Loading...
HomeMy WebLinkAbout092192 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING September 21, 1992 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mire Loma DHve Temecula, CA 92390 CALL TO ORDER: Chairman Fahey ROLL CALL: Blair, Fahey, Hoagland, Ford, Chiniaeff PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda Minutes 2. 2.1 Approval of minutes of August 17, 1992 Planning Commission meeting. NON-PUBLIC HEARING ITEMS Case No.: Applicant: Location: Proposal: Planner: Recommendation: Development Code City of Temecula City Wide Informational Item John Meyer Appoint a representative from the Planning Commission Case No.: Applicant: Location: Proposal: Planner: Recommendation: Noise Ordinance City of Temecula City Wide Informational Item John Meyer Staff requesting direction from the Planning Commission PUBLIC HEARING 5. Case No.: Applicant: Location: Proposal: Planner: Recommendation: Case No,: Applicant: Location: Proposal: Planner: Recommendation: 6. Case No.: Applicant: Location: Proposal: Planner: Recommendation: Case No.: Applicant: Location: Proposal: Planner: Recommendation: Case No.: Applicant: Location: Plot Plan No. 245 Adams Advertising East Side of Winchester Road, approximately 1,200 feet north of the intersection of Nicholas Road and Winchester Road Erection of one V-Type outdoor advertising display Matthew Fagan Denial Plot Plan No. 246 Adams Advertising East Side of Winchester Road, approximately 1,850 feet north of the intersection of Nicholas Road and Winchester Road Erection of one V-Type outdoor advertising display Matthew Fagan Denial Specific Plan I (Campes Verdes) Change of Zone 5617 Environmental Impact Report No. 348 Bedford Development Company Southeast corner of Winchester and Margarita Roads Specific Plan proposing 206 single family, 644 multi-family, 23.9 acres of commercial, and a 13.5 acre park on 132.9 acres. Accompanying the Specific Plan is a Zone Change from R-R (Rural Residential) and A-2-20 (Heavy Agriculture, 20 acre minimum lot size) to SP (Specific Plan) and three tentative maps. Debbie Ubnoske Continue off Calendar Specific Plan 263 (Temacula Regional Center) Change of Zone 5589 Environmental Impact Report No. 340 Bedford Development Company Southeast corner of Winchester Road and Ynez Road Specific Plan proposing a 1,375,000 square foot commercial core, 298,000 square feet of retail, and 810,000 square feet of office, institutional, and mixed use residential on 201.3 acres. Accompanying the Specific Plan is a Zone Change from R-R (Rural Residential) and A-2-20 (Heavy Agriculture, 20 acre minimum lot size) to SP (Specific Plan). Debbie Ubnoske Continue off Calendar Specific Plan 255 (Winchester Hills) Environmental Impact Report No. 324 Change of Zone 5532 Bedford Development Company East side of Interstate 15, north of Winchester Road Proposal: Planner: Recommendation: Case No.: Applicant: Location: Proposal: Planner: Recommendation: Case No.: Applicant: Location: Proposal: Planner: Recommendation: Specific Plan proposing 1092 single family, 532 multi-family, 15.6 acres of commercial, 11.4 acres of commercial/office, 120.1 acres of business park, an 11.2 acre school site, and two neighborhood parks consisting of 16.8 acres and 6.1 acres. Accompanying the Specific Plan is a Zone Change from R-R (Rural Residential) and I-P (Industrial Park) to SP (Specific Plan) and five tentative maps. Dabble Ubnoske Continue off Calendar Tentative Parcel Map 25213 Vesting Tentative Tract Map 25214 Vesting Tentative Tract Map 25215 Bedford Development Company Southeast corner of Winchester and Margarita Roads Tentative Parcel Mal~ 25213 proposes the subdivision of 166.3 acres into 12 parcels and one remainder parcel in conformance to the land use plan for Specific Plan No. 1. Vesting Tentative Tract 25214 proposes the subdivision of 27.7 acres within Specific Plan No. I into 139 residential lots. Vesting Tentative Tract 25215 proposes the subdivision of 21.5 acres within Specific Plan No. 1 into 65 residential lots. Dabble Ubnoske Continue off Calendar Vesting Tentative Parcel Map 25321 Vesting Tentative Tract Map 25322 Vesting Tentative Tract Map 25323 Vesting TentatiVe Tract Map 24324 Vesting Tentative Parcel Map 25464 Bedford Development Company East of I-15, north of Winchester Road Vesting Tentative Parcel Map 25321 proposes the subdivision of 130 acres within Specific Plan No. 255 into 50 commercial/industrial parcels. Vesting Tentative Tract25322 proposes the subdivision of 91.5 acres within Specific Plan No. 255 into 402 residential lots. Vesting Tentative Tract 25323 proposed the subdivision of 152 acres within Specific Plan No. 255 into 437 residential lots, 1 school site and 1 park. Vesting Tentative Tract 25324 proposes the subdivision of 165.5 acres within Specific Plan No. 255 into 458 residential lots, 7 multi- family residential lots and 1 park. Vesting Tentative Parcel Map 25464 proposes the subdivision of 27 acres within Specific Plan No, 255 into 9 commercial/office parcels Debbie Ubnoske Continue off Calendar Case No.: Applicant: Location: Proposal: Planner: Recommendation: Public Use Permit No. 5 Newhope Lutheran Church Southeast corner of Santiago Road and Ynez Road A request for approval of a church including a multi-purpose worship center building and a Sunday School building on 2.93 acres. Saied Naaseh Approval Case No,: Applicant: Location: Proposal: Planner: Recommendation: Tentative Tract Map No. 25277 and Change of Zone No. 5724 Acacia Construction Southwesterly side of Pechanga Creek between Via Gilberto and easterly side of Temecula Creek Inn Golf Course A request to subdivide a 47.7 acre parcel into 96 single family lots and 5 open space lots and a zone change from R-R to R-1 Saied Naaseh Recommend Approval Next meeting: October 5, 1992, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. PLANNING DIRECTOR'S REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS ADJOURNMENT ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, AUGUST 17, 1992 A regular meeting of the City of Temecula Planning Commission was called to order Monday, August 17, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California, Chairman John E. Hoagland presiding. PRESENT: 5 ABSENT: 0 COMMISSIONERS: Blair, Chiniaeff, Fahey, Ford, Hoagland COMMISSIONERS: None Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. APPROVAL OF AGENDA Chairman Hoagland requested Item No. 6 be taken as the first item of business after approval of the agenda. It was moved by Commissioner Blair, seconded by Commissioner Fahey to approve the agenda with Item No. 6 as the next order of business. The motion was unanimously carried. NON-PUBLIC HEARING ITEM PlanninQ Commission Chairman and Vice Chairman Election Commissioner Ford nominated Dennis Chiniaeff as Chairman. Commissioner Blair nominated Linda Fahey as Chairman. Commissioner Chiniaeff withdrew his name from nomination and Commissioner Fahey's nomination as Chairman was unanimously approved as follows: PCMINB/17/92 -1- 919192 PLANNING COMMISSION MINUTES AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: AUGUST 17o 1992 Blair, Chiniaeff, Ford, Hoagland, Fahey None Commissioner Chiniaeff nominated Steve Ford as Vice Chairman. Commissioner Hoegland.nominated Billie Blair as Vice Chairman. The nomination of Billie Blair as Vice Chairman was approved as follows: AYES: 3 NOES: 2 COMMISSIONERS: Blair, Fahey, Hoagland COMMISSIONERS: Chiniaeff, Ford Commissioner Hoegland turned the gavel over to Chairman Fahey who presided over the remainder of the meeting. Minutes 2.1 It was moved by Commissioner Hoagland, seconded by Commissioner Ford, to approve the minutes of August 3, 1992 as mailed. The motion carried as 2.2 2.3 PCMINa/17~92 follows: AYES: 3 COMMISSIONERS: Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN: 2 COMMISSIONERS: Blair, Chiniaeff It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to approve the minutes of July 20, 1992 as mailed. The motion carried as follows: AYES: 4 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Fahey It was moved by Commissioner Blair, seconded by Commissioner Hoagland to approve the minutes of July 6, 1992 as mailed. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Fahey, Hoagland NOES: 0 COMMISSIONERS: None -2- 919/92 PLANNING COMMISSION MINUTES ABSTAIN: 2 COMMISSIONERS: PUBLIC HEARING Chiniaeff, Ford AUGUST 17, 1992 Variance No. 12 Proposal to erect two freestanding signs-one six foot high sign adjacent to Jefferson Avenue and one twenty-five foot high sign adjacent to Interstate 15 with copy for the Hungry Hunter and Jan Weilert R.V. on each sign. Matthew Fagan presented the staff report. Chairman Fahey opened the public hearing at 6:10 P.M. Larry Bradley, Sign Tech Electrical Advertising, representing the applicant, concurred with the staff report. It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to close the public hearing at 6:10 P.M. and adopt Resolution No. 92-(next) approving Variance No. 12 based on the analysis and findings contained in the staff report and subject to the Conditions of Approval. The motion was unanimously approved as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None Tentative Tract Map No. 25277 and ChanQe of Zone No. 5724 Proposal is a request to subdivide a 47.7 acre parcel into 96 single family lots and 5 open space lots and a zone change from R-R to R-1. Saied Naaseh advised that the item has been rescheduled to the meeting of September 21, 1992. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue Tentative Tract Map No. 25277 and Change of Zone No. 5724 to the meeting of September 21, 1992. The motion was unanimously approved. 5. Development Aclreernent No. 92-1 (DA 92-1 I, ChanQe of Zone No. 21 and Tentative PCMIN8/17/92 -3- 9/9/92 PLANNING COMMISSION MINUTES AUGUST 17, 1992 Parcel Mao No. 27314, Amendment No. 2 Proposal is a request to subdivide a 96.9 acre parcel into 4 parcels and a 48.4 acre remainder parcel, A Development Agreement to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential). Commissioner Blair stepped down due to a conflict of interest. Saied Naaseh presented the staff report. Roger D. Prend of Albert A. Webb Associates, 3788 McCray Street, Riverside, architect representing the applicant, stated that they are in concurrence with the staff report, however, commented on the severity of the five (5) year time limit and suggested some additional language allowing the Planning Commission or the City Council to use their judgement based on the amount of financial contribution or improvement to the property instead of a five year limit, in the event of financial difficulties. Mr. Prend added that the idea behind the development is to have a zone change and a conceptual site plan/parcel map to allow a developer to come in and finance a project and the development agreement is the guarantee for the right to do the development as it is being proposed. Commissioner Ford questioned whether the golf course is proposed to be public or private. Roger D. Prend stated that although it is proposed as private. the applicant would like not to restrict it at this time and give the developer that option. Chairman Fahey opened the public hearing at 6:30 P.M. John Telesio, 31760 Via Telesio, Temecula, stated that he is in support of the project, however requested clarification of the following: what is the meaning of senior housing, and that the school portion will remain zoned R-R. Mr. Telesio also expressed concern that the senior housing portion of this development is proposed adjacent to the high school which might present a problem due to noise and lighting from football and other school oriented events. Bob Pipher, 41825 Green Tree Road, Temecuta, expressed his concern that the area remain zoned R-R. Bob Kosslyn, representing Temecula Valley Unified School District, also expressed a reservation with the proposed senior project adjacent to the high school which may generate noise and light pollution during school events. Mr. Kosslyn requested that a disclaimer be presented in any purchase or rental agreement. PCMINBI17~92 -4- 919192 PLANNING COMMISSION MINUTES AUGUST 17, 1992 Commissioner Ford expressed the following concerns: Is there adequate parking for a public golf course? A reciprocal access agreement is in place until the future plans for the school are completed. What is the definition of a completed golf course as referenced in the development agreement? Commissioner Ford expressed these concerns regarding the development agreement: Page 18, 16.1 The number of units proposed in the development agreement is not concurrent with that stated in the market report, clarify the request. * Page 22, 18(E) Correct to read Pauba and Rancho Vista Road. Page 23, 19(C) States that the grading must all be at one time and asked if the developer been conditioned for immediate adherence to an erosion control condition. Page 24, 21 (A) Suggest that instead of "developer" should read "owner" or "successor". · Page 26, (31) Request staff to clarify the reference to specimen trees. Page 26, (36) should read "entrance gates". Page 26, (42) should include a requirement for clearances from the Army Corp of Engineers, Fish and Game, and Fish and Wildlife. Page 29, review and clarification of access points. Commissioner Chiniaeff stated that conceptually the project appears to be good for the community, however, he felt that the Commission was being asked to make environmental findings that the Commission is not able to make regarding the following matters: grading impacts and erosion control number of units planned public vs. private golf course traffic impacts impacts of dividing parcel 2 whose property line is on the lake traffic impacts impact of the stadium adjacent to the project and the proposed mitigation a general plan presumption that this area will be zoned high density Commissioner Chiniaeff also expressed these concerns regarding the development agreement: PCMINa/17/92 -5- 919192 PLANNING COMMISSION MINUTES # AUGUST 17, 1992 requested clarification of Page 3, M-2 and M-3. reference to the potential for amendment and interpretations; suggest outlining what cannot be amended. makes reference to maximum building heights and sizes of proposed buildings, however, the Commission has not been provided that information, Commissioner Chiniaeff concluded that he feels that the request was premature based on the information provided to the Commission to make a recommendation. Commissioner Hoegland stated that he concurred that the project appeared good conceptually, however, this is a major development and requires a major development review. Commissioner Hoagland expressed concern regarding the following: what the impacts to the project and the surrounding residents would be if the school relocates the gym and other facilities as stated. # buffering of the school and the project with respect to noise, lighting, etc. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to continue off-calendar, Development Agreement No. 92-1 (DA 92-1 ), Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 to allow the developer to work with staff on some of the specific items discussed. Commissioner Ford added that the specifications of the senior center should be included in the development agreement. The motion was unanimously approved as follows: AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: PLANNING DIRECTOR REPORT Gary Thornhill reported the following: Blair, Chiniaeff, Ford, Hoagland, Fahey None PCMINa/17/92 -6- 919192 Temporary Sign Ordinance will come back to the Commission in three weeks. Staff has been authorized to enforce removal of signs in public right-of-way and Final technical sub-committee meeting scheduled for Tuesday, August 18th, on Growth Management. Also planning a Town Hall meeting for August 27th and a joint City Council/Planning Commission meeting for September 3rd. Anticipate going to public hearing with the General Plan the third week of October. PLANNING COMMISSION MINUTES vehicle mounted signs. PLANNING COMMISSION REPORT None OTHER BUSINESS None ADJOURNMENT The next regular meeting of the City of Temecula Planning Commission will be held on Monday, September 14, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula. AUGUST 17, 1992 Chairman Linda Fahey Secretary PCMIN8/17/92 -7- 9~9~92 ITEM #3 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission John Meyer, Senior Planner September 21, 1992 Development Code Advisory Committee RECOMMENDATION: It is requested that the City Council: APPOINT a representative from the Planning Commission to the Development Code Advisory Committee. DISCUSSION: As part of the work program for the General Plan, The Planning Center has begun work on the City's Development Code (zoning ordinance). The City Council has appointed members to an Advisory Committee to review and provide direction on the Development Code. The purpose of the advisory committee is to provide input on the procedures, standards and regulations contained within the proposed code. Staff feels the advisory committee will play an important role in assuring the Code is easy to use, implements the goals and policies of the General Plan, and protects the community's public health, safety and welfare. The advisory committee will include an appointee by each Councilmember, as well as a representative from the Council and Commission. Planning Department Staff and the City Attorney will also serve on the Committee. Therefore, Staff requests the Commission to appoint one of it's members to the committee. The work program includes four Development Code Advisory Committee Meetings over the next four months. A copy of the work program has been attached for the Commission's review. vgw Attachment: 1. Development Code Schedule - blue page 2 ATTACHMENT NO. 1 DEVELOPMENT CODE SCHEDULE ITEM #4 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission John Meyer, Senior Planner September 21, 1992 Draft Ordinance RECOMMENDATION: Staff is requesting direction from the Planning Commission regarding the Draft Noise Ordinance. BACKGROUND In response to concerns originating last summer, Willdan was asked to develop a Draft Noise Ordinance to mitigate impacts resulting from excessive noise. The draft ordinance was reviewed by all the City Departments and comments were forwarded to the Planning Department. Comments were also received from the City Attorney, Sheriffs Department and from Temecula Fire Services. The consensus amongst City Staff was that the Ordinance was excessive in its regulation, which would require resources beyond current staffing implement. The Draft Ordinance has been attached for the Commission's review and comment. DISCUSSION Staff could not support the Noise Ordinance as it is currently written. Staff's position is that provisions to mitigate excessive noise should be included in the City's Development Code (Zoning Ordinance). Because work on the Code has begun, there is no need to develop a separate ordinance at this time. The Development Code can set standards based on interior and exterior noise levels for residential uses and performance criteria for noise impacts for non-residential uses. CONCLUSION Staff requests the Commission review the attached Draft Noise Ordinance. If the Commission concurs with staff, then this item will be tabled, and the noise issue will be addressed in the City's Development Code. If the Commission believes the Draft Ordinance has merit, staff will clean up the document and present it to the City's Public Safety Commission to receive input, prior to scheduling a Public Hearing before the Planning Commission. vgw Attachment: 1. Draft Noise Ordinance - blue page 3 2. Letter from the City Attorney - blue page 4 ATTACHMENT NO. 1 DRAFT NOISE ORDINANCE DRAFT ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO NOISE REGULATIONS AND ESTABLISHING REGULATIONS FOR THE CONTROL OF NOISES WITHIN THE CITY. 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 not 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:ANTENNA.ORD 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. (c) The City Council further finds the following: (1) Inadequately controlled noise presents a growing danger to the health and welfare of the residents of the City; and (2) The making and creating of disturbing, excessive, offensive or unusually loud noises within the jurisdictional limits of the City is a condition which has persisted and the level and frequency of occurrence of such noises continue to increase; and (3) The making, creation or continuance of such excessive noises which are prolonged or unusual in their time, place, and use effect and are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the City; and (4) Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, and enjoyment of property; and (5) The necessity in the public interest for the provisions and prohibitions contained in this chapter and enacted is declared to be a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions contained and enacted are in the pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace and quite of the City and its inhabitants. SECTION 2. Chapter 8 is hereby added to the Temecula Municipal Code, which shall read as follows: A:ANTENNA.ORD CHAPTER 8 NOISE PURPOSE. The purpose of this ordinance is to set forth the standards for the control of noises within all land-use zones of the City. The purpose of these regulations is to ensure that the noise standards are consistent with the health, safety, and aesthetic objectives of the City. DEFINITIONS. For purposes of this ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then consistent with the context, words used in the present tense singular include the plural. (a) (b) (c) (d) (el (f) (g) (hi (i) Aoricultural Property shall mean a parcel of real property which is undeveloped for any use other than agricultural purposes. Ambient Noise Level shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. A-Weiqhted Sound Level shall mean the total sound level meter with a reference pressure of 20 micro-pascal using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as dBA. Code Enforcement Officer shall mean the Code Enforcement Officer of the City or his duly authorized deputy. Commercial Prooerty shall mean a parcel of real property which is developed and used as either in or part or in whole for commercial purposes. Cumulative Period shall mean an additive period of time composed of individual time segments which may be continuous or interrupted. Decibel (dB) shall mean a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. Dwellina Unit shall mean a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. Emerqencv Machinery. Vehicle, Work. or Alarm shall mean any machinery, vehicle. work or alarm used, employed, performed or operated in an effort to protect, provide or restore safety conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. A:ANTENNA.ORD (k) (I) (m) (n) (o) (P) (q) (r) (s) (t) (u) (V) Fixed Noise Source shall mean a stationary device which crates sounds while fixed or motionless including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditionere and refrigeration equipment. Gradino shall mean any excavating of filling of earth material or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. Hertz (Hz) shall mean the unit which describes the frequency of a function periodic in time which is the reciprocal of the period. Health Care Institution shall mean any hospital, convalescent home or other similar facility excluding residential. Impulsive Noise shall mean a noise of short duration usually less than 1 'second and of high intensity, with an abrupt onset and rapid decay. Industrial Property shall mean a parcel of real property which is developed and used either in part or in whole for manufacturing purposes. Intrudinc~ Noise Level shall mean the total sound level, in decibels, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation. LicenSed shall mean the issuance of a formal license or permit by the appropriate jurisdictional authority, or where no permits or licenses are issues, the sanctioning of the activity by the jurisdiction as noted in public record. MajOr Roadway shall mean any street, avenue, boulevard, or highway used for motor vehicle traffic which is owned or controlled by a public government entity. Mobile Noise Source shall mean any noise source other than a fixed noise source. PerSOn shall mean any natural person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature. Person of Normal Hearino Sensitivity shall mean a person who has a hearing threshold level of between zero (0) decibels and twenty-five (25) decibels HL averaged over the frequencies 500, 1,000 and 2,000 hertz. Residential Property shall mean a parcel of real property which is developed and used either in part or in whole for residential purposed, other than transient used such as hotels and motels, and residential care facilities. A:ANTENNA.ORD (W) Simole Tone Noise shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. If measures, Simple Tone Noise shall exist if the one-third octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two continuous one-third octave bands as follows: 5 dB for frequencies of 500 Hertz (Hz) and above or; by 15 dB for frequencies less than equal to 125 Hz. (x) Sound Level Meter shall mean an instrument meeting American National Standard Institute's Standard S1.4-1971 or most recent revision thereof for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (y) Sound Pressure Level of a sound, in decibels, shall mean 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure which shall be explicitly stated. (z) Vibration shall mean any movement of the earth, ground or other similar surface created by a temporal and spatial oscillation devise or equipment located upon, affixed in conjunction with that surface. DECIBEL MEASUREMENT CRITERIA. Any decibel measurement made pursuant to the provisions of this Chapter shall be based on a reference sound pressure of 20 micro-pascal as measured with a sound level meter using the A-weighted network (scale) at slow response. DESIGNATED NOISE ZONES. The properties hereinafter described are hereby assigned to the following noise zones: Noise Zone I - All residential properties. Noise Zone II - All commercial properties. Noise Zone III - All manufacturing or industrial properties. EXTERIOR NOISE STANDARDS. