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HomeMy WebLinkAbout071591 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING July 15, 1991 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Temecula, CA 92390 CALL TO ORDER: ROLL CALL: Chairman Chiniaeff Blair, Fahey, Ford, Chiniaeff Hoacjland, PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the AcJenda. Speakers are limited to three ( 3 ) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commissioner Secretary. When you are called to speak, please come forward and state your name and address. For all other acjenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission cjets 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 July 1, 1991 Planning Commission Meetincj. (to be delivered under separate cover. ) NON PUBLIC HEARING ITEMS 3. Selection of Plannincj Commission Meeting Chairman and Vice-Chairman u, . Case No: Quimby Act Discussion of Act including Park Dedications and Fees. Presenter: Gary King ITEM PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Change of Zone No. 17 and First Extension of Time Vesting Tentative Tract Map No. 23125 Sterling Builders Northeast Corner of DePortola and Butterfield 5rage Road Change the zoning on 88.z~ acres from R-A-2-1/2 to R-1 and R-5; and subdivide 88.q acres into 215 single family residential lots. Richard Ayala Recommend Approval Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Appeal No. 15 Winston Tires 27425 Jefferson Ave. (Winchester Square) Appeal of the Planning Director's denial of an application for a wall sign proposed to be placed above an existing roof. Richard Ayala Denial Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Change of Zone 16 Connie Hill 27628 Jefferson Avenue Change of Zone from R-R (Rural Residential) to C-P-S Scenic Highway commercial) on a 1 acre parcel. Steve Jiannino Recommend Approval Case NO: Applicant: Location: Proposal: Case Planner: Recommendation: Plot Plan 225 Leonard Nagel Westerly side of Enterprise Circle North approximately 380 feet West of Winchester Road To construct an 18,000 sq. ft. furniture warehouse. Scott Wright Recommend Approval Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Parcel Map No. 25059 Minor Change No. 1 Preferred Equities Ridge Park Drive, south west side approximately 70 feet east of its intersection with Rancho California Road. Modify or delete inappropriate engineering conditions. Steve Jiannino Denial 10. Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Directional Sign Ordinance City of Temecula City Wide Ordinance establishing regulations for Directional Signs. Oliver Mujica Recommend Approval 11. Case No: Applicant: Location: Proposal: Case Planner: Recommendation: Temporary Outdoor Activities Ordinance City of Temecula City Wide Ordinance establishing Regulationsfor Temporary Outdoor Activities. Oliver Mujica Continue to 8/5/91 Planninq Director Report Planninq Commission Discussion Other Business ADJOURNMENT Next meeting: August 5, 1991, 6:00 p.m., Vall Elementary School, 29915 Mira Loma Drive, Temecula, California SJ/Ib pc/TAgn7-15 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JULY 1, 1991 A regular meeting of the City of Temecula Planning Commission was called to order Monday, July 1, 1991, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula. 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 Planning Director Gary Thornhill, Lois Bobak for Assistant City Attorney John Cavanaugh, Deputy City Engineer Doug Stewart and Minute Clerk Gail Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. Approval of Agenda GARY THORNHILL advised that Item No. 7 would be continued to the meeting of August 5, 1991. COMMISSIONER HOAGLAND moved to Continue Item No. 7, Variance No. 6, to the meeting of August 5, 1991, seconded by COMMISSIONER FAHEY. 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff 0 COMMISSIONERS: None AYES: NOES: Minutes 2.1 Approval of minutes of June 17, 1991 Planning Commission meeting. COMMISSIONER FAHEY moved to approve the minutes of June 17, 1991 as mailed, seconded by COMMISSIONER HOAGLAND. AYES: NOES: PCMIN7/01/91 5 COMMISSIONERS: 0 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff None -1- July 5, 1991 PL1LNNING CO1OflESION MINUTES NON PUBLIC HEARING ITEMS JULY 1, 1991 Memorandum of Understanding with Cal Trans regarding access to Route 79. 3.1 Receive and file staff report. DOUG STEWART provided the staff report. PUBLIC HEARING ITEMS 4. CHANGE OF ZONE NO. 9/SUBSTANTIAL CONFOrCE NO. 11 Proposal to amend zoning and issue substantial conformance to allow one four plex unit to exist in Planning Area 37 of SP 199. Located north of Rancho California Road, East of Margarita Road. OLIVER MUJICA provided the staff report. COMMISSIONER FORD questioned if the applicant was proposing to build duplexs in this planning area also. CHAIRMAN CHINIAEFF opened the public hearing at 6:15 P.M. BARRY BURNELL, 3242 Halliday Street, Santa Ana, representing the Buie Corporation, advised the Commission that when the plan was originally approved it allowed duplex and four-plex products in this planning area, the County changed their designations in an amendment to the plan and this area was overlooked. He added that in this particular planning area, it will only be the four-plex model that will be built. JIM RESNEY, 16935 West Bernardo Drive, San Diego, with the Buie Corporation, answered questions relating to condominium maintenance and the Homeowner's Association. COMMISSIONER FAHEY moved to close the public hearing at 6:25 P.M. and Direct staff to issue a Letter of Substantial Conformance for Planning Area No. 37, Specific Plan No. 199 and Adopt Resolution No. 91-(next) recommending approval of Change of Zone No. 9, seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None PCMINT/01/91 -2- July 5, 1991 PLANNING COMMISSION MINUTES JULY 1, 1991 5. CHANGE OF ZONE NO. Proposal to change from R-A 2 - 1/2 to R-l-1 and subdivisions of 4.5 +/- acres into 4 parcels. Located at the southeasterly corner of Walcott Lane and Calle Chapos. Chairman Chiniaeff indicated a conflict of interest and turned the gavel over to Vice Chairman Ford. CHARLES HAY provided the staff report. VICE CHAIRMAN FORD opened the public hearing at 6:25 P.M. JAY VANDERWAL, 992 Carnation Avenue, Costa Mesa, applicant, expressed his concurrence with the staff report and Conditions of Approval. Mr. Vanderwal also stated that he concurred with the request by neighboring residents, Mr. & Mrs. Gorham, that there be no mobile homes allowed. VICE CHAIRMANFORD questioned the requirement of Condition of Approval No. 33. DOUG STEWART stated that there are some items that all residents participate in through the CSD. Commissioner Hoagland and Fahey expressed a concern for paved road access. COMMISSIONER HOAGLAND stated that he could support the Change of Zone if there were some sort of paved access out to the site. COMMISSIONER HOAGLAND moved to continue Change of Zone No. 15 to August 5, 1991 and offer the applicant the opportunity to work with staff for a suitable access plan, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Blair, Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN:i COMMISSIONERS: Chiniaeff Chairman Chiniaeff returned to his seat. PCMIN7/01/91 -3- JUly 5, 1991 PLi~NING 6. PLOT COMMISSION MINUTES JULY 1, 1991 PLAN NO. 226 (pp226) Proposal to construct a commercial retail complex of 3 structures totaling 27,150 +/- square feet on a 2.5 +/- acre site. Located at the southwesterly corner of Pauba and Margarita Road. CHARLES HAY provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 7:00 P.M. KEITH MCCANN, 43121 Margarita Road, Temecula, applicant, provided the Commission with a brief description of the project and answered various questions by the Commission. CHAIRMAN CHINIAEFF suggested that the applicant move the the trash enclosure adjacent to Building C to the left. Mr. Chiniaeff also stated that he had concerns with the elevations, and suggested that the applicant might work with staff to get the back of Building C to look more like the front. The applicant indicated that he could address both these issues with staff. COMMISSIONER FORD asked if the applicant had any problem moving the requirements for Conditions of Approval Nos. 66 and 67 to prior to the building permits be issued. The applicant indicated that they intend to do the street improvements first. ART PELHA, 43185 Margarita Road, Temecula, stated that when he purchased his property, he thought that it was all zoned R-R and spoke in opposition to the project. He stated that although the proposed tenants sounded good, he expressed a concern for the control of future tenants. KEITH MCCANN stated that when Mr. Pelka purchased his property, the commercial zoning was already in place for the proposed project. GARY THORNHILL commented that the CPS zoning controls what type of tenants can occupy the property. CHAIRMAN CHINIAEFF questioned the City Attorney on the Commission's options for controling the uses. PCMIN7/01/91 -4- July 5, 1991 PLANNIN~ COMMISSION MINUTES JULY 1, 1991 Lois Bobak indicated that the Commission could initiate a process to change the zone or initiate a process to change individual requirements within the zone. CHAIRMAN CHINIAEFF expressed a concern for the steepness of the 1.1 slope, the architectural treatment to the rear of the buildings and recommended that staff review the landscape plans and upgrade from one to five gallon plants. COMMISSIONER FORD also expressed a concern for the 1.1 slope. GARY THORNHILL questioned if there was any concern for the site lay-out. CHAIRMAN CHINIAEFF indicated a concern for siting of Building B and it's relationship to the adjacent commercial property. COMMISSIONER FORD stated that staff should look at the shared access between the two adjacent commercial parcels referenced. COMMISSIONER FORD moved to continue Plot Plan No. 226 to August 5, 1991, to allow the applicant to work with staff to address the Commission's concerns, seconded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 7. VARIANCE NO. 6 Proposal for a Variance in order to allow an additional freestanding sign display in lieu of the maximum allowed freestanding signs per Ordinance 348. Continued to the meeting of August 5, 1991. 8. TENTATIVE TRACT 25277 AND ZONE CHANGE 5724 Proposal to change the zone from R-R to R-l, single family residential and to create 102 residential lots and seven open spaces. Located at the southwesterly side of Pechanga Creek abutting the easterly side of Temecula Creek Inn Golf Course. PCMIN7/01/91 -5- July 5, 1991 PLANNING COMMISSION MINUTES JULY 1, 1991 SCOTT WRIGHT provided the staff report. GARY THORNHILL advised the Commission that the applicant has worked very hard with staff in trying to configure the project to the land; however, there are still issues that need to be resolved (i.e. buffering of adjacent properties, the road system and access). CHAII~MAN CHINIAEFF opened the public hearing at 7:35 P.M. LARRY MARKHAM, Markham & Associates, 41750 Winchester Road, Temecula, representing the applicant, provided a presentation of the proposed project. RICK SNYDER, 1021 West Bastanchurry, Fullerton, president of Acacia Construction, gave a brief history of the project and answered questions by the Commission. PEGGY QUERRY, 45161 Pala Road, Temecula, adjacent property owner, spoke in support of the project and advised that they would be willing to give Acacia access through their property for the project. The following individuals spoke in opposition to the proposed project, expressing concern for increased density, removal of oak trees, access, flood hazards, increased traffic on Pala Road bridge, safety of school children boarding buses on Via Gilberto: BOB OBLACHINSKI, 30954 Shaba Circle, Temecula. DON WHITE, 31109 Via Gilberto, Temecula. BOB COTA, 30959 Shaba Circle, Temecula. *Mr. Cota submitted a petition with approximately 200 signatures from area residents opposing this project. TOM MONTALDO, 46037 Clubhouse Drive, Temecula. JOE TERRAZAS, 31160 Lahontan, Temecula. HANK SCHUDER, 31320 Via Eduardo, Temecula. JIM FJ&LLON, 31424 Via Eduardo, Temecula. MORY MIKIA, 45788 Creekside Way, Temecula. JIM GARCIA, 45740 Palmetto Way, Temecula. PETER WANN, 31061 Via Gilberto, Temecula. KAREN LOCKLIN, 30861 Bardmoor, Temecula. VICKI CRAWFORD, 45735 Clubhouse, Temecula. JIM DITTMAN, 30875 Bardmoor, Temecula, KAREN ORELLANA, 31182 Saho Court, Temecula. STEVE CRAWFORD, 45735 Clubhouse, Temecula. JONATHON SEAL, 45544 Kimo Street, Temecula. PCMIN7/01/91 -6- July 5, 1991 PLANNING COMMIS8ION MINUTES JULY 1, 1991 RICK BUSENKELL, 30946 Shaba Circle, Temecula, spoke in opposition to the proposed development; however, spoke in support of the City purchasing the Querry land for park space. LETTIE BOGG8, representing the Temecula Valley Unified School District, stated that during the development review, the school district had requested that the applicant contact them regarding mitigation for the increased density of this development; however, they have not been contacted by the applicant to this date and therefore the school district would oppose the zone change. RICK SNYDER, stated that the project would not be proposed if they hadn't already been in contact with police, fire, etc. Mr. Snyder added that they did have "Will Serve" letters in place from sewer and water. LARRY MARKHAM suggested that Conditions of Approval Nos. 4 and 74 be revised to read "Rainbow Canyon or Via Eduardo". Mr. Markham added that the applicant has retained an arborist on how to handle the transplanting of the oak trees and the applicant has also been conditioned for a follow-up traffic study. Mr. Markham concluded that the environmental assessment states that all the concerns can be mitigated to a level of insignificance. COMMISSIONER FAREY stated that although she was pleased to see that the applicant had tried to protect the hills and trees, based on the infrastructure of the area, she could not support the request for change of zone. COMMISSIONER FORD expressed a concern for the project coming before the Planning Commission with so many unresolved problems. He added that he also had a concern with the higher density adjacent to the mountainous region, the bus stops, the flood control, and secondary access points. COMMISSIONER HOAGLAND expressed a concern for secondary access, buffering between this project and the property to the south. COMMISSIONER BLAIR stated her concerns were based on supply and demand. She added that she strongly opposed the grading and expressed a concern for the flood plain in this area. Ms. Blair also expressed a concern for the condition of the Pala Road bridge and the traffic PCMIN7/01/91 -7- JUly 5, 1991 PLANNING COMMISSION MINUTES JULY 1, 1991 generated from this project. CHAIRMAN CHINIAEFF stated that he concurred with many of the concerns expressed by the Commissioners and also could not support a zone change at this time; however, he stated that the developer had a right to develop his land and felt that staff needs to to look at the overall development plan for this area. COMMISSIONER FAHEY moved to close the public hearing at 9:10 P.M. and continue Tentative Tract 25277 and Zone Change 5724 to the first meeting of September 1991, to allow staff to work with the applicant and address the concerns expressed by the Commission, seconded by COMMISSIONER HOAGLAND. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None CHAIRMAN CHINIAEFF declared a recess at 9:10 P.M. reconvened at 9:15 P.M. The meeting 9. OUTDOOR ADVERTISING DISPLAYS ORDINANCE 9.1 Proposal for interim ordinance establishing regulations for outdoor advertising displays city wide. OLIVER MUJICA provided the staff report. COMMISSIONER HOAGLAND suggested that exemptions should come before the Planning Commission. Attorney Lois Bobak suggested that Section 4 be amended to read as follows, "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 to this Ordinance to the Planning Department. A public hearing shall be scheduled before the Planning Commission who shall make a recommendation to the City Council. Such exemption may be granted by the City Council only after due notice and public hearing thereon." COMMISSIONER FAHEY moved to Adopt Resolution No. P.C. 91 -(next) recommending adoption of the Amended Interim Outdoor Advertising Displays Ordinance, with the change PCMIN7/01/91 -8- July 5, 1991 PLANNING COMMISSION MINUTES JULY 1, 1991 to the wording of Section 4., seconded by COMMISSIONER FORD. AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: None Blair, Fahey, Ford, Hoagland, Chiniaeff 10. AMBIENT AIR BALLOON ORDINANCE 10.1 Proposal for ordinance establishing regulations for the use of Ambient Air Balloons city wide. OLIVER MUJICA provided the staff report. CHAIRMAN CHINIAEFF suggested that there be a reduction in the number of days from fifteen to ten. COMMISSIONER BLAIR moved to Adopt Resolution No. P.C. 91- {next) recommending adoption of the Ambient Air Balloon Ordinance, amending the number of days allowed from fifteen to ten days, seconded by COMMISSIONER HOAGLAND. