22 FROM: RE: County of Riverside CITY OF TEMECULA DATE: AT,T~: 1chard AVala ENTALAR HEALTH SPEC I ALI ST I V DEPARTMENT OF HEALTH 09-11-90 CONDITIONAL USE PERMIT No. 5 The Environmental Health Services has reviewed Conditional Use Permit fl 5 and has no oblections. Sanitary sewer and water services are available in this area. Prior to bulldlnQ plan submittal, the following items will be reOuested: 1. "Will-serve" letters from the water and sewerine aoencles. Three complete sets of plans for each food establishment will be submitted. lncludlns a fixture schedule, a finlsh schedule, and a plumblnu schedule in order to ensure compliance with the California Unlform Retail Food Facilities Law. If there are to be any hazardous materials, a Q.~_~C~O~.__!~_t_~_~ from the Environmental Health Services Hazardous Materials Management Branch (Jon Mohoroski, 358-5055), will be required lndlcatin0 that the pro3ect has been cleared for: a. Underoround storaqe tanks. b. Hazardous Waste Generator Services. Hazardous Waste Disclosure (in accordance with AB 21a5). d. Waste reduction manaoement, SM:dr cc: Jon MohoroskI, Hazardous Materials Branch KENNETH I EDWARDS 1995 MARKET STREET PO BOX IO33 TELEPHONE (7t4) 275-12OO FAX NO (714} 7EB-9965 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE, CALIFORNIA 92502 February 26, 1991 City of Temecula 43172 Business Park Drive Temecula, CA 92390 Attention: Richard Ayala Ladies and Gentlemen: Re: Conditional Use Permit No. 5 - Murrieta Creek Revised Report This is a proposal for an automotive service center on Front Street approximately 600 feet southwest of Interstate 15 in the City of Temecula. The entire property is located in the Murrieta Creek Flood Plain with the western portion of the property within a FEMA delineated floodway. The District is currently designing this portion of the Murrieta Creek Channel to contain the 100 year storm flow. The right of way and slope easement for these improvements should be set aside as an Offer of Dedication to the public for drainage purposes as shown on Exhibit "A". The 25-foot strip designated slope easement may be reclaimed by the developer for his use if the remaining property is graded to a minimum elevation of 1000.3. The County Board of Supervisors and the City of Temecula have adopted the Murrieta Creek Area Drainage Plan for the purpose of collecting drainage fees. These fees are used to construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to mitigate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. City of Temecula -2- February 26, 1991 Re: Conditional Use Permit No. 5 Murrieta Creek Revised Report Should you have any questions concerning this matter, please contact this office at 714/275-1210. Attachment tf~u2Y H. ' r Civil Engineer c: Markham & Associates SEM:slw i ~:X. 14|BIT A RIVERSIDE COUNTY FIRE DEPARTMENT _ 210 WEST SAN JACINTO AVENUE · PERP-dS, CALIFORNIA 92370 ~ (714) 657-3183 GLEN J. NEWMAN FIRE CHIEF April 23, 1991 TO: ATTN: RE: CITY OF TEMECULA PLANNING DEPT CONDITIONAL USE PERMIT 5 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. Provide or show there exists a water system capable of delivering 2000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"2~x2~), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 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: "I certify that the design of the water system is in .accordance with the requirements prescribed by the Riverside County Fire Department." PLANNING DIVISION {~ tNDIO OFfiCE FI TEMECULA OFfiCE 79-733 Counn-y Clul> Drive, Suit= F. Indio, CA 92201 41002 Count? Czntn- Drive, Suit= 225. Teaneculs, CA 92590 (619) 342-8886 * FAX (619) 775-2072 (714) 694,5070 · FAX (714) 694-5076 {~ RIVERSIDE OFfiCE CONDITIONAL USE PERMIT 5 PAGE 2 Install a complete fire sprinkler system in all buildings. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. Install a supervised waterfow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. 8. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 9. Occupancy separation will be required as per the Uniform Building Code, Section 503. 10. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 11. Certain designated areas will be required to be maintained as fire lanes. 12. 13. 14.' Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. Applicant/developer shall be responsible for obtaining underground or aboveground permits from both the County Health and Fire Departments. 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. 15. 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¢ per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan cheek review fees. 16. Bay auto service building as shown will he limited to B-I & B-2 occupancies due to location of the building to property line. 17. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist LC/tm Ran John F. Hennigaz Phillip L. Forbes Thoma, R. McAliesler Edward P. Le~nons Per~ ~ Louck Linda M. F~goso McCor~ieK Ki~nn & Behrens October 30, 1990 City of Temecula City Hall 43172 Business Park Drive Temecula, California 92390 SURJECY: Water Availability Reference: APN 922-110-006 CUP No. 5 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water setwice, 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 you have any questions, please contact Senga Doherty at (714) 676-4101. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Engineering Manager F186/jkt423f cc: Senga Doherty Engr. Files CITY OF TEMECULA PLANN)NG DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Back.qround 1. Name of Proponent: 2. Address and Phone Number of Proponent: 4. 5. 6. Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Environmental Impacts Lou Kashmere 3517 W. Commonwealth Ave., Ste. A Fullerton, CA 92633 May 15, 1991 CITY OF TEMECULA Conditional Use Permit No. 5 Car Care Center West of Front Street and northwest of the 1-15 Freeway and Hiqhway 79 I nterchanqe 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: CUP5 23 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 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 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: CUP5 2LI. 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 A: CUP5 25 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 demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additiona) vehicular movement? Yes Maybe No X X X X X X X X A: CUP5 26 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 e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicycllsts 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 in 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 followlng utilities: a. Power or natural gas? __ __ X A: CUP5 27 17. 18. 19. Communications systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard { excludin9 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 N__o X X X X X X X X X X X X X A: CUP5 28 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 A: CUP5 29 Discussion of the Environmental Evaluation e,f,g. 1.b. 2.a,b. 2.c. 3.a,f, g,h. 3.b. 3.c,d,i. 3.e. 5.a,c. No. There are no unique geologic features in the area. The site is presently flat and any additional grading will be reviewed and approved during the building permit process. Yes. All new construction causes compaction and overcovering of the soil for building and parking lots. This proposal is not considered significant. All construction will be required to obtain and maintain the proper City permits and approvals for mitigation of the impact. Maybe. The proposed use, gasoline service station, could cause potential air emissions and objectionable odors due to the gasoline dispensing. This impact will be mitigated by adherence to 5tare, County and City Codes regarding air emissions and underground storage of gasoline. No. The proposed use and size of the project will not cause any changes in air movement. No. The subject site is flat and no significant changes will be made to the course of water flow for the new proposed development. Maybe. See 1. b. Maybe. The entire subject property is located in the Murrieta Creek Flood Plain with the western portion of the property within a FEMA delineated floodway. However, the District is currently designing this portion of the channel to contain the 100 year storm flow. in addition, in order to mitigate the downstream impacts brought about by increased runoff, the District recommends that the subject site be required to pay a flood mitigation charge, thereby, lowering the level of significance of flooding. Maybe. The proposed use will increase the possibility of oil and gasoline spillage. The site will be required to be maintained in a clean manner and all storage of materials must adhere to County Health and Fire Department recommendations and approvals. Obtaining and maintaining County Health and Fire Department permits will mitigate possible impacts. No. The proposed project will not have a substantial impact regarding plant llfe. No. See ~. a. A: CUP5 30 5.b. 6.8. 6.b. 7. 9.a,b. 10.a. 10.b. 11. 12. 13.a,c, d,e. 13.b. 13.f. Maybe. The City of Temecula is within the historic range of the 5tephen's Kangaroo Rat, a listed endangered species. The site does not contain the species. but due to the loss of possible habitat and cumulative effect of development within the historic range, a development fee has been imposed as a mitigation for all development within the range. Maybe. During construction of the project and then after occupancy, some service function will increase local noise. The site is within an industrial area and the impact will not affect residential development. The impact on the surrounding commercial uses will be insignificant. No. No severe noise impacts should be generated by the proposal use. Yes. The proposed project will include outside lighting features. The project has been conditioned to hood and direct the lighting away from public rights-of-way and to conform to Palomar Observatory guidelines. These requirements will mitigate any adverse impacts from additional lighting. No. The project conforms to the planned commercial development of the area o No. The project will not use natural resources. Yes. The use includes the storage and dispersal of gasoline and oil which, by their nature, pose a risk to explosion. Conformance to State, County, and City Codes and Guidelines will mitigate the impact. No. The site design and access will not interfere with emergency response or evacuation plans. No. The project does not propose the introduction or elimination of any residential units. No. The project is not of large enough scale to affect the housing needs of the area. No. The project is of minor scale and should not affect the circulation patterns within the area. The project has been conditioned to pay their fair share for impacts to area infrastructure. Yes. The project will increase the demand for new parking. The project is designed to provide sufficient parking on-site to mitigate the demand. Maybe. New development increases traffic which will increase possible traffic hazards. The project is conditioned to provide proper street improvements and on-site circulation to mitigate possible impacts. A: CUP5 31 l~-.a-c, e,f. Maybe. All new development increase the need for public services. The project has been conditioned to pay fees to mitigate the increased demand on services. 15.a,b. 16.a-f. 17 .a,b. 18. 19. 20.a-d. 21 .a-d. No. The project is not within any existln9 or proposed recreational or Open Space sites and the use will not create a substantial demand for new facilities. No. The project should not create a substantial demand for increased energy use. No. The project will connect to existing utilities on or along the boundaries of the project. Maybe, see 10a. No. The project is consistent with area development and is not within any designated view corridors. No. See l~.d. No. The site has been previously graded and no cultural resources were observed during grading or are known to be on-site. No. The project has been conditioned to mitigate any potential impacts to a level of insignificance. A:CUP5 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. May 15, 1991 Date For CITY OF TEMECULA A: CUP5 33 KENNETH L EDWARDS 1S95 MARKET STREET P O BOX 1033 TELEPHONE (714) 275-12OO FAX NO (714} 788-9965 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE, CALIFORNIA 92502 February 26, 1991 City of Temecula 43172 Business Park Drive Temecula, CA 92390 Attention: Richard Ayala Ladies and Gentlemen: Re: Conditional Use Permit No. 5 - Murrieta Creek Revised Report This is a proposal for an automotive service center on Front Street approximately 600 feet southwest of Interstate 15 in the City of Temecula. The entire property is located in the Murrieta Creek Flood Plain with the western portion of the property within a FEMA delineated floodway. ~he District is currently designing this portion of the Murrieta Creek Channel to contain the 100 year storm flow. The right of way and slope easement for these improvements should be set aside as an Offer of Dedication to the public for drainage purposes as shown on Exhibit "A". The 25-foot strip designated slope easement may be reclaimed by the developer for his use if the remaining property is graded to a minimum elevation of 1000.3. The County Board of Supervisors and the City of Temecula have adopted the Hurrieta Creek Area Drainage Plan for the purpose of collecting drainage fees. These fees are used to Construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to mitigate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. City of Temecula Re: Conditional Use Permit No. 5 - Murrieta Creek Revised Report -2- February 26, 1991 Should you have any questions concerning this matter, please contact this office at 714/275-1210. Attachment rYT~Z.~uiY YiZ~H~Z~' Civil Engineer c: Markham & Associates SEM:slw CITY OF TEMECULA ) // LOCATION 'MAP CASE NO. P.C. DATE CITY OF TEMECULA ) R-2-400(: ZONE MAP r' CASE NO. c~-~-~ ~' P.C. DATE ~-/-7--~/ CITY OF TEMECULA ) SWAP MAP CASE NO. P.C. DATE STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Tract Map No. 21760, Amended No. 2, Minor Change No. 1 Prepared By: Richard Ayala Recommendation: ADOPT Resolution No. 91- recommending approval for Tract Map No. 21760, Minor Change No. 1. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Coleman Homes, Inc. Coleman Homes, Inc. Revise housing mix on Lots 29, L~9, 73, 78 and 88, and also modify Conditions of Approval to allow a one foot fireplace encroachment into the 5' side yard minimum setback. Preece Lane and Via Fanita Specific Plan No. 180 ( Rancho Highlands) North: R-A-5 South: SP 180 East: R-1 West: )-15 I ResidentialAgricultural, 5 Acre Minimum) ~ Rancho Highlands) {One-Family Dwellings) ( Interstate 15) Not requested. Vacant/Graded Pads North: South: East: West: Multi-Family Residential Single Family Residential Single Family Residential Interstate 15 Total Acres: No. of Lots: Minimum Lot Size: Proposed DU/AC: 31.11 115 5,392 sq.ft. A: TM21760-A I BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: Tract Map No. 21760, Amendment No. 2 was approved by the Riverside County Board of Supervisors on July 18, 1988 for the development of 115 residential lots on approximately 31 acres along with Change of Zone No. 5105 which change the zoning on approximately 226 acres within the Rancho Highlands Specific Plan ISP 180) from R-R {Rural Residential) to 5P (Specific Plan) zone. Specific Plan No. 180 was adopted by the Riverside County Board of Supervisors on June 5, 198~. Tract Map No. 21760, Amended No. 2, Minor Change No. 1 proposes to revise the architectural floor plans, elevations and plotting of housing for Lots 29, 0,9, 73, 78 and 88. Current approved plans indicate floor plan No. 3 on these lots { see Exhibit C). Due to a change in the market and design considerations, the applicant is proposing to revise the product types to Plan No. 2 ~see Exhibit B ). in addition, the applicant is requesting that the project Conditions of Approval be modified to allow fireplace encroachment of up to 1' into the 5' side yard minimum setback. [Standard Condition Nos. 18{d), 18|k) and 21|g)] Architectural Floor Plans The applicant is proposing a two story four bedroom, three bath residence with approximately 2,391 square feet of living space. In addition, the proposed floor plan provides a three car garage and laundry room {see Exhibit B ). The previous design proposed 2,0,82 square foot single family residences {see Exhibit C). Exterior Elevations The applicant is proposing a variety of elevations consisting of a Spanish theme. All elevations proposed consist of red, brown, or beige S-Tile roofing with an array of off-white and cream stucco exterior finish. Previous architectural treatments were similar to what the applicant is proposing. Plottin~ The subject five ( 5 ) single family residences ( Lots 29, 49, 73, 78, and 88) will entail revised plotting due to the reconfiguration of the floor plans in order to meet setback requirements. The floor plans, as well as the various elevations, will be A: TM21760-A 2 GENERAL PLAN AND SWAP CONSISTENCY: intermixed throughout the project in order to provide a variety of front yard setbacks and non- repetitive street scene. Fireplace Encroachment The Riverside County Conditions of Approval for Tract Map No. 21760, Amendment No. 2, regarding fireplaces currently read as follows: 18(d) All side yard setbacks shall be a minimum of five (5) feet, and fireplaces shall not be allowed to encroach the five 15) feet minimum setback area. 18(k) Building separation between the nearest structured portions of dwelling shall be no less than 10 feet. 21(g) Building separation between all buildings including fireplaces shall not be less than ten ~10) feet. According to Ordinance 348, Section 18.19( b ) ~ Yard Encroachments) cornices, canopies, and other similar architectural features not providing additional floor space within the building may extend into a required yard not to exceed one I1 ) foot. Therefore, the applicant is requesting modifications to Conditions of Approval Nos. 18 { d ), 18(k), and 21 (g)for Tract Map No. 21760, in order to allow a fireplace encroachment into the 5' side yard minimum setback of up to 1 foot as allowed by City Ordinance. Density The proposed subdivision (Tract No. 21760, Amended No. 2, Minor Change No. 1 ) according to Specific Plan 180, requires proposed subdivisions to range from 4-10 DU/AC. The proposed subdivision consists of 4.3 DU/AC. Thus, meeting Specific Plan No. 180 density requirement for residential development. The proposed density of 4.3 units per acre is consistent with the Southwest Area Community Plan. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. A: TM21760-A 3 ENVIRONMENTAL DETERMINATION: FINDINGS: On July 18, 1988, the Riverside County Board of Supervisors adopted a Negative Declaration for Environmental Assessment Nos. 31943 and 31084 to be applied to Tract Nos. 22761, 22762, and 21760, Amended No. 2, at which time determined that the Conditions of Approval for Tentative Tract No. 21760, Amended No. 2 will mitigate any environmental concerns. The proposed use of action complies with State Planning and Zoning Laws. Reference Local Ordinance Nos. 348 and 460; and California Government Code Sections 65000- 66009 (Planning and Zoning Law). The site is suitable to accommodate the proposed land use in terms of the architectural floor plans, elevations and plotting of housing, due to the fact that the project complies with the development standards as outlined in Ordinance No. 348 and Specific Plan No. 180 The project as designed and conditioned will not adversely affect the public health or welfare nor affect the built or natural environment as determined in the previously adopted Negative Declaration for this project. Tract No. 21760, Amended No. 2, Minor Change No. 1, 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 proposed single family residences are consistent with the development of the subject Specific Plan 180 zone. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. Units have significant southern exposure which allows for passive heating opportunities. Deciduous landscaping can be utilized to allow A: TM21760-A 4 solar penetration in winter and shading in summer, 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. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated b</ reference, STAFF RECOMMENDATION: Planning Department Staff recommends that the Planning Commission Recommend to the City Council: ADOPT Resolution No. 91- recommending approval for Tract Map No. 21760, Amended No. 2, Minor Change No. 1. RA:ks Attachments: Resolution Conditions of Approval Exhibits A. Site Plan B. Propose Floor Plan and Elevations C. Previous Approved Floor Plan and Elevations A: TM21760-A 5 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TRACT MAP NO. 21760, AMENDED NO. 2, MINOR CHANGE NO. I TO REVISE THE ARCHITECTURAL FLOOR PLANS, ELEVATIONS AND PLOTTING OF HOUSING FOR LOTS 29, 49, 73, 78 AND 88, AND ALSO MODIFY CONDITIONS OF APPROVAL NOS. 18.Jd), 18Jk), AND 21Jg) TO ALLOW A 1' FIREPLACE ENCROACHMENT INTO THE 5' SIDE YARD MINIMUM SETBACK LOCATED AT PREECE LANE AND VIA FANITA AND KNOWN AS ASSESSOR'S PARCEL NO. 91.P.I.- 020-002-3. WHEREAS, Coleman Homes, Inc. filed Tract Map No. 21760, Amended No. 2, Minor Change No. 1 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tract Map (Minor Change) application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tract Map (Minor Change) on June 17, 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 Tract Map ~Minor Change); 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. J 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A: TM21760-A 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. 