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone: NOISE ALLOWABLE EXTERIOR NOISE LEVEL ZONE TYPE OF LAND USE 7 a.m. to 10 p.m. 10 p.m. 7 a.m. I Residential 55dBA 50dBA II Commercial 65dBA 60dBA III Industrial or manufacturing 70dBA 70dBA Each of the noise limits specified here shall be reduced by 5 dBA for impulse or simple tone noises, or for noises consisting of speech or music provided, however, that if the ambient noise level exceeds the resulting standard, the ambient shall be standard, A:ANTENNA.ORD It shall be unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed: (1) The noise standard for a cumulative period of more than 30 minutes in any hour; or (2) The noise standard plus 5 dBA for a cumulative period of more than 15 minutes in any hour; or (3) The noise standard plus 10 dBA for a cumulative period of more than 5 minutes in any hour; or (4) The noise standard plus 15 dBA for a cumulative period of more than 1 minute in any hour; or (5) The noise standard plus 20 dBA for any period of time. In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level, In the event the ambient noise level exceeds the fifth noise category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. If the intruding noise source is continuous and cannot be reasonable discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement Iocation's designated land use and for the time of the day the noise level is measured. (1) The reasonableness of teml~orarily discontinuing the noise generation by an intruding noise source shall be determined by the Code Enforcement officer or his duly authorized deputy for the purpose of establishing the existing ambient noise level at the measurement location. INTERIOR NOISE STANDARDS. The following noise, standard, unless otherwise specifically indicated, shall apply to all residential property within all noise zones: NOISE ZONE TYPE OF LAND USE ALLOWABLE INTERIOR NOISE LEVEL AT ANY TIME I Residential 45 dBA A:ANTENNA,ORD The noise limit specified above shall be reduced by 5 dBA for impulse or simple tone noises or for noises consisting of speech or music provided, however, if the ambient noise level exceeds the resulting standard, the ambient shall be the standard. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured within any other residential dwelling unit in any noise zone to exceed: (1) The noise standard for cumulative period of more than 5 minutes in any hour; or (2) The noise standard plus 5 dBA for a cumulative period of more than I minute in any hour; or (3) The noise standard plus 10 dBA for any period of time. In the event the ambient noise level exceeds any of the first two noise limit categories above, the noise standard applicable to said category shall be increased to reflect the maximum ambient noise level. If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. If the intruding noise source is continuous and cannot reasonable be discontinued or stopped for a time period whereby the ambient noise level can be determined; the sam procedures specified in Section 5(e), shall be deemed proper to enforce the provisions of this section. SPECIAL PROVISIONS. The following activities shall be exempted from the provisions of this chapter: (a) Activities conducted on public parks, public amphitheaters, public playgrounds and public or private school grounds including school athletic and school entertainment events that are conducted under the sanction of the school or which a license or permit has been duly issued pursuant to any provision of the city code. (b) Outdoor gatherings, public dances, show, sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events. Such permits and licenses may restrict noise. A:ANTENNA.ORD (c) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provide the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes in any hour of its being activated. (d) Noise sources associated with or vibration created by construction, repair remodeling or grading of any real property or during authorized seismic surveys, provided said activities do not take place between the hours of 8 p.m. and 7 a.m. on weekdays including Saturday, or at any time on Sunday or a Federal holiday, and provided the noise standard of 65 dBA plus the limits specified in Section 5(b) as measured on residential property and any vibration created does not endanger the public health, welfare and safety or which a license or permit has been duly issued pursuant to any provision of the city code. (e) All mechanical devices or equipment associated with agriculture operations provided that: (1) Operations do not take place between 8 p.m. and 7 a.m. on weekdays, including Saturday, or at any time Sunday or a Federal holiday; or (2) Such operations and equipment are utilized for the protection of salvage of agricultural crops during periods or actual frost damage or other adverse weather conditions; or (3) Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture. (f) Noise sources associated with the maintenance of real property, provided said activities take place between the hours 7 a.m. to 8 p.m. on any day except Sunday, or between the hours of 9 a.m. and 8 p.m. on Sunday. (g) Any activity to the extent regulation thereof has been preempted by State or Federal law. NOTE: Preemption may include motor vehicle, aircraft in flight, and railroad noise regulations. SCHOOLS, CHURCHES, LIBRARIES AND HEALTH CARE INSTITUTIONS - SPECIAL PROVISIONS. It shall be deemed unlawful for any person to create any noise which causes the noise level at any school, hospital or similar health care institution, church, or library while the same is in use, to exceed the noise standards specified in Section 5 prescribed for the assigned noise zone level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in a hospital, convalescent home or other similar health care institutions, provided conspicuous signs are displayed in three separate locations within I/10-mile of the institution or facility indicating a quiet zone. A:ANTENNA. ORD RADIOS AND TAPE PLAYERS ON PUBLICLY OWNED PROPERTY. Notwithstanding any other provision of this Code and in addition thereto, it is unlawful for any person to permit or cause any noise, sound, music or program to be emitted from any radio, tape player, tape recorder, record player or television outdoors on or in any publicly owned property, park or place when such noise, sound, music or program is audible to a person of normal hearing sensitivity one hundred feet from said radio, tape player, tape recorder, record player or television. (a) Notwithstanding any other provision of this Code, any person violating this Section shall be guilty of an infraction and upon conviction thereof, is punishable by a fine not exceeding fifty dollars, for a first violation; a fine not exceeding one hundred dollars for a second violation of this Section within one year; a fine not exceeding two hundred fifty dollars for each additional violation of this Section within one year. A person who violates the provisions of this Section shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues or is repeated. (b) Notwithstanding any other provision of this code, no citation or notice to appear shall be issued or criminal complaint shall be filed for a violation of this Section unless the offending party is given a verbal or written notification of violation by any peace officer, public officer, park ranger or other person charged with enforcing this Section and the offending party given an opportunity to correct said violation. (c) This Section shall not apply to broadcasting from any aircraft, vehicle or stationary sound amplifying equipment or to the use of radios, tape players, tape recorders, record players or televisions in the course of an assembly or festival for which a license has been issued or a parade for which a permit has been issued pursuant to or any other activity, assembly or function for which a permit or license has been duly issued pursuant to any provision of the city Code. NOISE LEVEL MEASUREMENT. The location selected for measuring exterior noise levels shall be made within the affected residential unit. The measurement shall be made at a point at least 4 feet from the wall. ceiling or floor nearest the noise source with windows in an open position. VIBRATION. Notwithstanding other sections of this chapter, it shall be unlawful for an y person to create, maintain or cause any ground vibration which is perceptible without instruments at any point on any affected property adjoining the property on which the vibration source is located. For the purpose of this Ordinance, the perception threshold shall be presumed to be more than 0.05 inches per second RMS vertical velocity. PROPOSED DEVELOPMENTS. Each Department whose duty is to review and approve new projects or changes to existing projects that result in the creation of noise shall consult with the Code Enforcement Officer prior to any such approval. If at any time the Code Enforcement Officer has reason to believe that a standard, regulation, action, proposed standard, regulation, or action of any Department respecting noise does not conform to the A:ANTENNA.ORD provisions as specified in this Ordinance, the Code Enforcement Officer may request such Department to consult with him on the advisability of revising such standard or regulation to obtain uniformity. SECTION 4. 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 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 6. 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 7. 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, APPROVED AND ADOPTED this __day of ,1991. ATTEST: RONALDJ. PARKS MAYOR JUNE S. GREEK CITY CLERK A:ANTENNA.ORD STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss. I, June S, Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No, 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:ANTENNA.ORD ATTACHMENT NO. 2 LETTER FROM THE CITY ATTORNEY BURICE, v~TILLIAlVIS ~ SORENSEN LOS ANGELES OFFICE WEST SIXTH STREET. SUITE April 20, 1992 Mr. John Meyers Associate Planner Planning Department City of Temecula 43174 Business Park Drive Temecula, California 92590 Re: Proposed City Noise Ordinance Dear John: I have reviewed the provisions of the proposed City Noise Ordinance submitted to our office. For purposes of clarification, the following specific comments correspond to the particular paragraph(s) or subparagraph(s) of that draft Noise Ordinance: DEFINITIONS. (b) The term "alleged offensive noise" is vague and legally conclusionary with respect to defining the term ambient noise level. This definition should be objective and concise. (p) Again, the term "alleged offensive source" should be deleted and reworded in a more objective defining manner. (q) It is confusing as to the reason why the term "licensed" is contained in this Ordinance. There appears to be no provisions within this Ordinance which require a license to be issued by the City; therefore, this definition appears to be unnecessary. (x) The last line of the definition for the term sound pressure level, "which shall be explicitly stated" is confusing; i.e., it is not clear what reference is being made to, what should be explicitly stated. Mr. John Meyers Associate Planner April 20, 1992 Page 2 Exterior Noise Standards. The last full paragraph at the end of this section identifies the term "reasonable" or "reasonableness" of intruding noise. Using such a standard is vague and leaves too much discretion to the City Code Enforcement Officer to determine exactly what a reasonable level of noise is before it is considered to be an intruding noise source. Interior Noise Standards. The last three paragraphs of this section reference measurement locations between different noise zones. It is unclear when one would have the situation where an interior noise is measured on a boundary between two different noise zones. Also, the term "reasonable" is referenced with respect to interior noise standards and, as already stated hereinabove, is a vague measure to determine if a noise is an intruding noise source. Special Provisions (b) The term "occasional" is vague and ambiguous and leaves too much discretion with City enforcing authorities. (c) The provisions of this subsection mandate that any emergency alarm must terminate within 30 minutes in any hour of its being activated. If this is the case, it would appear that an ambulance with full sirens would have to terminate those emergency sirens after 30 minutes of operation. (f) The language contained in this subsection is vague and ambiguous. Schools, Churches, Libraries. Health Care Institutions - Special Provisions The term "unreasonably disturbs or annoys patients in a hospital, convalescent home or other similar health care institutions" is vague and ambiguous and fails to give sufficient notice that an individual may be violating the provisions of this Ordinance. Mr. John Meyers Associate Planner April 20, 1992 Page 3 Radios. Tape Players on Publiciv Owned Property (b) It appears that the provisions under the language contained herein does not belong in this subsection. Although the foregoing constitutes specific concerns regarding the provisions of the proposed Noise Ordinance, I have general concerns as to the viability of the ordinance as it is currently drafted. For example, I am inclined to believe that the technical terms and specific noise standards would be very difficult for the average layperson to understand. It is certainly possible that an individual may violate the provisions of this ordinance without actually being aware that such a violation has been committed. Moreover, some of the standards contained in the ordinance are vague, ambiguous, and authorize too much discretion to City officials to determine whether a violation exists. Such vague language fails to give individuals the required notice and specificity for any illegal conduct. Finally, enforcement of the provisions of this ordinance would most likely be costly and time consuming for the City. For example, since the provisions of the ordinance purport to define violations in terms of an excess ambient noise level, any such purported violation would have to be measured by the appropriate equipment to determine the "offensive noise source". Such violations could only be determined at the time the offensive noise is emitted and the measurement must be done at that time. Consequently, City Code Enforcement Officer(s) would need to be dispatched each time an alleged violation exists from a complaining party. Please review the aforementioned comments and concerns regarding this proposed ordinance and contact me at your earliest convenience. Enclosure cc: David F. Dixon, City Manager (w/o enc. ) Mr. John Meyers Associate Planner April 20, 1992 Page 4 Gary Thornhill, Scott F. Field, TEIq/11108988. LTR Planning Director (w/enc.y City Attorney (w/o enc.) ITEM #5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 21, 1992 Caee No.: Plot Plan No. 245, Amendment No. I and Plot Plan No. 246, Amendment No. 1 Prepared By: Matthew Fagan RECOMMENDATION: ADOPT Resolution No. 92- denying Plot Plan No. 245, Amendment No. I and Plot Plan No. 246, Amendment No. 1 based upon the Analysis and Findings contained in the staff report. APPLICATION INFORMATION APPLICANT: Adams Advertising, Inc. REPRESENTATIVE: Same PROPOSAL: To erect two (2) V-type Outdoor Advertising Displays. LOCATION: East side of Winchester Road approximately 1,200 and 1,850 feet north of the intersection of Nicholas Road and Winchester Road. EXISTING ZONING: M-SC (Manufacturing-Service Commercial) SURROUNDING ZONING: North: South: East: West: R-2 (Restricted Single-Family Subdivisions) SP 164 (RGripaugh Estates) SP 213 (Winchester Properties) R-R (Rural Residential) Residential PROPOSED ZONING: Not requested EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Single-Family Residences/Vacant Vacant (SP 164 - Commercial) Vacant (SP 213 - Residential) Single-Family Residences/Vacant S%STAFFRPT~245-246.PP PROJECT STATISTICS Billboard No. I (Plot Plan No. 245): Height: 35 feet Height from Roadway Grade: 25 feet Size of Sign: 297 square feet Billboard No. 2 (Plot Plan No. 246): Height: 35 feet Height from Roadway Grade: 25 feet Size of Sign: 297 square feet BACKGROUND The City of Temeculs has adopted a number of Ordinances regarding Outdoor Advertising Displays. Following is a chronology of Ordinances regulating Outdoor Advertising Displays: Ordinance No. 90-08: Adopted on April 24, 1990 and expired on June 8, 1990. Ordinance No. 90-08 was an urgency ordinance adopting an interim zoning ordinance pertaining to regulations for Outdoor Advertising Displays. Section 3 (a) stated: "Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Display is hereby prohibited and no application for sign location plan, plot plan or other applicable discretionary entitlement for an Outdoor Advertising Display shall be accepted, acted upon, or approved." Ordinance No. 90-09: Adopted on June 5, 1990 and expired on April 24, 1991. Ordinance No. 90-09 was an urgency ordinance which extended interim Ordinance NO. 90-08. Ordinance No. 91-17: Adopted on April 23, 1991 and expired on April 23, 1992. Ordinance No. 91-17 was an urgency ordinance which further extended interim Ordinance No. 90-08. Ordinance No. 92-06: Adopted on April 28, 1992 and will expire on April 28, 1993. Ordinance No, 92-06 is a resolution pertaining to sign regulations and establishes regulations for the use of Outdoor Advertising Displays. Section 4.A. of Ordinance No. 92-06 contains a hardship provision which would permit commercial off-premises signs, provided that a finding of hardship is made by the Planning Commission. Following a noticed public hearing, a commercial off-premises sign may be approved subject to compliance with the provisions of Riverside County Ordinance No, 348, Article XIX (Advertising Regulations). Ordinance No. 92-07: Adopted concurrently with Ordinance No. 92-06 as an urgency ordinance. ADOlicant's Submittal to the County of Riverside Plannino Department Two (2) applications for Outdoor Advertising Displays were originally submitted to the County of Riverside Planning Department on February 22, 1990. According to a chronology prepared by the applicant (reference Attachment No. 3), there was confusion involved in processing these applications through the County of Riverside Planning Department. Based on the applicant's chronology, approval from the County of Riverside Planning Department was received on three separate occasions. Subsequently, they were finally informed by Riverside County that their project was within the City of Temecula and therefore, no permits could be issued. The applicant's request for a "hardship exemption" is based on the processing time at Riverside County. The applicant feels that if their applications were processed in a timely manner through Riverside County, then they would have had their approval/permits prior to the City of Temecula moratorium on Outdoor Advertising Displays. Attachment No. 4, dated May 7, 1990, are the County of Riverside notices that the signs were to be considered by the County of Riverside Planning Department. Attachment No. 5, dated May 31,1990, are denial letters by the County of Riverside Planning Department for the proposed displays. Although the denial letters are not signed, the date on the denial letters indicates that the projects were being processed by Riverside County after the moratorium was established in the City of Temecula. City Staff requested either an approval letter or approved exhibits from the applicant, however none of the requested items could be provided. Submittal to the City of Temecula Plot Plans No. 245 and 246 were submitted to the City of Temecula Planning Department on July 15, 1992. The applicant has submitted these Plot Plans pursuant to Section 4.A. of Ordinance No. 90-06 (the hardship clause contained within Ordinance No. 92-06). Staff conducted a preliminary review of the submittal and