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Noagland, Chiniaeff NOES: 0 COMMISSIONERS: None PLANNING DIRECTOR REPORT GARY THORNHILL advised the Commission of the following: , The consultant for the General Plan is currently working on gathering information, will be contacting each Commissioner to set up an interview appointment. * Trying to arrange a joint Planning Commission/City Council meeting for July 22 or July 24. , Planning a General Plan kick-off meeting. * Interviewing for two senior planners as well as clerical positions. * Invited the Commission to come down to the new City Hall facility. PCMIN7/01/91 -9- JUly 5, 1991 PLANNING COMMI8SION MINUTES JULY 1, 1991 PLANNING COMMISSION DISCUSSION * COMMISSIONER FAHEY requested a presentation from the Parks and Recreation Department on the different designations. OTHER BUSINESS None ADJOURNMENT COMMISSIONER HOAGLAND moved to adjourn at 9:45 COMMISSIONER FORD. AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: P.M., seconded by Blair, Fahey, Ford, Hoagland, Chiniaeff None The next regular meeting of the City of Commission will be held Monday, July 15, 1991, Vail Elementary School, 29915 Mira Loma Drive, Temecula Planning 6:00 P.M. at Temecula. Chairman Dennis Chiniaeff Secretary PCMIN7/01/91 -10- July 5, 1991 ITEM #5 Case No.: Recommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1991 Change of Zone No. 17 First Extension of Time Vesting Tentative Tract Map No. 23125 Prepared By: Richard Ayala Forward the following recommendations to the City Council: ACCEPT Environmental Impact Report No. 263 for Change of Zone No. 17 and First Extension of Time for Vesting Tentative Tract Map No. 23125; ADOPT Resolution No. 91- recommending approval of Change of Zone No. 17; and ADOPT Resolution No. 91- approving First Extension of Time for Vesting Tentative Tract Map No. 23125 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: Sterling Builders, Inc. Ranpac Engineering Corporation Chan.cje of Zone No. 17 Change of Zone No. 17 is a proposal to change the zoning on 88.0, acres of land from R-A-2 1/2 { Residential Agricultural - 2 1/2 Acres Minimum) to R-1 (One-Family Dwellings) and R-5 (Open Area Combining Zone - Residential Developments). First Extension of Time for Vestin,q Tentative Tract Map No. 23125 First Extension of Time for Vesting Tentative Tract Map No. 23125 proposes a two hundred, fifteen (215) lot residential subdivision of 88.4 acres. A:TM23125-A 1 LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: Northeast Corner of De Portola and Butterfield Stage Road. R-A-2 1/2 (Residential Agricultural - 2 1/2 Acre Minimum) North: South: East: West: R-1 (One-Family Dwelling) R-R ( Rural Residential ) R-R (Rural Residential) SP I Specific Plan ) R-1 (One-Family Dwellings) and R-5 (Open Area Combinin9 Zone - Residential Developments ) Vacant North: Vacant South: Vacant East: Vacant West: Vacant Project Area: Proposed No, of Lots: Proposed Minimum Lot Size: Proposed Density: SWAP Density: Acreage Designated By Proposed Zones: R-1 (One-Family Dwellings): R-5 (Open Area Combination Zone- Residential Development): 88.4 acres 212 residential, 3 open space 7,200 sq.ft. 2.3 DU/AC 2-4 DU/AC 61.61 acres 22 acres The original application, Change of Zone No. 5122 was a request to change the zoning on 88.4 acres of land from R-A-2 1/2 (Residential Agricultural - 2 1/2 Acres Minimum) to R-1 (One-Family Dwellings) and R-5 (Open Area Combination Zone - Residential Development) zones. This Zone Change was approved by the County of Riverside Board of Supervisors on October 20, 1988, along with Vesting Tentative Tract Map No. 23125 which proposed a 212 Residential lot subdivision on 88.4 acres. However, due to an oversight by the County, the Zone Change was acted upon on May 29, 1990, after the official incorporation date of the City of Temecula ( December 1, 1989). Therefore, the Zone Change was never officially adopted. The applicant submitted a new application, Change of Zone No. A:TM23125-A 2 PROJECT DESCRIPTION: 17, to the City of Temecula Planning Department on May 21, 1991. First Extension of Time for Vesting Tentative Tract Map No. 23125 was submitted to the City of Temecula on July 6, 1990 and was processed through Pre-DRC (Development Review Committee) at which time the zone change issue was identified. The Extension was then put on hold until the Zone Change could be resolved. Therefore, both Change of Zone No. 17 and First Extension of Time for Vesting Tentative Tract Map No. 23125 are being processed concurrently. Chanqe of Zone No. 17 The applicant is proposing to change the zone on 88.4 acres of land situated at the northeast corner of De Portola Road and Butterfield Stage Road, which is identical to the original Zone Change No. 5122. The land use breakdown is as follows: R-l, One-Family Dwellings ~ 61.61 acres. This zoning permits single family dwellings. R-5, Open Area Combining Zone Residential Developments - 22 acres. This zone allows for the development of parkland uses. The proposed zoning will be consistent with projects approved in the area such as the Crowne Hill project (Change of Zone No. 4814, Vestin9 Tentative Tract Map No. 23143) located immediately adjacent to the north. This project was approved by the Board of Supervisors on Au9ust 16, 1988, and will ultimately create 1,092 R-1 residential lots, 26 R-A-2 1/2 lots and 11 open space lots for parks, a school, and open area. The Paloma Del Sol Plan (SP 219) is located directly to the west of the project site, across Butterfield Stage Road. This specific plan covers 1,389 acres and will allow up to a maximum of 5,611 dwelling units. The area of this specific plan nearest to the proposed project site calls for Medium density residential, 2-5 dwelling units per acre. First Extension of Time for Vesting Tentative Tract Map No. 23125 Vesting Tentative Tract Map No. 23125 proposes to subdivide the subject 88.4 acre site into a residential development consisting of 212 residential lots and 3 open space lots, with an overall density A :TM23125-A 3 ANALYSIS: of 2.3 units per acre. The proposed development has been designed in accordance with the standards of the R-1 zone {One-Family Dwellings). The project site is located at the Northeast corner of De Portola Road and Butterfield Stage Road. At present, the site is vacant. Chanqe of Zone No. 17 The subject site is currently zoned R-A-2 1/2 ( Residential Agricultural, 2 1/2 Acres Minimum ) and designated 2-4 DU/AC by the SWAP (Southwest Area Community Plan ) Map. Surrounding properties adjacent to the subject site are designated by SWAP as being 2-4 DU/AC, Commercial and Specific Plan uses. Currently, there is an approved specific plan {Paloma Del Sol ) situated to the west, and a 1,092 residential subdivision ~ VTM 23143 ) directly to the north of the subject site, which consists of similar developments and densities being proposed by the applicant. The applicant is proposing to zone the areas adjacent to Butterfleld Stage Road and De Portola Road R-5 in order to provide for adequate open space between the proposed roads and residential development. The interior of the subject site is entirely zoned R-1. In addition, Staff has reviewed the proposed zoning for the subject site and has found it to be acceptable due to the proposed density being consistent with the SWAP and approved projects adjacent to the subject site. First Extension of Time Vesting Tentative Tract Map No. 23125 Desiqn Considerations The proposed subdivision has been designed in accordance with the standards of the R-1 (One- Family Dwellings) zone and Ordinance Nos. 348 and 460. The main access to the project is provided by De Portola Road. A:TM23125-A 4 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Density The proposed subdivision (Vesting Tentative Tract Map No. 23125) has a density of 2.3 DU/AC. The Southwest Area Community Plan (SWAP) calls for 2- 4 DU/AC, thus, meeting the SWAP residential density requirement. Quimby Act Staff is recommending the addition of the standard Quimby Act fees to be attached to the Conditions of Approval. The proposed Change of Zone and density of 2.3 units per acre is consistent with the Southwest Area Community Plan designation of 2-~, units per acre, In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. In accordance with the procedures of the California Environmental Quality Act I CEQA), Environmental Impact Report No. 263 was prepared in connection with the proposed project. All significant effect of the project on the environment and measures necessary to avoid or substantially lessen such effect was evaluated in accordance with the Riverside County Rules to implement CEQA. Certification of Environmental Impact Report No. 263, was approved by the Riverside Board of Supervisors on October 25, 1988. Chanqe of Zone No. 17 The proposed zone change will not have a significant adverse effect on the environment, as determined in the Environmental Impact Report for this project. There is a reasonable probability that the zone change from R-A-2 1/2 to R-1 and R-5 will be consistent with the future General Plan. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project site. A:TM23125-A 5 There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is consistent with surrounding land uses. The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site. The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan and approved and proposed adjacent specific plans. The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the general vicinity of the subject site. Adequate access exists for the proposed residential land use from Butterfield Stage Road and De Portola Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. A:TM23125-A 6 First Extension of Time for Vesting Tentative Tract Map No. 23125 There is a reasonable probability that this project will be consistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. There is not a likely probability of substantial detriment to or interference with the future and adopted general plan, if the proposed use or action is ultimately inconsistent with the plan, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards. The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing land use designation. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and density, due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. Vesting Tentative Tract Map No. 23125 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical A: TM23125-A 7 10. 11. 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, and also consistent with the adopted Southwest Area Community Plan (SWAP) designation. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes two independent access points from De Portola Road which has been determined to be adequate by the City Engineer. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. 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: TM23125-A 8 STAFF RECOMMENDAT ION: Based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval, the Planning Department Staff recommends that the Planning Commission forward the following recommendations to the City Council: ACCEPTION of Environmental Impact Report No. 263 for Change of Zone No. 17 and First Extension of Time for Vesting Tentative Tract Map No. 23125; ADOPTION of Resolution No. 91- recommending approval of Change of Zone No. 17; and ADOPTION of Resolution No. 91- recommending approval of First Extension of Time for Vesting Tentative Tract Map No. 23125. RA:ks Attachments: 1. 2. Resolution ( Change of Zone No. 17) Resolution { First Extension of Time for Vesting Tentative Tract Map No. 23125) Conditions of Approval { First Extension of Time for Vesting Tentative Tract Map No. 23125) Exhibits A. Change of Zone No. 17 B. First Extension of Time for Vesting Tentative Tract Map No. 23125 A:TM23125-A 9 ATTACHMENT I RESOLUTION NO. 91- CZ17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONE CHANCE NO. 17 TO CHANCE THE ZONING ON 88.4 ACRES OF LAND FROM R-A-2 1/2 {RESIDENTIAL AGRICULTURAL - 2 1/2 ACRES MINIMUM) TO R-1 AND R-5 ALONG THE NORTHEAST CORNER OF DE PORTOLA ROAD AND BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-330-004 AND 926-070-020. WHEREAS, Sterling Builders, Inc., filed Change of Zone No. 17 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 July 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommend approval of said Change of Zone; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. 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:TM23125-A 10 CZ17 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 Change of Zone is consistent with the SWAP and does meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in 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 Change of Zone No. 17 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: TM23125-A 11 CZ17 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. ( 1 ) Pursuant to Section 6.5, no Change of Zone may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any Zone change approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. (2) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings to wit: a) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Environmental Impact Report for this project. b) There is a reasonable probability that the Zone Change from R~A-2 1/2 to R-1 and R-5 will be consistent with the future General Plan. Further. densities and uses proposed are similar to existing densities and uses in the vicinity of the project site. c) There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is consistent with surrounding land uses. d) The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site. e) The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan and approved and proposed adjacent specific plans. A :TM23125-A 12 CZ17 f) The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the general vicinity of the subject site. g) Adequate access exists for the proposed residential land use from De Portola Road and Butterfield Stage Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. h) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. SECTION 2. Environmental Compliance. An Environmental Impact Report was prepared for this project indicates that the proposed project will not have a significant impact on the environment. SECTION 3. That the City of Temecula Planning Commission hereby recommends approval of Zone Change No. 17 to change the zoning on 88.4 acres of land from R-A-2 1/2 to R-1 and R-5 along the northeast corner of De Portola and Butterfield Stage Roads and known as Assessor's Parcel No. 926-330-00L~ and 926-070-020. SECTION 4, PASSED, APPROVED AND ADOPTED this 15th day of July, 1991. DENNIS CHINIAEFF CHAIRMAN A:TM23125-A 13 CZ17 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:TM23125-A 14 ATTACHMENT II TE-VTH23125 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 23125 A 215 RESIDENTIAL SUBDIVISION ON 88.0, ACRES LOCATED ON THE NORTHEAST CORNER OF DE PORTOLA ROAD AND BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-330-000, AND 926-070-020. WHEREAS, Sterling Builders, Inc., filed the Time Extension in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Time Extension application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Time Extension on July 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approved said Time Extension. 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:TM23125-A 15 TE-VTM23125 a) There is a reasonable probability that the Time Extension 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 Time Extension 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 the Time Extension 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:TM23125-A 16 TE-VTM23125 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D, ~1} PursuanttoSection18.30Ic), no Time Extension 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 proposed subdivision does not affect the general health, safety, and welfare of the public. (2) ThePlanningCommission, inapprovingtheproposed Time Extension, 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 project site's existing land use designation. 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 A:TM23125-A 17 e) f) g) h) i) TE-VTM23125 fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project~s public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. Vesting Tentative Tract Map No. 23125 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, and also consistent with the adopted Southwest Area Community Plan (SWAP) designation. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes two independent access points from De Portola A:TM23125-A 18 TE-VTM23125 Road which has been determined to be adequate by the City Engineer. j) 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. k) 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. E. As conditioned pursuant to SECTION 2, the Time Extension 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. That the 'City of Temecula Planning Commission hereby determines that the previous environmental determination ( Adoption of Environmental Impact Report No. 263) still applies to said Tract Map (Extension of Time). SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves The First Extension of Time for Vesting Tentative Tract Map No. 23125 for a 215 residential subdivision on 88.4 acres located on the northeast corner of De Portola Road and Butterfield Stage Road and known as Assessor's Parcel No. 926-330-004 and 926-070-020 subject to the following conditions: A. Attachment I I I, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 15th day of July, 1991. DENNIS CHINIAEFF CHAIRMAN A: TM23125 -A 19 TE-VTM23125 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the followin9 vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:TM23125-A 20 ATTACHMENT I I I CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 23125 Commission Approval Date: Expiration Date: Planning Department Unless previously paid, prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall provide for the dedication of park land and/or in-lieu, fees to the satisfaction of the Temecula Community Services District (TCSD) Board of Directors PRIOR TO RECORDATION of final map, as authorized by City of Temecula Ordinance No. u,60.93. The park land dedication requirement shall be a predetermined amount based on the use and number of units proposed. If the park land requirement cannot be met, the applicant shall be required to pay a predetermined Quimby Act Fee in the amount equal to the fair market value of the required park land acreage (Plus 20% for offsite improvements). 