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 Tract Map ~ Minor Change) is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: I1 ) 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 Tract Map No. 21760, Minor Change 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. ~C) The proposed use or action complies with all other applicable requirements of state law and local ordinances. A: TM21760-A 7 D. (1) Pursuant to Section 7.1 of County Ordinance No. 0,60, no subdivision may be approved unless the following findings are made: 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 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 recommending approval of the proposed Tract Map {Minor Change), makes the following findings, to wit: a) The proposed use of action complies with State Planning and Zoning Laws. Reference Local Ordinance Nos. 30,8 and 0,60; and California Government Code Sections 65000- 66009 IPlanning and Zoning Law). A: TM21760-A 8 bT The site is suitable to accommodate the proposed land use in terms of the architectural floor plans. elevations and plotting of housing, due to the fact that the project complies with the development standards as outlined in Ordinance No. 3~8 and Specific Plan No. 180 c) The project as designed and conditioned will not adversely affect the public health or welfare nor affect the built or natural environment as determined in the previously adopted Negative Declaration forthis project. d) Tract No. 21760, Minor Change No. 1, 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 proposed single family residences are consistent with the development of the subject Specific Plan 180 zone. e) 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. f) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. Units have significant southern exposure which allows for passive heating opportunities. Deciduous landscaping can be utilized to allow solar penetration in winter and shading in summer. g) 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. h) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. E. As conditloned pursuant to SECTION 3, the Tract Map (Minor Change) is compatible with the health, safety and welfare of the community. A:TM21760-A 9 SECTION 2. Environmental Compliance. That the City of Temecula Planning Commission hereby determines that the previous environmental determination lAdoption of Negative Declaration for Environmental Assessment Nos. 31943 and 31084) still applies to said Tract Map ( Minor Change). SECTION 3. Conditions. That the City of Temecula Plannin9 Commission hereby recommends approval of Tract Map No. 21760, Amended No. 2, Minor Change No. 1 for the revision of the architectural floor plans. elevations and plotting of housing for Lots 29, 49, 73, 78 and 88, and also modify Conditions of Approval Nos. 18.(d), 18. 1k) and 21. ig) to allow a 1' fireplace encroachment into the 5' side yard minimum setback located at Preece Lane and Via Fanita and known as Assessor's Parcel No. 944-020- 002-3 subject to the following Conditions; A. Attachment 2, attached hereto. SECTION 4. PASSED. APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: TM21760-A 10 CITY OF TEMECULA CONDITIONS OF APPROVAL TRACT MAP NO. 21760, AMENDED NO. 2, MINOR CHANGE NO. 1 Commission Approval Date: Expiration Date: Planninq Department Modify Tract No. 21760, Amended No. 2 Riverside County Condition of Approval No. 18.(d) to read as follows: 18. ld) All side yard setbacks shall be a minimum of five 15) feet, and fireplaces shall be allowed to encroach one ( 1 ) foot into the five 15) foot minimum setback area. Modify Tract No. 21760, Amended No. 2 Riverside County Condition of Approval No. 18.1k) to read as follows: 18.(k) Building separation between the nearest structured portions of dwelling shall be no less than 10 feet excluding fireplaces. Modify Tract No. 21760, Amended No. 2 Riverside County Condition of Approval No. 21. {g) to read as follows: 21.(9) Building separation between all buildings excluding fireplaces shall not be less than ten {10) feet. The subdivider shall comply with the original Conditions of Approval for Tentative Tract Map No. 21760, Amended No. 2 Isee attached) exception as amended herein. A: TM21760-A 11 IIVERSXDE COUNTY PLANNZNG DEPARTHOlT SUBDXVXSXON CONDXTIONS OF APPROVAL TENTATIVE TRACT I10. 11760 DATE: 5-25-88 NENDED I10, l (, $TANDARD CONDTTIONS e g o fr~n any claim, action, or proceeding against the County of Riverside or 1as agents, officers, or employees to attack, set aside, void, or annul in approval of the County of Riverside, 1as advisory agencies, .appea3 boards or hgtslattve body concerning Tract No. 21760 Amended No. 2, ~htch action ts brought about ~thtn the time period provided for tn Coltfornia Government Code Section 66499.37. The County of Riverside will promptly notify the subdivider of h f end any ·uch claim, action, or proceeding against t e County o R~verstde vt3l coo rate fully ~n the defense. If the County fails to' promptly eot¶fy t~ee subdivider of any such clltm, action, or proceeding or fatls to h cooperate fully tn the defense, the subdivider · a31 not, thereafter, be responsible to defend, Indemnify, or hold harm]us the County of RIverside. 2. The tentative subdivision shall comply wlth the State of Collfornta Subdivision Hap Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. Thts conditionally Ipproved tentathe map w111 expire two ~ears after the County of Riverside Board of Supervisors approval date, unless extended as Fovtded by Ordinance 460. The fine1 map shaq1 be prepsrod by a 11cansad land surveyor subSect to the requirements ef the State of blifornta Subdivision Hap Act and Ordinance 460. The subdivider shall aubmlt one copy of a sotls report to the Riverside County Surveyor's Office and two copies to the Department of Buildtag and t stability and 9eolog Safety. The report shall address the so ls conditions of the site. if any grading ts proposed, the subdivider shall submtt one prtnt of comprehensive grading plan to the Department of lu!1dtng end Safety. The plan shall comply rlth the Untfom Butldtng Code, Chapter 70, Is amended by Ordinance 457 end as .~ybe additionally provided for tn these conditions of lpprovll. Cond¶tions of~tpprovsl Tract liD. 21760 Amended No. 2 Page 11 f. loot-mounted mechanical equipment shall not be permitre4 ~th(n the subdivision however solar equl nt or any other energy savtng devices sha~l be I~rmttted~th P~nnlng Department Ipproval. lu¶ldtn separetton betsen ell Imtldings including fireplsces shall g' ~ot be less than ten (Z0) feet. h. M1 street stde yard setbacks shall be a m~ntmum of ten (10) feet. 1. M1 front yards shall be Frovtded ~th landscaping end lutomattc irrigation. tr¶or to the lssuance of OCCUPANCY PEPJqIT$ the follwtng conditions shaql be satisfied: Prior to the f¶nsl Imlldtng inspection approval by the Butldlng and Safety Department, · s~x foot h~gh decorative vte~ fence shall be constructed slong Preece Lane, that is, the east property line. The required fence shall be sub3ect to the approval of the O~rector of the Department of B, Sld(ng and $4fety end the Planning Director. All landsca tng end trr! scion shall be Installed tn accordance ~th epproved p~ans prtor ~o the tssuance of occupancy pom~ts. if seasonal conditions do not permit planting, tntertm landscaping and eroston control measures shall be uttltzed es approved by the Planntng Director and the Directer of k(ldtng and $afe~y. c. Prior to the final IN11din inspection Opproval by the Building and Safety Department, Ill Fences, Is opproved b~ the fencing program, ihell be constructed. d. lot~thstendSn the preceding condStlons, ~herever In acoustical Itu ~ ts required for noise ,ttenuatton purposes, the hetghts of requdtred ~alls shall be datemined by the icoustic,l study ~here applicable. e. Concrete sidewalks shall be constructed throughout the subdivision tn accordance ~th the standards of Ordinance 461. f. Street trees shall be planted throughout the sul~ltvlslon tn accordance ~Tth the standards ef Ordinance 460. Conditions of Approvml Tract No. 21760 An~nded No. 2 Page 10 k. All dwelltog shall be located s mtntmum of ton feet from the toes and Ipproved b~ c 1, Natural drainage g~urses shall be rata¶ned In thelr natural state eheraver possible, m, All brw dttches, tarrace drains and other aloof s~les w~ere required shall be loned wtth ~atural erosion control materials or concrete, as Ipproved by the Planning Director and Butldtng and Safety, n. Any lmport or export of materials lhall be in accordance vlth County Ordinance No. 457 and No. S65 respectively. Prior to the tssuance of BUZLOXNG PERHZTS the follo~Ing conditions shall be satisfied: .,ld,.. ,.ued .y abe County o, .tve id. residentialidthtn the project boundary unit1 the developer's successor's-in-Interest provides evidence of compliance wtth public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the Riverside County Deparment of Building and Safety as mitigation for public library development. Prior to the submittal of building plans to the Department of Bulldln end SafeV an acoustical study shall be performed by an acousttca~ engineer to establish appro fiats mitigation measures that shall be applied to Individual dwelling units within the subdivision to reduce embtent triterfor noise levels to45 CNEL end exterior noise levels to 651:NEL. c. Prtor to the lssuance of butldtng pemtts final clearance shall be obtained from the Planning Department stipulating that the submitted !mtldTng plans conram to the spproved plan of development for the d. Prior to the tssuance of I~lldIng permtts, c~nposlte landscaping and Irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requlrtng landsca log and (rr¶gatlon to be taste led $ncluding. but not limited, to, pa~vay plant~n , street trees, slope planting, and Individual frontSlard landscapF~g. e. M1 dwell(rigs to be constructed ~lthtn thts subdivision shall be des gned and constructed idth fire retardant (Class A) roo~s as approved by the County Fire Hershal, Conditions of i~preval Tract No. 21760/~nended No. Z Plge g 9rlvedtys shell be de$tgned so as not to exceed I fifteen (iS) percent Irede. tr·dlng plans the11 conform to hard ·dopted H¶llslde Develo;~ent Standards: &11 cut ·rid/or f111 slopes, or Individual combinations thereof, vh~ch exceed ten feet tn verttcll helght shall be modafted by · n appropriate combthereon Of a apecan1 terractn (benchln9) plan, tactease slope ratto (t.e., 3:1), tete¶n(ng velVs, and/or slope lenttrig coff~¶ned vlth Irrigation. All drtvHys shall cot exceed e Tilt·an percent grade. g. M1 cot slopes located adjacent to' ungraded nature1 terraln and exceeding ten (10) feet tn vert~ca height shaql be contour-graded (ncorporat(ng the following graderig techn?ques: The angle of the graded slope shell be graduaqly ad3usted to the angle of the natural terretn. 2) Anguqar forms shaql be d1'scoureged. The graded fom shall reflect the natural rounded te~Ta~n. 3) 4) The toes and tops of slopes shall be rounded wtth curves wath radtl destgned tn proportion to the total he(ght of the slopes vhere dra(nage and stabt1(ty permit such rounding. i~ere cut or f111 slopes exceed 300 feet tn horizontal hngth, the horizontal contours of the slope shall be curved (n I cont(nuous, undullttng lashton. k. Natural features such as eater courses, spedmen trees and significant h rock outcro s s a11 be prateclad In the string of (ndtvtduel butld(ng lads on finny gradSrig plans. PrSor to the tssuance of gradlng pemlts, the developer shall provtde evtdence to the Dtroctor of Bulldlng and Safer7 that all adjacent off-site manufactured slopes have recorded slope easements end that Slope maintenance responstbt1(tSes have been asstgned as apprcved b~ the Dfrector of Bu¶ldtng and Safety, 3- Prtor to the Issuance of gradSrig pemfts, · quiltfled paleontologfst shall be rot·tried by the developer for consultation and co~nent on the roposed 9radlng ~lth respect to Imtentaal paleontologlcal ampacts. ~hould the paleontologist find the potentTel ts h(gh for (mpact ampact to significant resources, · pre-grade mating between the paleontologist end the excavatSon ind gradqn9 contractor shall be arranged. Vhen eecessary, the paleontologlst or represent·the shall have the author(t~ to temporar¶ly d(vert, redtract or haqt gradan9 · cttvtty tO allow recover/of fosstls. ,4 Conditions of Ap rove1 Tr·ct No. Zt760~ended No. 2 '-Page 8 5. bndsceptng plans shell Incorporate the use of spoctmen accent trees at k~ visual focal points utthln the project. 6. Vhere street trees cannot be planted vlthln right-of-ray of ,.t.r,or .,re.t..., tel.std". ,nsu.tct., ro.d right-of-~ay, they sh·T1 beIof the road rtght-of-~y. Landscaping plans shall Incorporate eattve end drought tolerant plants .here appropriate. All extsttng speclmen trees end significant rock outcroppings on the subloci property shell be shown on the prolect's grading plans and Shall note those to be moved, rolecaSed and/or retaqned. 9. All trees shell be mtnlmm double staked. grwlng trees shall be steel staked. Veaker and/or slo~ b. Prior to the lssuence of grading pomtts, a dretnage stud~ Indicating on-and off site flow patterns and volumes, probable tmpacts, and reposed mitigation measures shall be tapered, and shall be approved Ey County flood Control District and CaT·ross. c. ell approved grading and Imllding plans shsll reflect the utilization of st and beam foundations or the appropriate cmbtnatton of sp~tt hveT°;ads and post and beam foundations .hen development ¶s proposed on nature1 shpes of fifteen percent or greater measured over · her zontel dtstence of thirty (30) feet. 1f the project ls to be phased, prtor to the approval of grading mtts, ·n overall c~nc~plN·l gridin plan shill be submitted to the ~·nntng Dtrector for approval. The ~·n shill be used as · guideline for subsequent detailed fading ~ans for Individual phases of development end shell tnclu~e the following: 1. Technlques ~lch vtll be utlltzed to prevent eroston sediments·ton during end after the gradtag process. ,) danuar~ through !itch 3) Prellmtne~ pad and roadway ehvettons 4) Areas of temporer~ grading outstde of · particular phase · · eI renditions of ~pprove] Tract No. 2Z760 4needed No. Z · Fags 7 delineate Identified environmental ~ncerns and shall be pc·anent1 filed vfth the office of the County Surveyor. A copy o t e ECS she1{ f hn be transmitted to the PlonnSng Department for rev~ev · d opprovsl. The ·pprored ECS shall be lonerdad wtth copses of the recorded final map t~ the Planning Department end the Department of Butldtng end Safety. The folloWTrig note shell be placed on the Environments1 Constraints Sheet: "County GeologSc Deport No. Z9g and e.R. No. Zg9 (update) es Frepared for this property and ts on file at the Riverside County Planning Department.- o. The following .ore shell be placed on the Environmental Constraints Sheet: "Thts p~operty !s located ~thtn thtrty (30) miles of ~unt Polomar O~servatory. All proposed outdoor lSghttng systms shall be from 1or I~essure ·odium 1t bring s stems that shielded oftented so Is not to shine I~ove the ~orSzontel Ire plane passing through the 1urinate". 20. Prior to the tssuence of GR~DZNG PER~ZTS the following conditions shaq1 be satisfied: Prior to the Issuance of redtng permits detailed common open space area landscaping and Irrigation plans shall be submitted for Planning Department approval for the phase of development Sn roeass. The ~qans shall be carttried by · landscape architect, and s~all provide for the follovtng. ]. Permanent automatic Irrigation · stems shall be Installed on oll landscaped areas requiring irrigation. Z..Landscape screening ~here required shall be designed to be opaque .p to· alaSmum hetght of stx (6) feet ·teaturiC. 3. M1 .tJllt~ service ereas and enclosures shall be screened from Vted tdth landscaping Sad decorative barriers or baffle treatments, Is ·pproved by the Pl·nntng DSrector. Utilities Shaq1 k placed underground. 4. hrk~ays and landscaped ImlldSng ·etbacks shall be landscaped to Frovtde visual screening or · transition tnto the primary use area of the stte. Landscape elements shall 'Seclude earth bemtng, ground cover, shrubs mad specimen tree· tn conjunction ~th meandeHng sidewalks, benches and other destrice mmenttSes ~here Ipprei~fste as Ipproved by the Pl·nntng ~partJnent. et e Cimdtttons of ~proval Tract No. 21760 Amended No. 2 Froposed street 11ght 1royout ftrst from the ~ad DePartment's traffic engtneer and then from the appropriate uttllty purveyor. Following epp~ovel of the street 11ghttng lsJmutby the Road Deportment's traffic englaeer, the developer shell &1so file en application rlth LAFCO for the fonMtton of a street 11ghttng dtstrTct, or annexation to an extsttng 11 hitrig district, unless the stte Is vtthln an extsttng 11ghtlng d~strtct. 3) Pr¶or to recordatton oft he ftnal map. the developer shall secure conditional approval of the street 11ghttng application fro~ IJkFCO, unless the site ts ~Ethtn an extsttng 11ghttng district. k. Prtor to the recordatton of any final. map. I ftnaq plan of develornent shall be submitted for Planntng Department epprovaq pursuant to Section 7.lZg of0rdlnance 348. The fine1 plan of development shall conSeth the following elements: e. The stte's ftnal gradtrig plan hie A final s4te plan showtrig the lots. butldtng footprints, setbacks, yard spaces end floor plan and elevation Isstgnments to Individual lots. d. Atyptcal mechanical plan shoving the locat4on and placement of mechanical equipment for Individual d~elltngs. The requtred ftnal plan of develo;nent shall be tn substantta~ conformance ~tth the projects Ipproved gradtrig plan. site pqan. floor plans end elevations except as provSded for tn Sectto 7.11g(2). 1. ThTs subdivision may be recorded tn phases subject to the following: Proposed phsslng, Including phase boundaries, sequencing end floor plan selection. shall be subject to Plsnntn9 Dtrector's approval. Each proposed phase shell comply ,tth the provisions of Sectton 7.it of Ordinance 348. 3. If any phase of the subdtvTslon ~11 be developed ~lth fe~er than the ipproved number of floor lens, the cumulative mix of floor plans resulting from the sequentTsl recordatlon of phases shall comply vtth Sectton 7.ill(3) of Ord hence 340. m. Prior to recordatton of the final Rap, In Envlror,~ental Constraints Sheet (ECS) shall be prepared tn conjunction utth the final map to Conditions of ~pproval Tract No. 21760 Amended No. Page S l) The document to convey tttle Covenants, codes and restrictions to be recorded 3) Rana ement end maintenance agreements to be entered tnto~th the int*~lot o~ers of the project. The Ipproved documents shall be recorded et the same ttme that the subdhtston map ts recorded. 5atd documents shall contaln p~ovtslons for ownership or the 4rrevocable rfght to use the open space and amentt4es by the o~ners of the proJeCt. The epp~oved documents shall also contatn a provtslon vh(ch provtdes that the CC & R's my not be temlnated, or substantfally amended v4thout the consent of the County or Its successor-In-Interest. h. The developer shall c~ply vtth the followlng parkway landscaping conditions: Prtor to the lssuance of buildtrig pem¶ts, the developer shall secure approval of proposed landscaping end Irrigation plans fro~ the County Road and Planntng Department. &11 landscaping and Irrigation plans and specifications shall be prepared tn a reproducible format suttable for permanent ftllng vtth the County Road Department. 2} The developer shell post a landscape perfomance bond vh~ch shall be released concurrently vtth the release of subd4v(s(on ~ f 1 landscaping performance bonds, guaranteetng the v abelSty o a 1 ~ch N~11 be 1natalled prior to the assumption of the malntenance responstb¶ltt, y by the district. h (h assignees, s mtntenance uqttl such time as ma¶ntenance Is token over by t e dfstrfct. 1. The developer shall be responSIble for ma¶ntenance and upkeep of slopes, landscaped areas and trrfgatton systema untt1 such ttme as those operatlons are the respons¶bITItfes of other parttes as epproved b~the Planning DIrector, J. Street 11ghts shall be provtded vtthtn the subdivision In accordance ~th the standards of Ordinance 461 and the following: ~partment, the developer shell secure approval of the Conditions of Approval .Tract IIo. 11760/baended No. 2 Page 4 m. hnctng shall be p~ovtded throughout the subdhtston tn accordance edth the Ipproved plan of developeat. Wrtor to !tECORDATION of the final mp the following conditions shall be ntisfled: Prtor to the recordaaron of the final mp the applicant shall submit wittan clearances to the Riverside County Road and Survey Department that Ill pertinent requirements outllned In the attached approvaq letters from the folioring agencies have been wet. County Ftr~ DePartment Cobnay Health Department County flood Control County Planning Department Prior to the recordeaton of the final mp, Change of Zone No. 5105 shall be approved by the Board of Supervisors and shall be effective. Lots created by this land division shall be in conformnce with the development standards of the zone ultimately applied to the property. c. The subdivider shall comply with the' Rancho Voter District :~cmndattons dated 7-28-87, i copy of ~htch is matached. d, The cbs.