informed the applicant that the necessary findings could not be made for their hardship request. The applicant was also informed that if the Plot Plan applications were pursued, Staff could not support a recommendation of approval. This information plus comments relative to amendments to the submittal were conveyed in a letter dated August 5, 1992. The applicant chose to pursue the applications and re-submitted amended site plans on August 14, 1992. Staff reviewed the re-submittals and determined that the projects were complete. PROJECT DESCRIPTION Plot Plan No. 245 is a proposal to erect a V-type Outdoor Advertising Display on the east side of Winchester Road, approximately 1,200 feet north of the intersection of Nicholas Road and Winchester Road. Plot Plan No. 246 is a proposal to erect a V-type Outdoor Advertising Display on the east side of Winchester Road, approximately 1,850 feet north of the intersection of Nicholas Road and Winchester Road. Total height of each Outdoor Advertising Display shall be thirty-five (35) feet, however from the roadway grade, the signs shall be twenty-five (25) feet in height. The distance between the two signs is approximately 640 feet. The separation of the display faces on the V-type signs is twenty-five (25) feet. ANALYSIS ADDrOVal PrOCedures The Riverside County Planning Department processed applications for the City of Temecula until July, 1990. All projects which were processed by the County of Riverside Planning Department were ultimately placed on the agendas of the City of Temecula City Council. According to Ordinance No; 89-13, notice of all decisions of l~he County Planning Director and the County Planning Commission were to be filed with the Clerk of the City Council within fifteen (15) days after the decision. No notice of decision for those two plot plans was received by the City of Temecula City Clerk, and the Outdoor Advertising Display applications were never received for action by the City of Temecula City Council. A hardship was not incurred since there is no official approval by the County of Riverside Planning Director (reference Attachment No. 4, letter to Mr. David Dixon dated September 12, 1990, which states: "Due to the series of circumstances enumerated above, the sign applications would not be approved"). In the event that the projects were approved by Riverside County, the above mentioned procedure would have to be followed. Since the procedure was not followed, the City Council would not have the opportunity to act on the Riverside County Planning Director's decision if they had chosen to do so. City Council Denial of Other Outdoor Advertising Disolay Aoolicetions The City Council previously denied two appeals for Outdoor Advertising Displays. Both were denied during the review period for the applicant's Outdoor Advertising Displays by the Riverside County Planning Department. Plot Plan No. 1170 was denied on February 27, 1990 and Plot Plan No. 1168 was denied on March 13, 1990. Findings to support both denials included aesthetic concerns of the proposed signage, and inconsistency and incompatibility with present and future development of the surrounding property. Both of the applications were denied prior to the moratorium on Outdoor Advertising Displays which went into effect on April 24, 1990. Inconsistency with Draft Future General Plan The proposals to locate two (2) V-type Outdoor Advertising Displays on the east side of Winchester Road, (one display approximately 1,200 feet north of the intersection of Winchester and Nicholas Roads and the other approximately 1,850 feet north of this intersection) are likely to be inconsistent with the City's future General Plan for the following reasons: The Draft Preferred Land Use Plan designation for the subject project site is Medium Density Residential. If the Draft Preferred Land Use Plan is ultimately adopted, then the proposed Outdoor Advertising Displays would be inconsistent with the residential designation for the site. Residential uses exist to the west of the project site and are proposed to the northeast and the east. The Outdoor Advertising Displays would not be compatible with these residential uses. Section E of the Land Use Element of the Draft General Plan states: "Residents want adequate buffering from non-residential uses in terms of light, noise, traffic impacts and neoative visual imDaCtS." S\STAFFP~'P, 245-246.FT' 4 Section B of the Community Design Element of the Draft General Plan identified the northern portion of the City along Winchester Road as a "gateway" to the City. It is further elaborated in Section E: "The primary entrances or "gateways" to the City should be clearly defined through monumentation, signage and extensive landscape design features". The intent of Section E will not be met if Outdoor Advertising Displays are erected in this area, Policy 1.4 of the Lend Use Element is to "Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development." The proposed project is inconsistent with the Draft Preferred Plan, the Land Use Element and the Community Design Element, due to its impact upon the surrounding development and the fact that the proposed project site is a potential "gateway" to the City. Twenty-Five (25) Wide Transoortation Corridor Easement The Southwest Area Community Plan (SWAP) contains a policy which requires a twenty-five (25) foot transportation easement along Highway 79 (Winchester Road). Staff has been requesting that right-of-way be set aside for this easement on both sides of Highway 79 for all projects for future traffic mitigation programs. The applicant currently proposes to locate the subject outdoor advertising displays within this right-of-way. The SWAP states: "This easement may be used for additional parking and/or landscaping untie such time it is needed for transportation improvements." In the event that the Planning Commission approves the proposed outdoor advertising displays, it is Staff's recommendation that the two (2) outdoor advertising displays be relocated, since they are permanent structures, and they should not be located within this right-of-way. EXISTING ZONING, SWAP AND FUTURE GENERAL PLAN CONSISTENCY Existing zoning for the project site is Manufacturing-Service Commercial (M-SC). Outdoor Advertising Displays are a permitted use with an approved plot plan in the M-SC zone. The proposed signage meets the requirements prescribed under Section 19.3 of Ordinance No. 348. The SWAP designation for the project site if General Light Industrial (LI). The SWAP elaborates that the LI category is applied to areas that have been committed to the Manufacturing-Service Commercial (M-SC) zone. The Draft Preferred Land Use Plan designation for the project site is Medium Density Residential. Although the existing zoning and the SWAP identify the subject property as Light Industrial, Staff cannot make the finding that the proposed project will be consistent with the City's future General Plan based upon the projects inconsistency with the Draft Preferred Land Use Plan as well as inconsistency with the Land Use and Community Design Elements of the Draft General Plan. ENVIRONMENTAL DETERMINATION Plot Plan No. 245, Amendment No. I and Plot Plan No. 246, Amendment No. 1 are statutorily exempt pursuant to Article 18, Section 15270 of the California Environmental Quality Act (CEQA). CEQA does not apply to projects which a public agency rejects or disapproves. S\STAFFRFT~245-246PP 5 SUMMARY/CONCLUSIONS Plot Plans No. 245 and 246 are proposals to erect two (2) V-type Outdoor Advertising Displays on the east side of Winchester Road, north of the intersection of Winchester and Nicholas Road. Ordinances No. 90-08, 90-09.91-17, 92-06 and 92-07 have been adopted to regulate the use of Outdoor Advertising Displays. The applicant previously submitted two applications for Outdoor Advertising Displays to the County of Riverside Planning Department, however, no approvals ware received for the projects. The applicant has submitted two plot plan applications to the City of Temecula under a hardship provision contained in Ordinance No. 92-06. Staff has determined that a hardship has not been incurred by the applicant for the following reasons: 1. No approvals'were received from the County of Riverside Planning Department. The City Council never acted or had the opportunity to act upon the proposed projects which were processed by the County of Riverside. The applications were being processed by the County of Riverside after the moratorium was placed on the use of Outdoor Advertising Displays by the City of Temecula. The proposed Outdoor Advertising Display applications will be inconsistent with the City's future General Plan. The subject property has been classified as Medium Density Residential on the Draft Preferred Land Use Plan, and the use would be inconsistent with the land use designation. Residential uses exist to the northwest and the north and are proposed to the east of the subject site. The proposed signage would be incompatible with these uses. The subject site has been identified as a potential gateway to the City and therefore, the use would be detrimental in attaining a gateway appearance. The proposed signage is statutorily exempt from the California Environmental Quality Act (CEQA). FINDINGS There is a likely probability that Plot Plan No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 will not be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. The Draft Preferred Land Use Plan designation for the proiect site is Medium Density Residential. The proposed signs are inconsistent with this ~and use designation. In addition, the proposed signs are inconsistent with the Draft General Plan Land Use and Community Design Elements. 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. The erection of two (2) V-type Outdoor Advertising Displays will be inconsistent with the proposed land use designation of Medium Density Residential for the site. There are existing residential uses to the west of the project site and residential development is proposed to the northeast and the east of the site. In addition, the Community Design Element has determined that the area of the project will be a "gateway" to the City. By approving the proposed Outdoor Advertising Displays, the proposed General Plan Goals and Policies will be difficult to obtain. S~STAFFRFT~245-246.PP 6 The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. Ordinance No. 92-06 prohibits the establishment of Outdoor Advertising Displays. Section 4.A. of Ordinance No. 92-06 contains hardship provisions, however, a hardship has not been demonstrated to exist for the proposed signs. Approvals were never granted by the Riverside County Planning Department, and the subsequent approval procedure with the City of Temecula was not pursued. The proposed signs are not designed for the protection of the public health, safety and general welfare; and do not conform to the logical development of the land. Further, the signs are not compatible with the present and future logical development of the surrounding property. At the current time, the subject project site is zoned for industrial development. The Draft Preferred Land Use Plan has been developed and the designation for the site is Medium Density Residential. The present development in the immediate area is vacant to the south, east and portions north of the site. Residential uses exist to the north/northwest of the site. Proposed uses will include residential uses to the north and east, with commercial and industrial uses to the south. The signs, as proposed, will not be consistent with the immediate surrounding development. In addition, the Community Design Element identifies this area as a potential gateway to the City, the development of which would not include Outdoor Advertising Displays. STAFF RECOMMENDATION: ADOPT Resolution No. 92- denying Plot Plan No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 based upon the Analysis and Findings contained in the staff report. Attachments: 2. 3. 4. 5. Resolution No. 92- - blue page 8 Exhibits - blue page 13 Chronology and Letters Submitted by the Applicant - blue page 14 County of Riverside Notices of Decision - blue page 15 County of Riverside Planning Director Denials - blue page 16 S~STAFFRPT~245-246+PP 7 ATTACHMENT NO. 1 RESOLUTION NO. 92- S\STAFFRFT~245-246.PP 8 ATTACHMENT NO. 1 I~F-~OLUTION NO. 9~- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLOT PLAN NO. 24~, AMENDMENT NO. 1 AND PLOT PLAN NO. AMENDMENT NO. 1 TO ERECT TWO (2) V-TYPE OUTDOOR ADVERTISING DISPLAYS ON A PARCEL CONTAINING 5.70 ACRES LOCATED ON THE EAST SIDE OF WINCHESTER ROAD, APPROXIMATELY 1,200 AND 1,8~0 FEET NORTH OF THE INTERSECTION OF WINCHESTER AND NICHOLAS ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 911-1~0-00~ WHEREAS, Adams Advertising filed Plot Plan No. 245, Amendment No. I and Plot Plan No. 246, Amendment No. 1 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plans on September 21, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plans; and WHEREAS, at the conclusion of the Commission hearing, the Commission denied said Plot Plans. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. ~ 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: general plan. The city is proceeding in a timely fashion with the preparation of the S\STAFFRPT~245-246.PP 9 2. The planning agency finds, in appwving 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 acrion proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable rime. b. There is little or no probability of substanrial detriment to or interference with the future adopted general plan if the proposed use or acrion is ulrimately inconsistent with the plan. c. The proposed use or acrion 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 incorporarion 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 Plans are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: The City is proceeding in a rimely fashion with a prepararion of the general plan. 2. The Planning Commission finds, in denying projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a. There is a likely probability that the land use or acrion 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. c. The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. D. Pursuant to Seerion 18.30(c), no plot plan may be approved unless the following findings can be made: S\STAFFRPT%245*246PP 10 1. The pwposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. 2. 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. E. The Planning Commission, in denying the proposed Plot Plans, makes the following findings, to wit: There is a likely probability that Plot Plan No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 will not be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. The Draft Preferred Land Use Plan designation for the project site is Medium Density Residential. The proposed signs are inconsistent with this land use designation. In addition, the proposed signs are inconsistent with the Draft General Plan I and Use and Community Design Elements. 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. The erection of two (2) V-type Outdoor Advertising Displays will be inconsistent with the proposed land use designation of Medium Density Residential for the site. Them are existing residential uses to the west of the project site and residential development is proposed to the northeast and the east of the site. In addition, the Community Design Element has determined that the area of the project will be a "gateway" to the City. By approving the proposed Outdoor Advertising Displays, the proposed General Plan Goals and Policies will be difficult to obtain. The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. Ordinance No. 92-06 prohibits the establishment of Outdoor Advertising Displays. Section 4.A. of Ordinance No. 92-06 contains hardship provisions, however, a hardship has not been demonstrated to exist for the proposed signs. Approvals were never granted by the Riverside County Planning Department, and the subsequent approval procedure with the City of Temecula was not pursued. The proposed signs are not designed for the protection of the public health, safety and general welfare; and do not conform to the logical development of the land. Further, the signs are not compatible with the present and future logical development of the surrounding property. At the current time, the subject project site is zoned for industrial development. The Draft Preferred Land Use Plan has been developed and the designation for the site is Medium Density Residential. The present development in the immediate area is vacant to the south, east and portions north of the site. Residential uses exist to the north/northwest of the site. Proposed uses will include residential uses to the north and east, with commercial and industrial uses to the south. The signs, as SISTAFFRPT',245-246.PP 1 I proposed, will not be consistent with the immediate surrounding development. In addition, the Community Design Element identifies this area as a potential gateway to the City, the development of which would not include Outdoor Advertising Displays. Section 2. Conditions. That the City of Temecula Planning Commission hereby denies Plot Plan No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 to erect two (2) V-Type Outdoor Advertising Displays on a parcel containing 6.70 acres located on the east side of Winchester Road, approximately 1,200 and 1,850 feet north of the intersection of Winchester and Nicholas Roads and known as Assessor's Parcel No. 911-150-005 5. Section 3. DENIED AND ADOPTED this 21st day of September, 1992. LINDA FAHEY CHAIRMAN STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) 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 21st day of September, 1992 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNHILL SECRETARY S'~ST AFFP"°T%245' 246.PP 12 ATTACHMENT NO. 2 EXHIBITS S\STAFFRPT~245-246.PP 13 CITY OF TEMECULA SITE / CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246. Amendment No. 1 EXHIBIT: A VICINITY MAP P.C. DATE: September 21, 1992 S~STAFFRpT~24S-24E.PP CITY OF TEMECULA J5 / \ SVVAP - EXHIBI ? B ~P 1 Designation: General Light Industrial (LI) SITE//// S-P {213) R-R s-p {/6,4) \ \ ZONING - EXHIBIT C Designation: Manufacturing-Service Commercial (M-SC) Case No.: PLot Plan No. 245, Amendment No. lfPIot Plan No. 246, Amendment No. 1 P.C. Date: September 21, 1992 CITY OF TEMECULA F~I~'I'IN& RI~NT O¢: UL'TlttATE R~bHT OF ~E~..~ E/O NINCHESTER Proposed Sign ~-J,,H41LTDN AI/E. ROAD TO NILOLAS RoAD CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246, Amendment No. 1 EXHIBIT: D1 SITE PLAN P.C. DATE: September 21, 1992 S\STAFFRpT~,245-2aE CITY OF TEMECULA EYIS'I'IN(=, RIt,,HT Of- ~IA"( 0L'TIr"IA'r'E RIbliT OF t,~Y Proposed Sign j/TO CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246, Amendment No. 1 EXHIBIT: D2 SITE PLAN P.C. DATE: September 21, 1992 CITY OF TEMECULA Landscape Corridors and Gateways "'! ,I Gateways TF.,M~I~IOGP-COM DS~ · Draft Datc' July 20, 1992 ]l :~am I%gc 10-10 CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246, Amendment No. 1 EXHIBIT: E LANDSCAPE CORRIDORS P.C. DATE: September 21, 1992 AND GATEWAYS SISTAFFRPT~245-246.PP ATTACHMENT NO. 3 CHRONOLOGY AND LETTERS SUBMITTED BY THE APPLICANT S~STAFFRPT~,245-246-PP I 4 CHRONOLOGY 1) 2) 3) 4) 5) 6) 7) Applications were submitted to Riverside County February 22, 1990. Processing should have been completed within 30-45 days and prior to City's imposed moratorium of April 24, 1990. Applications were approved; then, "at the last moment" the required property owner's notices were not mailed out. No comments were received, and the applications were again approved. Planner then thought signs were located within Specific Plan 213. - We immediately advised planner that property was not within Specific Plan 213. - Planner then had to verify this. Applications were again approved. Ultimately, we were advised that the property was now in the City of Temecula. Once again, the County was not issuing the permits. Due to the errors made by staff, Adams was advised of this after Temecula had established a billboard moratorium. These applications should approved through the County, would have been approved. have been administratively and if processed correctly, adams advertising, inc. 19081 Rocky Road, Santa Ana, California 92705, (714) 838-9026 · FAX (714) 730-5461 adams advertising, inc. April 14, 1992 VIA CERTIFIED MAIL P 793 513 483 Mr. Gary Thornhill Planning Director City of Temecula P.O. Box 3000 Temecula, CA 92390 Re: Application for Billboards in Accordance with Ordinance No. 91-20, Section 4 Dear Mr. Thornhill: Some time ago, we met and discussed a situation where, as a result of a series of errors made by Riverside County, we did not receive permits for two signs that should have been issued. Enclosed is a letter from Riverside County that you may recall. It outlines some of what occurred and supports the fact that a mistake was made. I hope this helps refresh your memory of this issue and of our meeting. I have also enclosed a chronology of what occurred, together with a plot plan and map identifying the sign locations. We believe these circumstances constitute a hardship in that we were erroneously precluded from building signs. As a result, businesses and developers in the southwest area have suffered a hardship as they have been wrongfully denied the opportunity to promote their business by being denied' the ability to advertise on these signs. In light of the foregoing, it is our contention that we, together with the community, continue to suffer a hardship which we respectiully request you to relieve. Please do not hesitate to call me if you have any questions or need any additional information. Thank you for your time and consideration. Yours truly, RECEIVED Michele Adams MA:dt [JUL 15 1992 'r,,J:T~_ OF TEMECULA September 12~, 1990 'R 'VERbiDE COUrlCu, PLArlrlirlG DEP, RCi IErI Mr, David Dixon, City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 RE; Ariains Advertls]n.~, Inc. App/icatlons for $1~tn Permit Nee. 1183 and 1184 Dear Mr. Dixon: On February 22, 1990 Adams Advertising, Inc. made application for two billboards to the County of Riverside. The signs were proposed to be situated on the northeast corner of Winchester Road and Hamilton Avenue in what has now become the City of Temecula.' Typlca//y, the County would have conlpleted the processing of such applications within 60 d,~ys. Thus, in lh/s case, processing would normally have been completed before the moratorium on new b/l/boards was imposed by your City on Apr~ 24, 1990. However, that was not the case. The Rivers/de Cour~ty .planning Department; in fact, did approve Ine applications but we discovered at the la~,t moment that the requlred notices to neighboring property owners were not mailed out. Furthermore, there Was some confusion as to ~ether the two signs were to be located adjacent to Specific Plan No. 213. After the notices"were.maHed, no comments were received, and the applications Were ~gain apRroved. Before the permits could be issued we discovered that the two .sign structures were, in fact, proposed to be situated within the City of Temecu/a. ......