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. This conditionally approved Extension of Time for Vesting Tentative Tract Map No. 23125 will expire one {1 ) year after the original expiration date, unless extended as provided by Ordinance u,60. The expiration date is October 20, 1991. The subdivider shall comply with the original Conditions of Approval for Tentative Tract Map No. 23125 {see attached) except as amended herein. 6. Prior to recordatlon, Change of Zone No. 17 shall be effective. A:TM23125-A 21 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. The developer shall comply with all previous Conditions of Approval except as amended by the following conditions. 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 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; Parks and Recreation Department; and Temecula Community Services District. Any Notice of Intention to annex into the Temecula Community Service District, Service Level "C" (Landscape Maintenance), shall be submitted to the TCSD prior to recordation of the final map.. All costs involved in District annexation shall be borne by the developer. Notice of Intention to annex into the Temecula Community Service District, Service Level "A" (Medians), shall be submitted to TCSD prior to recordation of the final map. All costs involved in District annexation shall be borne by the developer. 10. 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: 11. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Englneer~s Office. 12. 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:TM23125-A 22 PRIOR TO BUILDING PERMIT: 13. 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. 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 SIR/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: 16. If construction of improvements are phased and completed prior to development occurring on adjacent properties, a 28~ wide secondary access road shall be provided within a recorded private road easement as approved by the City Engineer. 17. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Transportation Engineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 18. A signing plan shall be designed by a Registered Civil Engineer and approved by the City Engineer for all internal streets with 66' of right-of-way or less and shall be shown on the street improvement plans. 19. Condition No. 32 of the Riverside County Road letter dated June 28, 1988, shall be deleted. A:TM23125-A 23 RIVERSIDE COUNTY PLANNING DEPARTMENT SUBDIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 23125 DATE: AMENDED NO, 2 EXPIRES: STANDARD CONDITIONS 1. The subdivider shall defend, indemnify, and hold harmless the County of · - Riverside, its agents, officers, and employees from any claim, action, or ~ >roceeding against the County of Riverside or its agents, officers, or c employees to attack, set aside, void, or annul an approval of the County ~ of Riverside, its advisory agencies, appeal boards or legislative body ~ ,:oncerning Vesting Tentative Tract No. 23125, which action is brought lbout within the time period provided for in California Government Code ~ection 66499.37. The County of Riverside will pr~nptly notify the ;ubdivider of any such claim, action, or proceeding against the County of ~iverside and will cooperate fully in the defense. If the County fails to )romptly notify the subdivider of any such claim, action, or proceeding or 'ails to cooperate fully in the defense, the subdivider shall not, :hereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. 3. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading is proposed, the subdivider shall submit one print of comprehensive grading plan to the Department of Building and Safety. The plan shall comply with the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as maybe additionally provided for in these conditions of approval. VESTZNG TI~TATZVE TRACT II0. 23125° ted. W2 Conditions af Approval Page 2 7. A grading permit shall be obtained from the Department of Building and Safety prior to c~,m,ence~nt of any grading outside of county maintained road right of my. 8. Any delinquent property taxes shall be paid prior to recordation of the final rap. The subdivider shall comply ~th the street improvement r~commendations outlined in the Riverside County Road Department's letter dated 6-28-88, a copy of which is attached. 10. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Road Cont~issioner. Street names shall be subject to approval of the Road Commissioner. Easements, when requi red for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final Np if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the County Surveyor. 13. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's letter dated 6-23-88, a copy of which is attached. ~ 14. The subdivider shall comply with the flood control recommendations ~,.{'~ ~ out~ by the Riverside County Flood Control District's letter dated · ~:~ .' ~ ,~6-2B-BB:. a copy of which is attached. If the land division lies within an I'~ . ~,./~'itaa~'t~d flood control drainage area pursuant to Section 10.25 of Ordinance ~ / 460, appro riate fees for the construction of area drainage facilities shall be collected by the Road Commissioner. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Marshal's letter dated 6-22-BB, a copy of which is attached. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. 17. Lots created by this subdivision shall comply with the following: VESTIIIG TENTAtiVE TRACT I10. 23125° 'Amid. Conditions of A~proval Page 3 a. All lots shall have a minimum size of 7200 square feet net. b. All lot length to width ratios shall be in conformance with Section 3.BC of Ordinance 460. 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. IB. Prior to RECORDATION of the final map the following conditions shall be satisfied: Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met: County Fire Department County Health Department County Flood Control County Planning Department Prior to the recordation of the final map, Change of Zone No. 5122 shall be approved by the Board of Supervisors and shall be effective. Lots created by this land division shall be in conformante with the development standards of the zone ultimately applied to the property. ' !~0---recordation of the fina] map~ theKojeet site ~h~ll be Prior to recordation of the final map, the subdivider shall convey to the County fee simple title, to all common or common open space areas, free and clear of all liens, taxes, assessment, leases (recorded and unrecorded) and easements, except those easements which in the sole discretion of the County are acceptable. As a conditions precedent to the County accepting title to such areas, the subdivider shall submit the following documents to the Planning Department for review, which doc~nts shall be subject to the approval of that department and the Office of the County Counsel: 1) A declaration of covenants, conditions and restrictions; and 2) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. ¥ESTIRG iLn'rATIVE TRACT II0,23125,/ed, #2 Conditions of Approval Page 4 The declaration of covenants, conditions and restrictions submitted for review shall (a) provide for a term of 60 years, (b) provide for the establis~mnent of a property owners' association comprised of the owners of each individual lot or unit and {c} contain the following provisions verbatim: 'Notwithstanding any provision in this Declaration to the contrary, the following provision shall apply: The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the County of Riverside, and the property owners' association shall unconditionally accept from the County of Riverside, upon the County's demand, title to all or any part of the 'common area', more particularly described on Exhibit'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'connon area' shall be at the sole discretion of the County of Riverside. In the event that the common area, or any part thereof, is conveyed to the roperty owners' association, the association, thereafter shal~ own such 'common area', manage and shall continuously maintain such 'common area', or any part thereof, absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended or property deannexed therefrom absent the prior written consent Of the Planning Director of the County of Riverside or the County'$ successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common aream. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control.m Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. VESTZra TERTATIVETRACTRO. 23125, CondiUons of Approval Page 5 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 *permanentl filed with the office of the County Surveyor. A copy of the ECS shal~ be transnitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the P1 anning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet: "County Environmental Impact Report No. 263 was prepared for this property and is on file at the Riverside County Planning Department. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: a. All mitigation for seismic and liquefaction hazard shall be that which is found in Environmental Impact Report No. 263. b. The following tree preservation guidelines shall be incorporated in the projects approved grading, building and landscaping plans as appropriate: Every effort shall be made to prevent encroachment of structures, grading or trenching within the dripline or twenty-five (25} feet of the trunk of any trees, whichever is greater· If encroachment within the dripline is unavoidable, no more than one third of the root area shall be disturbed, grading or covered with impervious materials. The root area is considered to extend beyond the dripline a distance equal to one half the radius. 3. Building, grading or improvements shall not occur within ten (10) feet of any tree trunk. Retaining walls shall be constructed where necessary to preserve nat, ralat least one-half the distance bet en the trunk and the dri[Walls shall be designed with a post or caisson footing rather than a continuous footing to minimize root damage· V~'i illG TERTA11YE TRACT g0. 23125,/ed, ~2 Conditions of Approval - Page 6 Alteration of natural drainage shall be avoided to the greatest extent possible. Runoff channelled near trees shall not substantially change normal soil moisture characteristics on a seasonal basis· Runoff shall not be directed towards the base of trees so that the base of the trees remain in wet soil for an extended period. Where natural topography has been altered, drainage away frun trunks shall be provided where necessary to ensure that water will not stand at the crown. Sedimentation and siltation in the drainage ways shall be controlled where necessary to avoid filling around the base of the trees. Land uses that would cause excessive soil compaction within the dripline of trees shall be avoided. If the areas are planned for recreation, provide trails to restrict compaction to a small area. Heavy use under trees shall be avoided unless measures to minimize compaction are undertaken. 10. Landscaping or irrigation shall not be installed within ten {10} feet of any trees. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. If any archaeological resources are uncovered during grading or trenchin , all activities shall cease and an archaeologist shall be consult·). Any recommendations of the archaeologist shall be adhered to. All cut slopes located adjacent to ungraded exceeding ten (10) feet in vertical height shall incorporating the following grading techniques: natural terrain and be contour-graded 1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. VESTING TEITATIVETRACTI). 23125, Jid. ~2 Conditions of Approval Page 7 4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion, Prior t~ the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that Slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERHITS the following conditions shall be satisfied: No building permits shall be issued by the County of Riverside for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financin measures. A cash sum of one-hundred dollars ($100} per lot/unit shall deposited with the Riverside County Department be of Building and Safety as mitigation for public library development. Pr,or to the submitt.1 of bui,ding p,.ns to th. Department o; o";:li ;V and Safety an acoustical study shall be performed by an c engineer to establish appropriate mitigation measures that shall be ap lied to individual dwelling units within the subdivision to reduce aPm~ient interior noise levels to 45 Ldn, All street lights an other outdoor lighting shall be shown on electrical plans submitted to t e Department of Building and Safety h f for plan check approval and shall comply with the requir~ents o Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan· Prior to issuance of building permits, detailed park site and riparian area develop~_ent lane shall be submitted to the Planning Department for approval, ll~ese plans shall conform with guidelines found in the approved design manual (Exhibit H). The park shall include active Vt~iZ!lG TE)TTATTV~ TRACT I10. 23125, ~md. f2 Conditions of Approval Page 8 recreational features such as picnic tables, barbecue areas, tot lots, etc. For the security and safety of future residents, the Varevention measures shall be considered during your design: following crime site and building a. Proper lighting in open areas; b. Visibility of doors and windows from the street and between buildings; c. Fencing heights and mterials; d. Adequate off-street parking; and e. A clearly understood method of street numbering to facilitate emergency response. 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, and shall conform to the standards set forth in the tract's approved Design Manual (Exhibit M). 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, and shall incorporate drip irrigation wherever possible. · Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth benning, ground cover, shrubs and specimen trees in conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Oepartment. 3. 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 parkways ue to insufficient road interior streets and project d right-of-way, they shall be planted outside of the road right-of-way. VESTIIIG TE)ITATIVE TRACT IK). 23125, Amd. t2 Conditioas of Approval Page 9 5. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 6. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. 7. Front and rear yard landscaping shall incorporate the use of shade trees. Roof-mounted mechanical equiSxnent shall not be permitted within the subdivision, however solar equirrnent or any other energy saving devices shall be permitted with P1 anning Department approval. h. All front yards shall be provided with landscaping and automatic irrigation. i. A plot plan shall be submitted to the Planning Department pursuant to Section 1B.30 of Ordinance No. 348 accompanied by all applicable filing fees, as a plot plan that is not subject to the California Environmental Quality Act and is not transmitted to any governmental agency other than the Riverside County Planning Department. The plot plan shall ensure the conformante of the final site development with the tract's approved Design t4anual (Exhibit M), and shall contain the following elements: A final site plan showing the lots, building footprints, all setbacks, fences and/or walls, and floor plan and elevation assignments to individual lots. One (1) color and materials sample board (maximum size of B X 13 inches by 3/B inch thick) containing precise color, texture and material swatcheS or photographs (which may be from suppliers; brochures). Indicate on the board the name, address and phone numbers of both the sample board preparer and the project e plicant, tract number, and the manufacturer and product numbers w~ere possible (trade names also acceptable). One (1) copy of the architectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials board. The written color and material descriptions shall be located on the elevation. Six (6) co ies of each of glossy photographic color prints (size 8 X 10 'nc~es) of beth color and materials board and colored 1 architectural elevations for permanent filing, hearing body review and agency distribution. All writing must be legible· VESTIRG TENTATIVE TRACT R0, 23125, AId. #2 Conditions of Approval Page 10 Said plot plan shall require the approval of the Planing Director of .ny buildin , its for lots includ .ithi. submittal of p~ot plans prior to the issuance of building permi~ may ~ phasH provided: A separate ~ ot plan shall be submitted to the Planing Depari=ent for each phase, which shall be accompanied by appropriate filing fees. 2. Each individual plot ~an shall be approved by the Planning Director prior to the issuance of building permits for lots included within that plot plan. 21. Prior to the issuance of OCCUPANCY PERHITS the following conditions shall be satisfied: a. Wall and/or fence locations shall conform to approved site plan. 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. c, Prior to occupancy, bike paths shall be installed along De Portola Road and Butterfield Stage Road. All landscaping and irrigation shall be installed in accordance with qpproved plans and shall be verified by a Planning Department field Inspection. ee Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required mlls shall be determined by the acoustical study where applicable. f, Prior to occupancy, the park site and riparian enhancement area shall be developed in accordance with approved plans· GN:sc 9/02/88 INTER-DEPARTMENTAL MEMOKANDUM COUNTY OF Rlva~SIDE Road and Survey Department May 11, 1988 MAY 16 ]988 RIVEh~..,,. ,. 