~n open space area shall be shown as e numbered lot on the final map and shall be managed by a master property owners ossoctitton. A master IN'ope--,y o~ers association or lpproprtite public maintenance agency shill be established by the developer encompassing the entire specific plan, for the ownership, maintenance and management of the natural open space, and Ill comn open space lots landsclptng and trrf Itlon systems alon public rHds, m~lor project entry point facilities, signing and 1Vghttn9 is necessary as defined through the specific plln end conditions of Ipp~oval. A property e~mer's association with the unqualified right to assess the owners of the Individual unlts for reasonable maintenance costs shall be established end continuously maintained. The association shall lave the right to lien the pro arty of the oMmers who default tn the payment of their assessments. ~ch lten shill not be subordinate' to any encumbrance other than I first deed of tryst provlded such deed of trust is made in good faith and for value and is of record prior to the 1t~ oft he association. Prior to recordorion of the final subdivision map, the applicant shall submit to the Planning Deparbnent the followin9 documents for County approval which shall demonstrate to the satisfaction of the Department that the total project will be developed end maintained in accordance with the intent end purpose of the approval. fandTttons of Approval Tract IIo. 21760 Amended No. 2 Page 3 eehfcularaccess to I11 lots te each phase, end shall substantially conform to the intent and purpose of the subdivision apprmval. Lots c~neted by this subdhfsfon shall comply vtth the foilwing: a. All lots shall 'have a mlntmum stze of 6,392 square feet net. b. Lot lccess shall be restricted on Prance Lane and shall be noted on the final rap. c. Front yard setbacks on lot Nos. 32 and e5 abel1 be I n~nlmum of twenty (20) feet. d. All s~de 3lard setbacks shall be I m(n4mum of five (6)feet, and fireplaces shall not be Illowed to e~creach the five (5) feet mtntmum setback Irma. e. All lot length to v4dth rattos shall be In conromance vlth Sectton 3.6C of Ordfnance 460. Corner lots end through lots, tf any, shall be p~ov4ded vlth additional area pursuant to Section 3.88 of Ord4nance 450 and so as not to conta4n less net area than the least amount of net area tn non-corner and through lots. g. Lots created b,v thts Subdivision shall be In conromance vtth the development standards of the $.P. (Specific Plan) zone. h. Vhen lots Ire crossed b,vma~or publlc uttltt,v easements, each lot shall have e net usable area of not has than 3,600 square feet, exclushe of the urnStay easement. I. Graded but undevelo d lend shall be mainInland tna weed-free condition led Ihal~e be elther planted wtth tnterl~ landscaping or rovtded vtth other eroston conIre1 measures Is ippreved b.v the SirecroP of Bulld~ng and hfet,v. J. llo lots shall have less than 20 feet of frontage measured It the face of curbs. k. 8ulldtng separetTon between the nearest structured porttons of d~ellfng shall be no less than tO feet. 1. All drheva~s shall be concrete paved or as approved b,v the Plann4ng Department. ,/ IMpclarions of Approval Tract No. 21760 Amended No. 2 Page 2 7. A Fading Fermtt shell be obtetned fru~ the Departant of Building end f Saety Irlor to ce~ncemnt of any grading outside of county maintained mad fight of 8. ~ delinquent propert~ taxes shall be paid prior to recordalton of the final rap. * I. The subdhlder shall comply wlth the street Improvement reco~endations outlined Io the Riverside County Road Department's letter dated 10-7-87 e copy of which ts attached. 10. Legal access as required by 0rd~nance 460 shall be protided frmn the tract map bounder~ to a County ,~tntetned road. 31. All road easements shell be offered for dedication to the publlc and shall conttnue In force unttl the overntng bod~ accepts or abandons such offers, All dedications sha~l be free froe all encumbrances as approved b the Road Commlssloner. Street names shell be subject to approval of ~e Road Conntsstoner. Easements, when required for roadway slopes, drstnage facilities, call¶ties, etc., shell be show~ on the final gap ~f they Ire located ~thin the land dtvtston boundary. All offers of dedication and conveyances shall be submitted and recorded as dtrected by the County Surveyor. 33. Voter end sewerage dtsposaq facilities shall be lnstelled in accordance vfth the provisions set forth tn the Riverside County Health Deportmnt's hater dated 10-5-87 a copy of which ts attached. The subdivider shell comply with the flood control recommendations outlined by the Riverside County Flood Control Dtstrlct's letter dated 10-7-87 m copy of which is matechad. If the lmnd division lies within an adopted flood control drainage mree pursumnt to Section 10.25 of Ordinance 460, mppro flare fees for the construction of area drainage facilities shmll be oo~lected b) t e Rod C~tsstoner. h a The subdivider shall comply vtth the fire tmprover~nt rocmndations outlined tn the Count~ F$re Ikrshal's letter dated 10-6-87 I copy of ~hich ls oatached, The su1~!htder shall comply with the rocoemendatlons eutltned tn the Celttens letter dated 10-15-86, e copy of ~hich Is attached. 17. Sub4htsion phas?ng, including any proposed cormnon open space area Improvement phastn , tf applicable, shall be subject to Planning Department approval, Any proposed phasing shell provtde for adequate CITY OF TEMECULA ) ..~;~,~ cAsE LOCATION'MAP ) P.C. DATE CITY OF TEMECULA ~ C-P CZ 1706 M-M cz 98~ R 258; R-A-2 t ZONE CZ 5t05 R-A-2 ZONE MAP P.C. DATE 6-/~-~/ CITY OF TEMECULA ) COI~ SWAP MAP EXHIBrt A ~ / /I EXHIBIT -,/- / .~./ OPTIONAL DECE ~-~l~ o~E~o SECOND FLOOR KITCHEN LAUNDRY LIVING ROOM 3 CAR GARAGE OPTIONAL BONUS ROO.M FIRST FLOOR ~ '~ EXHIBIT Z:~ CASE// 7"',,.~ OPTIONAL /C/~. BEDROOM 4 Artist's conception EXHIBIT ~'- / CASE # '~,,~ ~ / -~ ~, .-.~ ~b~~' , ~./ ~ '~' ,~",~ ...~_ 't'¢~~ ~ ~ ~'~: ;.' ,] ;'' Artist~ conception ~' ZC DINING JCSEC'~NDtL~::)R FIILST FLOOR I~A1,OMA EXHIBff CASE iV '~,-'/z/~-~,~, ,,</~. / !TEM ~15 ITEM STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Parcel Map No. 26232 Prepared By: Scott Wright Recommendation: 1. RECOMMEND adoption of the Negative Declaration; and ADOPT Resolution 91 - recommending approval of Parcel Map No. 26232 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Wall Street Properties J. F. Davidson To create 15 commercial parcels ranging in size from 0.57 acre to 5.3 acres and a 38.8 acre remainder parcel. The easterly side of Winchester Road north and south of Nicolas Road. Specific Plan 164, General Commercial Land Uses North: South: East: West: Santa Gertrudis Creek Specific Plan 164, Residential Specific Plan 164, Commercial R-R I Rural Residential) Not requested. Mostly vacant, some sand and gravel mining along Santa Gertrudis Creek North: South: East: West: Santa Gertrudis Creek Residential Sand and Gravel Mining Winchester Road A: PM26232 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: Size of Site: No. of Parcels: Size of Commercial Parcels: Size of Remainder Parcel: 70 acres 16 0.57 acre to 5.3 acres 38.8 acres Parcel Map No. 26232 was submitted on May 8, 1990 in conjunction with Plot Plan No. 29, a proposed multi-tenant commercial center on a portion of the 70 acre site of Parcel Map No. 26232. Parcel Map No. 26232 was reviewed at the Preliminary Development Review Committee meeting of June 14, 1990, and the following lnformation was requested: easementsfor the equestrian trail and bicycle paths indicated by Specific Plan No. 164, the limits of the flood plain, a preliminary traffic study, and grading and drainage information. The Parcel Map was inactive for a number of months pending resolution of an issue with the California Department of Transportation regarding the proposed driveways on Winchester Road indicated on Plot Plan No. 29. The proposed land division will create 15 commercial parcels ranging from 0.57 acre to 5.3 acres in size and one 38.8 acre remainder parcel. Lot Size There is no required lot size for commercial parcels. All parcels are adequate to accommodate commercial structures. Access Although all proposed parcels do not abut a dedicated public street, the Conditions, Covenants, and Restrictions I CCSR's) will provide access for all parcels through provisions for reciprocal access and parking easements. Gradinq and Drainaqe The proposed commercial parcels will be graded to drain toward Winchester Road and into a drainage facility which will convey runoff to Santa Gertrudis Creek. An easement will be provided for the drainage facility along the westerly side of the site. A: PM26232 2 GENERAL PLAN AND SWAP CONSISTENCY: Equestrian Easement In accordance with Specific Plan No. 16LL a 15 foot wide equestrian easement is provided adjacent to Santa Gertrudis Creek. Flood Hazards The site is located in the 100 year flood plain of Santa Gertrudis Creek. Channel improvements in Santa Gertrudis Creek will be implemented by Assessment District 161. The developer is required to obtain clearance from the Federal Emergency Management Agency prior to issuance of permits. The proposed commercial land division is consistent with Specific Plan 16~, which designates the site for commercial land uses. ENVIRONMENTAL DETERMINATION: FINDINGS: An Initial Study was prepared for Parcel Map No. 26232 which determined that the project will not have any significant adverse environmental impacts which cannot be adequately mitigated by measures which have been incorporated as Conditions of Approval. Staff recommends adoption of a Negative Declaration. The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the parcels are of adequate size to accommodate commercial structures in conformance with the Specific Plantand use designation. 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 in that the project conforms to the Specific Plan designation of the site for commercial land use. A: PM26232 3 10. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. ~,60, Schedule E, in that the required development standards and improvements are provided on the Parcel Map and the Plot Plan and in their Conditions of Approval. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density in that all lots are adequate to accommodate commercial structures and reciprocal parking and access agreements are required in the Conditions of Approval. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat in that mitigations for all potential impacts are incorporated in Conditions of Approval. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels will have adequate southern exposure. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic in that reciprocal parking and access agreements are required in the Conditions of Approval. 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. The lawful conditions stated in the project~s Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. A: PM26232 ~, STAFF RECOMMENDATION: 11. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. Staff recommends that the Planning Commission: 1, RECOMMEND adoption of the Negative Declaration; and ADOPT Resolution 91 - recommending approval of Parcel Map No. 26232 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. SW:ks Attachments: 2. 3. u,. Resolution 91- Conditions of Approval Negative Declaration Exhibits: A. Vicinity Map B. Parcel Map A: PM26232 5 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL PARCEL MAP NO. 26232 TO SUBDIVIDE A 70 ACRE PARCEL INTO 16 PARCELS AT THE NORTHEAST AND SOUTHEAST CORNERS OF NICOLAS AND WINCHESTER ROADS ALSO KNOWN AS ASSESSOR'S PARCEL NUMBERS 911-150-027, 028, 029; 911-160-027, 029; 911-170-017; AND 919-350- 053. WHEREAS, Wall Street Properties filed Parcel Map No. 26232 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 June 17, 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 Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1 ) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A: PM26232 6 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. 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 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. J2) 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. 26232 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. ~1 ) Pursuant to Section 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. A: PM26232 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 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. J2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the parcels are of adequate size to accommodate commercial structures in conformance with the Specific Plantand use designation. A: PM26232 8 c) d) e) f) h) i) 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 in that the project conforms to the Specific Plan designation of the site for commercial land use. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. Lte0, Schedule E, in that the required development standards and improvements are provided on the Parcel Map and the Plot Plan and in their Conditions of Approval. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density in that all lots are adequate to accommodate commercial structures and reciprocal parking and access agreements are required in the Conditions of Approval. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat in that mitigations for all potential impacts are incorporated in Conditions of Approval. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels will have adequate southern exposure. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic in that reciprocal parking and access agreements are required in the Conditions of Approval. 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. A: PM26232 9 j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. k) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and hereln 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 was performed for this project which determined that although the project could have a significant effect on the environment, no significant impact would result to the natural or built environment of the City because impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project and a Negative Declaration, therefore, is hereby recommended. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 26232 for the subdivision of a 70 acre parcel into 16 parcels located at northeast and southeast corners of Nicolas and Winchester Roads also known as Assess's Parcel Nos. 911-150-027, 028, 029; 911-160-027, 029; 911-170-017; and 919- 350-053 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 17th day of June, 1991. DENNIS CHINIAEFF CHAIRMAN A: PM26232 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of June, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS A: PM26232 11 CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No: Project Description: Assessor's Parcel No.: 26232 To create 16 commercial parcels on a 70 acre site. 911-150-027, 028, 029 911-160-027, 029 911-170-017 919-350-053 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance L~60, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All slopes over three ~3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmlttal dated June 12, 1990, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. A: PM26232 12 The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated ;~ ~ ~ ~'~q I , a copy of which is attached. 10. 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 General Commercial zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. 11. 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. 12. Prior to recordation of the final map, an Environmental Constraints Sheet lEGS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 13. The following notes shall be placed on the Environmental Constraints Sheet: "This property is located within thirty 130) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy as outlined in the Southwest Area Plan." b. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 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. A: PM26232 13 Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betruing, ground cover, shrubs and specimen trees. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. 15. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 16. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Rod-mounted equipment shall be shielded from view of surrounding property. 17. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. 18. 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. A: PM26232 1L~ 19. 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. 26232, 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. 20. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 21. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 22. The Covenants, Conditions and Restrictions [CCSR's) shall be reviewed and approved by the Planning Director and the City Attorney prior to final approval of the tract maps. The CCF, R's shall include liability insurance, methods of maintaining the landscaped and parking areas, provisions for acceptance of and proper disposal of drainage from adjacent properties. maintenance required drainage facilities, and reciprocal access and parking easements. No lot or unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCF, R~s which shall include compulsory membership of all owners of lots and/or units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CCF~R~s shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. A: PM26232 15 Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Plannln9 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 711.4ld)(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 14 Cal. Code of Regulations 15075. If within such forty-eight (1~8) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project 9ranted herein shall be void by reason of failure of condition, Fish and Came Code Section 711 .Lt(c). Engineering Department The followin9 are the En9ineerin9 Department Conditions of Approval for this project, and shall be completed at no cost to any Covernment Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineerin9 Department. It is understood that the Developer correctly shows all exlstln9 easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 25. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the follow/n9 agencles: 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. 26. 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. 27. Nicolas Road shall be improved with 86 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- d-way in accordance with County Standard No. 100 (110V86~). A: PM26232 16 30. 31. 32. 33. 34. 35. 36. 37. 38. North General Kearny Road shall be improved with 38 feet of half street improvement plus one 18' lane, or bonds for the street improvements may be posted, within a dedicated right-d-way in accordance with County Standard No. 101 (100'/76'). In the event that construction of Winchester Road {Highway 79 ) improvements in conjunction with A.D. 161 has not begun, half-width plus one 18~foot lane street improvements shall be designed and constructed within a dedicated right-of-way per CalTrans letter dated September 16, 1990 1110' J 134' ), and an acceleration/deceleration lane shall also be provided as directed by CalTrans and the City Engineer. Bonds may be posted in lieu of construction. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Vehicular access shall be restricted on Highway 79 and so noted on the final map with the exception of public street intersections and driveway accesses as approved by the City Engineer and CalTrans. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage, if required, shall be delineated or noticed on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. A Notice of Intention to form or annex into the Temecula Community Service District, Service Level "C" (Landscape Maintenance), shall be submitted to TCSD. The engineering costs involved in District formation or annexation shall be borne by the developer. Notice of Intention to form or annex into the Temecula Community Service District, Service Level "A" {Medians), shall be submitted to TCSD. The engineering costs involved in District formation or annexation shall be borne by the developer. 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. A: PM26232 17 39. 41. 42. ~3. 44. 45. 46. 47. 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. All trails, as required by the City's Master Plans. f. 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. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 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 centerline street grade shall be 0.50 percent. 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 401 (curb sidewalk). A: PM26232 18 49. 50. 51. 52. 53. 54. 55. 56. 57. The subdivider shall submit two 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 9radin9 plan check. The subdivlder shall submit two 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-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map statin9 "Drainage easements shall be kept free of buildings and obstructions." As deemed necessary by the Engineering Department, a copy of the improvement plans, grading plans and final map, along with supportin9 hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 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. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Engineering Department. 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. Part of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Flood Damage Protection Ordinance 91-12 of the City of Temecula and the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. Part of the site is in an area identified on the flood hazards maps as Flood Zone B. All structures shall be protected from this hazard. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. A: PM26232 19 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: 60. 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. 61. 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. 62. 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. Prior to any work being performed, an application for Development Permit shall be submitted per Flood Damage Protection Ordinance 91-12 of the City of Temecula. All requirements of this Ordinance shall be complied with as directed and approved by the City Engineer. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to Riverside County 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. 65. A permit shall be required from GaiTtans for any work within the following right-of-way: Hi~lhway 79 66. A permit from Riverside County Flood Control District is required for work within its right-of-way. PRIOR TO BUILDING PERMIT: 67. 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. 68. 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. 69. Santa Gertrudis Creek Channel improvements shall be under construction by A.D. 161 along project boundary. A: PM26232 20 70. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 71. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 72. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 73. Asphaltic emulsion (fog seal) shall be applied not less than lu, days following placement of the asphalt surfacin9 and shall be applied at a rate of 0.05 9allon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 9L~ of the State Standard Specifications. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: A signln9 and striping plan shall be designed by a registered Civil Englneer and approved by the City Engineer for Winchester Road ( Highway 79 ), Nicolas Road and North General Kearny Road, and shall be included in the street improvement plans. 75. Plans for a traffic si9nal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersections of Nicolas Road at Winchester Road, and Nicolas Road at North General Kearny Road, and shall be included in the street improvement plans with the second plan check submittal. A: PM26232 21 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 76. All signing, striping and traffic signal improvements shall be installed and operational per the approved plans, with the exception that the traffic signal located at Nicolas Road and North General Kearny Road shall be constructed prior to issuance of certificate of occupancy of the final phase, or when signal warrants are met, whichever occurs first. A: PM26232 22 FROM: RE: County of Riverside DEPARTMENT OFHEALTH JUN 1! '9! 