~: :2:..'. "~ ? ~ ~- ~, ,, ~, - . .~ .> ..' ...'.-, Due ~o the series of ciYcumstance~ enumerated -bove the sign applications could not be approved. However, ~he app//catlons were, in'fac<, in compliance with all regulations in effect prior to the C/~y's moratorium and'could ha~e been acted upon favorably prior to that date. ". Ve~ ~ru/~.yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Joseph A. Richorals, Planning Director 8a/y$, .Chief Deputy P g Director MFB:aea cc.' Joseph S. Aklufi 4000 LEMON gTREEET. gT|4 FLOOR 79733 COUNTRY CLUB DRIVE. SUITE E ATTACHMENT NO. 4 COUNTY OF RIVERSIDE NOTICES OF DECISION S\STAFFRP"r~245-246.PP 15 RIVERSIDE COUNTY PLANNING DEPARTMENT 4080 LEMON STREET, NINTH FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 275-3200 Joseph A. Rtchards, Planning Director As prescribed under the provisions of County Ordinances, this is to notify you that the appli cati on referenced below has been recei red to be considered by the RIverside County Planntng Department. Any person wishing to comment on the project must submit written comaants to the Planning Department at the above address before May 7 1990. NO PUBLIC HEARING on the application shall be held before a decision ts made unless a hearing is requested in writing prior to the aforementioned date by the applicant or other affected person, or if the Planning Director determines that a public hearing should be required. If a public hearing is scheduled before the Planning Di rector, you shall be notified. The proposed project application may be viewed at the public information counter, Monday through Friday from 9:O0 a.m. until 4:00 p.m. If you have any coemrents to submit or wish to request a public hearing, please return this sheet and return to this office by the above mentioned date. OUTDOOR ADVERTISEMENT 1183, exempt from CEQA, is an application submitted by Adams Advertising, Inc for property located in the Murrieta Area and Pirst Supervtsorial District and generally described as the NE corner of Winchester Road and Hamilton and made pursuant to OrdinanCe No. 348, Riverside County Land Use Ordinance which proposes and off-site sign. CASE & NO. OUTDOOR ADVERTISEMENT 1183 __ I do not wish a public hearing to be held on this case, but I would like to submit comatents in regards to this project. __ I am requesting that a public hearing be held on this case for the following reasons: I understand that I will be notified of the time and date of the public hearing. Signature Print Name Print Street Address Print City/State Zip RIVERSZDE COUNTY PLANNZNG DEPARTMENT 4080 LEMON STREET, NINTH FLOOR RIVERSIDE, CALZFORNIA 92501 (714) 275-3200 Joseph A, Richards, Planntng Dtrector As prescribed under the provisions of County Ordinances, thts is to notify you that the application referenced below has been received to be considered by the Riverside County Planning Department. Any person wishing to comment on the project must submit written convnents to the Planning Departwent at the above address before May 7, 1990. NO PUBLIC HEARING on the application shall be held before a decision is made unless a heart ng is requested in writing prior to the aforementioned date by the applicant or other affected person, or if the Planning Director determines that e public hearing should be required. If a public hearing is scheduled before the Planning Director, you shall be notified. The proposed project application wey be viewed at the public information counter, Monday through Friday froe 9:00 a.m. until 4:00 p.m. If you have any comments to submit or wish to request a public hearing, please return this sheet and return to this office by the above wentiOned date. OUTDOOR ADVERTISEMENT 1184, exit frOm CEQA, is an application submitted by Adams Advertising, Inc for property located in the Hurrteta Area and First Supervisorial District and generally described as the NE corner of Winchester Road and Hamilton and nmde pursuant to Ordinance No. 348, Riverside County Land Use Ordinance which proposes and off°site sign. CASE & NO. OUTDOOR ADVERTISEMENT 1184 __ I do not wish a public hearing to be held on this case, but I would like to submit comments in regards to this project. I am requesting that a public hearing be held on this case for the ' following reasons: I understand that I will be notified hearing. Signature of the time and date of the public Print Name Print Street Address Print City/State Zip ATTACHMENT NO. 5 COUNTY OF RIVERSIDE PLANNING DIRECTOR DENIALS S\STAFFRPT~,245-246.PP 16 RiVER3iDE courlcy PLArlrlirlG DEPAR;ITIErlC DATE: 31 May 1990 Dear Applicant: IE: Plot Plan lo. ] ~ Ilefional Tm IIo. Minnr Prrd~v-f~ ss on L] Board of Supervisors took the following ~ct,~on on the above referenced plot pl an: APPROVED the Plot Plan, Exhibtt , subject to the attached condt ttons. APPROVED the Plot Plan, Exhibit , subject to the attached amended coM~tions. APPROYED the Plot Plan, Revtsed Exhtbtt , subject to the attached coedlUons. APPROVED the Plot Plan, Revised Exhibit , subject to the attached mended conditions, UPHELD the appeal, DENIED the appeal. APPROVED the WZTHDRAWAL of the appeal request. APPROVED the WtTHORAWAL of the Plot Plan. OENZEO the Plot Plan based on the attached findings. ADOPTEO the Negative Oeclaratton on the Envlronmental ROted above. Assessment Thts actlon my be appealed to the ~a Planning Cemmtsston [] Board of Supervisors within ten [10} days of the date of this notice.. The appeal must be made In writing and submitted with a fee In accordance with the fee schedule to the appropriate departaent. An appeal of any condl tt on constitutes an appeal of the action as a whole and requires a new p~ltc hearing before the appropriate hearing body. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Joseph A. Richards, Planning Direr cc: Representart ve File 29S-43 Revised _ 8.10-88 4080 LEMON STREET. 9TM FLOOR RIVERSIDE CALIFORNIA 92501 (714) 787-6181 Sian P~an, Planner III 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 RiVER: iDE COurlcu PLArI~i~G DEPARCii1EIl DRTE: 31 May 1990 Deer Applicant: R/: Plot Plan Ilo. 11 4 EerlromenUT AssesmeLn~ No. N/A liegeolin1 Teal lie. M~r~r Proj~c~ On 3z the River,,de Cou.ty B Pla..t.g ot,-,tor ra Planning L] Board of S~rvtsors ~ok ~e follytrig actton on ~e above terraced plot plan: APPROV~D the Plot Plan, Exhtbtt , subject to the attached condt tl ons. APPROVED the Plot Plan, Exhlbtt , subject to the attached amended conditions. APPROVED the Plot Plan, Revised Exhtbtt , subject to the attached coedl ttons. APPROVED the Plot Plan, Revised Exhibit , subject to the attached amended conditions. UPHELD the appeal, DENZED the appeal, APPROVED the WXT~RAWAL of the appeal request. A~PROVED the WITHORA~AL of the Plot Plan. DENIEO the Plot Plan based on the attached findings. ADOPTED the Negative Oechration on the Environmental noted above. Assessment This action my be appealed to the Ix] Planning Cem~ntsston [] Board of Supervisors wtthtn ten (10) days of the data of this notice... The appeal must be made In writing and submitted vtth a fee in accordance ~lth the fee schedule to the Ipprop,iate departaent. An appeal of any cond4 tt on constitutes an appeal of the action as a ~hole and requires a new public hearing before the a~p~opriate hearing body. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARll~[NT Joseph A. P~c~_rds, Plar~Director cc: Representative File Revtsed 8-1088 Sian Rf~nan, Plaumer III 4080 LEMON STREET, 9TM FLOOR RIVERSIDE., CALIFORNIA 92501 (714) 787'6181 46-209 OASIS STREET, ROON 34 INDIO, CALIFORNIA 9;2201 (619) 342qB277 ITEM #6 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning September 21, 1992 Environmental Impact Report No. 324, Change of Zone No. 5532, Specific Plan No. 255, Environmental Impact Report No. 340, Change of Zone No. 5589, Specific Plan No. 263, Environmental Impact Report No. 348, Change of Zone No. 5617, Specific Plan No. 1, Tentative Parcel Map No. 25213, Vesting Tentative Tract No. 25214, Vesting Tentative Tract No. 25215, Vesting Tentative Tract Map No. 25321, Vesting Tentative Tract No. 35322, Vesting Tentative Tract No. 25324 and Vesting Tentative Parcel Map No. 25464 RECOMMENDATION: CONTINUE Environmental impact Report No. 324, Change of Zone No. 5532, and Specific Plan No. 255 Off Calendar. CONTINUE Environmental Impact Report No. 340, Change of Zone No. 5589, and Specific Plan No. 263 Off Calendar. CONTINUE Environmental Impact Report No. 348, Change of Zone No. 5617, and Specific Plan No. 1 Off Calendar. CONTINUE Tentative Parcel Map No. 25213, Vesting Tentative Tract No. 25214, and Vesting Tentative Tract No. 25215 Off Calendar. CONTINUE Vesting Tentative Tract Map No. 25321, Vesting Tentative Tract No. 35322, Vesting Tentative Tract No. 25324 and Vesting Tentative Parcel Map No, 25464 Off Calendar. The above cases were scheduled for the Planning Commission Hearing of September 14, 1992. The Planning Commission Hearing of September 14, 1992 was canceled due to lack of a quorum. The above cases have therefore been placed on the next Planning Commission Hearing Agenda, September 21, 1992, as required by State Law. The Staff recommendations included in the September 14, 1992 Staff Reports for the above cases were for continuance to November 16, 1992. At this time, staff is recommending that the cases be continued off-calendar and re-advertised for Public Hearing. ITEM #7 RECOMMENDATION: APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 21, 1992 Case No.: Public Use Permit No. 5 Prepared By: Saied Naaseh ADOPT Negative Declaration for Public Use Permit No. 5. ADOPT Resolution No. 92- approving Public Use Permit No. 5 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. New Community Lutheran Church The Holt Group A request for approval for development of a church including a multi-purpose Worship Center and a Sunday School building on 2.92 acres. Southeast corner of Santiago Road and Ynez Road R-A-2V= (Residential Agriculture, 2~/~ acre minimum) North: South: East: West: R-A & R-A-2 Y= (Residential Agriculture, 2 ~ acre minimum) R-A-2~ Residential Agriculture, 2~ acre minimum R-A- 2 ~/~ minimum R-A-2'/= minimum Residential Agriculture, 2'~ acre Residential Agriculture, 2 '~ acre N/A Vacant S\STAFFRFT~5PUP.PC SURROUNDING LAND USES: North: South: East: West: Single Family Dwellings Single Family Dwellings Single Family Dwellings Single Family Dwellings PROJECT STATISTICS Area Calculations Area Name Area % of Total Building 8,968 Worship Center - 5,599 Sunday School - 3,369 Covered walks and patios 7,613 Walks and courts 7,123 Parking area (asphalt) 41,087 Open space and planters 53.692 square feet 7 % square feet 6 % square feet 6 % square feet 32 % square feet 42 % Total 127,451 square feet 100% Parking Calculations ReQuired Parkina Rate Reauired No. of Parkino SDaces Provided No. of Parldna SPaces 1 parking space per 35 square feet of assembly area 65 65 1 parking space per employee plus 1 parking space for every 5 children Total 87 86 Note: The assembly area and the Sunday School are not used simultaneously. BACKGROUND This project is proposed on Parcel 2 of Tentative Parcel Map No. 27018 which was approved by the Planning Commission on August 5, 1991 (refer to Exhibit "J" and Attachment No. 6). Future development will occur on Parcels 1 and 3 of Parcel Map No. 27018. In that meeting it was brought to the Planning Commission's attention that one of the parcels will be developed as a church. The Parcel Map received little opposition; however, the future church use had some supporters from the audience along with some opposition from the surrounding neighbors. It was the consensus of the Planning Commission that the parcel map was consistent with the zoning and the church will require further approvals and input from the S%STAFFRPT~5PUPPC 2 public. This project was submitted on March 23, 1992 and proposes a Worship Center and a Sunday School building on parcel 2 as shown on Exhibit "E". Staff requested the applicant to show their future plans for parcels 1 and 3 as shown on Exhibit "F". However, these plans are conceptual and this project only contains the development proposed on parcel 2. Further approvals will be necessary for any development on parcels 1 and 3 or any additions to parcel 2. PROJECT DESCRIPTION The applicant is requesting approval for constructing a Worship Center and a Sunday School building on Parcel 2 of Tentative Parcel Map No. 27018. The 5,599 square foot Worship Center will be used for assembly area. The 3,369 square foot Sunday School will be used to house four pre-school classrooms with 15 students each, for a total of 60 students. According to the applicant, the Sunday School and the assembly area will not be used simultaneously. The access to the site is limited to Santiago Road; access is restricted to Ynez Road as a condition of approval of the underlying map. A 20 foot landscaped structure setback is provided along Ynez Road and Santiago Road. Moreover, a five (5) foot landscaped parking lot setback is required along the property lines that abut residential zones. This setback is provided along the easterly property line and it increases to 10 feet along the southwesterly property line and to 20 feet along the southerly property line. A six foot high block wall is proposed along the southerly property line to buffer the residence to the south. A four foot high, fifty-four foot long monument sign with forty-four square feet of area is proposed on the northwest corner of the property. ANALYSIS Proposed Project The proposed project is the first phase of a multi-phase development proposed by the New Community Lutheran Church. The first phase includes the Worship Center and Sunday School buildings and 86 parking spaces. The future phases may include a 500 seat sanctuary, a Christian Preschool with 100 students, a Christian day school with Kindergarten through eighth grade plus related administration and storage space, a gymnasium and a total of 229 parking spaces including the 86 spaces in the first phase (refer to Exhibit "F"). FUture Phases The applicant has indicated that the future phases may never be built; however, they have been included per staff's request for informational purposes. A landscape plan has also been prepared for this phase (refer to Exhibit "1"). The emphasis of these conceptual plans is on buffering the adjacent single-family uses with landscaping. Twenty to thirty foot landscaped areas separate the parking areas and the structures from the adjacent properties. Moreover, future recreation and future playground areas have been placed at the southern and eastern ends of the project to further buffer the structures and the parking areas from the surrounding uses. Even though these play areas act as a buffer, they are a potential generator of noise. The combination of the landscaped buffering, block walls and berming will mitigate these impacts. The impact of the future phases on the surrounding uses has not been assessed; however, in staff's opinion, it could potentially impact the single-family dwellings immediately adjacent to the site. Potential impacts associated with future phases will be assessed at the time of subsequent development submittal. Compatibility with Surroundino Develooment This church is proposed along Ynez Road which is designated as a four lane secondary with an 88 foot right-of-way and Santiago Road which is designated as an Arterial with a 110 foot right-of-way in the Riverside County General Plan Circulation Element. This location is appropriate for a church which, within residential areas, should be located along major roads and away from local streets. Churches are traffic generators and should not be placed on local streets that are not designed to carry the increased traffic. Therefore, Staff feels the proposed project is an appropriate use of the site. This project is located on the boundary of the Los Ranchitos development and the residents have expressed concern regarding development of this project. Staff has met with the residents and has addressed their concerns regarding parking, traffic, light, visual, noise and removal of the Eucalyptus trees (refer to Attachment No. 5 and Condition Nos. 5, 20, 29, 31, 33,34,35 and 36). The residents were concerned regarding potential parking along Ynez Road, Santiago Road and Vallejo Avenue. This concern has been addressed by prohibiting on street parking on these streets (refer to Condition No. 29). The traffic concerns have been addressed by requiring a traffic study. This study identifies a total of 330 daily peak hour trips on weekdays which will have minimal traffic impacts. The traffic study recommends half section improvements to Santiago Road and Ynez Road to City standards adjacent to the project. The proposed access will ultimately be restricted to right turn in/out only when Santiago Road is fully completed and when a secondary access is provided to lot 3. The visual, light and noise impacts have been addressed by incorporating set backs, landscaping and walls into the project design, all the eucalyptus trees will be preserved on the site. The eight single-family dwellings abutting the site could particularly be impacted by this development (refer to Exhibit "D"). The two houses along Ynez Road and the house along Vallejo Avenue will not be impacted since no access is provided to these streets and the landscape buffer will be sufficient to buffer the visual and noise impacts. The three houses to the south, southeast and east of the property are set back sufficiently from the project boundary, In addition, the landscaped buffer and the six (6) foot high block wall provided within the project will be sufficient to reduce the visual and noise impacts. The parking lot light standards are limited to a total of 13 with twenty foot poles and sharp cut off features S~STAFFRPT',SPeJP,PC 4 that eliminate light pollution to the adjacent properties from the parking lot. Therefore, the houses discussed will not be effected by the development of this project. The only two houses that will be directly affected by increased traffic generated by this proiect are located on Santiago Road, however, this impact will not be significant. The house to the west is close to the existing street and will be even closer when Santiago Road is improved to its ultimate 110 foot right-of-way width. The other house is considerably further from the street and will be affected to a lesser degree than its neighbor to the west by the noise and visual impacts generated by this development. Parkina The proposed development requires 87 parking spaces to meet the standards of Ordinance No. 348. Eighty-six (86) parking spaces have been provided for the Worship Center and the Sunday School. The applicant has indicated that the assembly area and the Sunday School will not be used simultaneously and the Sunday School building will not be used as an assembly area; therefore, staff feels the number of parking spaces provided is sufficient for the project (refer to Condition No. 38). Future phases of this project will need to provide additional parking spaces (refer to Condition No. 32). Parking will not be allowed along Ynez Road, Santiago Road and Vallejo Avenue (refer to Condition No. 29). Sians The site plan shows two monument signs; one on the northwest corner of the property and the other on the proposed access median. Ordinance No. 348 only allows one monument sign for each parcel; therefore, the sign on the access median has been eliminated (refer to Condition No. 30). The remaining monument sign replaces the existing Los Ranchitos sign which is now located in the public right-of-way. The proposed monument sign is four feet high and fifty-four feet long with a sign area of forty-four square feet. The location and the size of this sign is a part of this request; however, further approval will be necessary from the Planning Department for the sign copy. EXISTING ZONING, SWAP AND FUTURE GENERAL PLAN The proposed project meets all the requirements of the R-A zone. Churches require a Public Use Permit in all zones if the Planning Commission makes a Finding that the project will not be detrimental to the health, safety or general welfare of the community (refer to the Findings). The proposed project is consistent with the SWAP designation of 2.5 acre minimum residential. Since the underlying zone that is consistent with SWAP allows churches with a Public Use Permit, the project is consistent with SWAP. The proposed project is consistent with the future General Plan of Very Low Density Residential and all other elements of the General Plan. The future Development Code is expected to allow churches in residential districts with a Conditional Use Permit if it is not found to be detrimental to the health, safety or general welfare of the community. ENVIRONMENTAL DETERMINATION An Initial Study was prepared for this project and with the adoption of mitigation measures which have been included in the Conditions of Approval, all the anticipated impacts have been reduced to a level of insignificance. Therefore, a Negative Declaration has been prepared and recommended for adoption. SUMMARY/CONCLUSIONS The proposed project meets all the requirements of Ordinance No. 348. The impacts on Single Family uses have been reduced since the landscape buffer and block walls have been incorporated into the project design. The church is a proper use of the site since it is located on a major intersection that will be able to carry the traffic generated from the project. FINDINGS The proposed project is consistent with Ordinance No. 348 since it meets all the requirements of Ordinance No. 348. The proposed project is consistent with the future General Plan since it is not detrimental to the health, safety or general welfare of the community. The proposed project is consistent with SWAP since the underlying zone that is consistent with SWAP allows churches with a Public Use Permit if they are not detrimental to the health, safety or general welfare of the community. The proposed project is the proper use for the site since it is located on a major intersection which will be able to carry the traffic generated by the project. The proposed project is compatible with the surrounding single family dwellings since the landscape buffering and block walls will reduce the visual and noise impacts of the development. The proposed project will not have a significant impact on the environment since all the impacts have been reduced to a level of insignificant by the Conditions of Approval. STAFF RECOMMENDATION: ADOPT Negative Declaration for Public Use Permit No. 5. ADOPT Resolution No. 92-__ approving Public Use Permit No, 5 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. Attachments: 5. 6. 