'UNTY PLANNING DEPk~TMENT TO: Lee Johnson, Principal Engineering Technician FROM: Edwin Studor, Transportation Planner RE: Tentative Tract 23125 (Sterling Ranch) - Traffic Study We have reviewed the Traffic Study for Tentative Tract 23125, and generally agree with the analysis relative to tra[fic and circulation. Based upon our review of this proposal, it is recommended that the following considerations be given in developing conditions of approval for this project. 1. The project proponent shall participate in the Traffic Signal Mitigation Program as approved by the Board of Supervisors. Butterfield Stage Road and De Portola Road, adjacent to the project, should be improved to an arterial highway (110' foot right-of-way). A 150 foot left turn lane pocket should be provided for traffic on Butterfield Stage Road and De Portola desiring to turn left into each project entrance. ES:AE=lg Planning Department Subdivision file March 8, 1988 I!AR 09 1988 RIVERSIDE COUNTY PLAfNNING DEPARTMENT Office-s: Stan T. Mills Geaera~ Mana~r Ph/lljp L. Forbe~ D/.recu}r c4 Franc{ - Noraart L. Thomu D~r of ~omu R. M~H~ter D~r of ~ra~oas & M~n~ B~bm J. ~ D~wr ~ Ad~s~ - D~ ~ Ru~ ~d Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract 23125 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. Sites for additional water production facilities may be required within the proposed development depending upon the level of increased demand created by the proposal. If RCWD can be of further service to you, please contact this office. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Senga P. Doherty Engineering Services Representative P011/dpt84 RANCHO CALIFORNIA WATER DISTRICT 28061 DIAZ ROAD · POST OFFICE BOX 174 · TEMECULA, CA 92390-0174 · (7141 676-4101 · FAX (714) 676-0615 CITY OF TEMECULA ) / / / / CITY OF TEMECULA ) ZONE SP ZONE SP ZONE / SP ZGN r._.~,R-A-Z C, 3~'~9 SP ZONE CZ 506;3 ZONE MAP CITY OF TEMECULA ) DV!~AC' THE MEADOWS SP 219,' ' VAI~,JqANCH SWAP MAP r CASE NO. P,C. DATE / ,~7. ~x7. STERLING RANCH CHANGE OF ZONE NO. /:7 VIC{NITY MAP NO SCALE ~ DE PORTOLA RD DETAIL"A" R-5 PARCEL "A" ,\ 'R-5 PARC E L" B" O04AC 6ROSS R-I PARCEL=E" ~E DETA4L R-5 R-5 PARCEL"D" ~F"' DE ,___R~_,T_OLA RD c~TAk"e" CA~EI c 0 200 RANPAC MAY 1991 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1991 Case No.: Appeal No. 15 Prepared By: Richard Ayala Recommendation: That Planning Staff recommends that the Planning Commission: ADOPT Resolution No, 91- denying Appeal No, 15, Administrative Plot Plan No, 91, 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: Winston Tires Local Neon Co., Inc. An Appeal of the Planning Director's denial of an application for a wall sign proposed to be situated above an existing roof. 27825 Jefferson, Northwest corner of Overland Drive (Winchester Square). C-1/C-P (General Commercial) North: C- 1 / C-P South: C-1/C-P East: C - P- S West: M-SC ( General Commercial ) ( General Commercial ) (Scenic Highway Commercial ) (Manufacturing - Service Commercial ) Not requested. Shopping Center North: South: East: West: Shopping Center Shopping Center Commercial Industrial A:APPL15 1 PROJECT STATISTICS: BACKGROUND: ANALYSIS: Number of Proposed Signs: Height of Signs: Square Footage of Sign: Total Square Footage of Proposed Signage: 1 wall sign 2' each 37 sq.ft. and 7~, sq.ft. 111 sq.ft. On February 22, 1991, Local Neon Company, Inc., filed Administrative Plot Plan No. 91 for Winston Tire Co. The proposed signage included two wall advertising signs located at the main entrance and the east elevation of the subject business. Planning Staff reviewed the application and approved the signage for the main entrance, but denied the proposed signage for the east elevation. Appeal No. 15 was filed on April 29, 1991. The applicant is appealing the Planning Department's denial of Administrative Plot Plan No. 91 for the signage on the east elevation of the subject business, based on the fact that the applicant feels it is necessary and reasonable to have signage facing Jefferson Avenue. The Planning Department has reviewed the proposed signage for the east elevation of the subject business and has found an inconsistency with Section 19.1L the standards for on-site advertising structures and signs, of Ordinance No. 3u,8. Section 19.~(b) stipulates that "No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on-site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building." The Appellant is proposing signage contrary to Section 19.~,(b) of Ordinance 348, in that the signage in question is proposed above the roof of the remainder building which fronts Jefferson Drive. In addition, the location of the proposed signage is not stipulated in the center's sign criteria. The subject business is located within a single linear building structure which has been designed with the middle portion of the building protruding above the roof adjacent to Jefferson Avenue. The subject business is located within the protruding section of the building and therefore, the applicant's intent to install a sign on the protruding wall is inconsistent with Section 19.~(b) of Ordinance 31~8 as previously mentioned. A:APPL15 2 FINDINGS: There is a reasonable probability that Administrative Plot Plan No, 91 lAppeal No. 15) will be inconsistent with the City 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 placement of wall signage per Section 19.4(b), Ordinance No. 348. 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 wall signage. The project is inconsistent in signage location with other wall signs for similar uses within the area. Other commercial centers, which are not freeway oriented, do not allow any form of signage above the roof or parapet of buildings as stipulated in Section 19.4(b) of Ordinance No. 348. STAFF RECOMMENDATION: The Planning Staff recommends that the Planning Commission: ADOPT Resolution 91 - denying Appeal No. 15, Administrative Plot Plan No. 91, based on the Findings contained in the Staff Report. RA:ks Attachments: 1. Resolution 91- A:APPL15 3 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING APPEAL NO. 15, ADMINISTRATIVE PLOT PLAN NO. 91, TO INSTALL AN APPROXIMATELY 111 SQUARE FOOT SIGN ABOVE AN EXISTING ROOF LOCATED ON THE NORTHWEST CORNER OF JEFFERSON AVENUE AND OVERLAND DRIVE AND KNOWN AS 27425 JEFFERSON AVENUE. WHEREAS, Local Neon Co., Inc. , filed Appeal No. 15 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Appea) application was processed in thetime and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Appeal on July 15, 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: 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: (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:APPL15 4 {b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. {C) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, [hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is 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. 15 proposed will not 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 18.30{c), 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:APPL15 5 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. 91 {Appeal No. 15) will be inconsistent with the City 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 placement of wall signage per Section 19.4(b), Ordinance No. 348. 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 wall signage. c) The project is inconsistent in signage location with other wall signs for similar uses within the area. Other commercial centers, which are not freeway oriented, do not allow any form of signage above the roof or parapet of buildings as stipulated in Section 19.4(b) of Ordinance No. 348. SECTION 2. Conditions. That the City of Temecula Planning Commission hereby denies Appeal No. 15, Administrative Plot Plan No. 91, to install an approximately 111 square foot sign above an existing roof located on the northwest corner of Jefferson Avenue and Overland Drive and known as 27425 Jefferson Avenue. A:APPL15 6 SECTION 3. PASSED, DENIED AND ADOPTED this 15th day of July, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANN I NG COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:APPL15 7 CITY OF TEMECULA ) LOCATION 'MAP CASE NO..//~ P.C. DATE CITY OF TEMECULA ZONE MAP ) r CASE NO. P.C. DATE CITY OF TEMECULA ) SWAP MAP r CASE NO. P.C. DATE EXHIBIT CASE # .,4,'/=r,~'z-/~- ITEM #7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1991 Case No.: Change of Zone No. 16 Prepared By: Steve Jiannino Recommendation: RECOMMEND to the City Council: 1. ADOPTION of a Negative Declaration for Change of Zone No. 16; and ADOPT Resolution 91 - recommending approval of Change of Zone No. 16 based on the Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Connie Hill Change of Zone from R-R (Rural Residential ) to C- P-S {Scenic Highway Commercial) on 1 acre. 27628 Jefferson Avenue R-R ( Rural Residential ) North: R - R South: C- P-S East: 1-15 West: C-P-S ( Rural Residential ) (Scenic Highway Commercial ) ( Freeway ) (Scenic Highway Commercial ) C-P-S (Scenic Highway Commercial ) Vacant ( Corral ) North: South: East: West: Veterinary Office Vacant 1-15 Freeway Commercial Center A:CZ16 1 BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: This project was submitted May 15, 1991. At that time the applicant indicated that they did not have a finalized development plan for the property. They did have interest in the property from several restaurant companies, but the companies did not want to process a project until Commercial zoning existed on the property. Staff informed the applicant that zone changes were processed on a case by case basis with the majority of these cases being processed with a concurrent Plot Plan application. In addition, Staff indicated that they would support the request without a development application because of the location, surrounding development, and infrastructure availability. The applicant was also cautioned that the Change of Zone application was a discretionary application and that the Planning Commission or City Council could require a development permit prior to approval of the Zone Change. The application is for a Change of Zone from R-R (Rural Residential) to C-P-S (Scenic Highway Commercial) on a 1 acre parcel at 27625 Jefferson Avenue. The project proposes a Change of Zone on a 1 acre parcel to make the zoning consistent with the current Southwest Area Plan (SWAP) designation. The Southwest Area Plan, which has been adopted as a General Plan guideline by the City, designates this site as Commercial. The Planning Commission has adopted the policy of processing Change of Zone requests on a case-by-case basis, but generally preferring that plot plans be submitted in conjunction with the Zone Change application. Upon review of the area, with the existing improvements and development, Staff recommended to the applicant processing of the case without a development proposal. The proposed zoning, in staff's opinion, appears to be a logical land use with the development of compatible commercial uses in the vicinity. The major staff concern raised during review of the project relates to the ultimate alignment of the Overland overpass. It appears that the overpass will impact that the a portion of this site and that the ultimate overpass design and construction will impact any development proposal for the site. The effect of the overpass on the zone change request, A:CZ16 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: since no development is proposed, can not be precisely determined at this time. The overpass ~ssue is a concern, but the issue can be more appropriately addressed at the plot plan stage. Although the issue may be one the Commission and Council wants addressed prior to changing the zoning on the property, staff is recommending action on the zoning issue without a concurrent development application. The surrounding area is zoned C-P-S and is currently being developed as commercial property. Infrastructure currently exists within the area to support commercial activity on the site, such as: major street and drainage facilities are constructed; and water and sewer improvements exist which will support commercial development. In addition, the site also fronts 1-15 which will provide high visibility for the site and any future development. Jefferson Avenue and the freeway corridor are designated as C ~ Commercial ) with the current zoning being C-P-S on most of the surrounding parcels. This project is consistent with the SWAP designation of C (Commercial). The proposed zoning is also compatible with the current and proposed surrounding development. It is anticipated that the proposed zoning will be consistent with the ultimate City General Plan when it is adopted. An Initial Study has been completed for the project and a Negative Declaration is being recommended for adoption. It has been determined that the proposed Zone Change from R-R to C-P-S will not have any significant impacts on the environment. The proposed Change of Zone 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, due to the fact that the project is compatible with the surroundingcommercialdevelopment, zoning, and SWAP. A:CZ16 3 STAFF RECOMMENDATION: There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is compatible with surrounding development and improvements. The site is physically suited for the proposed Change of Zone in that required infrastructure exists in the area include 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 proposed zoning provides a commercial support area for the employment based developments recently approved and under construction to the west of the site, RECOMMEND to the City Council: ADOPTION of a Negative Declaration for Change of Zone No. 16; and ADOPT Resolution 91 - recommending approval of Change of Zone No. 16 based on the Findings contained in the Staff Report. SJ: ks Attachments: 1. Resolution 2. Initial Study 3. Exhibits A:CZ16 4 RESOLUTION NO. 91- A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMENDING APPROVAL ZONE NO. 5755 CHANGING THE ZONE FROM R-R TO C-P-S ON PROPERTY LOCATED AT 27628 JEFFERSON AVENUE AND KNOWN AS ASSESSOR'S PARCEL NO. 910-130-026. WHEREAS, Connie Hill filed Change of Zone No. 16 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 July 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said 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 {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. b) There is little or no probability of substantial detriment to or interference with the future A:CZ16 5 adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances, B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: a) 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 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 compatible with the surroundingcommercialdevelopment, 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. The project is compatible with surrounding development and improvements. d) The site is physically suited for the proposed Change of Zone in that required infrastructure exists in the area include 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 proposed zoning provides a commercial support area for the employment based developments recently approved and under construction to the west of the site. A:CZ16 6 D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The proposed project could not have a significant effect on the environment and a Negative Declaration therefore is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Zone Change No. 16 to change the zoning on 1 acre of land from R-R (Rural Residential) to C-P-S (Scenic Highway Commercial) on property located at 27628 Jefferson Avenue and known as Assessor's Parcel No. 910-130-026. SECTION 4. PASSED, APPROVED AND ADOPTED this 15th day of July, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:CZ16 7 II CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 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: 7. Project Description: Environmental Impacts Connie Hill 27627 Jefferson Avenue Temecula, CA 92387 (714) 676-3531 June 18, 1991 CITY OF TEMECULA Chanqe of Zone No. 16 27628 Jefferson Avenue Temecula, California Chanqe of Zone from R-R ( Rural Residential) to C-P-S (Scenic Hiqhway Commercial) on 1 acre. ( 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 overcoverin9 of the soil? Substantial change in topo9raphy or ground surface relief features? The destruction, coverin9 or modi- fication of any unique geologic or physical features? No X X X X A:CZ16 8 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, 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 Fates, 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? Yes Maybe No X X X X X X X X X X X A:CZ16 9 Yes Maybe N._9 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)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? X X X X X X X X X X X A:CZ16 10 Yes Maybe No 10. 11. 12o 13. Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density. or growth rate of the human population of 8rl 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? X X X X X X X X X X X A:CZ16 11 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 1~. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? __ __ X b. Police protection? __ __ X c. Schools? X d. Parks or other recreational faci l iti es? 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 9as? __ __ X A:CZ16 12 17. 