16:57 ~Mb:D 9~34~ PAGE.B~ 2m~e ~, l~gl {Date) ~*vgrGlde County Hell~h Department C/~ ,& Dqvid~ A~,~rlriAf~ct ~ Gentlemen: Re: AvailsHilly of Sanitary Sewer Service for Plot Plan 29 Parcel Rap 26232 We here)y advise y~ relative to the availability of santasty sewer mervtce for the above reference~ proposed develoINnent as follows: The property to be cccupted by the subJec~ proposed development: /--~; IS I~SEIfftY LardTED within the boundary lines of this Oistrtct's Zmp~ovl~lnt District No..U-~ and is eli~ibte ~o receive sanitary Sewer :errice, /'7 I~T IE A~D to this Dtstrict's Improveawnt Dtstrict No. fo!lewin~ which it will be eligible ta receive sanitary sewe""F service, ~/ II~T 8E INC~UDEI in a new Dimtries tmprovm~nont distr4ct. assess- mane ¢tstrtct or other profram to ) run, ned and tmplamonta~ for the purpose ef ~rovtdtng sanitary sewer facilities and smrvica for the general area within which ~hi$ proposed development ts located. following which 1t will b~ aligtble tc recetve sanitary s,wer service, provided: The developer camplete~ a~l necessary financtal and othe~ t December lg~2 LJ~XTXM~ ~X Or ~Wi I O ~O~strtc~m ~ch condi:~on, my include but a~e not ltmt~d ~, acts cf God, ~ ~Y ~[~ or dadsiena, or 1slot action= initiated by you have any q~s~ton$ or cP~ent$ ~ating the fo~egotn), do not hesitate cGntact t~i5 Very ~Uly ~nago~ of New Business Mm~l~: PO~ Offm~.~)~e S~)K2nt~.C~tdo~m;PZ~8)-1~ m Te,eph~e(TL4}gZ~-Td76 · Douglaue V. Kulberg Jeffrey L. Minklet Stephen M. Silla June 11, 1991 Mr. Robert Righetti City of Temecula Engineering Department 43180 Business Park Drive Temecula, CA 92390 Water Availability Parcel Map 26232 - Plot Plan 29 Roripaugh Village Dear Sir or Madam: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~lteve Brannon, P. E. Manager of Development Engineering SB:SD:ajtl01 cc: Senga Doherty, Engineering Technician 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 Requlrln9 Assessment: Name of Proposal, if applicable: Location of Proposal: Wall Street Property Co. 1250 Prospect Street, Suite 200 La Jolla, CA 92038 (619) 0,54-8864 May 17, 1991 CITY OF TEMECULA Plot Plan No. 29 and Parcel Map No. 26232 Northeast and southeast corners of Winchester Road and Nicolas Road 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, coverin9 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: PP29 23 Changes in deposition or erosion of beach sands, or chan9es 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 turbidlty? 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: PP29 24 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 I 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 I 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 A: PP29 25 10. 11. 12. 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, 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: Generation of substantial additional vehicular movement? Yes Maybe No X X X X X X A: PP29 26 Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, b/cyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmental services: 15. Energy. Will the proposal result in: 16. Use of substantial amounts of fuel or energy? 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 alterations to the following utilities: a. Power or natural gas? Yes Maybe No X X X X X X X X X X X A: PP29 27 17. 18. 19. 2O. 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 A: PP29 28 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 sustainln9 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 A: PP29 29 III Discussion of the Environmental Evaluation Earth 1.a. 1.b. 1 .c,d. 1.f. 1.g. Air 2.a. No. The project will not create an unstable earth condition or change the geologic substructure. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction and overcovering. This impact is not considered significant. No. Since the site was previously mass graded, there will not be a substantial change in topography. There are no unique physical or geological 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 significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydro-seeding disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices approved by the Engineering Department will be required. Yes. The northern portion of the proposed project extends into the channel of the Santa Gertrudis Creek. During construction, an increase in deposition and erosion will occur within the intermittent creek. Any alteration to the creek bed is subject to Assessment District 161 improvement plans and the affiliated Army Corps of Engineers permit. Yes. The area is designated as potentially susceptible to liquefaction. The soils report for the site states that the potential for liquefaction on the site is low due to the depth of the water table. The density of the soils. and the predominant grain size. The report recommends removal and recompaction of loose soils to further reduce the potential for liquefaction. Yes. The proposed project will generate an increase in vehicle trips to the site. The increased vehicle trips will increase the carbon monoxide emissions and particulates in the area. However, since the ambient air quality in the project vicinity is currently very good due to the local wind patterns, this potential impact is not considered significant. The proposed project will not by itself deteriorate the local area's air quality or regional air quality, but will add to the cumulative impact on air quality due to the substantial growth in the area. Some of the project generated traffic may simply represent a redistribution of traffic which would otherwise have a different destination. A: PP29 30 2.b,c. Water 3.a. 3.b. 3.d. 3,e. 3.f,g. 3.h. 3.i. Plant Life ~,.a-d. No. The proposed project will not create any objectionable odors or alter the areas climate. Yes. The northern portion of the project site extends into the Santa Certrudis Creek bed. The creek bed is being channelized per the requirements of Assessment District 161 and the affiliated Army Crops of Engineers permits. The creek bed improvements will mitigate any potential adverse impacts to Santa Gertrudis Creek. Yes. Addition of impermeable surfaces will alter absorption rates and the rate and amount of surface runoff. Drainage facilities shall comply with the requirements of the City Engineer. Major drainage patterns will not be altered. These impacts are not considered significant. The site is located in the 100 year flood plain of Santa Gertrudis Creek. The project will not affect the direction or rate of flow of flood waters. All grading and drainage facilities shall comply with the requirements of the City Engineer and the Assessment District 161 channel improvement plans for Santa Gertrudis Creek. No. The proposed project will not affect the amount of surface water in the Santa Gertrudis Creek. Major drainage patterns will not be changed. Yes. During construction, the proposed project will increase turbidity in local surface waters. This impact is temporary and is not considered significant. No. The proposed project will not alter the rate of flow of ground water. There will be no significant impact on the aquifer due to excavation, or direct addition to or withdrawals from the ground water. No. The proposed project will not significantly affect the public water supply. No. The Riverside County General Plan Flood Hazard Map shows the subject site within a 100 year flood plain. The developer shall comply with the requirements of the City Engineer and the Assessment District 161 channel improvement plans for Santa Gertrudis Creek. No. The subject site is currently undeveloped but was mass graded. There is very little natural vegetation left on the site. What does exist if primarily native weeds. The proposed use will not impact plant life in the area. New species of plants will be introduced to the site as part of the landscape requirements for the project. The addition of the new species is not considered a negative impact. The site is not currently being used for agricultural purposes. A: PP29 31 Animal Life 5.a. No. Since the subject site has previously been graded and considered disturbed, it is not anticipated that the proposed project will change the diversity of animal species or the number of animals in the area. 5.b,c. Yes. The subject site is located within the area designated by Riverside County as habitat for the endangered Stephen's Kangaroo Rat. The impact of building within the Stepbends Kangaroo Rat habitat will be mitigated through paying fees which will be used toward implementing Riverside County's Habitat Conservation Plan. Noise 6.8, Yes. On-site noise levels will increase temporarily during construction. Hours of construction are limited to daytime hours. This temporary impact is not considered significant. Long term noise impacts will increase due to increased traffic volumes. A noise level of 65 CNEL at a distance of 1~,5 feet from the center line of Nicolas Road is anticipated at buildout at the Roripaugh Estates Specific Plan Area in which the project is located. This could affect residential neighborhoods adjacent to Nicolas Road. No lots will take direct access from Nicolas Road, and perimeter walls will be adequate to reduce exterior noise to acceptable levels. 6.b. No. Severe noise will not be generated by the proposed project. Liqht and Glare Yes. The proposed project is located within the Mr. Palomar Observatory Street Lighting Policy Area which recommends the use of low pressure sodium vapor (LPSV) lights to help avoid interference with the Mr. Palomar telescope known as "skyglow". The use of LPSV lights will reduce the light and glare produced by the proposed project. In addition, all lights shall be directed on-site and not off-site. These measures will reduce light impacts to a level of insignificance. Land Use No. Specific Plan No. 16u· designates the site for commercial land uses. The project is consistent with the Specific Plan land use designation. Natural Resources 9.a,b. No. The proposed project will not increase the consumption rate of any natural or non-renewable natural resource. A: PP29 32 Risk of Upset 10.a. Maybe. The proposed project includes a service station which involves the use of explosive fuel. The potential for upset is addressed by the requirement for fuel storage facilities to comply with the Uniform Fire Code. 10.b. Maybe. If construction requires temporary blocking of any street lanes, the developer shall coordinate with the Police and Fire Departments. Population 11. No. The proposed project will not alter any aspect of the area's population. The employment opportunities generated by the project will not be significant in terms of inducing substantial population growth. Housin9 12. No. The proposed project will not affect the existing housln9 stock or create a significant demand for additional housing, Transportation/Circulation 13.a. Yes. The proposed commercial project will generate substantial volumes of additional traffic on the streets in the vicinity. The impacts of the additional traffic on the levels of service of streets in the vicinity wilt be mitigated by improvements to be implemented by Assessment District 161. 13.b. No. The proposed project is required to provide its own off street parking. The project shall be required to meet the parking requirements of the adopted City code. 13.c,e. No. The proposed project will not affect existing transportation systems, waterborne, rail or air traffic. 13.d. No. The project will not alter existing patterns of circulation. 13.f. No. Street improvements implemented by Assessment District 161 will mitigate the potential for traffic hazards which may result from additional traffic generated by the project. Public Services 14.a,b, e,f. Yes. The proposed commercial project will require public services in the areas of police, fire and maintenance of roads and public facilities. This impact is not considered significant. The incremental impact should be evaluated and the appropriate fees assessed. Property taxes should mitigate the impact and continuing need for services over the long term. A: PP29 33 14.c,d. No. The proposed project will not generate enough jobs to significantly impact the area's population. As a result, there will not be a significant impact to schools or parks. Enerqy 15.a,b. No. The proposed project will not result in the substantial use or increase in demand of fuel or energy. Utilities 16.a-f. No. The proposed project require 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 any health hazards or expose people to any undue health hazards. Aesthetics 18. No. The site will be adequately landscaped, and building elevations will not result in the creation of an aesthetically offensive view. Recreation 19. No. The subject site is not currently used for recreational uses. Cultural Resources 20.a. Maybe. Since the EIR for Specific Plan 164 included an archaeology study, an additional study is not required. However, due to the project's vicinity to Santa Gertrudis Creek, cultural resources sites may still be unearthed during grading. If a site is discovered during grading, a qualified archaeologist or paleontologist shall be called on- site to determine if the site is significant or not. 20.b-d. No. The proposed project will not affect any historic structure, unique cultural values or sacred uses. Mandatory Findlnqs of Siqnificance 21 .a. No. The proposed project will not have a significant impact on plant or wildlife species since the site has already been disturbed and the project will be subject to mitigation fees for the Stephen's Kangaroo Rat Habitat Conservation Plan. 21 .b,c. No. The project is not expected to result in any secondary impacts on population growth due to increased employment opportunities. Cumulative drainage and traffic impacts are adequately addressed by street and creek channel improvements to be implemented by Assessment District 161. A: PP29 21 .d. No. The project will not involve the use of hazardous materials other than fuel at a service station which must comply with the requirements of the Uniform Fire Code. The project will not expose humans to any health hazards. Potential flood and traffic hazards are addressed by improvements to be implemented by Assessment District 161. A: PP29 35 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. Date For CITY OF TEMECULA X A: PP29 36 CITY OF T'ii~iECULA ~ IT VICINITY MAP 3 CASE NO. P.C. DATE ~.-,,'tl . Jj ~ Recommendation: APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Plot Plan No. 29 Prepared By: Scott Wright 1. RECOMMEND adoption of the Negative Declaration; and ADOPT Resolution 91 - recommending approval of Plot Plan No. 29 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. Wall Street Properties J. F. Davidson To construct a multi-tenant commercial center with 21LL650 square feet of gross floor area on a 28.7 acre site. The easterly side of Winchester Road north and south of Nicolas Road. Specific Plan No. 16~,, General Commercial Land Uses. North: South: East: West: Santa Gertrudis Creek Specific Plan No. 164, Residential Specific Plan No. 164, Commercial RoR, Rural Residential Not requested. Mostly vacant, some sand and gravel mining along Santa Gertrudls Creek. A: PP29 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: North: South: East: West: Santa Gertrudis Creek Residential Sand and Gravel Mining Winchester Road Site Area: Building Area: Maximum Building Height: Parking Spaces: Landscaped Area: 28.7 acres 21~,650 sq.ft. 2 stories 1,276 38,709 sq.ft. Plot Plan No. 29 was submitted to the City on May 8, 1990 concurrently with Parcel Map No. 26232. The Plot Plan was reviewed at the Preliminary Development Review Committee meeting of June 1990, and the following information and materials were requested: additional Io~.~ing zones and refuse enclosures shown on the site plan, color elevations, better architectural treatment of the rear elevations of the larger buildings, bicycle trails and an equestrian trail as shown in Specific Plan No. 16~,, additional information regarding drainage, additional information on Assessment District 161 regarding road and drainage improvements, and a traffic study. The case planner met with the applicant's representative on July 8, 1990, and discussed a number of requirements including submittal of a traffic study, approval of the California Department of Transportation for curb cuts on Winchester Road {State Highway 79), and a Tentative Parcel Map showing existing and proposed topographical contour lines. The California Department of Transportation letter dated September 6, 1990 stated that the Department opposed direct vehicular access to the site from the State Highway. City Staff met with representatives of the Department of Transportation and the applicant several times in an effort to resolve this issue. The Department of Transportation was initially resistant to the request for direct site access from Winchester Road. Finally, at a meeting on April 2~,, 1991, the Department of Transportation agreed in principle to the existence and location of two driveways on Winchester Road, one north of Nicolas Road and one south of Nicolas Road. The third proposed driveway near the northwesterly corner of the site was deleted. The driveways are for right turns in and right turns out only, and the final design of the A: PP29 2 PROJECT DESCRIPTION: ANALYSIS: driveways and deceleration lanes shall be subject to the approval of the Department of Transportation. The project is a multi-tenant commercial center consisting of a two story office building with 30,000 square feet of floor area, three restaurants with a total of 1~,,000 square feet, ~,,038 square feet of service station/carwash space, and 166,580 square feet of commercial/retail space. Traffic Impacts The applicant submitted a traffic study evaluating the impacts of project generated traffic on the roadways which provide primary access to and from the project. The study area included Winchester Road from Rorlpaugh Road to Murrieta Hot Springs Road, and Nicolas Road from Winchester Road to General Kearny Road. The following off-site intersections were included in the analysis: Winchester and Nicolas, Winchester and Roripaugh, Winchester and Murrieta Hot Springs, Nicolas and Roripaugh, and Nicolas and General Kearny. The project is expected to generate 10,280 vehicle trips per day, 2% occurring in the AM peak hour and 8% in the PM peak hour. Much of this traffic will be a redistribution of existing traffic rather than new traffic which did not formerly exist. The redistribution of traffic will result in an increase in turning movements at Winchester and Nicolas and at site access driveways. A right turn pocket on Winchester at Nicolas, a left turn pocket on Nicolas at Winchester, and a left turn pocket on Nicolas at the center driveway access to the portion of the site north of Nicolas Road are provided. The projected future levels of service at the analyzed intersections will be the same with or without the project. All intersections operate at Level of Service I LOS) C or better, except for Winchester and Murrieta Hot Springs which operates at LOS E. With or without the project, projected traffic volumes will warrant the implementation of various roadway improvements, including widening Winchester Road to six lanes and signalizing the intersection of Nicolas and Winchester. Traffic movements at the central driveway access to the site on the north side of Nicolas Road will warrant the installation of a traffic signal at that location on Nicolas Road. The roadway improvements will be necessary as a result of traffic generated by other A: PP29 3 projects which are already approved and are not triggered by the proposed commercial development. Most of the needed improvements are already under design as part of Assessment District 161. If the proposed project is constructed prior to implementation of roadway improvements by the Assessment District, the developer shall be responsible for providing half street improvements plus one lane on Winchester Road, full street improvements on Nicolas Road, and signalization of the intersection of Nicolas and Winchester. ACCESS Ingress and/or egress are provided by seven driveways. Two driveways are provided on Winchester Road, one north of Nicolas Road and one south of Nicolas Road. The driveways on Winchester Road are restricted by medians to right turn in and right turn out traffic only. The westerly driveway on the north and south sides of Nicolas Road are also restricted to right in and right out only. The easterly driveway on the south side of Nicolas has unrestricted access. The central driveway on the north side of Nicolas is the major point of site access and will have unrestricted access with two lanes for inbound traffic and two lanes for outbound traffic. The easterly driveway on the north side of Nicolas Road is restricted to right in and right out only and is primarily for delivery trucks. Parkin9 The parking requirement for multi-tenant commercial centers is 5.5 spaces per 1,000 square feet of floor area. Based on a total floor area at 211~,650 square feet. The project is required to provide 1,183 spaces; 1,276 spaces are provided, including 26 handicapped spaces. Liquefaction Potential The site is in an area designated as potentially susceptible to liquefaction. The preliminary soils report states that the potential for liquefaction on the site is considered to be low due to the depth to groundwater, the density of soils, and the predominant grain size. Implementation of the recommended mitigations ( removal and recompaction of soils) shall be a Condition of Approval. A:PP29 ~, Gradinq and Drainaqe The site will be graded to drain in a westerly direction and the runoff will be conveyed through a drainage facility on the westerly side of the site to the Santa Gertrudis Creek Channel. The accompanying Parcel Map provides a 10 foot drainage easement along the west side of the site. The overall course of site drainage is not being altered. Flood Hazards The site is located in the 100 year flood plain of Santa Gertrudls Creek. Channel improvements in Santa Gertrudis Creek will be implemented by Assessment District 161. The developer is required to comply with City Ordinance 91-12 which may require clearance from the Federal Emergency Management Agency Landscaplnq 38,709 square feet of landscaping are provided, including substantial amounts of perimeter landscaping. The landscaping satisfies the requirement to provide 5 to 8 feet of perimeter landscaping and substantial interior planting in the parking area including trees to provide shade for a substantial number of parking spaces. Architecture and Elevations The architectural style is Mediterranean with stucco in earth tones and mission tile roofs. Rhythm and variety are provided by varied roof treatment, cornices, trellises, window treatment, columns, arches, recessed accent tiles, ceramic tile bulkheads, and wood storefronts. There is adequate articulation to prevent a flat, monotonous appearance at the rear of the larger buildings. The decorative bardscape includes planters, tree wells, color and texture contrasts, and interlocking pavers. Bioloqical, Archaooloqical, and Paloontoloqical Resources The site has already been disturbed by rough grading and there are no significant biological resources present. Payment of Stepbends Kangaroo Rat habitat Conservation Fees shall be a Condition A:PP29 5 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: of Approval. It is unlikely that there are any cultural or paleontolocjical resources which have not already been disturbed. However, if any cultural or fossil resources are discovered during grading, an archeologist or paleontologist shall be retained by the developer to supervise the recovery, recording, and preservation of the resources. The project is consistent with Specific Plan No. 16~ which designates the site for commercial uses. An Initial Study was prepared for Plot Plan No. 29 which determined that the project will not have any significant adverse environmental impacts which cannot be adequately mitigated by measures which have been incorporated as Conditions of Approval. Staff recommends adoption of a Negative Declaration. There is a reasonable probability that Plot Plan No. 29 will be consistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with state law in that the project is consistent with the existing Specific Plan land use designation for the site. 