7. Resolution No. 92-. - blue page 8 Conditions of Approval - blue page 13 Exhibits - blue page 25 A. Vicinity Map B. Zoning C. SWAP D. Surrounding Land Use E. Site Plan F. Conceptual Future Phases Site Plan G. Elevations H. Landscape Plan I. Conceptual Future Phases Landscape Plan J. Tentative Parcel Map No. 27018 Initial Study - blue page 26 Correspondence - blue page 40 Minutes of the August 5, 1991 Planning Commission Meeting - blue page 41 Los Ranchitos CC&R's Information - blue page 42 ATTACHMENT NO. 1 RESOLUTION NO. 92-_ RF-~OLUTION NO. 92- A RESOLUTION OF THE PLANNING COMMIgSION OF THE CITY OF TEMECULA APPROVING PUBLIC USE PERMIT NO. S ALLOWING CONSTRUCTION OF A WORSHIP CENTER AND A SUNDAY SCHOOL LOCATED AT THE SOUTHEASTERLY CORNER OF YNEZ ROAD AND SANTIAGO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 922-140010 WHEREAS, the New Community Lutheran Church filed Public Use Permit No. 5 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Public Use Permit application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Public Use Permit on September 21, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Public ljse Permit and; WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Public Use Permit; WHEREAS, at the conclusion of the Commission heating, the Commission recommended approval of said Public Use Permit; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Cede Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 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 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 Public Use Permit is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The City is proceeding in a timely fashion with a preparation of the general 2. The Planning Commission finds, in approving of projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a. There is reasonable probability that Public Use Permit No. 5 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposal is consistent with existing development in the vicinity. c. The proposed use or action complies with all other applicable requirements of state law and local ordinances. The project as conditioned, is consistent with Ordinance No. 348. 3. Pursuant to Section 18.30(c), no public use permit may be approved unless the following findings can be made: S\STAFFRPTXSP~JPPC 10 a. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. D. The Planning Commission, in approving of the proposed Public Use Permit makes the following findings, to wit: 1. The pwposed project is consistent with Ordinance No. 348 since it meets all the requirements of Ordinance No. 348. 2. The proposed project is consistent with the future General Plan since it is not detrimental to the health, safety or general welfare of the community. 3. The proposed project is consistent with SWAP since the underlying zone that is consistent with SWAP allows churches with a Public Use Permit if they are not detrimental to the health, safety or general welfare of the community. 4. The proposed project is the proper use for the site since it is located on a major intersection which will be able to can3, the traffic generated by the project. 5. The proposed project is compatible with the surrounding single family dwellings since the landscape buffering and block walls will reduce the visual and noise impacts of the development. 6. The proposed project will not have a significant impact on the environment since all the impacts have been reduced to a level of insignificant by the Conditions of Approval. E. As conditioned pursuant to Section 3, the Public Use Permit 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. Enviromental Compliance. A Negative Declaration has been prepared for this project. Section 3. Conditions. That the City of Temeeula Planning Commission hereby approves Public Use Permit No. 5, a Resolution of the Planning Commission of the City of Temecula approving Public Use Permit No. 5, allowing construction and operation of a Worship Center and a Sunday School and known as Assessor's Parcel No. 922-140-010 and subject to the following conditions: A. Attachment 2, attached hereto. S\STAFFRFi~SPUP,PC 11 Section 4. PASSED, APPROVEI~ AND ADOFrED this 21st day of September, 1992. LINDA FAHEY 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 21st day of September, 1992 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: GARY THORNHILL SECRETARY S\STAFFP, PT~SPUP.FC 12 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL $\$TAFFRPT~SPUP PC I :3 CITY OF TEMECULA CONDITIONS OF APPROVAL Public Use Permit No: 5 Project Description: A request for approval for development of a church including a multi-purpose Worship Center and a Sunday School building on 2.92 acres. Assessor's Parcel No.: 922-140-010 PLANNING DEPARTMENT The use hereby permitted by this Public Use Permit is for a Worship Center with 5,599 square feet for an assembly area and a Sunday School with four Pre-school classrooms with 15 students each for a total of 60 students. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Public Use Permit No. 5. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall ndt, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within one (1) year of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the one (1) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on The development of the premises shall conform substantially with that as shown on the site plan for Public Use Permit No. 5 marked Exhibit E, or as amended by these conditions. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 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. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. S\STAFFRPT~SPUP,P~ 14 m 10. 11. 12. 13. 14. 15. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated July 1, 1992, 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 April 15, 1992, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated July 9, 1992, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated June 29, 1992, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Rancho California Water District transmittal dated June 19, 1992, a copy of which is attached. Prior to the issuance of building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by the appropriate filing fee. The landscape plans shall be consistent with the approved conceptual landscape plans (Exhibit H). All ground mounted equipment, trash enclosures, etc. shall be screened from view by landscaping. 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 86 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. 86 parking spaces shall be provided as shown on the Approved Exhibit E. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. A minimum of 3 handicapped parking spaces shall be provided as shown on Exhibit E. Each parking space reserved for the handicapped shall be identified by a permanently affixed 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: S\STAFFRPT~,SPUP.PC 15 16. 17. 18. 19. 20. 21. 22. 23. "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 Fire Department Eastern Municipal Water District Rancho Water District Building elevations shall be in substantial conformance with that shown on Exhibit G. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit K (Color Elevations) and Exhibit L (Materials Board). No roof-mounted equipment shall be permitted on any building within the project site. Prior to the final building inspection approval by the Building and Safety Department, a six foot high decorative block wall shall be constructed on the easterly, southwesterly and southerly property lines of Parcel 2. The required wall and/or berm shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which is based on the gross acreage of the parcels proposed for development. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. Six Class II bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. These racks shall be depicted on the landscape plans. S~STAFFRPT~SPUP.P~ 16 24. 25. 26. 27. 28. 29. 30. Prior to the issuance of occupancy permits, performance bonds, in amounts to be determined by the Director of Building and Safety to guarantee the adequate maintenance of the Planting for one year, shall be filed with the Department of Planning, 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. Should the developer be required to acquire off-site project interests, the developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal for building permit, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty- eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). "No Parking" signs shall be installed along Ynez Road, Santiago Road and Vallejo Avenue as approved by the Department of Public Works. The only monument sign (location and structure only) included with this approval is located at the northwest corner of the property. Further approval will be necessary for the sign copy. The second monument sign located at the driveway entrance is not permitted by Ordinance No. 348 and shall be eliminated on the construction plans, All other signage will require further approval of the Planning Department. $\$TAF~RP'I~SPUP.PC 17 31. The future phases of this development on Parcels 1 and 3 of Parcel Map 27018 will require a 30 foot landscape buffer along the easterly, south easterly property line of Parcel 3 with a six foot high decorative block wall and a 20 foot landscape buffer along the southerly and northerly property line of Parcel 3 with a six foot high decorative block wall on the southerly property line. This landscape buffer shall be 20 feet along the westerly property line of Parcel 2 and 30 feet along the southerly and easterly property line of Parcel 2 with a six foot high decorative block wall on the easterly property line. 32. All future development on Parcel 2 or Parcels I and 3 will require further approval of the Planning Commission and will require additional parking spaces. 33. The Eucalyptus trees on the site shall be preserved. 34. The parking lot lights shall be only located as specified on the site plan, shall only be 20 feet high and shall have sharp cut-off to eliminate light pollution of the adjacent properties. 35. The lights placed on the buildings shall contain sharp cut-off to eliminate light pollution of the adjacent properties. 36. No access shall be allowed on Ynez Road and Vallejo Avenue. 37. Twenty-five percent of all trees within the development shall be twenty-four inch box or larger. 38. The worship center and the Sunday School shall not operate simultaneously. The Sunday School shall not be used as an assembly area. BUILDING AND SAFETY 39. The applicant shall comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. 4O. Submit at time of plan review, a complete exterior site lighting plan in compliance with Ordinance Number 655 for the regulation of light pollution. 41. Prior to the commencement of any construction work, obtain all building plan and permit approvals. 42. Obtain street addressing for all proposed buildings prior to submittal for plan review. 43, Restroom fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the uniform plumbing code, Appendix C. $\STAFFRP'~SPUP+PC 18 44. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 45. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works 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 appropriate staff person of the Department of Public Works. The development of this project shall be consistent with the requirements of Tentative Parcel Map 27018. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO ISSUANCE OF GRADING PERMITS: 46. Prior to issuance of a grading permit, developer must comply with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES clearance is granted or the project is shown to be exempt. 47. As deemed necessary by the Department of Public Works, the developer shall receive written clearance at the appropriate stages of development from the following agencies: San Diego Regional Water Quality; Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; General Telephone; Southern California Edison Company; and Southern California Gas Company. 48. The developer shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24"x36" mylar by a Registered Civil Engineer. S%STAFFRPT',SPUP,PC I 9 49. The developer shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. 50. A Geological Report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. 51. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. 52. No grading shall take place prior to the improvement plans being substantially complete, acquisition of appropriate clearance letters and approval by the Department of Public Works. 53. At all times during the course of construction, erosion control runoff mitigation plans will be required and enforced. All plans shall be submitted as part of the grading plan submittal with appropriate notes as directed and approved by the Department of Public Works. 54. All site improvement plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with adjacent projects. 55. Street improvement plans including parkway trees and street lights prepared by a Registered Civil Engineer and approved by the Department of Public Works shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of existing utility facilities within the right-of-way as directed by the Department of Public Works. 56. Prior to any work being performed for onsite improvements, fees shall be paid and a construction permit shall be obtained from the Department of Public Works. 57. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 58. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works and shall be prepared by a Registered Civil Engineer. 59. The developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities and erosion control. S\STAFFRPT~SPUP,PC 20 60. 61. 62. 63. 64. 65. 66. 67. C. Landscaping (street and slopes). D. Sewer and domestic water systems. E. Undergrounding of proposed utility distribution lines if required. The developer shall comply with the requirements of the Department of Public Works and any recommendations of any other agency as deemed necessary by the Department of Public Works. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property. no new charge needs to be paid. The developer shall obtain any necessary letters of approval for offsite work performed on adjacent properties as directed by the Department of Public Works. Drainage calculations shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. If deemed necessary, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the Department of Public Works for review. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the Droparty from adjacent areas. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. PRIOR TO ISSUANCE OF BUILDING PERMIT: 68. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 69. 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, S%STAFFRPT~SPUP,P~ 2 1 70. 71. PRIOR 72, 73, 74. 75, 76. 77. 78. 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. TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: A minimum street flowline grade shall be 0.50 percent. The minimum parking lot flowline grade over asphalt concrete paving shall be 1.0 percent unless otherwise approved by the Department of Public Works. Onsite improvement plans per City Standards for all onsite construction shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. Concrete sidewalks shall be constructed along all public street frontages in accordance with City Standard Nos. 400 and 401 except as noted below for Vallejo Avenue. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. S~STAFFRPT~51~JP+PC 22 79. Construct full street improvements including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 80. Ynez Road and Vallejo Avenue shall be improved with 32 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with City Standard No. 102, (88'/64'). Sidewalks may be deleted on Vallejo Avenue to conform with the design criteria of the Los Ranchitos area. 81. Santiago Road shall be improved with 43 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 82. Adequate pavement transitions for travel lanes shall be provided as directed by the Department of Public Works, 83. Upon completion of the ultimate improvements for Santiago Road, the access for this site shall be restricted to right-in/right-out movement only, and a secondary access shall be provided across parcel 3 of Tentative Parcel Map 27018. 84. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. 85. No driveway access shall be allowed on Ynez Road. 86. Corner property line cut off shall be required per Riverside County Standard No. 805. 87. The street design and improvement concept of this project shall be consistent with and coordinated with adjoining developments (PM 26845), Transportation EnQineerina PRIOR TO ISSUANCE OF BUILDING PERMITS: 88. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Ynez Road, Santiago Road and Vallejo Avenue and shall be included in the street improvement plans. 89. Plans for relocetion of the existing traffic signal pole shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Santiago Road at Ynez Road and shall be included in the street improvement plans with the second plan check submittal. Additional detector loops and signal heads shall be provided to conform to the new lane configurations, S\STAFFRPT~SP, JP,I~ 2 3 90. 91. PRIOR 92, PRIOR 93. 94. 95. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. All traffic signal relocation improvements shall be installed and operational per the special provisions, and the approved traffic signal plan. Landscaping shall be limited within the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance visibility. S%STAFFRPT%SPUP.PC 24 FROM: RE: RECEIVED County of Riverside .,,,Lo.,.92 DEPARTMENT OF HEALTH CITY OF TEMECULA DATE: ATTN:P $axed Naaseh '~AA~A~,~"nnvlronmental Health Specialist IV 07-0!-92 PUBLIC USE PERMIT N0. 5 Department of Environmental Health has reviewed Use Permit No. 5 and will require the following TO BU ! LD_I the Public Items Adequate satisfactory detailed soils perrotation testing in accordance with the procedures outlined in the Riverside County Waste Disposal booklet entitled A "w~ii-serve" letter for potable wa~er from the appropriate agency provzdlng water service. Three detailed drawn to scale (1'=20") of the proposed subsurface sewage disposal system and floor plan/plumbln~ schedule to ensure septic tank slzlnq. RIVERSIDE COUNTY FIRE DEPARTMENT _ 210 WEST SAN/ACINTO AVENUE · PERRIS, CALIFORNIA 92370 ~ (714) 657-3183 GLEN J. NEWMAN APRIL 15 1992 FIRE CHIEF TO: CITY OF TEMECULA ATTEN: PLANNING DEPARTMENT RE: PUBLIC USE PERMIT - 5 With respect to the conditions of approval for the above refer- enced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 1. The Fire Department is required to set a minimum fire flew for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 2. Provide or show delivering 2000 GPM operating pressure, combustible material there exists a water system capable of for a 2 hour duration at 20 PSI residual which must be available before any is placed on the job site. 3. A combination of on-site and off-site super fire hydrants (6"x4"x2 1/2"x2 1/2"), will be located no less than 25 feet or more than 165 feet from any portion of the building as measured along approveO vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 4. The reOulred fire flow mav be adjusted at a later point in the permit process to reflect changes in design. construc- tion type. area separation or built-in fire protection 5. 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 redulrements. Plans shall be slgned/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". ~] INDIO OFF1CE 79-733 Courterr Club Drlvt, Suit~ F, lndio, CA 92201 (619) 342~86 · FAX (619) 775-2072 PLANNING DIVISION q 'H~iECULA OFFICE 41002 County Center D~i,tt, Sui~ 225, T~,~ala, CA 92390 (714) 694-5070 · FAX (714) 694-5076 PUP-5 Pg-2 6. Install a complete fire sprinkler system in all buildings. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. 7. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. $. A statement that the building will be automatically fire sprinklered must apprear on the title page of the building plans. 9. Certain designated areas will be required to be maintained as fire lanes. 10. Prior to the issuance of building permits, the developer shall deposit, with the City of Temecula, a check or money order egualing the sum of $.25 per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check fees. 11. F'rlor to the issuance of building permits, the appli- cant/develoOer shall be responsible to submit a check or money order to the Riverside County Fire Department for 01an check fees. please reference plan check number with remittance. Final conditions will be addressed when building plans are revleweO in the building and Safety Office. All Oueetions regarding the meaning of conditions shall be ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner re- Michael E. Gray, Fire Cabrain Specialist MEMORANDUM TO: Public Works Department, Building Department, Community Services Department, Fire Department, School District FROM: Saied Naaseh DATE: August17,1992 SUBJECT: Conditions for Public Use Permit No. 5 The above referenced application was deemed complete on August 14, 1992 and the Planning Department requests conditions based upon the exhibits dated July 21, 1992. Conditions must be submitted on or before August 25, 1992. If you have any questions regarding this project, please contact the Case Planner in the Planning Department at (714) 694-6400. Thank you. S\STAFFRPT\SBOPUP-1 .LTR July 9, 1992 ~em. G. Aidrldge 777- "' :'7' 77 jut. I Holt Group Attn: Greg Halladay 275 North El Cielo Suite D-3 Palm Springs, CA 92262 RE: Proposed Church Site at the Southeast Corner of Ynez Road and Santiago Dear Mr. Halladay: Please be advised that the closest sewer to the above location ends in Santiago approximately 200 feet west of the center line of Ynez Road. Enclosed please find a copy of the District's sewer drawing index. Should you have any questions, please contact this office. Very truly yours, EASTERN MUNICIPAL WATER DISTRICT Pauline White New Business Representative PW:If Enclosure Mail To: Post Office Box 8300 · SanJacinto, California 92581-8300 · Telephone (714) 925-7676 · Fax (714) 929-0257 Main Office: 2045 S. San Jacinto Avenue, SanJacinto · Customer Service/Engineering Annex: 440 E. Oakland Avenue Hemet, CA TER CACTUi P ~ -- CIELO -CAMPO VERDE pRIIVlAVER~ ST DE AZUL RIVERSIDE TRANSIT AGENCY 1825 THIRD STREET · RIVERSIDE. CA 92507-3484 · BUS. (714] 684~3850 FAX [714) 684-1007 June 29,1992 RECEIVED Saied Naaseh City of Temecula Planning Depadment 43174 Business Park Drive Temecula, CA 92590 J U L 0 6 1992 Arts 'd ............ RE: Public Use Permit No.5 - New Community Lutheran Chumh Dear Saied: RTA does not currently provide transit service to the site mentioned above but based on the size of the project and our plans for future transit expansion in Temecula, we are requesting that the following transit features should eventually be included in this project: Transit stop located at: Southside corner of Santiago Road farside Ynez Road This bus stop site is located on the map attached. A bus turnout, it determined by City Traffic Engineer to be necessaW based on roadway cross section, travel volumes and speeds should be provided at the above stop location. The area adjacent to the bus turnout should include a paved passsenger waiting area complete with a bus shelter and bench. Paved, lighted and handicapped accessible pedestrian accessway should be provided between the stop and the project site. Thank you for the opportunity to review and comment on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please let us know when this project will be completed. Should you require additional informabort or specifications, please don't hesitate to contact me. Sincereby~ 'Scott Ricilar'dson Marketing Manager SR/jsc PDEV #180 RECEIVED J U L 0 6 1992 A~'d ..... * ....... / O ::D Rancho Water June 19, 1992 Mr. Said Naaseh City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 SUBJECT: Water Availability Parcel Map 27018 - Lot 2 APN 922-140-010, P. U. P. No. 5 Lutheran Church Dear Mr. Naaseh: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management fights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO r~^ mORNI' W TER ,~AL. ~., n A x DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:SD:aj218/F18~ cc: Senga Doherty, Engineering Technician ATTACHMENT NO. 3 EXHIBITS S~S'r~,FFP, PT~5.UP.PC 25 CITY OF TEMECULA ;ITE CASE NO.: Public Use Permit No. 5 EXHIBIT: A P.C. DATE: September 21. 1992 VICINITY MAP 5/STAFFRpT/SPUp.pC SITE CITY OF TEMECULA SWAP - EX~IIBIT B ZONING - EXHIBIT C Case No.: Public Use Permit No. 5 P.C. Date: September 21, 1992 Designation: 2% Acre Minimum Residential /- / :A-2 Designation: R-A 2% CITY OF TEMECULA -- VALLEJO AYENU~ / CASE NO.: Public Use Permit No. 5 EXHIBIT: D P.C. DATE: September 21, 1992 SURROUNDING LAND USE CITY OF TEMECULA CASE NO.: Public Use Permit No. 5 EXHIBIT: E P.C. DATE: September 21, 1992 SITE PLAN CITY OF TEMECULA VALLJJO AVENUE CASE NO.: Public Use Permit No. 5 EXHIBIT: F P.C. DATE: September 21, 1992 CONCEPTUAl, FUTURE PHASES SITE PLAN CITY OF TEMECULA CASE NO.: Public Use Permit No. 5 EXHIBIT: G P.C. DATE: September 21, 1992 ELEVATIONS CITY OF TEMECULA m CASE NO.: Public Use Permit No. EXHIBIT: H P.C. DATE: September 21, 1992 LANDSCAPE PLAN S/STAFFRPT/BPUP PC CITY OF TEMECULA !! F CASE NO.: Public Use Permit No. 5 EXHIBIT: I P.C. DATE: September 21, 1992 CONCEPTUAL FUTURE PHASES LANDSCAPE PLAN S~5TAFFRPT%SpUppC CITY OF TEMECULA CASE NO.: Public Use Permit No. 5 EXHIBIT: J TENTATIVE PARCEL MAP NO. 27018 P.C. DATE: September 21, 1992 S~STAFFRpT\SPUP PC ATTACHMENT NO. 4 INITIAL STUDY S\STAFFRPT%5PUP.PC 26 Backaround 1. CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Name of Proponent: Address and Phone Number of Proponent: Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: The Holt Group, Inc., for the Lutheran Church Extension Fund The Holt Groul~, Inc. (619) 320-0045 275 N. Cielo.D-3. Palm Sorinos.CA 92262 Lutheran Church Extension Fund 1333 Kickwood Rd., St. Louis, MO 83122 May 17, 1991 CITY OF TEMECULA Public Use Permit No. 5 (New Community Church at Santiaoo and Ynez Roads) Southeasterly corner of SantiaQo and Ynez Roads. Temecula, CA Environmental linDacts (Explanations of all answers are provided on attached sheets.) Earth. a. b. d. Y~S Maybe No Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? __ __ ~ Disruptions, displacements, compac- tion or overcovering of the soil? __ __ X__ Substantial change in topography or ground surface relief features? __ __ X__ The destruction, covering or modi- fication of any unique geologic or physical features? _ _ X__ S\5TAFFRPT~SPUP,PC 27 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? Yq~ Maybe SlSTAFFRPT~SPUP.PC 28 Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species. or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species o[ 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? Ye~ Maybe No S~STAFFRPI'~SPUP+PC 2 g 10. 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? Cm Deterioration to existing fish or wildlife habitat? 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. 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? Y~f Maybe No X S~STAFFRPT~SPUP.PC 30 11. 12. 13. 14. 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? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? YeS Maybe N_~o X X X X X X X X 5\STAFFRPT%SPUPPC 3 1 15. 16. Parks 'or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmental services: Energy. Will the proposal result in: Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Y~ Maybe No _ _ ! X X X 17. Communications systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Yes Maybe No S~STAFFF~PT~SPUP.PC 32 18. 19. 20. 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 Drehistoric 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? 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? X X X Ye~ Maybe S\STAFFRPT~,SPUP PC 33 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 S\STAFFRPT',SPtIpPC 34 III Discussion of the Environmental Evaluation 1.a. 1,c. 1.d. 1.e. 1.f. 1.g. 2.a-c. 3.8. 3.b,c. 3.d. N0, The project in itself does not propose excavation or invasion of significant geologic substructures. Nq, At full realization, the project may involve constructing church-related facilities with any necessary attendant grading and compaction. Due to the limited scale of this potential project, environmental impacts of soil disruption should be insignificant. Nq, Construction pad grading of the subject site is anticipated should construction activities eventually occur on the property in question. Given the project's limited scale, impacts will be restricted to the immediate site. No significant impact. NO., No unique geologic nor physical features exist on the subject site. No. The project, if fully realized, will result in minor overcovering of natural terrain. Substantial increase in erosion of on and off site soil is not likely. N0. The project does not propose elements or activities that will likely modify existing erosion patterns affecting beach sands and river/stream beds. N0: No construction is proposed in known earthquake, landslide, or similar hazard zones. No. The project is of insignificant scale in the context of City-wide and regional development. Ambient air qualities should not be noticeably affected if construction activities eventually occur on the proposal site. N0. No development activities are proposed that could foreseeably impact rivers, streams, ocean beds, inlets or lakes. N~}. Localized runoff patterns may change subsequent to eventual construction activities. However, due to the limited scale of this proposal and relative distance from marine and fresh waters, these ecologic features should not be impacted to any degree of significance. No_. There is likely to be a nominal increase in off-site bodies of water volumes due to increased runoff from the subject site should construction of church facilities eventually occur, No realizable impacts. No. The construction as a result of approval of this project, runoff characteristics of the subject site may be altered, including minor fluctuations in runoff characteristics such as temperature, dissolved oxygen, and turbidity. However, impacts of any significance are unlikely. S\STAFFRPT~SPUPPC 3 5 3.f,g. 3.h. 3.i. 4.a ,c. 4.b. 4.d. 5.a. 5.b. 5,c. 6.a. 6.b. 7.8. NO. Percolation rates of the project site will likely decrease subsequent to eventual construction, thereby decreasing localized ground water recharge rates. However, impacts of such limited potential development will likely be insignificant. N0. Water consumption anticipated which may result from this proposal are insignificant in the context of City-wide development. NO. The project site is not subject to identified flood hazard nor tidal inundation. NO. Subsequent to subdivision of the property in question, and in conjunction with eventual potential construction, native species on the subject site may be replaced with new plant species, i.e., turf, non-indigenous shrubs, trees, etc. Significant impacts are unlikely. No. Endangered/unique vegetative species are not currently present on the subject property. The existing stand of mature trees on the southeasterly corner of the project site will be preserved/relocated in accordance with City ordinance. No. The subject site supports no agricultural crops at present. N0. Eventual construction may displace insignificant numbers of typical native animals and insect species. Environmental consequences will be negligible. N(2. The subject property does not serve as identified habitat for any endangered species of animals or fish. Such species do not currently inhabit the project site. No. Elimination of insignificant habitat may eventually occur should construction eventually occur. No noticeable impacts are anticipated. Maybe. Ambient noise levels on the subject property may increase should NO. Construction activities ensue approval of this parcel map. Long term noise level increases are also a logical consequence of eventual development of the project site. Overall noise level increase are considered insignificant in a City- wide context. NO. Eventual construction subsequent to parcelization of the subject site will contribute only nominally to ambient light levels. NO. The proposed project is allowed with a Public Use Permit in this zone. Proper Conditions of Approval have been incorporated into the project to reduce the impact of this project. No significant impacts are anticipated. S%STAFFRPT~SPUP PC 36 9.a,b. 10.a. 10.b. 11~ 12. 13.a,c. 13.b. 13.d. 13.e. 13.f. 14,a-e. N0. Eventual construction and occupancy of the church facilities, which may result subsequent to project approval, will not significantly affect resource consumption rates. NO, Hazardous substances of any significant quantity are not currently or anticipated, nor are they to be located on the subject site. N0. The project site is not within an identified emergency response/evacuation plan movement corridor. N0, The proposal does not entail addition or deletion of elements associated with regional population growth. N9. The proposal at full realization, will result in the addition of church facilities to serve the region with no direct impact on housing. impacts are insignificant. Maybe. The addition of the church facilities subsequent to full project realization may contribute significant peak volumes to daily traffic to and from the project site. Potential area-wide traffic impacts are mitigated as per the City Engineering Conditions of Approval. Ng: The project will contribute additional site specific parking spaces subsequent to eventual construction activities. Effects on regional parking availability are considered insignificant. Maybe. Traffic will eventually commute to and from a currently vacant lot which will eventually accommodate church related structures. Existing traffic volumes and circulation patterns should not be noticeably affected. Traffic impacts have been assessed and have been mitigated by appropriate Conditions of Approval. Road improvements required of this project are contained in the attached Conditions of Approval. No. Waterborne, rail, and air traffic routes of significance are non-existent in the vicinity of the project site. Mt~yb¢. Potential increases in traffic volumes accessing the project site may eventually increase the possibility of localized traffic hazards. Increases in regional hazards above existing levels are considered insignificant. Localized potential impacts are mitigated through required road and signalization improvements as per the attached City Engineering Conditions of Approval. N_0. All new development proposals eventually increase demands on public services, Such demands are partially mitigated and financed by property taxes, user fees, assessment districts, developer impact fees, etc. Impacts of this individual proposal will not be significant as mitigated by the project Conditions of Approval. 37 14.f. 15,a,b. 16.a-f. 17.a,b. 18. 19. 20.a,b. 20.d. NO. Impacts on other governmental services have not been identified as significant. NO. Eventual construction and occupancy of church facilities should only nominally affect consumption and stores of energy sources. NO. Nominal extensions of individual service lines may eventually be required. Impacts are considered insignificant. NO. The project will eventually result in limited construction activities and occupancy of church facilities; which is not normally associated with the creation of health hazards. Further, no health hazards have been identified on the project site. .N.Q. Identified vistas of significance do not exist in the immediate vicinity of the project site. N0. The project site is not an identified recreational amenity. Further, use of existing area-wide recreational facilities should increase only nominally at full project realization. NO. Due to the disturbed nature of the project site and surrounding area, presence of historic or prehistoric archaeologic resources is highly unlikely. N~. No religious or sacred facilities are present on or in the vicinity of the project. S\STAFFRPT~'SPUP.PC 38 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A 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. September 11, 1992 Date For CITY OF TEMECULA ATTACHMENT NO. 5 CORRESPONDENCE S\STAFFRPT',SPtlP.PC 40 HOPE LUTHERAN RECEIVED APF, G S :932 CHURCH ....>:f 5' EVANGELICAL LUTHERAN CHURCtl IN AMERICA Rev. Lyle W. A. Peterson Pastor April 7, 1992 City Planning Commission 43172 Business Park Dr. Temecula, CA 92590 Dear Members of the Commission, It has been brought to my attention that New Community Lutheran Church of Temecula has plans to build church facilities at the corner of Ynez and Santiago in Los Ranchitos. This property was owned by Hope Lutheran Church during the 1970's with the intention of building our church at that location. However, Kaizer Corporation offered Hope Lutheran property on Rancho California Road in exchange for the church's Los Ranchitos property. At the time, the location on Rancho Califorma Road was a more des'wable location for Hope church so the exchange was made and we are at the location today. I share this information with you to inform you that plans for a church at the comer of Ynez and Santiago were in some of the earliest planning stages of our community. It is even more crucial in this day and age with the difficulties that churches are having in locating affordable property that consideration be given to the planning of locations for church and synagogues in the future. Sincerely, Rev. Lyle W. A. Peterson, Pastor 2'~g'~'/°~ r 676-6262 29385 Rancho California Road Temccula, CAR · or ice: (714) Mailing Address: P.O. Box ~ 1]~10~ Pastor Study: (714) 699-1620 'S 1333 S, KIRKWOOD ROAD · ST. LOUIS. MO 63122-7295 TELEPHONE 1-800-843-5233 314/966-2630 FAX 314/965-2735 March 20, 1992 FAX 714-699-7303 City Planning Commission City of Temecula Temecula, California RE: PIJBLIC USE PERMIT Advance Site #D07-26 NE Cor Ynez & Santiago Rd. Temecula - Riverside County, CA Gentlemen: This is to authorize New Community Lutheran Church - Temeoula, California to represent the Lutheran Church Extension Fund-Missouri Synod as owner/applicant for the Public Use Permit regarding Lot 2, Tentative Parcel Map No. 27018 as it pertains to the above referenced. Very ' , ~. Wendt, Vice President Mortgage Loans & Real Estate sr c: C. R. Fiege Thomas C. Butz Rev. Ken Molnar ¢ LOS RAI~CHITOS HOMEOWN~S ~SSOCIATION PO BOX 471 TEM~CLrLA, CA. 92593 Saied Naaseh, Assoc. Planner City of Temecula 43174 Business Park Drive Temecula, CA. 92590 May 13, 1992 RE: CHURCH BUILDING IN LOS RANCHITOS Dear Mr. Naaseh, The Los Ranchitos HOA appreciates very much the City Staff effort to confront the church building issue with us before the political process has to begin. Here is the issue list we discussed forwarding to you for your project summary. Also enclosed for your information is a copy of our comments and concerns with regard to the Proposed Master Plan. Maybe this additional information could give you more insight as to what homeowners in Los Ranchitos would like to see planned for the community in the future. We look forward to meeting with you again, when the church has submitted a revised proposal. Los Ranchitos homeowners' aim is not to be a thorn in the side of this church proposal, but to protect the rights of the individuals who comprise this neighborhood. We seek the City's support of our efforts as we feel Temecula will ultimately gain the many qualities of an outstanding city in the process. Contact persons for additional information or meeting times are Rebecca Weersing @699-7814 or Nayree Davis @ 676-2466. Thanks again for addressing our concerns. Sincerely, The Board of Directors Los Ranchitos Homeowners Association CHURCH ISSUES Reasons Not To Have A Church There At All: 1. Los Ranchitos CC&RS specify single family residential only. 2. Concern for the tax base for the City of Temecula allowing so many churches to relocate in the city. (See the material we left with you at our meeting: a directory listing of already existing Temecula churches.) 3, Master Plan at this time proposes these three lots as "Very Low Density" single family residential. 4, Another church on Santiago will make a Church Row, especially with two very large churches within 1/2 mile on Vallejo and La Paz. 5. This proposed church's plans for the use of the three lots they own in Los Ranchitos do not so far make good use of the sight, 6. When the church applied to split one lot into three, we understood they would resell for three single family homes. 7. We need to prevent a precident from being set for other parcels in our neighborhood. 8. We already have one church, Rancho Cosunity Church, in the neighborhood. This church was provided for in Kaiser's master plan years ago. 9. Homeowners blocked the proposal of the Hope Lutheran Church two years ago. Hope Lutheran pulled out because they did not want to be unwelcome. 10. A majority of Los Ranchitos homeowners are opposed to a church here. Additionally, five out of the seven most adjacent homeowners are opposed to the plan. 11. Part of our own Master Plan proposal includes a gated style entrance at the corner of Ynez/Santiago. Without the church's cooperation this would not be possible. 12. Traffic speeds are already unsafe for homeowners along Ynez when they enter or exit their properties. A church would bring additional traffic to escalate the problem. 13. Egress for a church would bring church traffic onto Santiago and or Vallejo, both quiet neighborhood streets. 14. PAI~KING is a real problem at the existing church. People park at the closest entrance without consideration for homeowners. Even with revised plans, how would any other church prevent this problem? Page 1 Concerns for Homeowners If A Church Is Permitted Bv A CUP: A. Church's lack of concern for the individual rights of all Los Ranchitos homeowners provided for in CC&Rs to maintain single family residential dwellings. 1. Parking along our residential streets. 2. Increased traffic, noise, night lighting, and trash. 3. Architectural inconsistencies with ranch style residences. 4. Poor planning and use of lots. 5. Lack of specific provisions for buffers, fencing and landscaping. 6. Lack of maintainance of rural aesthetics such as no curb or gutter. 7. Unknown long term plans such as a school and total build out time frame etc. 8. Egress from which street? Safety of egress for neighbors. 9. Neighborhood entrance statement could be lost. 10. If the church does not plan on occupying all three lots, what are their intentions for the use or sale of the other ones? 11. Continued or worsened drainage problems at the corners of ¥nez/Santiago and Ynez/Vallejo. 12. Removal of full grown Eucalyptus trees on corner. Page 2 LOS RANCHITOS HOMEOWN~MS ASSOCIATION PO BOX 471 TEMECULA, CA. 92593 Mr. Thomas Butz Lutheran Church Missouri Synod 1530 Concordia Dr, Irvine, CA. 92715 May 13, 1992 RE: Church building in Los Ranchitos Dear Mr. Butz, The Los Ranchitos HOA recently received notice by the City of Temecula of your local church's application for a Conditional Use Permit to begin building a church. The City would like to help mitigate any concerns of ours before the public hearing process begins. A copy of our homeowners' concerns are enclosed for your information. They were also sent to the City Of Temecula. You should be aware that the Board of Directors of the Los Ranchitos HOA is attempting to assist hOmeowners in finding an amiable resolution to the problem your intended church development is posing for homeowners. However, you should also be aware that the rights provided by Los Ranchitos CC&Rs, including the prohibition of any development other than single family residential development, belong to each individual property owner. You also need to know that we are finding substantial homeowner opposition to commercial and church development because it is in direct violation of the CC&Rs which govern property owners in Los Ranchitos. Sincerely, The Board of Directors Los Ranchitos HOA 28920 Vallejo Avenue Temecu!a, CA. 92992 March 14, 1992 Rebecca Weersing P.O. Box ~?1 Temecula, CA. 92593 Dear Rebecca, REF: Los Ranchitos Homeowners Board Meeting ~n~ch 12, t992 As you requested, we are forwarding information relative to the notes had made al referenced meeting: ~-fe will take pictures of traffic and ~!~ ~+,,~ ..... Val!ejo Avenue in area of Community Church on Sunday, ~rch 22, 1992 and forward same to you. Two Church Guides are enclosed; however, they are paid adver- tisements and do not reflect the true number of churches in Temecu!a. Therefore, we have enclosed a list of ONLY 7emecu!a churches (37) taken from the telephone directory, which ~ay not include additional new arrivals. '?Ynen compared zo the number of churches listed for other com- m'~nlties - such as Murietza, Wildomar, The Oaks, Canyon Lake, :4enifee and possibly, E!sinore ~ we have by far the most churches in the region. We are supplying, as a city, a tax-free service to ~he entire rezlon. ~e them start Za~ting care of their own ~ ~ t's let - enough is enough! Each zZ~e 7emecula pe..~mlts ar~other church to operate in our ~--I ~' loses income ~- t x mh~ ..om its a base .... church currently proposed will remove three (3) two-and-one-na!f (2½) acre par- eels from its tax rolls and bring additional ousiders into the com. z'~nity and on zo our already over-crowded streets. The article concerni,~ Rancon's proposed deveiopmenZ in Homer (reducing f=ve- r , z ace parcels to one-acre parcels) is enc!ose~. It might be worth of note...at one point - approximately a year ago - Steve Snow, of Rancon, who o~ns the vacant parcel on Vaiiejo Avenue (with the creek bed rur~,ing Zhrou~ht it), offered it for sale advertising it as a possible use for a mortuary or nursery. Thanks Zo Don RonrPacher, who got on his case, signs disappeared! Regarding C.C. & R's: Joan Sparkman spoke at one of our L. R. Homeowners meetings regarding possible p!acemenz of a church on Va!lejo Avenue. ~Ynen questioned...'Why noz place it in Meadowview where YOU live?' she said their C.C. & Rs. wouldn't permit it!! Le~'s get a copy of Meadowviews C.C. & Rs. before we rewrite ours. We gave a copy of the Canyon Lake C.C. & Rs. to Tim De!aney when he was on the board. Suggest someone check to see if he still has ~hem. Sound barriers on Highway 15 in area of Highway 79 - facing Los Ranchi~os properties and Community Church. Teri will con~ac~ Ca! Trans regarding barriers and if neces- sary, take some pictures of other areas like ours where Ca! Trans has erected fairly go~-looking walls. Pictures may be of help if we later wish to make a presenZaZion to Cal Trans and/or Temecu!a City Council...Sometlme in the future. Also enclosed, the ar~ic!e from L.A. Times newspaper written last November where former City Council member Zakes a shot a~ the Council regarding development. It also mentions some residents dissatisfaction over gro~h, crime, smog, gangs and traffic. Hooe all ~h~ these arid zhose may be of some help! Haszi!y, bu~ sincerely, The Halls / jLm & Teri cc: file - 2 Ch!jP, CHES KNOWN TO BE !N THE TE.