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 X X X X X A:CZ16 13 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:CZ16 lq. I I I. Discussion of Evaluation for Initial Environmental Study Item Change of Zone No. 16 1. through 21. No. The current proposal only involves a Change of Zonin9 classification from R-R to C-P-S. The proposed C-P-5 zoning is consistent with the SWAP designation of C (Commercial). The fact that no project is proposed, only a consistent zoning reduces potential impacts. The uses allowed within the C-P-S zone are consistent with uses allowed within the R-R with a Conditional Use Permit. Therefore, no adverse impacts are anticipated at this time. A:CZ16 15 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X June 18, 1991 Date For CITY OF TEMECIJLA A:CZ16 16 CITY OF TEMECULA ) / ./ ./ LOCATION MAP CASE .0. CZ/6 p.C. DATE 7-1~"'~'1 CITY OF TEMECULA ~ C/ SWAP MAP CASE NO.C'Z/(~ p.C. DATE "'~.,.T,/~"""'f( J CITY OF TEMECULA ) 077 / / / f C-P-S M -SC CZ :~173 P'S I CZ413:~ CZ 1954 C-P-S CZ 4070 ZONE MAP CZ 915 r CASE NO. p.C. DATE "/-I,~-?l ITEM #6 ITEM #8 Recommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1991 Case No.: Plot Plan No. 225 Prepared By: Scott Wright 1. ADOPT the Negative Declaration; and ADOPT Resolution No. 91- approving Plot Plan No. 225 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: Leonard Nagel Carl J. Loza, Architect To construct an 18,000 square foot furniture warehouse with 3,000 square feet of sales/display area on a 1.05 acre site. Westerly side of Enterprise Circle North approximately 380 feet west of Winchester Road. M-SC { Manufacturing-Service Commercial ) North: M-SC South: M-SC East: M-SC West: M- S C (Manufacturing-Service Commercial ) (Manufacturing-Service Commercial ) {Manufacturing-Service Commercial ) ( Manufacturi n9 -Serv ice Commercial ) Not requested. Vacant North: South: East: Office/Light Industrial Vacant Office A:PP225 1 PROJECT STATISTICS: BACKGROUND': PROJECT DESCRIPTION: ANALYSIS: West: Santa Gertrudis Creek Site Area: Building Area: Storage: Sales/Display: Office: Total Building Height: Parking: Interior Planting: 1.05 acres 14,400 sq.ft. 3,000 sq.ft. 600 sq. ft. 18,000 sq.ft. 26 feet 23 spaces 5,700 sq.ft. (approx) The site's underlying Parcel Map No. 19582 was approved by the County. Flood hazards and liquefaction potential were addressed in conjunction with approval of the underlying Parcel Map No. 19582 and the grading done in conjunction with the Parcel Map. The project is to construct a two story carpet warehouse with a building height of 26 feet and a total floor area of 18,000 square feet. lu,,u,00 square feet of floor area will be used for storage, 3,000 square feet for sales and display, and 600 square feet for office space. Liquefaction and Fault Hazards The site is located in an area designated as susceptible to liquefaction. The liquefaction report prepared in conjunction with the underlying parcel map concluded that there is liquefaction potential which would have an effect on development on Lots 5 through 12 and 21 through 26. The property in question is Lot No. q, which is located outside of the area of liquefaction potential. An Alquist-Priolo (seismic) report was also prepared which states that Lots 12 through 16 and Lot 26 are affected by earthquake faulting. The Report recommends a building setback zone. Again, the property in question is not among those affected. The County Geologist reviewed the reports and found that they meet the requirements of the California Environment Quality Act and the Alquist- Priolo Act. Flood Hazards and Drainaqe The site is located within the Flood Zone A A:PP225 2 designation. However, the Santa Gertrudis Creek is an improved flood control channel where it abuts the site. Gradin9 plans and hydraulic and hydrologic calculations prepared in conjunction with the underlying parcel map were reviewed by the County Flood Control District and found to be adequate with respect to flood control. The developer will be required to comply with Ordinance 91-12 which may require obtaining clearance from the Federal Emergency Management Agency. The site is located within the Murrieta Creek/Santa Gertrudis Valley Area Drainage Plan and is subject to Area Drainage Plan fees payable prior to issuance of permits. The site will be graded to drain toward Enterprise Circle North Access and Internal Traffic Circulation A driveway 26 feet in width provides access to the site. All interior drive aisles are at least 25 feet in width and can accommodate two-way traffic circulation. There is adequate turn-around and back-up space behind the building for ingress and egress of delivery trucks. Parkinq The applicable parkin9 requirements are I space per 750 square feet of display area, 1 space per employee, 1 space per 2,000 square feet of warehouse area, and 1 space per 250 square feet of office area. For 3,000 square feet of display area, 14,400 square feet of warehouse space with 6 employees, and 600 square feet of office, 20 parking spaces are required. The site plan shows 23 spaces. Loadinq Zones Ordinance 348 requires two loading spaces for commercial or industrial developments with 7,500 to 14,999 square feet of gross floor areas. The required dimensions of a loading space are 10 feet in width by 35 feet in length. The site plan shows one loading space 10 feet wide and 35 feet long. Section 11.5 of the M-SC Chapter of the zoning code allows modifications of or waivers to a development standard when the standard is inappropriate for the proposed use and the exception will not be contrary to public health and safety. In staff's opinion, one A:PP225 3 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: loading zone will be adequate for the proposed carpet warehouse in that deliveries will not be frequent enough to require two loading zones. Architecture The design of the building contains sufficient articulation and variation of form and contrast in color, texture, and building material to present an attractive appearance. Landscaping M-SC development standards require a landscape strip at least 10 feet deep adjacent to street right- of-way lines. A landscape strip 12 to 20 feet deep is shown on the site plan. Interior planting exceeds 5,700 square feet and is more than adequate to satisfy the requirement to landscape 10% of the site. The site is zoned Manufacturing Service Commercial and is designated for commercial uses by the Southwest Area Plan. The proposed warehouse/retail building is consistent with the existing zoning and land use designation. An Initial Study was prepared for Plot Plan No. 225 and is attached to this Staff Report. Staff recommends adoption of a Negative Declaration for Plot Plan No. 225. The proposed warehouse/retail bui'lding is consistent with the Area Plan land use designation and the zone in which it is located due to the fact that the site is designated C and zoned M-SC. There is a reasonable probability that the proposed land use will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time in that the proposed use is consistent with the existing uses, zoning, and SWAP designation of the area. 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 because the project is compatible with surrounding development. A:PP225 4 STAFF RECOMMENDATION: The proposed use or action complies with all other applicable requirements of state law and local ordinances in that the project is consistent with existing zoning and compatible with adjacent land uses. The project will not constitute an adverse impact on surrounding land uses in that runoff from the site will not drain toward adjacent properties and the project is of similar use to surrounding development, The site is adequate for the proposed use in that parkin9, internal traffic circulation, and landscapin9 are adequate and meet all applicable requirements. The site has adequate access from a public street, Enterprise Circle North. The site is free from ordinary storm flood hazards, and the potential for liquefaction as concluded in the liquefaction report done for the area. Staff recommends that the Planning Commission: 1. ADOPT the Negative Declaration; and ADOPT Resolution No. 91- approvin9 Plot Plan No. 225 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. SW: ks Attachments: 2. 3. Resolution Conditions of Approval Environmental Assessment Exhibits A. Vicinity Map B. Site Plan C. Elevations A:PP225 5 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVED PLOT PLAN NO. 225 TO PERMIT CONSTRUCTION OF A TWO STORY WAREHOUSE WITH SALES/DISPLAY AREA LOCATED ON THE WESTERLY SIDE OF ENTERPRISE CIRCLE NORTH APPROXIMATELY 380 FEET WEST OF THE SOUTHERLY INTERSECTION OF ENTERPRISE CIRCLE NORTH AND WINCHESTER ROADAND KNOWN ASASSESSOR~SPARCEL 909-281-00~. WHEREAS, Leonard Nagel filed Plot Plan No. 225 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 considered said Plot Plan on July 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approved said Plot Plan; 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: 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:PP225 6 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 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 Plot Plan No. 225 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) PursuanttoSection18.30(c), noplotplanmay 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. A:PP225 7 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, The Planning Commission, in recommending approval of the proposed Plot Plan, makes the following findings, to wit: a) (LIST STAFF REPORT FINDINGS) E. As conditioned pursuant to SECT ION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Plot Plan No. 225 for the operation and construction of a warehouse/display building located on the westerly side of Enterprise Circle North approximately 380 feet west of the southerly intersection of Enterprise Circle North and Winchester Road subject to the attached Conditions of Approval. A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 15th day of July, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the following vote of the Commission: A:PP225 8 AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:PP225 9 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 225 Project Description: To construct an 18,000 square foot furn{ture warehouse Assessor's Parcel No.: 909-281-004 Plannin.q Department The use hereby permitted by this plot plan is for an 18,000 square foot furniture warehouse. 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 225. 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 July 15, 1993. The development of the premises shall conform substantially with that as shown on Plot Plan No. 225 marked Exhibit B, 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 transmittal dated June 19, 1991, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated June 19, 1991, a copy of which is attached. A:PP225 10 10. 11. 12. 13. A:PP225 Prior to the issuance of grading or building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 3u,8, Section 18.12, and shall be accompanied by the appropriate filing fee. All landscaped areas shall be planted in accordance with approved landscape, irrigation. and shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. A minimum of 23 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3~,8. 23 parking spaces shall be provided as shown on the Approved Exhibit B. 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 1 handicapped parking space shall be provided as shown on Exhibit B. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone " In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health Rancho Water District School District Riverside County Flood Control Fire Department Eastern Municipal Water District A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. 11 15. 16. 17. 18. 19o 20. 21. 22. 23. 24. A:PP225 Building elevations shall be in substantial conformance with that shown on Exhibit C. 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. This project is located within a subsidence or zone. Prior to issuance of any building permit by the Department of Building and Safety, a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for subsidence. Where hazard of subsidence is determined to exist, appropriate mitigation measures must be demonstrated. Unless previously complied with, 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. 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. 12 25. 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 1LI 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). Enqineerinq 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 Engineerin9 Department. It is understood that the Developer correctly shows all existin9 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: 26. 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. 27. 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. 28. The developer shall submit two (2) copies of a soils report to the Engineerin9 Department. The report shall address the soils stability and geological conditions of the site. 29. A Geolo9ical Report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. A:PP225 13 30. 31. 32. 33. 3~. 35. 36. 37. 38. 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. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the City Englneer~s Office. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. The 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: sidewalks, drive approaches, signing, striping, and other traffic control devices as appropriate. b. Landscaping {street and parks). c. Sewer and domestic water systems. d. Undergrounding of existing and proposed utility distribution lines. 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. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 4O. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. A:PP225 14 41. 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 and with 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: A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. Prior to 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. 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 CERTIFICATION OF OCCUPANCY: Improvement plans per applicable 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 401 (curb sidewalk). A:PP225 15 Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~I61 and as approved by the City Engineer. Concrete sidewalks shall be constructed along all public street frontages in accordance with Riverside County Standard Nos. 400 and 401. A:PP225 16 RIVERSIDE COUNTY FIRE DEPARTMENT SID ,~r , _ 210 WEST SAN JACINTO AVENUE · PERRIS, CALIFORNIA 92370 ~ (714) 657-3183 GLEN J. NEWMAN FIRE CHIEF June 19, 1991 TO: CITY OF TEMECULA ATTN: PLANNING DEPT RE: PLOT PLAN 225 AMENDED #1 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 3000 GPM for a 3 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 offsite super fire hydrants (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. 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." ~1 tNDIO OFFICE 79-733 Country Club Drive. Suite F, lndio, CA 92201 (619) 342~886 · FAX (619) 775-2072 PLANNING DIVISION ?1 TEMECULA OFFICE 41002 County Center Drive, Suite 225, Teme~ula. CA 92390 ~714) 694-5070 * FAX (714) 694-5076 [] RIVERSIDE OFFICE 3760 12tb Street, Riverside, CA 92501 (714) 275-4777 · FAX (714) 369-7451 ~ prl~tedonrecFcledpa~er PLOT PLAN 225 PAGE 2 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. 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-iOBC. Contact a certified extinguisher company for proper placement of equipment. 12. 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. 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 25C per square foot as mitigation for fire protection impacts. This amount must 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 Laura Cabral, Fire Safety Specialist LC/tm County Riverside DEPARTMENT OF HEALTH TO: CITY OF TEMECULA RATE: ATTN: Scott Wright FROM: SAM M , Environmental Health Specialist IV RE: PLOT PLAN NO. 225 06-19-91 The Environmental Health Services has reviewed Plot Plan No. 225 and has no ob.jections, Sanitary sewer and water services should be available in this area. Prior to any buildino plan review for Health clearance, the following items are required: "W~ll-serve' letters from the appropriate water and sewering agenczes. A ;l~[ADtq_.,,19~_ta.n from the Hazardous Services Materials Management Branch (Jon Mohoroski, 358-5055). will be requzred indicating that the proaect has been cleared for: a. Underground storage tanks b. Hazardous Waste Generator Servlces c, Hazardous Waste Disclosure (ln accordance with AB 2185) d. Waste reduction management 4. Waste ReOulation Branch (Waste Collection/LEA) SM:dr co: Jon MohoroskZ. Hazardous Materials Branch CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Carl J. Loza Address and Phone Number of Proponent: 840 "B" Columbia Street Brea, CA 92621 (714) 671-0801 Date of Environmental Assessment: Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Plot Plan No. 225 6. Location of Proposal: Westerly side of Enterprise Circle North approximately 380 feet west of Winchester 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 PLANN I NG\Z2 5PP. C0A 18 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 chan9es 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 9round waters? Yes Maybe No X X X X X X X X X X X PLANNING\225PP.COA 19 Change in the quantity of ground waters, either through direct addi- tions or withc~awals, 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, Fare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes Maybe No X X X X X X X X X X PLANNING\225PP.COA 20 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances ( including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes Maybe No X X X X X X X X X X X PLANNING\225PP.COA 2 1 Yes Maybe N_._9 b. Effects on existing parkin9 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 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 followin9 utilities: a. Power or natural gas? __ __ X PLANNING\225PP.COA 22 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 PLANNING\225PP.COA 23 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 PLANNING\225PP.COA 24 III Discussion of the Environmental Evaluation Earth 1 .a,c,d. 1.b. 1.e. 1.f. 1.g. Air 2.a,b,c. Water 3.a,c,d. No. The site is relatively flat, contains no unique geologic features, and will not require any major excavation which would result in soil instability, changes in geologic substructures, or substantial changes in topography. Yes. The project will involve compaction of soil as a mitigation for liquefaction. This is not considered a significant impact. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydro- seeding disturbed areas after grading. After construction of the project, water runoff is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the conditions of approval. No. The Santa Certrudis Creek is a fully improved channel adjacent to the site. Any drainage into the channel is subject to review and approval by the Flood Control District. Yes. The site is located in an area of susceptibility to liquefaction and near an earthquake fault. The geology reports prepared for the underlying parcel map show that the property in question is not affected by liquefaction potential and is not within the proposed building setback from the earthquake fault. No mitigations are necessary other than compliance with Standard Uniform Building requirements to address potential groundshaking. No. The proposed structure will be used for storage and sale of carpets and will not result in substantial air emissions, the creation of objectionable odors, or climatic alterations. No. The santa Gertrudis Creek adjacent to the site is a fully improved channel and the project will not result in any alteration of the course or direction of waters in the channel. P LANN I NG\225PP. COA 2 5 3,b, Yes, The addition of impermeable surfaces to the site will alter absorption rates and alter the rate and amount of surface runoff, All runoff will be directed toward drainage facilities as approved by the City Engineer, This impact is not considered significant, Maybe, During construction, the proposed project could increase turbidity in local surface water, Watering of the site during grading and construction will minimize increases in turbidity, 3,f,g,h, No, Excavation of the site will not be extensive enough to alter the flow of groundwater, The project will be served by Rancho Water District and will not result in direct additions or withdrawals of groundwater or reduce the public water supply, 3.i. No, The site is located in Flood Zone A, The sirens underlying subdivision, Parcel Map No, 19582-2 has been cleared by the County Flood Control District and the County Road Department in preparation for recordation, Improvement plans have incorporated interim flood proofing measures that will protect the tract from the 100 year storm event, The developer will be required to satisfy the requirements of City Ordinance 91-12 prior to issuance of any permits, Plant Life 4.a,b,d. No, The site has already been disturbed and is not in use as agricultural land, Maybe, Non-native vegetation may be introduced to the site as part of the landscape vegetation, This is not considered a significant impact, Animal Life 5,a,b,c, No, The site has already been disturbed by rough grading, The project will not result in any additional impacts to animal life or habitat, Noise 6,a,b, No, The proposed retail/warehouse structure will not result in any significant increases in noise levels or expose people to unusual or severe noise levels, Noise generated during construction will be temporary and is not considered a significant impact, Li.qht and Clare No, All outdoor lighting on the site will be required to utilize low pressure sodium vapor lights pursuant to the Mr, Palomar Outdoor Lighting Policy, Land Use No, The proposed warehouse/retail structure is consistent with the manufacturing-Service Commercial zone in which the site is located, PLANNING\225PP.COA 26 Natural Resources 9.a,b. No. The project will not result in any unusual or significant increase in the usage or depletion of any natural resources. Risk of Upset lO.a. No. The proposed building will be used for storage and sale of carpets and will not involve the use of any hazardous substances. lO.b. Maybe. Any street or lane closures during construction shall be coordinated with the Police and Fire Departments in order to prevent interference with emergency vehicle response. Population and Housing 11,12. No. The project will provide additional jobs and could attract more population to the area. However, the number of new jobs created will be insignificant, and at least some of the jobs will be taken by current residents of the area. The increase in population and the demand for housing in the area due to this project are unlikely to be significant impacts. Transportation/Circulation 13.a,f. No. The proposed structure will be used for storage and sale of carpets, a land use which typically does not generate high volumes of traffic. The developer shall be required to pay a fee to contribute to the installation of a traffic signal at the westerly intersection of Enterprise Circle North and Winchester Road when State traffic signal criteria are met and to pay an area-wide road improvements and public facilities fee. 13.b,c, d,e. No. The project will be required to provide adequate on-site parking. The project will not result in any alterations to present patterns of circulation or any impacts on existing transportation systems or to water, rail, or air traffic. Public Services 14.a,b, e,f. Yes. The proposed project will require public services in the areas of police, fire, road maintenance, and public facilities. Fir impact mitigation fees and property taxes will provide adequate mitigation for the additional need for public services generated by the project. 14.c,d. 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. PLANNING\225PP. COA 2 7 Enerqy 15.a,b. No. The proposed project will not result in a substantial use or increase in demand for fuel or other energy sources. Utilities 16.a-f. No. The proposed project will not result in a need for substantial alterations of existing utility systems. Human Health 17.a,b. No. The proposed building will be constructed in accordance with the Uniform Building and Fire Codes and will not result in exposure of human beings to potential health hazards. Aesthetics 18. No. Development of the site will not obstruct any scenic view that is currently available to the public. The landscaping of the site and the architecture of the building will be adequate to prevent a visually offensive appearance. Recreation 19. No. The site is not currently used for recreational purposes. Cultural Resources 20.a-d. No. The site is not located in a designated area of archaeological or paleontological sensitivity. If any cultural or paleontological resources are found during excavation and grading, an archaeologist or paleontologist shall be brought on-site to determine whether the artifacts are significant and to supervise their preservation if appropriate. Mandatory Findinqs of Siqnificance 21 .a. No. No rare or endangered plant species have been identified in the area in which the project is located. The project will be subject to mitigation fees for the Stephen's Kangaroo Rat Habitat Conservation Plan. The site has already been disturbed by rough grading done in conjunction with the underlying parcel map. 21 .b,c. No. The project will not result in any significant long term or cumulative impacts in that Santa Gertrudis Flood Channel improvements are required as a Condition of the siteis underlying parcel map, and the developer is required to contribute fees toward installing a traffic signal at Enterprise Circle North and Winchester Road when traffic conditions meet State warrants for signalization. PLANNING\225PP.COA 28 No. The project will not cause substantial adverse effects on human beings in that flood control and traffic signalization improvements are required and construction must conform to Uniform Building and Fire Code requirements. PLANNiNG\225PP.COA 29 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 PLANNING\225PP.COA 30 CITY OF T'E~ECULA ~ // \ // \ .// SITE - : VICINITY MAP CASE NO. P.C. DATE ~1/15/~11 ENTERPRISE STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1991 Case No.: Appeal No. 15 Prepared By: Richard Ayala Recommendation: That Planning Staff recommends that the Planning Commission: ADOPT Resolution No. 91- denying Appeal No. 15, Administrative Plot Plan No. 91, 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: Winston Tires Local Neon Co., Inc. An Appeal of the Planning Director's denial of an application for a wall sign proposed to be situated above an existing roof. 27425 Jefferson, Northwest corner of Overland Drive (Winchester Square). C-1/C-P (General Commercial) North: C- 1 / C -P South: C- 1 / C -P East: C-P-S West: M-SC ( General Commercial ) ( General Commercial ) (Scenic Highway Commercial ) (Manufacturing - Service Commercial ) Not requested. Shopping Center North: South: East: West: Shopping Center Shopping Center Commercial Industrial A:APPL15 1 PROJECT STATISTICS: BACKGROUND: ANALYSIS: Number of Proposed Signs: Height of Signs: Square Footage of Sign: Total Square Footage of Proposed Signage: 1 wall sign 2' each 37 sq.ft. and 74 sq.ft. 111 sq.ft. On February 22, 1991, Local Neon Company, Inc., filed Administrative Plot Plan No. 91 for Winston Tire Co. The proposed signage included two wall advertising signs located at the main entrance and the east elevation of the subject business. Planning Staff reviewed the application and approved the signage for the main entrance, but denied the proposed signage for the east elevation. Appeal No. 15 was filed on April 29, 1991. The applicant is appealing the Planning Department's denial of Administrative Plot Plan No. 91 for the slgnage on the east elevation of the subject business, based on the fact that the applicant feels it is necessary and reasonable to have signage facing Jefferson Avenue. The Planning Department has reviewed the proposed signage for the east elevation of the subject business and has found an inconsistency with Section 19.LL the standards for on-site advertising structures and signs, of Ordinance No. 3u,8. Section 19.u,(b) stipulates that "No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on-site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building." The Appellant is proposing si9na9e contrary to Section 19.~(b) of Ordinance 3u,8, in that the signage in question is proposed above the roof of the remainder building which fronts Jefferson Drive. In addition, the location of the proposed signage is not stipulated in the center~s sign criteria. The subject business is located within a single linear building structure which has been designed with the middle portion of the building protruding above the roof adjacent to Jefferson Avenue. The subject business is located within the protruding section of the building and therefore, the applicant's intent to install a sign on the protruding wall is inconsistent with Section 19.~,(b) of Ordinance 3u,8 as previously mentioned. A:APPL15 2 FINDINGS: There is a reasonable probability that Administrative Plot Plan No. 91 {Appeal No. 15) will be inconsistent with the City 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 placement of wall signage per Section 19.4(b), Ordinance No. 348. 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 wall signage. The project is inconsistent in signage location with other wall signs for similar uses within the area. Other commercial centers, which are not freeway oriented, do not allow any form of signage above the roof or parapet of buildings as stipulated in Section 19.4|b) of Ordinance No. 348. STAFF RECOMMENDATION: The Planning Staff recommends that the Planning Commission: ADOPT Resolution 91 - denying Appeal No. 15, Administrative Plot Plan No. 91, based on the Findings contained in the Staff Report. RA:ks Attachments: Resolution 91- A:APPL15 3 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING APPEAL NO. 15, ADMINISTRATIVE PLOT PLAN NO. 91, TO INSTALL AN APPROXIMATELY 111 SQUARE FOOT SIGN ABOVE AN EXISTING ROOF LOCATED ON THE NORTHWEST CORNER OF JEFFERSON AVENUE AND OVERLAND DRIVE AND KNOWN AS 27425 JEFFERSON AVENUE. WHEREAS, Local Neon Co., Inc., filed Appeal No. 15 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 thetime and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Appeal on July 15, 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. 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. 12) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A:APPL15 4 |b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (C) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is 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. 15 proposed will not 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 18.30(c), 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:APPL15 5 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. 91 (Appeal No. 15) will be inconsistent with the City 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 placement of wall signage per Section 19.u,(b), Ordinance No. 3~,8. 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 wall signage. c) The project is inconsistent in signage location with other wall signs for similar uses within the area. Other commercial centers, which are not freeway oriented, do not allow any form of signage above the roof or parapet of buildings as stipulated in Section 19.z)(b) of Ordinance No. 3u,8. SECTION 2. Conditions. That the City of Temecula Planning Commission hereby denies Appeal No. 15, Administrative Plot Plan No. 91, to install an approximately 111 square foot sign above an existing roof located on the northwest corner of Jefferson Avenue and Overland Drive and known as 27~,25 Jefferson Avenue. A:APPL15 6 SECTION 3. PASSED, DENIED AND ADOPTED this 15th day of July, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the followin9 vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:APPL15 7 CITY OF TEMECULA ) LOCATION .MAP CASE NO.,~ P.C. DATE CITY OF TEMECULA ) ZONE MAP CASE NO. ,-'~='~"f~'/~' P,C. DATE ~-/5"-'~ ) CITY OF TEMECULA ) SWAP MAP r CASE NO. P.C. DATE EXHIBIT .~ CASE # ~-,~.,'~/~- ITEM #7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1991 Case No.: Change of Zone No, 16 Prepared By: Steve Jiannino Recommendation: RECOMMEND to the City Council: 1. ADOPTION of a Negative Declaration Change of Zone No. 16; and ADOPT Resolution 91 - recommending approval of Change of Zone No. 16 based on the Findings contained in the Staff Report, for APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Connie Hill Change of Zone from R-R (Rural Residential) to C- P-S (Scenic Highway Commercial) on 1 acre. 27628 Jefferson Avenue R-R ( Rural Residential ) North: R-R ( Rural Residential ) South: C-P-S (Scenic Highway Commercial ) East: I - 15 ( Freeway ) West: C-P-5 (Scenic Highway Commercial ) C-P-S ( Scenic Highway Commercial ) Vacant ( Corral ) North: South: East: West: Veterinary Office Vacant 1-15 Freeway Commercial Center A:CZ16 1 BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: This project was submitted May 15, 1991. At that time the applicant indicated that they did not have a finalized development plan for the property. They did have interest in the property from several restaurant companies, but the companies did not want to process a project until Commercial zoning existed on the property, Staff informed the applicant that zone changes were processed on a case by case basis with the majority of these cases being processed with a concurrent Plot Plan application, In addition, Staff indicated that they would support the request without a development application because of the location, surrounding development, and infrastructure availability. The applicant was also cautioned that the Change of Zone application was a discretionary application and that the Planning Commission or City Council could require a development permit prior to approval of the Zone Change. The application is for a Change of Zone from R-R (Rural Residential) to C-P-S (Scenic Highway Commercial ) on a 1 acre parcel at 27625 Jefferson Avenue. The project proposes a Change of Zone on a 1 acre parcel to make the zoning consistent with the current Southwest Area Plan ISWAP) designation. The Southwest Area Plan, which has been adopted as a General Plan guideline by the City, designates this site as Commercial, The Planning Commission has adopted the policy of processing Change of Zone requests on a case-by-case basis, but generally preferring that plot plans be submitted in conjunction with the Zone Change application. Upon review of the area, with the existing improvements and development, Staff recommended to the applicant processing of the case without a development proposal. The proposed zoning, in staff's opinion, appears to be a logical land use with the development of compatible commercial uses in the vicinity. The major staff concern raised during review of the project relates to the ultimate alignment of the Overland overpass. It appears that the overpass will impact that the a portion of this site and that the ultimate overpass design and construction will impact any development proposal for the site. The effect of the overpass on the zone change request, A:CZ16 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: since no development is proposed, can not be precisely determined at this time. The overpass issue is a concern, but the issue can be more appropriately addressed at the plot plan stage. Although the issue may be one the Commission and Council wants addressed prior to changing the zoning on the property, staff is recommending action on the zoning issue without a concurrent development application. The surrounding area is zoned C-P-S and is currently being developed as commercial property. Infrastructure