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 in that the project is consistent with the existing Specific Plan land use designation for the site. The proposed use or action complies with state planning and zoning laws in that the proposed uses comply with Ordinance No. 3L~8 and the action complies with state planning laws in that the Plot Plan complies with the standards of Ordinance 3L~8 and conforms to the Specific Plan land use designation for the sjte. 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 and compliance with the requirements of Ordinance 3u,8 in that landscaping, A:PP29 6 STAFF RECOMMENDATION: circulation layout, site access, and parking are in conformance with applicable requirements. The project as designed and conditioned will not adversely affect the public health or welfare in that the Conditions of Approval include mitigation measures. The proposal, as designed and conditioned, will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area and will not result in adverse traffic or aesthetic impacts to adjacent properties. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. Reciprocal parking and access agreements are required. The site is not subject to any significant adverse environmental impacts which cannot be adequately mitigated by the measures incorporated as Conditions of Approval. 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. 10. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Staff recommends that the Planning Commission: 1. RECOMMEND adoption of the Negative Declaration; and ADOPT Resolution 91 - recommending approval of Plot Plan No. 29 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. SW: ks A: PP29 7 Attachments: 2. 3. Resolution 91- Conditions of Approval Negative Declaration Exhibits A. Vicinity Map B. Plot Plan A:PP29 8 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLOT PLAN NO. 29 TO CONSTRUCT A MULTI-TENANT COMMERCIAL CENTER ON A PARCEL CONTAINING 28.7 ACRES LOCATED ON THE EAST SIDE OF WINCHESTER ROAD NORTH AND SOUTH OF NICOLAS ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 911-150-027, 028, 029; 911-160-027, 029; 911-170-017; AND 919-350-053. WHEREAS, Wall Street Properties filed Plot Plan No. 29 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 June 17, 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 DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 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: 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. A: PP29 9 There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Plot Plan No. 29 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. ~1 ) Pursuant to Section 18.30~ c), no plot plan may be approved unless the following flndings can be made: A:PP29 10 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 recommending approval of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 29 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with state law in that the project is consistent with the existing Specific Plan land use designation for the site. 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 in that the project is consistent with the existing Specific Plan land use designation for the site. c) The proposed use or action complies with state planning and zoning laws in that the proposed uses comply 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 and compliance with the requirements of Ordinance 3~,8. e) The project as designed and conditioned will not adversely affect the public health or welfare in that the Conditions of Approval include mitigation measures. A: PP29 11 f) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area and will not result in adverse traffic or aesthetic impacts to adjacent properties. g) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. h) The site is not subject to any significant adverse environmental impacts which cannot be adequately mitigated. 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. j) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. E. As conditloned 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 recommends approval of Plot Plan No. 29 to construct a multi-tenant commercial center located at the northeast and southeast corners of Winchester Road and Nicolas Road and known as Assessor~s Parcel Nos. 911-150-027, 028, 029; 911-160-027, 029; 911-170- 017; and 919-350-053 subject to the following conditions: A. Exhibit A, attached hereto. A:PP29 12 SECTION 4. PASSED, APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:PP29 13 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: Project Description: Assessoris Parcel No.: 29 Commercial Center with 21~,650 square feet of floor area. 911-150-027, 028, 029 911-160-027, 029 911-170-017 919-350-053 Pianninq Department The use hereby permitted by this plot plan is for a multi-tenant commercial center with approximately 196,500 square feet of gross floor area. 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. 29. 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. 29 marked Exhibit 1, 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. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department~s transmlttal dated June 12, 1990, a copy of which is attached. A:PP29 14 10. 11. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 50,6 and the County Fire Warden's transmittal dated June 20, 1990, a copy of which is attached. Prior to the issuance of grading or building permits, three ~3) copies of a Parking, Landscaping, Irrigation, and 5hadlng 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 inches. A minimum of 1,276 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 30,8. 1,276 parking spaces shall be provided as shown on the Approved Exhibit 1. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on u, inches of Class II base. A minimum of 26 handicapped parking spaces shall be provided as shown on Exhibit 1. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectori zed 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. A: PP29 15 12. 13. lq. 15. 16. 17. 18, 19. 20. 21. 22. 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 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. Building elevations shall be in substantial conformance with that shown on Exhibit 2. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit 2 (Color Elevations). 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. 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 Conservation Plan as implemented by County ordinance or resolution. 39 Class II bicycle rack spaces shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area, A:PP29 16 23. 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. 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. 25. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 26. Prior to the sale or lease of any structure as shown on Exhibit 1, a land division shall be recorded in accordance with Riverside County Ordinance No. u,60 and any other pertinent ordinance. 27. Prior to the issuance of grading permits and/or building permit, the developer or his successoris interest shall submit a mitigation monitoring program which shall describe how compliance with any required mitigation measures described in the Conditions of Approval will be met and the appropriate monitoring timing of the mitigation. The applicant shall pay all cost associated with all monitoring activities. 28. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 29. 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 151,275.00), 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 lu, Cal. Code of Regulations 15075. If within such forty-eight (1~8) 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 .u,(c). 30. A consistency check will be required for all structures to ensure that they conform to approved typical elevations. Prior to issuance of building permits, clearance from the South Coast Air Quality Management District shall be provided for all drive through lanes. 32. 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. A:PP29 17 If any cultural or fossil resources are discovered during grading, the developer shall retain an archaeologist or paleontologist to supervise the recovery, recording, and preservation of the resources. The liquefaction mitigation recommended in the preliminary soils report shall be implemented. Enqineerinq Department 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 two i2 ) 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. 37. 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. 38. A Geological Report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 39. 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. A: PP29 18 44. 45. ~6. q.7. q.8. 49. 50. 51. 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. Prior to issuance of any permits, application for a Development Permit shall be submitted per Flood Hazard Protection Ordinance 91-12 of the City of Temecula. All requirements of this Ordinance shall be complied with as directed and approved by the City Engineer. 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. A permit shall be required from CalTrans for any work within the following right-of-way. Hiqhway 79 The subdivider shall construct or post security and an agreement shall be executed 9uaranteeing 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. All trails, as required by the City's Master Plans. f. Undergrounding of existing and proposed utility distribution lines. The developer shall comply with the requirements of the City Engineer based on the recommendations of the Riverside County Flood Control District. A permit from the Riverside County Flood Control District is required for work within its right-d-way. A:PP29 19 52, A flood mitigation charge shall be paid. The charge shall equal the prevailin9 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. 53. The subdivider shall protect downstream properties from damage caused by alteration of the drainage patterns; i.e,, concentration of diversion of flow, Protection shall be provided by constructing adequate drainage facilities, including enlargin9 existing facilities or by securing a drainage easement. If deemed necessary, an encroachment permit shall be obtained from Riverside County Flood Control District to outlet storm flows directly into the flood control channel. 55. 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. 56. A copy of the improvement plans, grading plans and supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 57. Santa Gertrudis Creek Channel shall be under construction by A.D. 161 across the length of the project site prior to precise grading permit issuance 58. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 59. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. 60. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Flood Hazard Protection Ordinance 91-12 of the City of Temecula and the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. PRIOR TO ISSUANCE OF BUILDING PERMIT: 61. 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 5oil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 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. Private drainage easements for cross-lot drainage, if required, shall be recorded. A:PP29 20 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 FIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated Jassuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. 65. 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: 66. A minimum centerline street grade shall be 0.50 percent. 67. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. 68. 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 ~,00 and ~,01 {curb sidewalk). 69. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 1~61 and as approved by the City Engineer. 70° Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. u,00 and u,01. 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. This minimum centerllne radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. A:PP29 21 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. 75. In the event that construction of Winchester Road ~ Highway 79) improvements in conjunction with A .D. 161 have not begun, half width plus one 18 foot lane street improvements shall be designed and constructed within a dedicated right-of-way per CalTrans letter dated September 16, 1990 I110~J13u,"), and an acceleration/deceleration lane shall also be provided as directed by CalTrans and the City Engineer. 76. Nicolas Road shall be improved with 86 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with County Standard No. 100 (110'/86'). 77. Corner property line cut off shall be required per Riverside County Standard No. 805. Transportation Enqineering PRIOR TO ISSUANCE OF BUILDING PERMITS: 78. A signing and striping plan shall be designed by a registered Civil Engineer and approved by CalTrans and the City Engineer for Nicolas Road, and shall be included in the street improvement plans. Plans shall also be designed for Winchester Road (Highway 79) if Assessment District 161 has not begun construction. 79. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Nicolas Road at Winchester Road and Nicolas Road at the approved entry point, and shall be included in the street improvement plans with the second plan check submittal. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 80° All signing, striping and traffic signals shall be installed and operational per the approved plans. A: PP29 22 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FiRE PROTECTION GLEN J. NEWMAN FIRE CHIEF JUNE 20, 1990 PLANNING & ENGINEERING 46.209 OASIS STREET. SUITE 405 INDIO. CA 92201 (619) 342-8886 TO: PLANNING DEPARTMENT ATTN: SCOTT WRIGHT RE: PLOT PLAN #29 PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE, CA 92501 (714) 275-4777 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: 1. 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 4000 GPM for a 3 hour duration at 20 PSI residual operating pressure, which must be available before any combustible matarial is placed on the job site. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x2~x2~), 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. 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: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." PLOT PLAN 29 Page 2 The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. Install a complete fire sprinkler system in all buildings. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. Install a supervised waterfow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. 8. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 9. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 10. Certain designated areas will be required to be maintained as fire lanes. 11. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 12. The two story office building with the outside drive thru and canopy, will require a minimum 13"6' vertical clearance. 13. 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¢ pe uare foot as mitigation for fire protection impacts. This amount ~L ~ be submitted separately from the plan check review fees. 14. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist LC/tm TO: FROM: liE: County of Riverside DEPARTMENT OF HEALTH DATE: JUh 1~ '~I 18:57 EMWD 983~3 PAGE.O? ~Lme 3, 1991 Plo'~ Plan ;9 Parcel Yah 2S~32 iw hereby advise y~u relative to the avatlabflfty of sanitary sewer for the shove referenced proposed develoment as follows: The proDarty to be GCCupled by the subdec~ proposed development: end fs eligible to receqve sanfealty s/tier litvice, RUST eE AI~B to tMs Dfstrtct's Improvement Dtstrtct No. ['7 following whfch i~ will bl eligible re} receive sanitary ~e~v~cot /---/ rent s other progrme to be formed and Implemented the purpose of providing lan~tary sewer facilities end service for ~he ~e~eral area w~thtn which ~hh proposed development is located, following which It wi11 be eligible tc receive sanitary sewer servlce, provivid; t) The developer comp~ete~ all necessary f~nandsl and other ~T~'otstrtc~, which condf;ioas my ~clude but are not 14mtted ,.o, acts d God, REGI~ATIIY AGE]ICV Iq~WlRrfllENT$ or dedsfons, or 1era1 actions m~tiated by ot~ersl ~f you have any q~s~io~5 or c~nts regaNfng the foregoing, do not hesitate co c~ntact this office. ~nager of N~ Business Mall ~b: P~t Off~ ~ 83~ · S~ JK/nta, C~hforni~ 92~g)- 1 ~ s Te;ep~e (714} ~5-7~76 Wain ~i~: ~5 ~ 5mJ~ln~ 5~ 3~ jKi~o · C~: ~nn~ An~ ~ lhnc o Water John F. Hennig~r June 11, 1991 Mr. Robert Righetti City of Temecula Engineering Department 43180 Business Park Drive Temecula, CA 92390 Water Availability Parcel Map 26232 - Plot Plan 29 Roripaugh Village Dear Sir or Madam: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~lteve Brannon, P. E. Manager of Development Engineering SB:SD:ajtl01 cc: Senga Doherty, Engineering Technician CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. NamedProponent: 2. Address and Phone Number of proponent: 5. 6. Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Wall Street Property Co. 1250 Prospect Street. Suite 200 La Jolla, CA 92038 (619) May 17. 1991 CITY OF TEMECULA Plot Plan No. 29 and Parcel Map No. 26232 Northeast and southeast corners of Winchester Road and Nicolas Road II Environmental Impacts Explanations of all answers are provided on attached sheets. ) Yes Maybe 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? __ __ Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? The destruction, covering or modi- fication of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or off site? X No X X A:PP29 23 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: PP29 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 l 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: PP29 25 10. 11. 12. 13. 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 i n vol ve: 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 demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes Maybe No X X X X X X X X X X X A:PP29 26 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 14. 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: PP29 27 17. 18. 19. 20. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X X X X X X X X A:PP29 28 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? I 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 No X X X X A: PP29 29 Discussion of the Environmental Evaluation Earth 1.a. 1.b. 1 .c,d. 1.6. 1.f. 1.g. Air 2.a. No. The project will not create an unstable earth condition or change the geologic substructure. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction and overcovering. This impact is not considered significant. No. Since the site was previously mass graded, there will not be a substantial change in topography. There are no unique physical or geological 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 significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydro-seeding disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices approved by the Engineering Department will be required. Yes. The northern portion of the proposed project extends into the channel of the Santa Gertrudis Creek. During construction, an increase in deposition and erosion will occur within the intermittent creek. Any alteration to the creek bed is subject to Assessment District 161 improvement plans and the affiliated Army Corps of Engineers permit. Yes. The area is designated as potentially susceptible to liquefaction. The soils report for the site states that the potential for liquefaction on the site is low due to the depth of the water table. The density of the soils, and the predominant grain size. The report recommends removal and recompaction of loose soils to further reduce the potential for liquefaction. Yes. The proposed project will generate an increase in vehicle trips to the site. The increased vehicle trips will increase the carbon monoxide emissions and particulates in the area. However, since the ambient air quality in the project vicinity is currently very good due to the local wind patterns, this potential impact is not considered significant. The proposed project will not by itself deteriorate the local area~s air quality or regional air quality, but will add to the cumulative impact on air quality due to the substantial growth in the area. Some of the project generated traffic may simply represent a redistribution of traffic which would otherwise have a different destination. A: PP29 30 2.b,c. Water 3.a. 3.b. 3.d. 3.e, 3.f,g. 3.h. 3.i. Plant Life ~.a-d. No. The proposed project will not create any objectionable odors or alter the areas climate. Yes. The northern portion of the project site extends into the Santa Certrudis Creek bed. The creek bed is being channelized per the requirements of Assessment District 161 and the affiliated Army Crops of Engineers permits. The creek bed improvements will mitigate any potential adverse impacts to Santa Certrudis Creek. Yes. Addition of impermeable surfaces will alter absorption rates and the rate and amount of surface runoff. Drainage facilities shall comply with the requirements of the City Engineer. Major drainage patterns will not be altered. These impacts are not considered significant. The site is located in the 100 year flood plain of Santa Certrudis Creek. The project will not affect the direction or rate of flow of flood waters. All grading and drainage facilities shall comply with the requirements of the City Engineer and the Assessment District 161 channel improvement plans for Santa Gertrudis Creek. No. The proposed project will not affect the amount of surface water in the Santa Gertrudis Creek. Major drainage patterns will not be changed. Yes. During construction, the proposed project will increase turbidlty in local surface waters. This impact is temporary and is not considered significant. No. The proposed project will not alter the rate of flow of ground water. There will be no significant impact on the aquifer due to excavation, or direct addition to or withdrawals from the ground water. No. The proposed project will not significantly affect the public water supply. No. The Riverside County General Plan Flood Hazard Map shows the subject site within a 100 year flood plain. The developer shall comply with the requirements of the City Engineer and the Assessment District 161 channel improvement plans for Santa Gertrudis Creek. No. The subject site is currently undeveloped but was mass graded. There is very little natural vegetation left on the site. What does exist if primarily native weeds. The proposed use will not impact plant life in the area. New species of plants will be introduced to the site as part of the landscape requirements for the project. The addition of the new species is not considered a negative impact. The site is not currently being used for agricultural purposes. A: PP29 31 Animal Life No. Since the subject site has previously been graded and considered disturbed, it is not anticipated that the proposed project will change the diversity of animal species or the number of animals in the area. Yes. The subject site is located within the area designated by Riverside County as habitat for the endangered Stepbends Kangaroo Rat. The impact of building within the Stephen~s Kangaroo Rat habitat will be mitigated through paying fees which will be used toward implementing Riverside County~s Habitat Conservation Plan. Noise 6.a. Yes. On-site noise levels will increase temporarily during construction. Hours of construction are limited to daytime hours. This temporary impact is not considered significant. Long term noise impacts will increase due to increased traffic volumes. A noise level of 65 CNEL at a distance of lu,5 feet from the center llne of Nicolas Road is anticipated at buildout at the Rorlpaugh Estates Specific Plan Area in which the project is located. This could affect residential neighborhoods adjacent to Nicolas Road. No lots will take direct access from Nicolas Road, and perimeter walls will be adequate to reduce exterior noise to acceptable levels. 6.b. No. Severe noise will not be generated by the proposed project. Liqht and Glare Yes. The proposed project is located within the Mr. Palomar Observatory Street Lighting Policy Area which recommends the use of low pressure sodium vapor (LPSV) lights to help avoid interference with the Mr. Palomar telescope known as "skyglow". The use of LPSV lights will reduce the light and glare produced by the proposed project. In addition, all lights shall be directed on-site and not off-site. These measures will reduce light impacts to a level of insignificance. Land Use No. Specific Plan No. 16o, designates the site for commercial land uses. The project is consistent with the Specific Plan land use designation. Natural Resources 9.a,b. No. The proposed project will not increase the consumption rate of any natura] or non-renewable natural resource. A: PP29 32 Risk of Upset 10.a. Maybe. The proposed project includes a service station which involves the use of explosive fuel. The potential for upset is addressed by the requirement for fuel storage facilities to comply with the Uniform Fire Code. 10.b. Maybe. If construction requires temporary blocking of any street lanes, the developer shall coordinate with the Police and Fire Departments. Population 11. No. The proposed project will not alter any aspect of the area's population. The employment opportunities generated by the project will not be significant in terms of inducing substantial population growth. Housing 12. No. The proposed project will not affect the existing housing stock or create a significant demand for additional housing. T ran sportation / Ci rcu lation 13.a. Yes. The proposed commercial project will generate substantial volumes of additional traffic on the streets in the vicinity. The impacts of the additional traffic on the levels of service of streets in the vicinity will be mitigated by improvements to be implemented by Assessment District 161. 13.b. No. The proposed project is required to provide its own off street parking. The project shall be required to meet the parking requirements of the adopted City code. 13.c,e. No. The proposed project will not affect existing transportation systems, waterborne, rail or air traffic. 13.d. No. The project will not alter existing patterns of circulation. 13.f. No. Street improvements implemented by Assessment District 161 will mitigate the potential for traffic hazards which may result from additional traffic generated by the project. Public Services lzka,b, e,f. Yes. The proposed commercial project will require public services in the areas of police, fire and maintenance of roads and public facilities. This impact is not considered significant. The incremental impact should be evaluated and the appropriate fees assessed. Property taxes should mitigate the impact and continuing need for services over the long term. A: PP29 33 No. The proposed project will not generate enough jobs to significantly impact the area~s population. As a result, there will not be a significant impact to schools or parks. Ener.qy 15.a,b. No. The proposed project will not result in the substantial use or increase in demand of fuel or energy. Utilities 16.a-f. No. The proposed project require 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 any health hazards or expose people to any undue health hazards. Aesthetics 18. No. The site will be adequately landscaped, and building elevations will not result in the creation of an aesthetically offensive view. Recreation 19. No. The subject site is not currently used for recreational uses. Cultural Resources 20.a. Maybe. Since the EIR for Specific Plan 16~, included an archaeology study, an additional study is not required. However, due to the projectss vicinity to Santa Gertrudis Creek, cultural resources sites may still be unearthed during grading. If a site is discovered during grading, a qualified archaeologist or paleontologist shall be called on- site to determine if the site is significant or not. 20.b-d. No. The proposed project will not affect any historic structure, unique cultural values or sacred uses. Mandatory Findinqs of Siqnificance 21 .a. No. The proposed project will not have a significant impact on plant or wildllfe species since the site has already been disturbed and the project will be subject to mitigation fees for the Stephen*s Kangaroo Rat Habitat Conservation Plan. 21 .b,c. No. The project is not expected to result in any secondary impacts on population growth due to increased employment opportunities. Cumulative drainage and traffic impacts are adequately addressed by street and creek channel improvements to be implemented by Assessment District 161. A: PP29 3~, 21 .d. No. The project will not involve the use of hazardous materials other than fuel at a service station which must comply with the requirements of the Uniform Fire Code. The project will not expose humans to any health hazards. Potential flood and traffic hazards are addressed by improvements to be implemented by Assessment District 161. A: PP29 35 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. Date For CITY OF TEMECULA X A: PP29 36 CITY OF T'E~ECULA ) SIT ./ VICINITY MAP D CASE NO. P.C. DATE ~,/t~/~1 I l ITEM #16 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Appeal No. 14 Prepared By: Mark Rhoades Recommendation: The Planning Staff recommends that the Planning Commission: ADOPT Resolution 91 - denying Appeal No. Administrative Plot Plan No. 103, based on the Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Nissan of Temecula Precision Sign Group, Inc, An Appeal of the Planning Director's Denial of an application for a free-standing monument sign. Li1895 Motorcar Parkway, southeast corner of Ynez Road and Motorcar Parkway. C-1/c-P General Commercial) North: C-1/C-P South: C-1/C-P East: C-I/C-P West: M-M Not requested. Automobile Dealership General Commercial ) General Commercial ) General Commercial ) Man ufactu ring -Medi um) North: Vacant South: Retail Center East: Automobile Dealership West: Automobile Dealership A:APP14 1 PROJECT STATISTICS: BACKGROUND: ANALYSIS: Number of Proposed Signs: Height of Sign: Square Footage of Sign: Square Footage of Sign Area: 1 20' 8~,' 36' On March 13, 1991, Precision Sign Group, Inc. filed Administrative Plot Plan No. 103 for Nissan of Temecula. The proposed signage included a twenty foot high monument identification sign at the northwest corner of the project site. The proposed sign was denied by the Planning Department. Appeal No. 1~ was filed on April 5, 1991. The applicant has appealed the Planning Department's denial of Administrative Plot Plan No. 103 based on the fact that there are existing signs in the area which exceed the height recommended by Staff. The applicant is also appealing "the height limit set by Staff on an individual preference basis". Section 19.~ of Ordinance 3~8 states that the maximum height of a free-standing sign shall be twenty (20) feet. However, the Planning Department has determined that appropriate identification consists of something substantially less than 20 feet. Staff has determined that a six foot high monument sign will be visible in this location and is appropriate for the single lot with single user by informal direction of the Commission and Council. In accordance with Staff's criteria, Toyota of Temecula has erected a monument sign. The Paradise Chevrolet Dealership has also been advised of the Staff determination for appropriate area signage. In the area of the proposed slgnage, there are existing monument signs which exceed the Staff criteria. The Acura Dealership has a monument sign which is approximately 12 feet high, and minimal in character. The retail center adjacent to the subject has monument signs which are approximately 20 feet high. Both sign applications were approved by the County of Riverside. The Planning Commission and the City Council has indicated previously that the current sign ordinance states maximum heights and that signs should be reviewed as to the location and necessity of height to achieve visibility. The Commission and Council have also indicated that City sign guidelines and ordinances should be developed to establish to clarify the City's standards regarding signage. A:APPI~ 2 FINDINGS: By Commisslon and Council direction. Staff has been requiring free-standing monument signs to be a maximum of 6 feet high on all projects consisting of single lot single users. This standard is being used until formal guidelines and ordinances are adopted or until the Commission and Council give Staff new direction. With all Staff~s decisions, appealable to the Planning Commission and City Council, the ultimate sign design lies with the City Council. There is a reasonable probability that Administrative Rot Plan No. 103 (Appeal No. lu,) will be inconsistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with state law. The project, as proposed, is inconsistent with current City policy regarding the height of free-standing monument signs for single lot single users. The project would therefore be inconsistent with new development standards adopted with the new General Plan. There is a likely probability of substantial detriment to, or interference with, the City's future General Plan if the proposed use is ultimately inconsistent with the plan. The project would set a precedence which would hinder development of new standards within the development code regarding sign heights. The project is inconsistent in size, height, and bulk with other free-standing monument signs for similar uses within the area. Other auto dealer signs, which are not freeway oriented, are of smaller height and scale with the proposed sign being similar to commercial center signs within the area consistent of multiple uses and parcels. The site does not pose any special features which require a height of over six feet for view and identification. The area is relatively flat with clear line of sight into the project area. A:APP14 3 STAFF RECOMMENDATION: The Planning Staff recommends that the Planning Commission: ADOPT Resolution 91 - denying Appeal No. 14, Administrative Plot Plan No. 103, based on the Findings contained in the Staff Report. MR:ks Attachments: 1. Resolution 91- A:APP14 ~, RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING APPEAL NO. 1~,, ADMINISTRATIVE PLOT PLAN NO. 103, TO CONSTRUCT A 20 FOOT HIGH FREE-STANDING MONUMENT SIGN ON A PARCEL LOCATED AT 41895 MOTORCAR PARKWAY. WHEREAS, Precision Sign Group filed Appeal No. 14 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Appeal 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 Appeal on June 17, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Appeal; 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. J2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: 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. A:APP14 5 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 Ceneral 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 inconsistent 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 denying projects pursuant to this title, each of the following: a) There is reasonable probability that Appeal 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 a 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. D. {1) Pursuant to Section 18.301c), a plot plan may be denied if any of the following findings can be made: a) The proposed use does not conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. A:APPlq. 6 b) The overall development of the land is not designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. (2) The Planning Commission, in denying the Appeal, makes the following findings, to wit: a) There is a reasonable probability that Administrative Plot Plan No. 103 (Appeal No. 1~) will be inconsistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with state law. The project, as proposed, is inconsistent with current City policy regarding the height of free-standing monument signs for single lot single users. The project would therefore be inconsistent with new development standards adopted with the new General Plan. b) There is a likely probability of substantial detriment to, or interference with, the City's future General Plan if the proposed use is ultimately inconsistent with the plan. The project would set a precedence which would hinder development of new standards within the development code regarding sign heights. c) The project is inconsistent in size, height, and bulk with other free-standing monument signs for similar uses within the area. Other auto dealer signs, which are not freeway oriented, are of smaller height and scale with the proposed sign being similar to commercial center signs within the area consistent of multiple uses and parcels. d) The site does not pose any special features which require a height of over six feet for view and identification. The area is relatively flat with clear right line of site into the project area. SECTION 2. Conditions. That the City of Temecula Planning Commission hereby denies Appeal No. lu,, Administrative Plot Plan No. 103, to construct a 20 foot high sign located at ~,1895 Motorcar Parkway. A:APP1LI. 7 SECTION 3. PASSED, DENIED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:APP14 8 !TEM #17 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Case No.: Temporary Outdoor Activities Ordinance Prepared By: Oliver Mujica Recommendation: 1. ADOPT Resolution No. P.C. 91- recommending adoption of the Temporary Outdoor Activities Ordinance. APPLICATION INFORMATION APPLICANT: PROPOSAL: BACKGROUND: DISCUSSION: City of Temecula An Ordinance establishing regulations for Temporary Outdoor Activities. The purpose for preparing the proposed Temporary Outdoor Activities Ordinance is due to the inadequacy of the County Ordinance No. 3~,8 as it relates to temporary outdoor events, in which Section 19.50 (attached) provides the following standards and requirements: a. Major Outdoor Event (5,000 or more people). b. Minor Outdoor Event (100 to 5,000 people). No time limitations for major or minor outdoor events. d. No public notice requirements for applications. No advanced submittal requirements for applications processing. In order to provide the City of Temecula with specific and complete standards for regulating Temporary Outdoor Activities, the City Attorney has prepared the attached Ordinance which includes, in summary, the following main components: A:OUTDOOR.ACT 1 Major Outdoor Activity Permit. Temporary outdoor activities involving more than five hundred (500) people which may be expected to attend at one time shall be permitted after a review by the Planning Department, subject to the approval of the City Planning Director. An application for a Major Outdoor activity Permit shall be made no later than sixty (60) days in advance of the proposed scheduled activity. Major Outdoor Activity Permits shall not be granted for periods exceeding five (5) consecutive days or for events or activities held more than twice a calendar year. Minor Outdoor Activity Permits. Temporary outdoor activities involving one hundred fifty ( 150 ) people but less than five hundred ( 500 ) people which may be expected to attend at one time shall be permitted after review by the Planning Department, subject to the approval of the Planning Director or his Designee. An application for a Minor Outdoor Activity Permit shall be made no later than thirty (30) days in advance of the proposed scheduled activity. Minor Outdoor Activity Permits shall not be granted for periods exceeding five (5) consecutive days or for events or activities held more than twice a calendar year. Activity Permits. Temporary outdoor activities involving less than one hundred fifty (150) people which may be expected to attend at one time shall be permitted subject to the approval of the Planning Director or his Designeo. An application for an Activity Permit shall be made no later than thirty (30) days in advance of the proposed scheduled activity. Activity Permits shall not be granted for periods exceeding four {L~) consecutive days or for events or activities held more than four {L~) times a calendar year with a minimum of thirty ~30) days separating each event or activity. A:OUTDOOR.ACT 2 CONCLUSION: ENVIRONMENTAL DETERMINATION: FINDINGS: GENERAL PLAN AND SWAP CONSISTENCY: Application requirements, including a list of all current owners of property within three hundred 1300 ) feet of the exterior boundaries of the subject property. The list shall be keyed to an Assessor~s Parcel Map showing the location of these properties; and a set of mailing labels for this list shall be provided. As noted above and outlined in the attached proposed Ordinance, the proposed Temporary Outdoor Activities Ordinance provides the City with the standards to thoroughly review an applicant's proposal as well as providing the necessary control measures needed to ensure the public safety; to provide event organization; and control the overall quality and number of such events. This project does not have a potential for causing a significant affect on the environment. Therefore, Staff has determined that the project is exempt from CEQA under Section 15061 { b} 13). The proposed Temporary Outdoor Activities Ordinance is necessary to bring about eventual conformity with the City's future Land Use plans. There is reasonable probability that the proposed Temporary Outdoor Activities 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. The proposed Temporary Outdoor Activities 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. A:OUTDOOR.ACT 3 STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: 1. ADOPT Resolution No. P.C. 91 - recommending adoption of the Temporary Outdoor Activities. OM:ks Attachments: R esol ution "Draft" Ordinance Riverside County Ordinance No. 348 (Section 19.50) A:OUTDOOR.ACT 4 RESOLUTION NO. P.C. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL ADOPT THE TEMPORARY OUTDOOR ACTIVITIES ORDINANCE. WHEREAS, City Ordinance No. 90-04 adopted by reference certain portions of the non-codlfied Riverside County Ordinances, including Ordinance No. 348 ( "Land Use Code" ); and WHEREAS, such regulations do not contain adequate provisions for Temporary Outdoor Activities; and WHEREAS, the City of Temecula desires to further regulate the Temporary Outdoor Activities and to protect the health, quality of life, and the environment of the residents of Temecula; and WHEREAS, a public hearing was conducted on June 17, 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 Temporary Outdoor Activities Ordinance will provide for the establishment of regulations for temporary outdoor activities and events. SECTION 2. That the Planning Commission of the City of Temecula further finds that the proposed Temporary Outdoor Activities Ordinance is necessary to bring about eventual conformity with its future land use plans. SECTION 3. That the PI anning Commission of the City of Temecula hereby finds that the proposed Temporary Outdoor Activities Ordinance is exempt from the California Environmental Quality Act under Section 15061(b)~3). SECT I ON u,. That the Plan ning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Temporary Outdoor Activities Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Exhibit "A" and dated June 17, 1991 for identification. A:OUTDOOR.ACT 5 PASSED APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission AYES: COMMISSIONERS NOES: COMM)SSIONERS ABSENT: COMMISSIONERS A:OUTDOORoACT 6 ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.14, PERTAINING TO TEMPORARY OUTDOOR ACTIVITIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.1~, is hereby added to the Temecula Municipal Code, which shall read as follows: CHAPTER: 9.14 TEMPORARY OUTDOOR ACTIVITIES Sections: 9.14.010 9.14.012 9.14.014 9.14.016 9.14.018 9.14.020 9.14.022 9.14.024 9.14.026 9.14.028 9.14.030 9.14.032 9.14.034 9.14.036 9.14.038 Purpose Definitions Categories Application and Fees Standards of Operations Overnight Camping Sale of Dispensing of Alcoholic Beverages Insurance Performance Bonds Action Upon Application Grounds for Denial of a Temporary Outdoor Activity Permit Notification of City Departments Variances Appeals Revocation 9.1u,.010 Purpose. This Ordinance is intended to provide for the regulation and control of temporary outdoor activities that occur on private property that are not otherwise permitted or regulated in order to protect the public health, safety,and general welfare. 9.14,012 Definitions. Forthepurposeofthis Chapter, certain terms used herein are defined as follows: "Temporary Outdoor Activity" means an activity to which the public is invited with or without charge, which is held outside a building, on private property, on a temporary basis including, but not limited to, concerts, musical festivals, stage or theatrical shows, fairs, carnivals, exhibits, displays, sports events, automobile or animal races or competitions, tent revival meetings, off-road A:OUTDOOR.ACT vehicle events and also including private parties or outdoor activities not open to the public but held on vacant property not associated with a building or established facility otherwise permitted under this Ordinance. 9.1u,.01~, Cateqories. The following categories of permits shall be granted subject to the approvals set forth herein following application and payment of fees as set forth herein and provided compliance is demonstrated with the standards and provisions of this Chapter. (a) Major Outdoor Activity Permit. Temporary outdoor activities involving more than five hundred (500) poople which may be expected to attend at one time shall be permitted after a review by the Planning Department, subject to the approval of the City Planning Director. An application for a Major Outdoor activity Permit shall be made no later than sixty (60) days in advance of the proposed scheduled activity. Major Outdoor Activity Permits shall not be granted for periods exceeding five {5) consecutive days or for events or activities held more than twice a calendar year. (b) Minor Outdoor Activity Permits. Temporary outdoor activities involving one hundred fifty (150) people but less than five hundred (500) people which may be expected to attend at one time shall be permitted after review by the Planning Department, subject to the approval of the Planning Director or his Designee. An application for a Minor Outdoor Activity Permit shall be made no later than thirty (30) days in advance of the proposed scheduled activity. Minor Outdoor Activity Permits shall not be granted for periods exceeding five {5) conseoutive days or for events or activities heid more than twice a calendar year. (c) Activity Permits. Temporary outdoor activities involving less than one hundred fifty (150) people which may be expected to attend at one time shall be permitted subject to the approval of the Planning Director or his Designee. An application for an Activity Permit shall be made no later than thirty (30) days in advance of the proposed scheduled activity. Activity Permits shall not be granted for periods exceeding four (~,) consecutive days or for events or activities held more than four (Lt) times a calendar year with a minimum of thirty (30) days separating each event or activity. 9.1u,.016 Application and Fees. Application for a permit to hold a Temporary Outdoor Activity shall be filed with the Planning Department on a form provided by the City and approved by the Planning Director and shall include, but not be limited to, the following: (a) Names and addresses of the sponsor, operator, and owner(s) of the property. If the same be a oorporation, the names of its principal officers, or if the same be a partnership, association, organization or fictitious company, the names of the partners or person comprising the association, organization or company with the address and telephone number of each. A:OUTDOOR.ACT -2- (b) Affidavit of the property owner authorizing use of the property for the proposed activity. (c) Address and/or legal description of the property I Assessor's Parcel Number). (d ) Statement describing the proposed activity together with all information pertinent to the consideration and granting of the requested permit. including, but not limited to: I1) Number of people anticipated to attend at any one time; (2) Total number of people anticipated to attend; (3) Dates and hours of operation; The number and amplifying range of any sound system to be used. (5) Security Plan. (el A vicinity map. (f) A dimensional site plan showing the boundaries of the property where the activity or event is proposed and illustrating the location of the major elements of the activity or event, including parking, access and circulation, water, sanitary facilities, and necessary medical support system. (g) A list of all current owners of property within three hundred (300) feet of the exterior boundaries of the subject property. The list shall be keyed to an Assessor~s Parcel Map showing the location of these properties; a set of mailing labels for this llst. Exception: This list is not necessary for an Activity Permit. (h) Types of goods, wares, merchandise, food, or beverages to be sold or otherwise provided to persons at the activity or event. (i) Other information and plans as may be required by the Planning Director. The Planning Director may also authorize omission of any information or plans if he finds they are not necessary for the proposed activity. Application shall be signed by the applicant and shall be accompanied by a base fee of three hundred twenty-five dollars {$325.00). Hours in excess of the base fee shall be charged upon final approval or denial of the permit. 9.1u,.018 Standards of Operations. Except as otherwise provided, in this Ordinance, temporary outdoor activities may be permitted in any Zoning District, provided a valid permit is granted pursuant to the provisions of this A:OUTDOOR,ACT -3- Ordinance. The following standards set forth below shall be applied to all temporary outdoor activities and compliance with these standards shall be demonstrated by the applicant as a condition of issuance of any permit provided for under this Chapter. A sign-off form will be provided to the applicant for distribution to each applicable department head. Prior to the issuance of a permit, the applicant shall provide the Planning Director the sign-off forms with any noted conditions or comments. (a) Police/Security Protection. Every applicant shall employ at his own expense police/security protection as may be determined to be necessary. The number and type of officers shall be determined and specified by the Police Chief to provide for the preservation of order and protection of property in and around the place of the proposed activity. Funds to employ any law enforcement officers shall be at the current hourly salary rate for policemen and may be required to be deposited in advance with the City no later than ten (10) days prior to the date of the proposed activity. (b) Fire Protection. Every applicant shall provide, at his own expense, adequate fire protection as determined by the Fire Department having jurisdiction where the proposed activity or event is to be conducted. If the activity or event is located in a hazardous fire area as defined by the Riverside County Fire Code, a suitable number for fire guards shall be employed by the applicant. Any fire guards, shall be approved by the Chief of the responsible fire protection agency or agencies. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the Fire Department. First-aid and fire extingulshment equipment shall be provided as directed by the Department. Traffic lands and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients, or staff to appropriate on-site and off-site treatment facilities. (c) Parking Areas: { 1 ) Everyapplicantshallprovideadequateparkingspace for persons attending the activity by motor vehicle. (2) Persons desiring to operate or conduct an activity may be called upon to provide parking space for every three J3} persons expected to attend the activity by motor vehicle. A parking plan shall be required to be submitted and approved by the City Police Chief and Traffic Engineer prior to the issuance of a permit. ( d ) Access and Parking Control. Every applicant shall provide adequate ingress and egress to the activity premises and parking areas therefore. Necessary roads, driveways and entrance ways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the City system of highways or which is a highway maintained by the State or County. A special accessway for fire equipment, ambulances and other emergency vehicles may be required. The City Engineer, or designee, must approve the appllcant~s plan for ingress and egress bafore a permit is issued. A:OUTDOOR.ACT -4- Additionally, any applicant may be required to show that traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the activity. (e) Water Facilities. Every applicant shall provide from a water purveyor operating under a permit as required under the State Health and Safety Code, an ample supply of potable water for drinking and sanitation purposes on the premises of the activity. Location of the water facilities on the premises must be approved by the County Health Officer prior to issuance of a permit. {f) Sanitation Facilities. Adequate sanitation facilities shall be provided as determined by the County Health Officer based upon State and local health laws. The applicant shall also provide for the handicapped. (g) Food Concessions. Concessions must be licensed and operate under a valid Health Department permit pursuant to local ordinances and State laws. (hi Hours of Operation. All activities which are subject to a permit under this Ordinance shall close and cease operation continuously between the hours of twelve o~clock ~12:00) midnight and six o'clock (6:00) a.m. of each and every day. ill Illuminatlon. Every applicant planning to conduct an activity after dark, or planning to allow persons who attend the activity to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The Chief Building Official must approve the applicant~s lighting plan prior to issuance of a permit. An applicant may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity: Illumination Watts/Square Feet Open areas reserved for spectators 0.05 Stage areas 5.00 Parking and overnight areas 0.25 Restroom and concession area 1.00 (j) Medical Facilities. Where a proposed activity is expected to attract a large number of persons for a site located at substantial distance from adequate existin9 treatment facilities, the applicant shall be required to provide emergency medical treatment facilities ont he premises. (k) Trash and Refuse. An adequate number of trash receptacles shall be provided on-site and shall be emptied or removed as necessary at the applicant's expense. The applicant shall clean and otherwise restore the event site to the condition in which it existed prior to the conduct of the event. A:OUTDOOR.ACT -5- (I ) Noise. The amount of noise generated by the event shall not disrupt the activities or nearby land uses. (m) Communication System. Applicant shall be required to establish a communication system for public use where ordinary communications are not available. (n) Health and Safety Codes. All applicable laws and ordinances with respect to equipment used, construction, plumbing, mechanical, electrical, and all other respects shall be observed. Building and Safety structural inspections shall be required when the proposed activity includes: amusementrides, bleachers, large tents, temporary electrical supplies or other temporary structural improvements. |o) Sales of Goods and Services. All sales of goods and services at the proposed activity or event shall be limited to or sponsored by one ~ 1 ) of the following: Non-profit organizations; (2) Existing Community organizations; (3) Existing licensed businesses with an existing established business location within the City;* Groups authorized by the event sponsor. All sales or service groups shall require a Business License from the City of Temecula.** 9.11L020 Overniqht Campinq. Overnight camping shall only be permitted by approval of the Planning Director or his Designee and shall comply with the following guidelines: {a) Overnight camping shall be permitted only for those persons conducting the event or activity; participants in the event or activity; spectators, or security personnel. Ib) Overnight camping shall be limited to only fully self- contained vehicles which have toilet facilities. This limitation may be waived by the Planning Director if the event sponsor elects to provide portable toilet facilities at the overnight camping site. (c) Any overnight camping shall obtain a permit from the event sponsor which shall be clearly displayed in the lower loft corner of the vehicles front window. * When business licenses are required by the City of Temecula. ** All sales and service groups shall obtain a permit from the event sponsor which shall be clearly displayed during the course of the outdoor activity. A:OUTDOOR.ACT -6- (d) A temporary Trailer Park Permit shall be required to be issued by the County Health Officer pursuant to the provisions of the California Health and Safety Code. 9.1LL022 Sale of Dispensinq of Alcoholic Beveraqes. Sale or dispensing of alcoholic beverages shall be permitted only by approval of the Planning Director or his Designee and shall comply with the following guidelines: (a) Anyone proposing to sell or otherwise serve alcoholic beverages at any temporary outdoor activity, shall make application to the Police Department for review and recommendations. (b) A temporary license shall be obtained from Alcoholic Beverage Control. {c) All conditions and recommendations of the Police Department and Alcoholic Beverage Control and the City shall be complied with prior to issuance of a permit. The Police Department may require the provision of Police Officers at any event where alcoholic beverages are served. A minimum of one ( 1 ) off-duty officer shall be required where more than one hundred (100) people are anticipated to attend. 9.1u,.02~ Insurance. Prior to the issuance of any permit, the applicant shall submit to the City proof of public liability and property damage insurance, written by an insurance company acceptable to the City and the limits determined by the City~s Risk Manager naming the City as an additional insured; in the alternative, the City may require execution of a hold harmless agreement, indemnifying the City for any personal injury or property damage arising from such event or activity. 9.1~,.026 Performance Bonds. Performance bonds may be required as a condition of approval of any permit requiring the permittee to execute an agreement with the City of Temecula secured by a cash bond in the amount necessary to guarantee performance of the agreement and to restore the site to its original condition. 9.1LL028 Action Upon Application. Following review and comments from the appropriate City Department~s set forth hereinabove, the Planning Director may approve, conditionally approve or deny the application for the temporary outdoor activity. Approval, conditional approval or denial of the application shall be made by the Planning Director within thirty (30) days after its filing with the City Planning Department. The applicant shall be promptly notified in writing of the decision of the Planning Director. 9.11L030 Grounds for Denial of a Temporary Outdoor Activity Permit. An application for a Temporary Outdoor Activity Permit may be denied on any of the following grounds: { a ) The applicant has failed or refused to provide the City with the information referenced in the sections above or any other information requested by the City which is reasonably related to the conduct of the proposed activity or event; A:OUTDOOR.ACT -7- (b) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit; (c) The building, structure, equipment or location of such event or activity does not comply with or fails to meet applicable health, zoning, fire or safety requirements imposed by law; (d ) The activity or location of the activity or event is such as to unreasonably limit, obstruct, or curtail the free flow of traffic on any public street or sidewalk; {el The applicant has failed to comply with any of the conditions imposed by the Planning Director, or any other City Department: (f) The conduct of the event or activity will unreasonably interfere with the public peace, health, safety or welfare; (g) The applicant rafuses to agree to or abide to all conditions and regulations attendant to issuance of the permit. 9.14.032 Notification of City Departments. Upon approval of the permit application, the Planning Director shall so notify the following: (a) Police Department; { b ) Fi re Department; (c) Risk Manager: {d) City Manager. 9.1Lk03q Variances. Variances or modifications to the strict interpretation of any provisions of this Ordinance may be granted by the Planning Director provided it is found that the purpose and intent of this Ordinance has been complied with. 9.1u,.036 Appeals. Anapplicantoranyinterestedperson(s) may file an appeal to the City Manager from the decision of the Planning Director or his Designee within ten (10) calendar days of the date of the Planning Director/ Designee~s decision. The appeal must be in writing, on forms provided by the City, and accompanied by a fee set by resolution by the City Council. The City Manager shall consider the appeal at a hearing wherein the City Manager shall consider the application, any reports submitted by City Department and other pertinent subject matter to the conditions, terms and regulations set forth in this Chapter. The decision of the City Manager shall be final. The Planning Director shall, within five (5) calendar days after the decision of the City Manager, notify the applicant in writing of the decision of the City Manager. A:OUTDOOR.ACT -8- 9.1~. 038 Revocation, Any permit issued pursuant to this Chapter may be summarily revoked or suspended and the activity ordered closed by the City Manager or his Designee for breach of any of the conditions of the permit or the provisions of this Chapter, or for the violation of any laws of the State if at any time, the applicant fails to immediately correct any such deficiencies. Notice of such suspension or revocation shall be made in writing to the applicant. SECTION 2. 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 3, The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty ~30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 5. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five ~5 ) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen 115) days after adoption of the Ordinance· the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified capy of the full text of such adopted Ordinance. PASSED, APPROVED AND ADOPTED this __ day of · 1991. RON PARKS MAYOR ATTEST: JUNE S. GREEK CITY CLERK A:OUTDOOR.ACT -9- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SSo I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91- 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:OUTDOOR.ACT -10- Ordinance No. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS. AFFIDAVIT OF POSTING JUNE S. GREEK, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Temecula; That in compliance with City Resolution No. 89-9 on December 1, 1989, ORDINANCE NO. 91- was caused to be posted in three J3) places in the City of Temecula, to wit: [CHOOSE THREE] Temecula Library Temecula Chamber of Commerce Temecula Community Center Temecula Post Office Temecula City Hall JUNE S. GREEK CITY CLERK A:OUTDOOR.ACT -11- ARTICLE XIXa TEMPORARY OUTDOOR EVENTS SECTION Z9.51. PURPOSE. The purpose of this article is to provide for the regul·Uon end control of tl~porary outdoor events that ·re conducted in the untncorporated area of the County of Riverside. The Board finds, as a legtSlati ve matter, that the occurrence of large temporary Outdoor events at a locaUon other than an existing permanent facility that is designed, constructed end authorized to conduct Such events is · danger to, end is detrimental to, the health safety and general welfare of the public. The Board determl nes, therefore, that temporary outdoor events, with In anttel pared attendance at any one time of 5,000 or more persons proposed to be conducted in the unincorporated area of Riverside County shall be held only in an established facility intended for such purposes. SECTION 19.52. DEFINITIONS. The following terms shall have the following meanings for the purposes Of this arttcqe: Temporary Outdoor Event is an event to which the public is invited, with or without charge, which is hal d out of doors on a tenpora,y basis including, but not limited to, music festivals, Stage or theatrical shows, sports events, fairs, carnivals, automobile or animal races, tent revival meetings, and off-road vehicle events. Temporary outdoor events are classified as follows: 1. Major Outdoor Event. A t~porary outdoor event at which five thousand (B,O00} or more people ma~ be expected to be in attendance at any one time. 2. Minor Outdoor Event. A tempo·tory outdoor event at which less than five thousand (5,000) peop but more than one hundred (100} people may be expected to be in attendance at any one time. 3. Regularly Scheduled Event. A minor outdoor event not held at an established facility but held on an annual or semiannual basis. It may be a continuation of an event that has been held at the sa~e site on a minimum of three previous OccasiOns. *Established facility" means an existing permanent facility that is ?;l;rVo J o .o conduct outdoor ,v,nts th,r,in. which is. o i with the factltths to conduct an event which is proposed to be held therein, Including, but not limited to seating ·re·s, vehicle parking, sanitary and health fectliUes and potable water. SECTION 19.53. In the unlncorporated area Of the County of Riverside, State of California: No major outdoor event shall be held except it an established facility designed, constructed and authorized to conduct Such an event, which has Sufficient fatIll ties to ·commodore the n~ber of people expected to attend the event. 