currently exists within the area to support commercial activity on the site, such as: major street and drainage facilities are constructed; and water and sewer improvements exist which will support commercial development. In addition, the site also fronts 1-15 which will provide high visibility for the site and any future development. Jefferson Avenue and the freeway corridor are designated as C | Commercial ) with the current zoning being C-P-S on most of the surrounding parcels. This project is consistent with the SWAP designation of C (Commercial). The proposed zoning is also compatible with the current and proposed surrounding development. It is anticipated that the proposed zoning will be consistent with the ultimate City General Plan when it is adopted. An Initial Study has been completed for the project and a Negative Declaration is being recommended for adoption. It has been determined that the proposed Zone Change from R-R to C-P-S will not have any significant impacts on the environment. The proposed Change of Zone 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, due to the fact that the project is compatible with the surroundingcommercialdevelopment, zoning, and SWAP. A:CZ16 3 STAFF RECOMMENDATION: There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is compatible with surrounding development and improvements. The site is physically suited for the proposed Change of Zone in that required infrastructure exists in the area include 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 proposed zoning provides a commercial support area for the employment based developments recently approved and under construction to the west of the site. RECOMMEND to the City Council: 1. ADOPTION of a Negative Declaration for Change of Zone No. 16; and ADOPT Resolution 91 - recommending approval of Change of Zone No. 16 based on the Findings contained in the Staff Report. SJ:ks Attachments: Resolution initial Study Exhibits A:CZ16 4 RESOLUTION NO. A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMENDING APPROVAL ZONE NO. 5755 CHANGING THE ZONE FROM R-R TO C-P-S ON PROPERTY LOCATED AT 27628 JEFFERSON AVENUE AND KNOWN AS ASSESSOR'S PARCEL NO. 910-130-026. WHEREAS, Connie Hill filed Change of Zone No. 16 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 July 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said 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 |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. b) There is little or no probability of substantial detriment to or interference with the future A:CZ16 5 adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: a) 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 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 compatible with the surroundingcommercialdevelopment, 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. The project is compatible with surrounding development and improvements. d) The site is physically suited for the proposed Change of Zone in that required infrastructure exists in the area include 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 proposed zoning provides a commercial support area for the employment based developments recently approved and under construction to the west of the site. A:CZ16 6 D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The proposed project could not have a significant effect on the environment and a Negative Declaration therefore is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Zone Change No. 16 to change the zoning on 1 acre of land from R-R (Rural Residential) to C-P-S (Scenic Highway Commercial) on property located at 27628 Jefferson Avenue and known as Assessor's Parcel No. 910-130-026. SECTION 4. PASSED, APPROVED AND ADOPTED this 16th day of July, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS A:CZ16 7 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone Number of Proponent: 5. 6. Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: 7. Project Description: Environmental Impacts Connie Hill 27627 Jefferson Avenue Temecula, CA 92387 (71a,) 676-3531 June 18, 1991 CITY OF TEMECULA Chanqe of Zone No. 16 27628 Jefferson Avenue Temecula, California Chanqe of Zone from R-R (Rural Residential) to C-P-S (Scenic Hiqhway Commercial ) on 1 acre. ( 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? Substantial change in topography or ground surface relief features? The destruction, covering or modi- fication of any unique geologic or physical features? No X X X X A:CZ16 8 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, 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, includin9, but not limited to, temperature, dissolved oxygen or turbidity? Yes Maybe No X X X X X X X X X X X A:CZ16 9 Yes Maybe No 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 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? X X X X X X X X X X X A:CZ16 10 10. 11. 12. 13. Noise. Will the proposal result in: a. increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances ( including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes Maybe No X X X X X X X X X X X A:CZ16 11 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 1~,. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? __ __ X b. Police protection? __ __ X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? __ __ X f. Other governmental services: __ __ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? __ __ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? __ __ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? __ __ X A:CZ16 12 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:CZ16 13 Yes Maybe No 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? __ X X X X A:CZ16 14 I II. Discussion of Evaluation for Initial Environmental Study Item Change of Zone No. 16 1. through 21. No. The current proposal only involves a Change of Zonin9 classification from R-R to C-P-S. The proposed C-P-S zoning is consistent with the SWAP designation of C ( Commercial ). The fact that no project is proposed, only a consistent zonin9 reduces potential impacts. The uses allowed within the C-P-S zone are consistent with uses allowed within the R-R with a Conditional Use Permit. Therefore, no adverse impacts are anticipated at this time. A:CZ16 15 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X June 18, 1991 Date For CITY OF TEMECULA A:CZ16 16 CITY OF TEMECULA ~ // ./ ,/ *~, LOCATION MAP CASE NO. ~'Z/(:~ p.c. DATE 7-1,,c.4'/ CITY OF TEMECULA ~, 1/2 AC M|I~ C/ SWAP MAP CASE NO.CZ p.C. DATE CITY OF TEMECULA ) 077 C-P-S M -SC CZ 317~ R CZ 1954 CZ 4 133 C-P-S CZ 4070 ZONE MAP Mm CZ 915 r ~ CASE NO. C'Z/(=, p.C. DATE ITEM ~9 Case No.: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1991 Parcel Map No. 25059 Minor Change No. 1 Prepared By: Steve Jiannino Recommendation: Denial APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: BACKGROUND: Preferred Equities Development Group Anthony Polo Deletion of Conditions of Approval regarding traffic signal. South side of Ridge Park Drive east of Rancho California Road I-P ( Industrial Park) North: South: East: West: I-P ( Industrial Park) R-A-20 ( ResidentialAgricultural, 20 Acre Minimum Size Lot) R-A-20 ( ResidentialAgricultural, 20 Acre Minimum Size Lot) I-P, ( Industrial Park) Not requested. Vacant North: Office South: Vacant East: Vacant West: Vacant On January 15. 1991, the City Council approved Parcel Map No. 25059 and the associated Plot Plan No. 34. Both projects were conditloned for a traffic signal at the intersection of Rancho California Road and Ridge Park Drive. The applicant contends that the signal requirement is inappropriate for the Parcel Map due to the fact that the map does not cause a traffic impact. The development of the A: PM25059-MC 1 ANALYSIS: STAFF RECOMMENDATION: office building, Plot Plan No. 3LL is what will cause the traffic impact and result in the necessity for a traffic signal. The applicant is requesting deletion of Engineering Condition Numbers 37 through Li:3 for Parcel Map No. 25059 regarding a traffic signal at the intersection of Rancho California Road and Ridge Park Drive, including street striping According to Engineering Staff, it is a standard practice to require bonding and improvement plans when map recordation occurs. Since improvements are required with the parcel map, design and bonding for the improvements would be appropriate upon recordation of the map. With the establishment of three small parcels and one large parcel, the need for a bond is increased to guarantee that the required street and traffic improvements are constructed and installed in a timely manner. Staff is therefore recommending that the Planning Commission DENY Parcel Map No. 25059 Minor Change No. 1 in that the approved Conditions are appropriate and necessary for the Parcel Map along with the Plot Plan. SJ: ks Attachments: Conditions of Approval A: PM25059-MC 2 Mayor Ron Parks Mayor Pro Tern Karel F. Lindemans January 21. 1991 CITY OF TEMECULA P.O. Box 3000 Temecula, Califomia 92390 (714) 694-1989 FAX (714) 694-1999 RECEIVED FEB 0 1 1991 Aii'd ............ Councilmembers Patricia H. Birdsall Peg Moore J. Sal Mu~ioz Mr. John Head Preferred Equities 285q5 Felix Valdez, B-3 Temecula. AC 92390 SUBJECT: Final Conditions of Approval For Tentative Tract Map No. 25059 Dear John: On January 15, 1991, the City of Temecula City Council approved Tentative Tract Map No. 25059 subject to the enclosed Conditions of Approval. Tentative Tract Map No. 25059 is a proposed four Io,) lot subdivision of 5.51 acres located on Ridge Park Drive and known as Assessor's Parcel Nos. 9tI0-310-033, 03tl and 037. This approval is effective until January 15, 1993 unless extended in accordance with Ordinance 460, Section 8.4. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. If you have any further questions regarding this subject, please contact the Planning Department at {714) 694-6400. Gary Thornhill Planning Director OM/GT: ks CC: Engineering Department Fire Department Anthony Polo, Markham & Associates Case File PLANNING\L18q CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 25059 Project Description: Four (0,) Lot Industrial Subdivision Assessor~s Parcel No.: 90,0-310-033, 030, and 037 Plannin.q 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 January 15, 1993. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 0,60 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City- Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. STAFFRPT\PP30, PM25059 1 10. 11. 12. 13. 15. An Association shall be established for maintenance of Lot q. Open 5pace/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Property Owners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty 130 ) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 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 I-P I Industrial Park) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all 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 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. STAFFRPT\PP3q PM25059 2 16. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: (1) Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. STAFFR PT\PP3~I PM25059 3 17. If the project is to be phased. prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten I10) feet in vertical height shall be contour- graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as 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. STAFFRPT\PP3~ PM25059 ~ 18. 19. 20. 21. Prior to the issuance of BUILDINC PERMITS the following conditions shall be satisfied: Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to q5 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. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 25059, which action is brought within the time period provided STAFFRPT\PP3q PM25059 5 for in California Government Code Section 66q99.37. 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. 22. 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 66~62 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer~s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 23. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 25. The Covenants, Conditions and Restrictions I CCF, R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. 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. 26. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner~s group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded 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 CCF, R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence STAFFRPT\PP3~ PM25059 6 27. 28. 29. 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 12) 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 CCF, R~s. Within forty-eight (118) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars 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 71 i. 111 d ) 12 ) 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 111 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 711.111c). Engineerinq 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. 30. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 31. 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. 1160. STAFFRPT\PP3q PM25059 7 PRIOR TO RECORDATION OF THE FINAL MAP: 32. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department: Engineering Department; Riverside County Health Department; and CATV Franchise. CalTrans 33. 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 CCE, R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC~,R~s shall be reviewed and approved by the City and recorded. The CCE, R's shall be subject to the following conditions: a. The CCE, R's shall be prepared at the developer's sole cost and expense. The CCF, R~s shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CCE, R~s and Articles of incorporation of the Property Owner~s Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CCF, R~s shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The CCSR's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CCgR's shall provide that if the property is not maintained in the condition required by the CCE, R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CCF, R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. STAFFRPT\PP34 PM25059 8 Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. q61 and as approved by the City Engineer. 35. 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. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 36. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated lassuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION: 37. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 38. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. Based on the Traffic Study, these plans shall be designed to provide for 300' of left turn storage capacity on westbound Rancho California Road to southbound Ridge Park Drive. 39. Credit shall be given toward the developers signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. qO. The developer shall contribute q6 percentage for the construction costs of the signal at Rancho California Road and Ridge Park Drive. ql. The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rata share, for the signal at Rancho California Road and Ridge Park Drive. STAFFRPT\PP3~I PM25059 9 Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions and the approved traffic signal plan. 46. All traffic signal interconnects shall be installed per the approved plan. STAFFRPT\PP34 PM25059 10 ITEM #10 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNINC COMMISSION July 15, 1991 Case No.: Directional Sign Ordinance Prepared By: Oliver Mujica Recommendation: 1. ADOPT Resolution No. P.C. 91 - recommending adoption of the Directional Sign Ordinance. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: BACKGROUND: City of Temecula An Ordinance establishing regulations for the use of dlrectional signs. City Wide The purpose for preparing the proposed Directlonal Sign Ordinance is due to the inadequacy of the County Ordinance No. 348 as it relates to Directional Signs in which Section 19.6 Subdivision Signs { attached ) provides the following standards and requirements: No sign shall exceed 100 square feet in area. No sign shall be within 100 feet of any existing residence. No more than two such signs shall be permitted for each subdivision. The maximum period of time a sign may remain in place shall be two years. 5. No sign shall be artificially lighted. A:DIRECTIONAL SIGN D-5 1GN-A 1 DISCUSSION: An agreement, secured by a $100 cash bond, shall be executed with the City for each sign, assuring the removal of the sign within the allowed time period. The bond and agreement shall be filed with the Department of Building and Safety. in order to provide the City of Temecula with specific and complete standards for regulating directional signs, Staff has prepared the attached Ordinance which includes, in summary, the following main components: Signs shall be limited to not more than three (3) structures between street intersections. Sign structures shall be ladder type with individual sign panels of uniform design and color throughout the City limits. Sign structures shall not exceed 12 feet in height. The width of the sign structures and sign panels shall not exceed five (5') feet. 5. Sign panels shall not be illuminated. 6. The sign panel lettering for tract identification shall be uniform. The City Council may, by duly executed license agreement, grant to a qualified person the exclusive right to design, erect and maintain directional signs and kiosk signs within the entire City, or any designated portion thereof. Staff has also included the following provision for exemptions within Section 4 of the proposed Ordinance: "Not withstanding the provisions of this Ordinance, should any party believe that they would suffer a hardship if not permitted to install a directional sign, they may apply A:DIRECTIONAL SIGN D-S}GN-A 2 CONCLUSION: ENVIRONMENTAL DETERMINATION: FINDINGS: GENERAL PLAN AND SWAP CONSISTENCY: to the Planning Director for an exemption to this Ordinance. Such application for an exemption shall be reviewed by the Planning Commission for a recommendation to the City Council. Such exemption may be granted by the City Council only after due notice and public hearing thereon." As noted above, the proposed Directional Sign 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 organization; and control the overall quality and number of such signs. This Ordinance 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)(3). The proposed Directional Sign Ordinance is necessary to bring about eventual conformity with the City's future Land Use Plan. There is reasonable probability that the proposed Directional Sign 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 Directional Sign 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:D}RECTIONAL SIGN D-SIGN-A 3 STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. P.C. 91- recommending adoption of the Directional Sign Ordinance. OM: ks Attachments: Resolution "Draft" Ordinance Section 19.6 (Subdivision Signs) A:DJRECTIONAL SIGN D-S3GN-A LI. RESOLUTION NO. P.C. 91- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL ADOPT THE DIRECTIONAL SIGN ORDINANCE. WHEREAS, City Ordinance No. 90-04 adopted by reference certain portions of the non-codified Riverside County Ordinances, including Ordinance No. 348 ("Land Use Code"); and WHEREAS, such regulations do not contain provisions for the use of directional si9ns for off-site advertlsin9; and WHEREAS, the City of Temecula desires to regulate the use of dlrectional signs for off-site advertisin9 and to protect the health, quality of life, and the environment of the residents of Temecula; and WHEREAS, public hearin9 was conducted on July 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 1. That the Planni n9 Commission of the City of Temecu la hereby finds that the proposed Directional Sign Ordinance will provide for the establishment of regulations for the off-site directional signs in a fair and eCluitable manner, SECT ION 2. That the Planning Commission of the City of Temecula further finds that the proposed Directional Sign Ordinance is necessary to bring about eventual conformity with its land use plans. SECT ION 3. That the Planning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Directionat Sign Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Exhibit "A" and dated July 15, 1991 for identification. A:DIRECTIONAL SIGN D-S I GN-A 5 PASSED APPROVED AND ADOPTED this 15th day of July, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the following vote of the Commission AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS A:DIRECTIONAL SIGN D-SIGN-A ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF DIRECTIONAL SIGNS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. That the Temecula City Council hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The planning agency finds, in approving projects and taking other actions, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. A:SIGNORD 1 The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The City Council finds, in adopting land use regulations pursuant to this title, each of the following: (1) There is reasonable probability that Ordinance No. 91- will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. There is an unsightly and confusing proliferation of off- site directional signs, relating to new residential development projects, including new rental projects (hereinafter referred to as "development projects"), and other business. Development projects by their very nature are most frequently located in areas where streets and highways are newly constructed. Such thoroughfares are seldom shown on maps available to persons seeking to purchase new homes; and, consequently, developers use signs, to aid such persons in locating their subdivisions. The result is a proliferation of signs which are: (1) unsightly and damaging to the appearance of areas such as that which is the subject of this ordinance; (2) confusing to individuals; and, (3) unsafe in that drivers of motor vehicles while searching for subdivisions or signs giving direction thereto, are distracted from the operation of their vehicles. Directional signs are needed by developers to a greater degree than other businesses because development project sales are ordinarily conducted for a relatively limited period of time for any particular location, that is, only until all units in the subdivision are sold. Thus, listings in such conventional media as telephone yellow pages are impractical. While other media such as broadcast media and newspapers are available, and maps could be disseminated in only some of such media, the most efficient method of directing prospective purchasers to development projects is the use of directional signs posted at intersections and other critical locations. Businesses with more permanent sales locations do not share these problems and, thus, have less need of directional signs. A:SIGNORD 2 SECTION 2. This ordinance shall repeal Section 19.6 (Subdivision Signs) of Ordinance No. 90-04. SECTION 3. PURPOSE. The purpose of this ordinance is to provide a uniform, coordinated method of offering developers a means of providing directional signs to their projects, while minimizing confusion among prospective purchasers who wish to inspect development projects, while promoting traffic safety and reducing the visual blight of the present proliferation of signs. SECTION 4o AUTHORITY. This ordinance is adopted pursuant to the State Planning and Zoning law, Business and Professions Code, Section 52301 and Streets and Highways Code, Section 1460. SECTION 5. DEFINITIONS. For purposes of this Ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. When consistent with the context, words used in the present tense singular include the plural. (1) "City" shall mean the City of Temecula. (2) "Contractor" shall mean a person, persons, firm or corporation authorized by a license agreement to design, erect and maintain directional and kiosk signs within the City. (3) "Directional Sign" shall mean any off-site free standing, non-flashing sign which is designed, erected, and maintained to serve as a public convenience in directing pedestrian and vehicular traffic, but not used for the purpose of advertising uses and activities on site. (4) "Kiosk" shall mean a free standing, multiple sided, structure whose main purpose is to display signs or information. (5) "Off-Site Sign" shall mean any sign which is not located on the business or activity site it identifies. (6) "Person" shall mean an individual, firm, partnership, joint venture, association, corporation, estate, trust, syndicate, district or other political subdivision, or any other group acting as an independent unit. SECTION 6. REQUIREMENTS FOR DIRECTIONAL SIGNS AND KIOSK STRUCTURES. Notwithstanding any other provisions of this Section, directional signs shall be permitted in all zone classifications subject to the following limitations: (1) Directional signs shall not obstruct the use of sidewalks, walkways, bike or hiking trails; A:SIGNORD 3 shall not obstruct the visibility of vehicles, pedestrians or traffic control signs; shall, where feasible, be combined with advance street name signs; shall not be installed in the immediate vicinity of street intersection; and, shall be limited to not more than three (3) structures between street intersections. (2) Sign structures shall be ladder type with individual sign panels of uniform design and color throughout the City limits. (3) Sign structures shall not exceed 12 feet in height. (4) The width of sign structures and sign panels shall not exceed 5 feet. (5) Sign panels shall not be illuminated. (6) Sign structure installations shall include "break away" design features where required in right-of-way areas. (7) No signs, pennants, flags, other devices for visual attention or other appurtenances shall be placed on the directional signs. (8) The sign panel lettering identification shall be uniform. for tract (9) All signs erected on private property must have written consent from the property owner with the City to have a right to enter property to remove any signs not in conformance. (10) The City, and its officers and employees, shall be held free and harmless of all costs, claims, and damages levied against them. (11) All signs must have applicable Building and Safety and Planning Department permits. (12) Placement of signs must be in accordance with permit specifications. (13) All signs within a public right-of-way must have an encroachment permit. SECTION 7. DIRECTIONAL SIGNS PROHIBITED. Directional and kiosk signs, including travel direction signs, other than those on-site, are prohibited except as provided in this ordinance. A:SIGNORD 4 SECTION 8. AUTHORITYTO GRANT LICENSE. The City Council may, by duly executed license agreement, grant to a qualified person the exclusive right to design, erect and maintain directional and kiosk signs within the entire City, or any designated portion thereof. Licensees shall be selected by soliciting request for proposals. Notwithstanding the foregoing, any person erecting or placing directional signs or kiosk signs on- site shall not be required to obtain a license. SECTION 9. TERM. The term of each license shall be set forth in the license agreement. SECTION 10. DIRECTIONAL SIGNS STRUCTURES: OPERATION. Licensee(s) shall make directional sign panels available to all persons or entities selling subdivisions (hereinafter referred to as "Subdividers") on a first-come, first-service basis. No sign panels shall be granted to any subdivider for a period of excess of two years. However, a subdivider who is soliciting sales of more than two subdivisions within a single planned community or a specific plan area shall not be subject to the two-year limitation during such solicitation. Licensee(s) shall maintain a separate waiting list for each sign structure. Alternatively, a subdivider may apply to licensee for a sign panel program consisting of a single sign panel on each of a series of sign structures as needed to guide prospective purchasers to his subdivision. A subdivider whose time of use for a sign panel or sign space program has expired, may reapply and shall be placed on the waiting list in the same manner as a new applicant. SECTION 11. EXISTING SIGN PERMITS. No sign permit, use permit, or other permit authorizing placement of a directional sign issued on or before the date of adoption of this Ordinance by the City Council shall be invalidated hereby, but shall remain valid for the period for which it was issued. Any such permit issued after the date of adoption of this Ordinance by the City Council, which would not be permitted under this Ordinance shall be of no further force or effect after the effective date of this Ordinance. SECTION 12. 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 13. PENALTIES. It shall be unlawful for any person to violate any provision of this Ordinance. Any person violating any provision of this Ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. Any person so convicted shall be, (1) guilty of an infraction offense and punished bya fine not exceeding one hundred A:SIGNORD 5 dollars ($100) for a first violation; and, (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200) for a second infraction. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or six (6) months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation. SECTION 14. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 15. ENVIRONMENTAL COMPLIANCE. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061(b)(3). SECTION 16. 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. PASSED, APPROVEDANDADOPTED this 15th day of July, 1991. ATTEST: RONALD J. PARKS MAYOR JUNE S. GREEK CITY CLERK A:SIGNORD 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) 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:SIGNORD 8 Directional Signs - Directional Signs to advise patrons of location, distance or purpose shall be permitted on a parcel of land as follows: 1. The maxim~ height of such signs shall not exceed 3 feet. 2. The maximum surface area of such signs shall not exceed 6 square feet. On-site Identification Signs - On-site identification signs affixed to the surface of walls, windows, and doors of perFaanent structures, which do not exceed 4 inches in letter height and do not exceed 4 square feet in area are permitted in addition to any other sign permitted in this ordinance. SECTION 19.5. FOR SALE, LEASE OR RENT SIGNS. For sale, lease or rent signs shall be permitted to be placed in all zone classifications subject to the following regulations. 1. For one and two family residential uses - one sign not exceeoin~ 4 square feet in surface area and not more than 4 feet in height. 2. For multiple family residential uses - one sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than 8 feet in height. 3. For conmercial uses - one sign for each separate frontage on a street, each sign not to exceed 24 square feet in surface area and not more than 8 feet in height. 4. For industrial uses - one sign for each separate frontage on a street, each sign not to exceed 32 square feet in s~rface area an~ not more than 10 feet in height. 5. For agriculture uses - One sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than 8 feet in height. SECTION 19.6 SUBDIVISION SIGNS. On-site subdivision signs, advertising the original sale of a subdivision are permitted within the boundaries of a subdivision, upon approval of and subject 1. No sign 2. NO sign outside 3. a plot plan pursuant to Section 18.30 of this ordinance to the following minimum standards: shall exceed 100 square feet in area. shall be within IOD feet of any existing residence that is of the subdivision boundaries. No more than two such signs shall be permitted for each subdi vision. No sign shall be artificially lighted. Off-site subdivision signs advertising the original sale of a subdivision, shall be permitted in all zone classifications, except the C-P-S, N-A, and W-1 Zones, provided a conditional use permit is granted pursuant to the provisions of Section 18.28 of this ordinance, and subject to the following minim~ Standards: 1. No sign shall exceed 1DO square feet in area. 2. No sign shall be within IOD feet of any existing residence. 3. No more than two such signs shall be permitted for each su bali vi s i on. 4. lhe maximum period of time a sign may remain in place shall be tw~ yea rs. 5. No sign shall be artificially lighted. 6. An agreement, secured by a $10D cash bond, shall be executed with the County for each sign, assuring the removal of the sign within the allowed time period. The bond and agreement shall be filed with the Depar~ent of Building and Safety. Added: 09-13-73 (Ord. 348.1201) Amended Effective: 01-20-77 {Ord. 348.1540) 06-27-78 (Ord. 348.1658} 0g-25-80 (Ord. 348.1855) 07-16-85 {Ord. 348.2496) SECTION 19.7. IEMPDRARY POLITICAL SIGNS. For the purpose of this ordinance, a temporary political sign shall mean a sign, not other~ se permitted by this ordinance, which enCOurages a particular vote in a Scheduled election. Notwithstanding any Other provision Of this ordinance, temporary -political signs are permitted in all zoning classifications sjbject to the following limitations: 1. No such sign shall exceed 16 square feet in surface area. 2. No free-standing temporary political sign shall exceed 6 feet in height. 3. No lot shall contain temporary political signs having an aggregate surface area in excess of BO square feet. 4. No such sign shall be artificially lighted. 5. No such Sign shall be erected or placed more than 9~ days prior to the scheduled election to which it pertains. 6. All such signs shall be removed within 10 days after the scheduled election to w~ich they pertain. except that a Sign erected Or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final election. 7. No such sign shall be erected, placed or maintained upon any private property without the consent of the owner, lessee, or person in lawful possession of such property. 8. No temporary political sign shall be erected, placed, or maintained On any publicly owned tree or shrub or upon the improved portion of any street or highway right of way which is used for traffic or parking. 9. NO temporary political sign shall be erected, placed or maintained so that it does any of the following: (a} Mars, ~efaces, disfigures or damages any public building, structure or other property. (b)Endangers the safety of persons or property. 255 ITEM 111 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission ~ Oliver Mujica, Senior Planne July 15, 1991 Case No: Temporary Outdoor Activities On June 17, 1991, the Planning Commission considered the "Draft" Temporary Outdoor Activities Ordinance. At the conclusion of the public hearing, the Commission continued the item in order to allow Staff the opportunity to address the following issues: 1 ) fee levels; 2) activities the ordinance covers and does not cover; and 3) minimum criteria. On July 8, 1991, the City Attorney decided to continue this item to the Planning Commission Public Hearing date of August 5, 1991, in order to allow the City Attorney and Planning Staff the opportunity to refine the proposed Temporary Outdoor Activities Ordinance. It should be noted that since this item is recommended to be continued to a date specific, the readvertising of the Public Hearing is not required. RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission CONTINUE the Temporary Outdoor Activities Ordinance to their meeting of August 5, 1991. OM:ks A: OUTDOOR. ACT\MEM - 1