257 No minor Outdoor event shall be held except at an established facility designed, constructed and authorized to conduct such an event, which has sufficient facelit1 es to accommodate the number Of people expected to attend the event, except as provided in Subsection c or d of this SeCtion. Minor outdoor events that are not held at an established facility are permitted to any location in the unincorporated area provided that a permit is granted in accordance with the provisions of this Article. Regularly scheduled events that are not held at an established facility are pemitted to be held at any location in the unincorporated area provided that a pemtt is granted in accordance with the provisions of this Article. No person shall operate, maintain, conduct, advertise, sell or furnish tickets for a ~e~porary outdoor event unless the event confoms to the provisions of this Article and, if required, a permit has been finally issued pursuant to Section 19.54. SECTION 19.54. PERMITS. Notwithstanding any Other provisions of this ordinance, Hinor Outdoor Events and Regularly Scheduled Events may be permitted in any zone classification provided that a permit is granted pursuant to the provisions of this Section. Applications· Applications for permits for a )4inor Outdoor Events and Regularly Scheduled Events shall be made to the Planning Directgr in accordance with the procedural provisions of Section 18.30 of this ordinance. All of the procedural provisions of Section 18.30 shall apply to the permit, except Subsection (c) thereof relating to requir~nents for approval, Subsection (e} relating to appeals, and Subsection if) relating to the use of a permit. Spectal Transmittel Provisions· Upon receipt of a conplate application, the Planning Director shall transmit copies of the application to the County Sheriff, the Department of Public Health, Road Department, County .Fire Warden, Department of Building and Safety, California Highway Patrol, and cities within whose sphere of influence or mutual eid agreement area the proposal ts located, for review and written comments and recommendations to the Planning Director· Applications may then be approved, conditionally approved, or denied. Requlr~ments for Approval. N~ application for e permit for a Temporary Outdoor Event shall be epproved unless the applicant affirmatively d~nonstrates that the holding of the event will not be detrimental to the envtror~ent, health, safety and general welfare of h the canmunity in the mrea Of t e proposed event end that: 1. There is adequate area to conduct the event and to acc~,,,,odate the antics pared attendance. 258 2. Sufficient automobile parking will be provided for the anticipated attendance. 3, Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service are approved by the Health Officer. 4. Fire protection plans and facilities are approved by the County Fire Warden. 5. Security operations plans are approved by the County Sheriff. 6. The site will be cleaned and restored to its original condition or better at the conclusion of the event. 7. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. 8. The hours of operation allowed for the event shall be compatible with the uses adjacent to the activity. Lighting for night activities should be directed so as not to illuminate adjoining properties. 9. Noise generated by the event shall not disrupt the activities of adjacent land uses. APPEALS. An applicant or any interested person may file an appeal from the decision of the Planning Director within 10 days of the date of mailing of the notice of decision to the applicant. The appellant may appeal that decision, in writing, to the Board of Supervisors, on the fonts provided by the Planning DeparlTnent, which shall be accompanied by a filin9 fee of $25.00. Upon receipt of a complete~ appeal, the Clerk of the Board shall set the matter for hearing before the Board Of Supervisors not less than five days Or more than 30 days thereafter and shall give written notice Of the hearing to the appellant and the Planning Director. The Board of Supervisors shall render its decision within 30 days following the close of the hearing on the appeal. SECTION 19.55. CAMPING. If overnight camping is proposed, a temporary trailer park permit shall be required to be issued by the County Health Officer pursuant to the prOvisiOns Of the California Health and Safety Code. SECTION 19.56, INSURANCE AND BOND. AS a condition of approval of a permit, the permittee may be required to execute In agreement with the County Of RiverSide, secured by a cash bond in the amount considered necessary to restore the site to its original condition. In addition, the permittee may be required to obtain sufficient indemnity or liability insurance naming the County of Riverside as a named insured. SECTION 19,57. REVOCATION. An issued Minor Outdoor Event may be revoked by the Planning Director at any time if the permittee does not fulfill all of the conditions of approval. An issued Regularly Scheduled Event permit Ny be revoked in accordance with the provisions of Section IB.31. 259 ITEM #18 Case No.: Recommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1991 Outdoor Advertising Displays Ordinance Prepared By: Oilvet Mujica ADOPT Resolution No. P. C. 91- recommending adoption of the Amended Interim Outdoor Advertising Displays Ordinance. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: An Ordinance establishing regulations for Outdoor Advertising Displays. LOCATION: City Wide BACKGROUND: On April 24, 1990, the City Council adopted Ordinance No. 90-08, declaring a forty-five {~,5) day moratorium pertaining to regulations for outdoor advertising displays. The moratorium was based upon the following findings: The City Council is concerned about the maintenance of the visual aesthetic quality of the City of Temecula, and with the creation of an orderly and balanced development scheme within the City of Temecula. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of property within the City of Temecula, this Council finds that it is necessary to establish interim zoning policies concerning such signage to allow Staff the time necessary to investigate and formulate the ultimate plan of development for the City of Temecula as encompassed within the terms and provisions of the General Plan. The City of Temecula is presently developing a General Plan for development of the City of Temecula. The ultimate goal is to provide a balanced and unified plan of development within the City of Temecula. A material portion of the General Plan study will be the formulation and establishment of regulations for signage, including primary signs, in the City of Temecula. A: OUTDOOR3. ADV 1 There is the potential for certain applications for the establishment of Outdoor Advertisin9 Displays, the approval of which would contradict the ultimate goals and objectives of the General Plan. Moreover, pendin9 completion of the General Plan it is foreseeable that further such applications will be received which may further contradict such 9oals and objectives of the General Plan. Pendin9 approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location plans, plot plans, or other discretionary entitlement for Outdoor Advertising displays, would result in immediate threat to the public health, safety or welfare of persons and properties the City of Temecula. The Council also adopted the following interim zoning regulations: Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Displays is hereby prohibited and no application for sign location plan, plot plan or other applicable discretionary entitlement for a Outdoor Advertising Display shall be accepted, acted upon or approved. The provisions of subparagraph 3{a), shall not apply to any application for: li) Onsite Advertising Structures and Signs (Ordinance 3u,8, Section 19.5) lii) Subdivision Signs (Ordinance 3u,8, Section 19.6) Other than as expressly provided in this Ordinance, all other applications for signage shall be processed and acted upon pursuant to the normal and customary provisions of the Land Use Ordinance of the City of Temecula. On June 5, 1990, the City Council adopted Ordinance No. 90-09, declaring a ten {10) month and fifteen (15) day extension of Ordinance No. 90-08, which was due to expire on April 2u,, 1991. A:OUTDOOR3.ADV 2 DISCUSSION: ENVIRONMENTAL DETERMINATION: FINDINGS: On April 23, 1991, the City Council adopted Ordinance No. 91-17, declaring a one (1) year Extension of Ordinance No. 90-09, which will expire on April 23, 1992. In adopting Ordinance No. 91-17, the City Council directed the Planning Department Staff to prepare an amendment that would provide for an exemption procedure so that special cases could be heard. Based on this direction, Staff has amended Ordinance No. 91-17 by adding the following section: "SECTION 4. Not withstanding the provisions of this Ordinance, should any party believe that they would suffer a hardship if not permitted to build an outdoor advertising display, they may apply for an exemption to this Ordinance. Such exemption may be granted by the City Council only after due notice and public hearing thereon." This project does not have a potential for causing a significant affect on the environment. Therefore, Staff has determined that the project is exempt from CEQA under Section 150611b)13). The proposed Interim Outdoor Advertising Displays Ordinance is necessary to bring about eventual conformity with the City's future Land Use plans. There is reasonable probability that the proposed Interim Outdoor Advertising Displays 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: OUTDOOR3. ADV 3 GENERAL PLAN AND SWAP CONSISTENCY: The proposed interim Outdoor Advertising Displays 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 R ECOMMENDAT ION: The Planning Department Staff recommends that the Ptanning Commission: ADOPT Resolution No. P.C. 91 - recommending adoption of the Amended Interim Outdoor Advertising Displays Ordinance. OM:)b Attachments: Resolution "Draft" Ordinance City Council Minutes (dated April 23, 1991) A:OUTDOOR3.ADV 4 RESOLUTION NO. P.C. 91- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL ADOPT THE AMENDED INTERIMOUTDOOR ADVERTISING DISPLAYS ORDINANCE. WHEREAS, City Ordinance No. 90-04 adopted by reference certain portions of the non-codified Riverside County Ordinances, including Ordinance No. 348 I"Land Use Code"); and WHEREAS, such regulations do not contain adequate provisions for Outdoor Advertising Displays; and WHEREAS, the City of Temecula desires to further regulate the Outdoor Advertising Displays and to protect the health, quality of life, and the environment of the residents of Temecula; and WHEREAS, a public hearing was conducted on June 17, 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 Interim Outdoor Advertising Displays Ordinance will provide for the establishment of regulations for temporary outdoor activities and events. SECTION 2. That the Planning Commission of the City of Temecula further finds that the proposed Interim Outdoor Advertising Displays Ordinance is necessary to bring about eventual conformity with its future land use plans. SECTION 3. That the PI anning Commission of the City of Temecu la hereby finds that the proposed Interim Outdoor Advertising Displays Ordinance is exempt from the California Environmental Quality Act under Section 15061 {b)13) . SECTION ~,. That the Planning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Interim Outdoor Advertising Displays Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Exhibit "A" and dated June 17, 1991 for identification. A:OUTDOOR3.ADV 5 PASSED APPROVED AND ADOPTED this 17th day of June, 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 17th day of June, 1991 by the following vote of the Commission AYES: COMMISSIONERS NOES: COMMISS)ONERS ABSENT: COMMISSIONERS A: OUTDOOR3. ADV 6 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING INTERIM ZONING ORDINANCE NO. 91- 17 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 (b) AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, On December 1, 1989, the City of Temecula was established as a duly organized Municipal Corporation of the State of California. On said date, pursuant to the requirements of California Government Cede Section 57376, the City Council of the City of Temecula adopted its Ordinance No. 89-01, thereby adopting, by reference, for 120 days the Riverside County Cede, which contains the Land Use Regulations of the county of Riverside, and which Regulations are curren~y applicable to the establishment of all uses and development applications (including allowance of signage) within the City of Temecula. WHEREAS, Pursuant to Ordinance no. 90-04, the City readopted Ordinance No. 348 of the County of Riverside as the Land Use Regulations for the City of Temecula; WHEREAS, As part of its review of new and potential development within the city of Temecula, the City Council examined the Southwest Area Community Plan (SWAP) portion of Riverside County General Plan as it has pertained to development in the City of Temecula. Such examinations revealed that said SWAP may not provide an appropriate development scheme for the City of Temecula, and consequently, the City Council adopted SWAP as planning guidelines until the City could adopt its own General Plan. All action on development applications since incorporation, as to required consistency with the adopted General Plan, has taken place pursuant to the terms and provisions of California Government Code Section 65360. WHEREAS, In recognition of the need for effective long range planning criteria, the City Council commenced within the time limits prescribed for adoption of a General Plan, the study and formulation of a General Plan for the City of Temecula. A material part of said General Plan Study will be the review and development of effective criteria to regulate all forms of signage within the City of Temecula. WHEREAS, Ordinance no. 348 of the Riverside County Cede (hereinafter referred to as the "Land Use Code") currently provides for the approval and establishment of "Outdoor Use Advertising Displays" within the City of Temecula. The Land Use Cede defines an "Outdoor Advertising Display" as "The advertising structure and signs used for outdoor advertising purposes, not including on-site advertising as hereinafter defined", 5/Orda27 -1- WHEREAS, In the near future there could be certain applications for such Outdoor Advertising Displays, the approval of which would not conform to the contemplated General Plan scheme of development in the City of Temecula and would contradict the specific purposes for the adoption of a unified General Plan. Moreover, pending completion of the General Plan, it is foreseeable that further outdoor advertising display proposals will be submitted for property within the City which would contradict the ultimate goals and policies of the proposed General Plan; WHEREAS, This Council is concerned about the maintenance of the visual aesthetic quality of the City of Temecula, and with the creation of an orderly and balanced development scheme within the City of Temecula. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of property within the City of Temecula, this Council finds that it is necessaxy to investigate and formulate the ultimate plan of development for the City of Temecula as encompassed within the terms and provisions of the General Plan; and WHEREAS, Pursuant to ordinance No. 90-08, the City Council of the City of Temecula enacted an interim zoning ordinance, which expired on June 8, 1990, pursuant to California Government Code Section 65858; WHEREAS, Pursuant to Ordinance No. 90-09, the City Council of the City of Temecula extended Interim Zoning Ordinance No. 90-08, which expires on April 24, 1991 pursuant to California Government Code Section 65858; and WHEREAS, Pursuant to Ordinance No 91-17 The City Council of The City of Temecula extended Ordinance No. 90-09 pursuant to Government Code section 65858 which expires April 23, 1992; WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred; NOW, THEREFORE, the City Council of the City of Temecula does Hereby ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth above are true and correct. SECTION 2. The City Council further finds as follows: (a) The City of Temecula is presently developing a General Plan for development of the City of Temecula. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City of Temecula and will ultimately upgrade the economic, social, and cultural welfare of persons and properties within the City of Temecula. A material portion of the General Plan Study will be the formulation and 5lOrds27 establishment of regulations for signage, including primary signs, in the City of Temecula. (b) There is the potential for certain applications for the establishment of Outdoor Advertising Displays, the approval of which would contradict the ultimate goals and objectives of the General Plan. Moreover, pending completion of the General Plan it is foreseeable that further such applications will be received which may further contradict such goals and objectives of the General Plan; and, (c) Pending approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location plans, plot plans, or other discretionary entitlement for Outdoor Advertising Displays, would result in immediate that to the public health, safety or welfare of persons and properties within the City of Temecula. SECTION 3. The following interim zoning regulations are hereby adopted. (a) Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Displays is hereby prohibited and no application for sign location plan, plot plan, or other applicable discretionary entitlement for a Outdoor Advertising Display shall be accepted, acted upon, or approved. application for: CO) The provisions of subparagraph 3 (a), shall not apply to any Section 19.5) (i) Onsite Advertising Structures and Signs (Ordinance 348, (ii) Subdivision signs (Ordinance 348, Section 19.6) (c) Other than expressly provided in this Ordinance, all other applications for signage shall be processed and acted upon pursuant to the normal and customary provisions of the Land Use Ordinance of the City of Temecula. SECTION 4. Not withstanding the provisions of this Ordinance, Should any party believe that they would suffer a hardship if not permitted to build an outdoor advertising display, they may apply for an exemption to this Ordinance. Such exemption may be granted by the City Council only after due notice and public hearing thereon. SECTION 5. This Ordinance is enacted under the authority of the California Government Code Section 65858 (b) and shall be of no further force and effect one (1) year from the date of adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858 Co). 5/Ords27 -3- SECTION 6. This Ordinance is hereby declared to be an urgency measure pursuant to the terms of the California Government Code Sections 65858 and 36937 Co), and this Ordinance shall take effect immediately upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance an shall cause the same to be posed in three {3) public places. PASSED, APPROVED AND ADOPTED this day of , 1991. ATI~,ST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance 91-__ was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , 1991, by the following roll call vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 510rd,27 -4- City Council Minutes The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Moore, Mut~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall ADril 23. 1991 14. ABSTAIN: 1 COUNCILMEMBERS: Lindemans Extension of Interim Zone Ordinance No. 90-08 Pertainina to Reaulations for Outdoor AdvertiSino DisplaYs Planning Director Gary Thornhill introduced the staff report. It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to extend the meeting until 10:45 PM. The motion was unanimously carried. City Attorney Field stated that if approved, staff could come back with an amendment that would provide for an exemption procedure so that special cases could be heard. Mayor Parks opened the public hearing at 10:10 PM. Having no requests to speak, Mayor Parks closed the public hearing at 10:10 PMo It was moved by Councilmember Mur~oz, seconded by Councilmember Moore to waive further reading and adopt urgency ordinance entitled: ORDINANCE NO. 91-17 AN URGENCY ORDINANCE OF THE CITY COUNCIl, OF THE CITY OF TEMECULA, CALIFORNIA, EXTENDING INTERIM ZONING ORDINANCE NO. 90- 08 PERTAINING TO REGULATION$ FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858(B) AND MAKING FINDINGS IN SUPPORT THEREOF; and further directed staff to return with an exemption amendment within 45 days. The motion was carried by the following vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lindemans, Moore, Mur~oz, Parks 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Birdsall Ninutes\0/,\23\91 -10- 0~/30/~1