~ECULA AREA iof; I. Calvary BabZist church of Temecuia 30187 Nicolas Rd. & Ca!ie Medusa 969 - 8700 2. Calvary Chapel of Rancho Catif. 28373 Felix Va!dez Rd. 694 - 87~5 Calvary Chapel of Temecu!a Valley 27462 Enterprise Circle West 699 - 0553 4. Cen~er o Enrichment f r Life ~1782 Enterprise Circle So., Ste. 'F' 696 I'~a3 5. Church of Christ 676 - 7728 6. Ed Dufresne Ministries (AKA: World Harvest Outreach) ~1769 enterprise Circle 694 - 8799 Fellowship Communi3y Church 2757~ Commerce ,Center Dr. First Bab~isZ Church of Temecu!a 42101Moraga Rd. 699 - 742O 699 - 5~38 9.:hurch of Religious Science of Temecuia 2580~ Murie~Za Rd. 698 - 0838 Harvester Church of Temecu!a ~m613 ,Sa!ie Arna: 676 - 582~ 11. His Church Christian Center 27780 FronL S~., SLe. 1 8208 Hope Luteran Church ~a38= Rancno o ~ ~ .... -6262 jesuscristo E1 La Respuestra 42101Moraga 59~ - 5551 3192 of 3 14. Lamb ' s Fellowship 27570 tomm, eree CenZer Dr. 15. Las Brisas Bible Fellowship 28131 =ron5 Stree~ ~aa _ 3511 16, Lutheran Church of the New Comm~,.~ni~y 27393 Ynez Rd. 699 - 9910 (A) New Comunity Luteran Church (LCMS) 31555 Rancho Vista Rd. & Margarita 676 - 1~92 18. New Life Counseling (independen= Fundamn~a!) 418~5 Fifth St. 676 - ~a58 19. New Covenan= Fellowship 2803C Del Rio Rd. 676 - 8852 20. Oak Springs Presbyterian Church ~17a5 Rider Way 677 - 3532 21. Presbyzerian Church of Temecula Spar~man Elementary School Margarlic Rd., 1 btk. No. of Hwy. Corr: 39918 kmber!y Circle 79 695 - la~= 22. ~aneho Babzist Church 29775 Santiago Rd. 676 - 291q 23, Rancho California church of :he Nazarene ~ Clubhouse :rive 699 - 7262 2Z. 699 - 3230 Rancho Co.,%:,lr. izv n~,,.~ 2914n Vallejo Avenue 676 - 3571 3/92 :of3 CHURCHES P:.~!Ot,.~! TO :-E !T'! THE TEFE=C'F..A AREA (Con: 'd. ] 26. Rar~cho-Tmeecu!a Bible Church 29825 Santiago 676 - 4021 27. Seventh Dsv Adventfist / Pastor: Harris Mu!!en Meets at: Hope Luteran/~ncho Calif. Rd. (Across from Target) 676 - 1886 676 - 9610 28. So. Calif. District Church of the Nazarene 28999 Front Street 676 - 1611 29. St. Anthony's Catholic Church n1875 'C' Street 697 -4~03 30. St. Thomas Episcopal Church 31~30 La Serena Way 679 - 0757 ~, Temecula Valley Community church 27~75 Commerce Center Drive 699 - 5795 32. Temecu!a =van~~=~-~ Free Chur ! 27~75 Commerce Center Drive 676 - 3705 =~ Temecula nn~-e~ Methodist ,u ~=~ jefferson 676 - 1800 3n. Temecu!a Valley Christian Center ~1300 ~usiness ?~n~ D-ire 695 - 1123 Temeeuia V~=:~v House of Praise 42~ 11 Avertida All;arado 676 - 1388 :; Va!!ev Cbtistian Fellowshis 28aa1 Felix Va!Cez ld. e,~ - 2550 Vineyard Christian Fellowship 2-Z753 Via Plon:ezurz 676 - 3882 3192 LOS RANCHITOS HOMEOWrazKS ASSOCIATION PO BOX 471 ~[,EKECU[.A, CA. 92593 John R. Meyer, AICP Senior Planner 43174 Business Park Drive TemecUla, CA. 92590 May 13, 1992 Dear Mr. Meyer, Thank you for taking the time to meet with three Los Ranchitos homeowners last week to discuss the proposed Master Plan Draft and how Los Ranchitos fits into the overall plan. Los Ranchitos homeowners are very pleased with the Proposed Master Plan continuing a designation of Very Low Density for our portion of the plan. However, we have outlined a few concerns and corrections for you to review and consider in the next revision of The Plan. The majority of our community supports the issues we have presented here. We feel all these issues together help to preserve our rural designation and improve property values for ourselves and ultimately improve and benefit the City of Temecula. A handful of Los Ranchitos property owners would like to sell their parcels for commercial uses. However these owners knowingly purchased their properties with conditions, covenants and restrictions against commercial uses. The Board of Directors of the Los Ranchitos HOA is attempting to assist homeowners in finding an amiable resolution to the problem intended commercial development is posing to the neighborhood. However, you should be aware that the rights provided by Los Ranchitos CC&Rs, including the prohibition of commercial development, belong to each individual property owner. The majority of Los Ranchitos property owners are aware of the many constraints of the borders of this neighborhood. Additionally, most are in favor of maintaining the current borders for the residents of the future. We are finding substantial homeowner opposition to commercial development because it is in direct violation of the CC&Ps which govern the property owners here. * Homeowners in Los Ranchitos seek the City of Temecula's assistance in protecting our borders through the Master Plan process. We look forward to meeting with you again in the future to discuss some of the specific issues which follow. Please a~vise us of any other steps we may take to cooperate with the City in this Master Plan process. Contact persons are Nayree Davis @ 676-2466 Or Rebecca Weersing @ 699-7814. Sincerely, The Board of Directors Los Ranchitos Homeowners Association LOS RANC}{ITOS HOMEOWNERS ASSOCIATION PO BOX 471, TEMECULA, CA. 92593 COMMENTS AND CONCERNS TEMECULA MASTER PLAN Issue 1-Corrections Five Los Ranchitos parcels are currently showing incorrect color codes on the Preferred Land Use Plan Draft. (The Draft which is for view and sale at the front desk, also presented on 4/16/92) 1. Assessors parcel number iS incorrectly coded as a Public/Institutional Facility (blue.) It should be coded Very Low (light yellow.) The parcel is on the southwest corner of ¥nez and Santiago, and is currently part of a 2 1/2 acre single residence. La Petite Academy is adjacent to this site. 2. Assessors parcel number is incorrectly coded Highway/Tourist Commercial (darkest red.) The city changed its zone on March 24th to Neighborhood Commercial (lightest pink.) This parcel is located on the southeast corner of Margarita and De Portola. 3. AsSeSsors parcel number is incorrectly coded Highway/Tourist Commercial (darkest red.) T~is parcel is an undeveloped RA 2 1/2 lot and should be coded Very Low (light yellow.) This parcel is located on the west side of Jedediah Smith at Hwy. 79 south. 4. Assessors parcel number is incorrectly coded Highway/Tourist Commercial (darkest red.) A home currently occupies this RA 2 1/2 lot. It should be coded Very Low (light yellow.) The parcel is located on the east side of Jedediah Smith at Hwy. 79 south. 5. Assessors parcel numbers are incorrectly coded as Very Low (light yellow.) This 'parcel is the home of Rancho Community Church, and should be coded Public/Institutional Facility (blue.) Please note that all five of these parcels are currently subject to the Los Ranchitos CC&Rs. Issue 2-CC&R Jurasdiction Assessors parcel numbers are both currently subject to the Los Ranchitos CC&Rs. Neither property owner has sought the legal approval of any of the other individual community members to have commercial zones. Onlv the city of Temecula recognizes these two parcels as commercial in this proposed plan. Issue 3-Recreational Trails We have an existing Horse Trails System throughout Los Ranchitos that we would like to have incorporated into the City's new Parks and Recreation "Recreational Trails System." Maintenance, mapping and use, especially where our trails connect with other city trails would greatly enhance the whole Temecula trail system. Los Ranchitos trails help make us a unique community as well as adding a special quality to the city and its newly planned trails. A map of our trails is enclosed. Issue 4-Roads YNEZ/DE PORTOLA COR~RIDOR: Our first choice would be that Ynez/De Portola remain a 2-lane road between Santiago and Margarita. Additionally, we would ultimately request a speed limit no higher than 45mph and stop signs placed at La Paz/Ynez and Jedediah Smith/De Portola to slow traffic through our neighborhood. Even though a recent traffic study at these locations did not meet city standards for placement of stop signs or reduced speed limit signs along the Ynez/De Portola Corridor, many hOmeowners feel unsafe turning into Or out of their driveways due to the excessive speed of people using this road to "pass through." VALLEJO: Vallejo Avenue between La Paz/Vallejo and Ynez/~allejo (near Rancho Community Church) has no speed limit posted and a dangerous curve. People use this street as a cut through to Hwy 79 south and also to get to the church. A speed limit of 25 mph should be posted here since it is a residential street, has a dangerous curve and a school housed in the church. Additionally, neighbors near the church would support the placement of "NO PARKING" signs on their easements to help ak~te the problematic parking problems associated with the church's school and its other activities all week long and on Sundays. HIGHWAY 79 SOUTH: We are fully aware of the impact of the widening of Hwy 79. Our concerns lie in the access points into Los Ranchitos at La Paz and Jedediah Smith. These were originally designed to be entrances into the neighborhood, not throughways and shortcuts to other places. Given the proposed improved circulation elements throughout the city, such as widening Margarita, the Old Town back loop, additional overpasses etc., we respectfully request that the smaller, neighborhood style entrances of La Paz and Jedediah Smith be preserved to discourage routing through Los Ranchitos. Also, assuming the continuance of Lowest Density Residential along this strip, can a buffer zone such as landscaping or walling be provided for in the widening of Hwy 79 South? WOODEN STREET SIGNS: The city holds a certain western style and rural flavor which it seems the Master Plan is trying to maintain. The wooden street signs of several Temecula neighborhoods should be included in any planning efforts since they obviously are harder to obtain and costlier than plain metal signs. Los Ranchitos is one Of the communities which takes pride in its unique wooden street markers. PALA ROAD: Los Ranchitos would not support any effort to re- align Pala Road at an intersection with Jedediah Smith. (If this becomes and option) Once again, this would create a reason for non-residents to cut through the neighborhood. COUNTY MAINTAINED ROADS: We support the continued rural (no curb and gutter) less wide, less travelled use of Santiago and John Warner Road. Further, we would support any effort to avoid the punched through completion of Santiago Road. However, several of our residents experience severe drainage problems at their properties because of changes "up the street." Orange sandbags are the norm along with roadside silt because of poor maintenance etc. Be it the County or the City, we have neighbors who need help now in getting these drainage problems cleaned up. INTERSTATE 15: Residents in Los Ranchitos near the 15 Fwy would ultimately request a freeway block wall along the portion of the freeway which is adjacent to LoS Ranchitos. Do you have suggestions of how to get such a beast or is this a city issue? Issue 5- Opportunity Area #4 Los Ranchitos would support the proposed "Professional Office" designation in the proposed "Opportunity Planning Area #4" along Hwy 79 South with the condition that no access is made available to this commercial office designation from any road within Los Ranchitos. Any access points should be made from Hwy 79 only. Secondly, we would request fully landscaped, walled, buffers between Los Ranchitos residents and any proposed office buildings. We are very much in favor of this being an opportunity area where the city can place architectural, buffer, access, and style requirements On any development abutting the neighborhood on this strip. / RECEIVED 5EP 1 ? i992 ~,~ ............ ATTACHMENT NO. 6 MINUTES FROM THE AUGUST 5, 1991 PLANNING COMMISSION MEETING S~STAFFRPT~SPJP.PC 4 1 Commissioner Blair made a motion seconded by Commissioner Ford to: 11.1 Close the public hearing. 11.2 Adopt a negative declaration for Tentative Parcel Map 27018 11.3 Adopt a resolution entitled: With a change to Condition #41. RESOLUTION NO. 91-76 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 24172 TO SUBDIVIDE A 5 ACRE PARCEL INTO EIGHT PARCELS SITUATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN PAUBA ROAD AND SANTIAGO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-060-002. The motion was carried by the following vote: AYES 5 COMMISSIONERS: Blair, Fahey, Ford, Chiniaeff, Hoagland NOES 0 NONE 12. TENTATIVE PARCEL MAP NO. 27018 Proposal: Subdivision of 7.7+/- acres into 3 parcels averaging 2.5+ acres, Southeasterly of Santiago and Ynez. Oliver Mujica provide the staff report and recommended approval being consistent with SWAP guideline and zoning. It has been conditioned that prior to recordation a Geotechnical report is required. Chairman Hoagland opened public hearing at 8:45 Tim Holt, Architect for Applicant, 275 N. El Cielo, Palm Springs, Ca. representative for Lutheran Extension Fund, stated he concurs with staff report. Wanted clarification of some items. Mr. Pike, architect, 275 N. El Cielo, Palm Springs, Ca. stated he sent letter July 23 to Robert Righetti, Engineer, City of Temecula. Expressing his concerns over some conditions and said he worked with staff to resolve them. Ib/~CU,,n,'OeOS91 11 Donald Rohrobacker, 44281 Flowers Drive, Los Ranchitos Homeowner's representative approves subdivision because 2-1/2 acre lots would be continuity if they use as residential lots. Ken Molnar, Minister New Community Lutheran, 31505 Ave Del Reposo, Temecula, supports project approximately 50 people in audience stood at his request in support. Janice Duncan, 30890 White Rock Circle, Temecula, supports project needs youth and teen progains. Against Project: Rebecca Weersing 41774 Yorba Ave., Temecula, in favor of 2-1/1 acres. Not in favor of church, sidewalks incompatible with rural, trees would have to be taken down. Lennie Pechner 30092 Santiago Rd, across from Parcel 3. Signal 3 months old, would be opposed to assessment district. No objection to split parcel into three not rezoning property. Gary Thornhill gave clarification that request is to subdivide only. Sue Nemeyer, 29962 Santiago Rd., directly Across road. Is opposed to church. Tim Holt rebutted rezoning. Public use at later time, He understands that at this time it is just parcel split. Commissioner Fahey said that there aren't any good standards for rural areas. We should require road improvements consistent with rural area. Commissioner Chiniaeff feels that this project is consistent with zoning that the parcels are appropriate for this zoning. At future use further conditions would be added. Chairman Hoagland asked if churches are a permitted use in RA 2-1/2 Gary Thornhill replied that all churches must come in for review, CUP, PUP etc. Commissioner Blair made a motion to close the public hearing at 8:55 seconded by Commissioner Chiniaeff Ib/~CMen/O80591 t 2 12.1 Adopt a negative declaration for TPM 27018; and 12.2 Adopt a resolution entitled: Commissioner Hoagland asked the standard language be added, that the conditions attached also be added to the motion. Commissioner Blair, seconded by Commissioner Chiniaeff amended the motion for that addition. The motion was unanimously carried to adopt: RESOLUTION NO. 91-77 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 27018 TO SUBDIVIDE A 7.7+/- ACRE PARCEL INTO 3 PARCELS AT THE SOUTHEASTERLY CORNER OF YNEZ AND SANTIAGO ROADS. AYES 5 Blair, Fahey, Ford, Chiniaeff, Hoagland NOES 0 None 13 PLOT PLAN 235 Proposal is for a class II Dog Kennel, Cattery and Grooming Shop Northside of Las Haciendas Street Between Front Street and Del Rio Road. Commissioner Chiniaeff announced conflict and left stage at 9:00 due to conflict of interest. Oliver Mujica gave staff report and recommended approval of project. Chairman Hoagland questioned what classified this as Class II, Oiiver answered the number of animals, and type of use over night boarding etc. Chairman Hoagland opened public comments at 9: 10. Carol Dittmer, 41395 Calle Toledo, Temecula, applicant Fully concur with recommendations. Jim Kennington, 4099 Citrus Drive Fallbrook, Owner of property spoke in favor. They are existing tenants as dog grooming and Ib/PCM,n/Oa0591 13 ATTACHMENT NO. 7 LOS RANCHITOS CC&R'S INFORMATION S\STAFFRPTtSPUP.PC 42 LEGAL ASSESSMENTS CC&R's/LOS RANCHITOS HOMEOWNERS ASSOC. NEW COMMUNITY LUTHERAN CHURCH P.O. Box 653 Temecula, California 92592 . ¥~a, x.,.. L~. ~=.. CRL~ /OH~,' WFVTHUR. LI..M New Community Lutheran Church Attention: Building Committee P. O. Box 653 Temecula, California 92592 Re: CC&R's/Los Ranchitos Homeowners Assoc. Dear Members of the Building Committee: Please be advised that I am in receipt of two letters from the Los Ranchitos Homeowners Association addressed to Mr. Thomas Butz and Saied Naaseh respectively both dated May 13, 1992. Section 4.07 of the Declarations of Covenants, Conditions and Restrictions recorded on October 11, 1966 as Instrument No. 100757, which was not impacted by the Amendment to Declaration of Covenants, Conditions and Restrictions dated September 5, 1967 and recorded on September 22, 1967, in pertinent part provides: "4.07 Building Regulations· Any building or structure of whatever type shall be properly maintained. No building or other structure shall be built or erected unless the building or other structure is of a quality usual and customary for that building or structure and of good quality and design. No building, structure or improvement shall be built or erected until the plans for such building or structure shall have been approved in writing by the Architectural Control Committee as provided in Article 6.02." Section 6.02 o[ the Declarations of Covenants, Conditions and Restrictions recorded on October 11, 1966 as Instrument No. 100757, which was not impacted by the Amendment to Declaration of Covenants, Conditions and Restrictions dated September 5, 1967 and recorded on September 22, 1967, in pertinent part provides: 1. Establishment of a five (5) member Architectural and Environmental Control Committee ("AECC"). 2. Majority of AECC members may designate representative to act for AECC. Record owners of majority of lots located within the Property shall have power to change membership in the AECC or restore to the AECC any of its powers or duties. Page Two of Three 4. AECC's approval or disapproval as required in covenants shall be in writing. IN THE EVENT THE CO~{MITTEE OR ITS DESIGNATED REPRESENTATIVE FAILS TO APPROVE OR DISAPPROVE PLANS AND SPECIFICATIONS WITHIN THIRTY (30) DAYS AFTER SUCH PLANS AND SPECIFICATIONS HAVE BEEN SUBMITTED TO IT, APPROVAL WILL NOT BE REQUIRED ~ SUCH PLANS AND SPECIFICATIONS SHALL BE DEEMED APPROVED AS SUBMITTED. No building, outbuilding, fence, wall or other improvement shall be erected, placed, added to or altered on any lot until the constructions plans and, as to buildings and outbuildings, specifications drawn by a duly licensed engineer or architect and a plan showing the location of the building on the lot have been approved by the AECC as to the quality of workmanship and materials, harmony of exterior design with existing structures, location, enhancement or detraction from the value of surrounding lots and general aesthetic appearance. It is my understanding that construction plans and specifications drawn by a duly licensed engineer or architect and a plan showing the location of the buildings on the lot owned by New Community Lutheran Church ("NCLC") were hand delivered to the AECC representative on February 3, 1992. (See Exhibit A attached hereto.) It is also my understanding that no written approval or rejection was received by NCLC from the AECC and therefore paragraph 5. above applies. NCLC followed the guidelines set forth in the CC&R's and as a property owner it has rights just like any other property owner. NCLC is entitled to rely on the procedures set forth in the CC&R's for building and construction approval. Thus while NCLC certainly will want to work with the ~ssociation, it has complied with the CC&R procedures concerning approval of its plans and the Association does not have the legal right to object to the plans at this time. There were procedures available to the Association which it chose not to follow. I might also add that, Section 7.01 of the Declarations of Covenants, Conditions and Restrictions recorded on October 11, 1966 as Instrument No, 100757, was amended by the Amendment to Declaration of Covenants, Conditions and Restrictions dated September 5, 1967 and recorded on September 22, 1967, and said section now provides: Page Three of Three "7.01 Permitted Operations and Uses. Unless otherwise specifically prohibited herein, any agricultural operation or single-family residential use will be permitted if it is performed or carried out so as not to cause or produce a nuisance to adjacent lots. Commercial uses permitted under the County of Riverside zoning classification C-P, as amended from time to time, shall also be permitted." As I told you before, I have not reviewed zoning classification C-P, but it is my understanding that your architect has and feels that your project falls within the scope of zoning classification C-P. Open communication is the best solution to avoid problems with any homeowner association. Trying to obtain a win-win solution for everyone wins in the end. I look forward to working with the Building Committee in pursuit of its endeavors. May the Lord's blessings be showered upon this endeavor. Please call me with any questions. Sincerely, hur, LL. M. cJw/lp encl. PROOF OF SERVICE I, the undersigned declare: That I am, and was at the time of the papers herein referred to, over the age of eighteen years. My business address is I served the following document(s): BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on 1992. It was deposited with the U.S. Postal Service on that same day in the ordinary course of business. BY PERSONAL envelope addressed as the party named above SERVICE: I placed a true copy in a sealed indicated above and such envelope by hand to ~ J 5 ~ ~ 1992. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ~ ~ ~ ~ , 1992 at ~o e~ California. ~/~ ~ HOPE LUTHERAN CHURCH EVANGELICAL LUTHERAN CHURCH IN AMERICA Rcv. Lyle W. A. Peterson Pastor April 7, 1992 City Planning Commission 43172 Business Park Dr. Teme~ula, CA 92590 Dear Members of the Commission, It has been brought to my attention that New Community Lutheran Church of Temecula has plans to build church facilities at the corner of Ynez and Santiago in Los Ranchitos. This property was owned by Hope Lutheran Church during the 1970 's with the intention of building our church at that location. However, Kaizer Corporation offered Hope Lutheran property on Rancho California Road in exchange for the church's Los Ranchitos property. At the time, the location on Rancho California Road was a more desirable location for Hope church so the exchange was made and we are at the location today. I share this reformation with you to inform you that plans for a church at the comer of Ynez and Santiago were in some of the earliest planning stages of our community. It is even more crucial in this day and age with the difficulties that churches are having in locating affordable property that consideration be given to the planrang of locations for church and synagogues in the future. Rev. Lyle W. A. Peterson, Pastor 29385 Rancho California Road Temecula. CA ~23~0 . Office: (714) 676-6262 Mailing Address: P.O. Box ~.+'~ ,~ IC~ ~'~' Pastor Study: {714) 699-1620 PROOF OF SERVICE I, the undersigned declare: That I am, and was at the time of the papers herein referred to, over the age of eighteen years. My business address is ~e~aCo~u~,~ ~1~- ~o,~ on addressed as I served the following document(s): -- L_~.~%c~e~ ~C~" follows: ~ ~U~b ~ BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on 1992. It was deposited with the U.S. Postal Service on that same day in the ordinary course of business. ~ BY PERSONAL SERVICE: I placeda true copy in a sealed envelope addressed as indicated above and such envelope by hand to the party named above ~ ~ 5 ~ ~ 1992. I declare under of California that the foregoing Executed on ~'~ ~ ~ ~ California. penalty of perjury under the laws of the State is true and correct. 1992 at ~7: ~0 e~A VANCE HINP, Ic~'Hs April 9, 1992 TO: Whom It May Concern FROM: Vance Hinrichs ~LE~. Attached is a copy of the Amendment fo the CC&R's for the Los Ranchitos project as executed on September 5, 1967. It specifically amends the use of Lot 86 by permitting Commercial Use on this property. Note in particular that Lot 86 is uniquely excluded from the residential limitations imposed on other property in the Los Ranchitos development. It may also be of interest to note that a former Home Owners Association officer identified these lots as the only property that would be able to accommodate a church, because of the amended CC&R's. He indicated that the change was specifically made to permit placement of a Lutheran Church on that location many years ago. Use of this area by the church rather than commercial retail or commercial office use is totally consistent with the original intent of the approved and recorded amendment that is attached. Attachment: Amended CC&R's Parcel Map 14078 showing Lot 86 BAY COLONY EXECUTIVE CENTER · 8777 E VIA de VENTURA. SUITE 290 SCOTTSDALE. ARIZONA 85258 T THE LUTHERAN CHLsRCH-MISSOL'RI SYNOD April 10, 1992 Building Committee New Community Lutheran Church P. O. Box 653 Temecula, CA 92593 Re: Covenants, Conditions & Restrictions Los Ranchitos Homeowners' Association In'me, Cahforn~a 92'1=, 3203 Thorna,s C. Butz, IJ^B.. M.A. Assistant to file Prestdenl Gentlemen, Please be advised that our records indicate that the C.C. & R.s for the area that today includes the Los Ranchitos Homeowners' Association were amended and recorded, as amended, on September 22, 1967. (See Attachment 1) Likewise at the time of a subsequent transfer, the Los Ranchitos Homeowners' Association specifically agreed to, and had recorded, an Assignment and Assumption Agreement concerning the commercial nature of Lot 86. (See Attachment 2} In order to complete your files we are pleased to enclose copies of the two aforementioned attachments. If there are parties refernng to "residential limitations" on Lot 86, they should be referred to these two documents which specificall3' exclude Lot 86. which encompasses the three parcels ~hich are contained in 3our subdivision, from said limitations. If you have any questions, please feel free lo contact me. Yours truly, Tho~ Business Administrator (TRACT NO. 3553) THIS A~t~N~ItT TO D~CUM~TIOH O~ COVENA~iT8, CONDITZON8 AND R~BTRICT.I~NB, made =h&s _~Sth clay of September , 1~7, ~y RANC~O CALI?ORZ~A. a partnership, comi~sed of Temecula Znveicmen~ Company. a California corporation; Temecula Proper~ies, Znc., n CaZifo=nl& corporation/and Xaiser Kancho C&~ifornia, Inc., California cor~oration, &a partr~s=l (herein&fret teEerred co as CalL~o~n~&, w~,~ch Notice o~ Add',cion of Terz~o~y added cor~n '4.05 Signs, All eign~ on Lot 86 shill only 4, with tempeot to ~ot B6, the rollowing ~hall bo ,ddod =a ~rticle 4.08(d) o£ the Peclatetion; "(d) Ptovllion shill be made Cot adequate parksnil ~Lrchitectural control Co~ttee with any building plans." 5. With respect to Lot 86, the rollwing shill be ~ddod ~ut81 Woduc~s on ally lo~," o~ Covenants, Condic~ns and Restrictions e~rme~ ~d aFproved. a RANCHO CALZFOPaIA, a partnership (SEA/,) 0 ~Y ~~N~ _. WUPNESS my hand and otficieZ meal. Homo (T~md or (SEAb} STATE OF C, ALIFORNIA ) SS. COUNTY OF Alam¢0u ) _ ~ , _'_'._::'_'i::','_ (SEAL) -- T END RECORDED []OCUMENT. W. D. BALOCH. COUNTY RECORDER Tamecalla. California g2390 ASSIGh~NT AND ABSU~i~TION AGP, EE~ENT THIS ASSXGhI~ENT AND ASSUHPTXON AG~EN~ZNT dated as of December 30. L980. between F. ACOR REALTY. INC.. a CaLifornLa corporation, quccessnr In interest co Rancho CaZifornia, ·partnershLp (herctnarcer re[erred co nIa corpurarton r a r to as "ASSIGNEE"). 14ITNESSETH: WHEREAS. ASSIr;NOR'S predecessor in interest exetuced e DeclaraLlon of Covenants. Conditions and Restrtcb£one dated SeT, tember 30. 1966. with respect to Lots 1 through 102 Ln Tract No. 3552. s~ shorn on a map recorded October 5. ~966. as Document Nu. 98816. in Book ~6. Pa~es 63 through 66. of M~sce/Xaneous Mope. Re~or~ oE RLverstde County. Call/ornia, which Declaration was recorded on October ~°66. as ln=trdment Nu. 100/~7. of Of[~claZ Records of Rivermade County, California (herelneftar referred to as the "Declaration"); and WllEREAS, the DeclaratiOn wee amended by a Notice of Addition of Territory dated Au use 24, 1o67, ~nd t CaliEornla. ~o include Lotm I Chruu~h 3k ut Tract Nu. 36~b. am ,ho~ .~n a mlp recorded September 20. lgG am Document Jo. 82G5 . in Book . 6 ~7, P~ae 86 and ~7. of HLmccllmneoum Nmpm. RecorJ~ nf ~LvcrsLde recorded September ... 1967. am Instruant No. ulYO~. o. Of~icial~ ~II~K~S, the Declaration was .mended by m Notice o{ Addition of Territory dated Hay 1~, 1968, and record&J on In.cr~nent No. 8077~, o~ O{{~c~al Records ~( R!verm~de County. Caligornla. Co Include Lore Pa~e i of 3 WEKEAS, ASSZGNOK desires Co mss~gn CO ASSZGNEE a~l off LOs rlKhcs ~4HER~AS, ArcLuZe VZZi, SecCLon 8,03 of the Declaration empo~url ageu~e~ and ~grees Co per~om aiZ ductel and obligation= Co be 3r~,r~/.'T~e'~l~s~h~EeS~=essly· agree' cha~ ASSIGNO~,'.I~'I~: have ~ol/~tnR, rights an~p~r~ ' par~.el~,'or~o~e creaEed on sa~,~nr b, ~o,'ap rovi sll: 'si~ns co be locsced'on said Loc 86 c, ~i~p~oV~'~ZZ"Dtovte~onl'mede f - DarkLy' on lald'~o~ hareco thaL tn mddLtLon to ASSZUNOR'i qp~rovm~ LO the ~buv$ L~emm, KACOR KEALTY. II;C., ~Authorized A&enc STATE OF CALIFORNIA ) S~. COUNTY OF RIVERSIDE ) On ~'~ . ,. ~-//,F/~/ before me. the underMigned, a Notary ~;~.n'and for said SCece, pe:'mona].].y appeared ,~ .? .,- ,'.~; >, ,: "' ~ ACKNOWl, EDCMENT SEAL STATE O~ CALIFORNIA COUNTY OF RIVERSIDE ""L,~ ' ~ ;'~ END RECORDED DOCUHENT On February 4, 1981 , before me. the undermiSned. hoCa'T~/PubU. c in and for ~'~d ~c^l;e, ~ersonmlly appeareO SEAL Pmg~ 3 o~ ] DONALD D, SULLIVAN. COUNTY RECORDER BUILDING COMMITTEE LOG January 13, 1992 Building Committee members Louis Todd and Paul Yelton artended the Los Ranchitos Home Owners Association Board of Directors' meeting at Mr. John Marshall's home. The Board was told of the intent of our church to build on one lot on the corner of Ynez and Santiago. The other two lots would be held for future church buildings. The Board members discussed and asked questions regarding the proposed church facility. The chairman of the Board, Dr. Sweeney, asked the question, "Would our church be willing to sign an agreement with the association stipulating that we would never sell the two additional lots for commercial use?" We stated that we would. After twenty minutes of discussing the church building plans, we were excused from the meeting. February 3, 1992 7:30 PM Building Committee members Louis Todd and Paul Yelton hand delivered landscape plans, site plane, building elevation plans, civil engineering plans for grading and drainage, plus an architect's hand made model of the church building to the home of Architectural Control Chairman John Marshall. Also, we submitted with the drawings and model a letter requesting the Home Owners Association's timely response for approval. Mr. Marshall was advised by Louis iodd that we would appreciate a decision for approval as soon as possible, and he reminded Mr. Marshall that the association had 30 days in which to reply. February 13, 1992 Fred Charley Building Committee members Fred Chaffey and Paul Yelton artended a Los Ranchitos Home Owner Association Board of Directors' meeting to participate in a question and answer discussion regarding our church property. This meeting was held at Callaway Winery. This meeting was advertised in the Los Ranchitos Home Owenets Association Newsletter that was entitled "Winter !992." The paper requested owners to attend the meeting or write a letter stating their concerns on our plans. The letter stated, "New information is available about proposed church." Approximately three home owmers, along with the regular board of directors, 'artended the meeting. One owner responded with a letter that was negative 'to the church building. An open question and answer meeting was presented By Charley and Yelton [e those attending. The meeting ended with Yelton asking board president, Dr. Swooned, for a fast reply. Dr. Sweeney said he would present it to the next board mee%ing. At this time we were excused from the meeting. February 14, 1992 7:30 PM Louis Todd called John Marshall, Los Ranchitos' Architectural Control Chairman, for a progress report and to ask if any more information was needed, Mr, Marshall said, "No." BUILDING COMMITTEE LOG - Page 2 February 26, 1992 7:35 PM Louis Todd called John Marshall, Architectural Control Chairman, for a progress report. Mr. Marshall said he would be calling us in a few days. March 5, 1992 Thirty days have elapsed since plans were submitted to the Architectural Control Chairman. Therefore, accordin~ to the CC&R'e, page 9, our plans are approved because Los Ranchl:os Architectural Control Committee failed to approve or disapprove the drawings within thirty (30) days. March 12, 1992 Board of Directors meeting - No replay. April 9, 1992 Board of Directors meeting - No reply. The board drill has all our plans and building model. California 92663 A}IENDbtENT TO D]~CL~DJ~TION OF COVENANTS, CONDITIONS AND RESTRICTIONS %~IS APLENDF,~-NT TO DECLARATION OF COVENA/qTS, CONDIT~O~CS AND RESTRICTIONS, made this 5th day of SeDtember , 1967, by / RANCId0 CALIFOR~NIA, a par~,nership, composed of Temecula Investment Company, a California corporation; Temecula properties, Inc., a ~r Rancho California, Inc., a ,rs (hereinafter referred to as ]dment to Covenants~ Conditions }{cstrlcticns (permits com_mercial SETH : uted a Declaration of Covenants, copy: DO NOT }{E140VE ring Lots 1 - 102, in Tract No. October 5, 1966, as Documen~ No. 9h 66, both inclusive, of Niscel- e County, California, ~hich er 11, 1966, as Instr~ment No. side County, California (the ~ition Co Territory dated · .'as rcccL'c~;.i on S~i~t__erjbc_r_..9_O____' 1967, as California, which Notice of Addition Of Territory· added certain territory to the property c6vered by the Declaration~ a~,d WHERFAS, Doclarant desires to amend said Declaration; and WI~I~EAS, pursuant to 1~ ticle 8.02 thereof, said Declara- tion may be amended with the written consent of the owners of fifty-one per cent (51%) of the property subject to the-Declara~ tion~ and , ~aiEREAS, Declarant is the owner of Over fifty-one per cent (51%) Of the property subject to the Declaration. NOW, T]fREFORE, DECL~oJ~NT HEREBY A~fh~S THE AFORESAID DECLA]IATIO~] OF COVENANTS, C0~]DITIONS A~ RESTRICTIONS AS FOLLOWS: 1. This Amendment to Declaration of Covenants, Condi- tions and Restrictions shall apply only to Lot ~6 in Tract No. 3552, and to no other property subject to the DeclaratiOn. 2. With respect to said Lot 86, Article 3.01 of the Declaration is deleted in its entirety and in it~ place is in- serted the following: "3.01 No portion of Lot 86 shall be sold or leased u~less and until the ~chltectural Control Com- er said Lot 86 to be s~_~ or leased." - 2 - 3. With resp?ct to Lot 86, Article 4.05 of t. hc~ Declara- tion shall be deleted in its entirety and in its place shall be serted the following: "4.05 Siqns. All signs on Lot 86 shall only be of such size, design, color and location as are specifically approved by the Architectural Control Committee in writing." 4. With respect to Lot 86, the following shall be added as Article 4.08(d) of the Declaration: "' (d) Provision shall be made for adequate parking on Lot 86 with respect to any commercial use thereof. The Architectural Control Conunittee shall not approve the design of any improvements unless adequate provisions are made for parking and such parking plan shall be submitted to the Architectural Control Conunittee with any building plans." 5. With respect to Lo~ 86, the following shall be added at the end of A/ticle 7.01 of the Declaration: "Co~nercial uses permitted under the Coumty of Riverside zoning classification C-P , as amended from tii,~e to time, shall also be permitted." 6. With respect to Lot ~3G, Article 7.02(a) of ~he be inserted ~ile fcllo,~ing: "(a) All inc]usurl:~l al~d manufacturing, il~cl~lc~.ing - 3 - the drying, packing, cannil]g, froezing or other methods of processing fruits. nuts, vcgehables and ouher ogricul- rural products on any lot." 7. Except as herein expressly amended, the Declaration of Covenants, Conditions and Restrictions is hereby ratified, re- affirmed and approved. IN WITNESS V~EREOF, the undersigned has executed this , Amendment to Declaration of Covenants, Conditions and Restrictions On the day and year first above written. (SEAL) (s~l~L) RANCliO CALIFORHIA, a Partnership BY: BY: a Califo(nia corporatlon - 4 - PARCEL MAP NO. 14078 _lll,L,~4wtl_]__~. ]~(,7__ , before me, the undersigned, a Notary l'ubl~c nnd lot 4aid State, personally ap[,cared rtner and that such part~ership executed the same. 'I'NESS my hand and official seal. Name {Typed or Printed).,l 'ATE OF CALIFORNIA ,UNI~ OF Alameda t~qcl~leln~er 181 1967 , before me. the undersigned, a Notary Public , and for said State, personally appeared ,own to me to be the Vice President, and__ ~o~Qr O. Gnl!c..ey ,o,~n to me tO be tileAssistant Secretary Of 'I'EI~ECULI~ PROPERTIES, INC., me corporation that executed the within instrument and knoun to me tn ~r[~oration, said corporation being known to me to be one of the partners LT;4ESS my hand and official seal. l~alne {Typed or Printed). ,u:.u~,' Oi'._ORAI;GE ) Ss. n September 7~ 1967, before me, the undersigned, a l]otary [hlbllc ,1 i,,Id for sdid State, personally appeared II. L. Caldwell .... ,,n to mu to be thuViee Prcsidel~t, and 1]. U. Po~:cr PARCEL MAP NO. 14078 ':" .II % ITEM #8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 21, 1992 Case No.: Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 Prepared By: Saied Naaseh and Robert Righetti RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4; and ADOPT Resolution No. 92- recommending Approval of Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 based on the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval APPLICATION INFORMATION APPLICANT: Acacia Construction REPRESENTATIVE: Markham and Associates PROPOSAL: A request for approval of a Change of Zone from Rural Residential (R-R) to One Family Dwellings (R-l) and Open Space (R-5) and a request for approval of a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres. LOCATION: Southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn Golf Course. EXISTING ZONING: Rural Residential (R-R) SURROUNDING ZONING: North: South: East: West: Multiple Family Dwellings (R-2) County Rural Residential (R-R) Rural Residential (R-R) PROPOSED ZONING: One Family Dwellings (R-l) and Open Space (R-5) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: One Family Dwellings Vacant Vacant Golf Course PROJECT STATISTICS Number of lots 101 Single Family lots 96 Open Space lots 5 Total Area 47.7 Single Family lots (gross) 28.6 Single Family lots (net) 21.3 Open Space lots 19.0 Lot No. 98 (Pechanga Creek) 11.74 Average parcel size 9,665 Minimum lot size 7,200 Gross density (including the open space acreage) Net density (not including the open space acreage) 3.36 Excavation 200,650 Excess 1,800 Total oak trees on site 297 Oak trees to be saved 257 Oak trees to be transplanted 36 Oak trees to be eliminated 4 acres acres acres acres acres square feet square feet 2.01 dwelling units per acre dwelling units per acre cubic yards cubic yards BACKGROUND Tentative Tract Map No. 25277, Amendment No. 4 and Change of Zone No, 5724 were originally submitted to the County of Riverside on February 16, 1990 and were transmitted to the City on April 30, 1990. The original map application proposed 137 residential lots. On August 1, 1990 it was redesigned to 105 residential lots and six (6) open space lots in order to preserve the oak trees. The map was further amended to reduce the number of residential lots to 102 in order to preserve more of the natural topography of the site and to provide public access to open space areas. This map with 102 residential lots and seven (7) open sl~ace lots, along with the change of zone request, was heard by the Planning Commission with a recommendation for denial from staff on July 1, 1991. The Planning Commission took testimony on the project from the adjacent neighborhood groups who were opposed to the project and continued the project off-calendar and directed staff and the applicant to address Commission's concerns, The issues and concerns expressed by the individual Commissioners included the following: 1, Excessive Grading and Clustering. 2. Preservation of Oak Trees. 3. Traffic, Access, and Signalization of Via Gilberto and Pala Road Bridge Timing. 4. Appropriateness of the Change of Zone. 5. Wildlife Corridor. 6. Buffering the 10 Acre Lots to the South. 7. Requirement of a Specific Plan to include the Querry Property. 8. Lack of Coordination with Other Agencies. PROJECT DESCRIPTION The applicant is requesting approval for a zone change from Rural Residential (R-R) with minimum half acre lots to One Family Dwelling (R-1) with minimum 7,200 square foot lots and Open Space (R-5). In addition, the applicant is now requesting approval for a 96 single family lot subdivision with five (5) open space lots. The open space portion of the project is approximately nineteen (19) acres, all of which will be dedicated to the City for maintenance, including the 11.74 acre Pechanga Creek. The open space area, which includes the majority of the preserved and transplanted oak trees will be kept in a natural state and will include approximately 9,435 lineal feet of decomposed granite (D.G.) pedestrian trails and four picnic areas that could include tot lots, benches and barbecue amenities. The project's primary access will be provided from Via Gilberto with a bridge that will be constructed over Pechanga Creek to connect the existing street to the subject property with full paved access. The secondary 32 foot paved access will be provided through the adjacent property to the east (the Querry's property, Tentative Tract Map No. 27473) and the Wolf Valley Home Owners Association parcel which will connect the project site to Via Eduardo with a second bridge that will be constructed over Pechanga Creek (refer to Exhibit "F"). A portion of the property is currently located within the flood plain. The effected portion of the property will be raised above the flood plain with excess fill material from other portions of the site to satisfy the Federal Emergency Management Agency (FEMA) requirements. ANALYSIS This project has been redesigned several times and since the original design the total number of residential lots have been reduced from 137 to 96. The applicant has been working with staff to address all issues raised by the Planning Commission at the previous hearing on July 1, 1991. The following represents a summary of these issues and how they have been dealt with: Excessive Grading The Planning Commission suggested using a clustered development concept to preserve the hillside. This concept has been partially used within the project to preserve the open space area, which contains the oak trees, by further reducing the residential lots from 102 to 96. Fifteen percent of the site has been preserved as open space. If the Pechanga Creek is included within the open space area over 39 percent of the project has been retained as open space. Further clustering will reduce the grading impacts of the development. Staff has suggested to the applicant to eliminate lots 69 through 75 but the applicant has not been receptive to this idea. Staff has prepared a table (Table 1 ) which shows a lot by lot grading analysis of the project (refer to Attachment "5"). Table I identifies the following information for each lot: the highest and lowest points of the natural topography, the difference between the highest and lowest points of the natural topography, the pad elevation for each lot, the amount of cut or fill necessary for the high point and the low point to reach the proposed pad elevation. This table may be used to identify the lots that need the most amount of cut or fill to reach the pad elevation. Table 2 identifies four categories of cut and identifies the lots that fall under each category: Table 2 Number Lot Numbers of Lots Maximum amount of vertical cut in feet to the highest elevation of the natural topography within each lot 59,60,64,66,67,76,91,92 61,65,69,73,74,81,82 63,70,71,72,80 62,75,79 8 15-20 7 21- 25 5 26-30 3 31 + It should be noted that the numbers for the amount of cut are the worst case scenario for any lot since the highest point of the natural topography of each lot was used to calculate the amount of cut necessary to achieve the pad eievation. Drainage With the placement of fill within the existing floodplain area, some change to the limits of the area of flooding can be anticipated. A preliminary drainage analysis was prepared by the applicant and submitted to staff for review. This analysis shows that approximately 7250 cubic feet per second of stormwater will be conveyec: within the creek during the 1 O0 year storm event. Due to the limitations of the preliminary study provided, it is difficult to predict at this time what the stormwater impacts will be to the northwesterly side of the creek adjacent to the existing subdivisions. Slope protection will be required as determined by the Department of Public Works and final pad elevations for the lots adjacent to the creek will be determined when final detailed hydrotogic studies are completed by the developer (refer to Condition Nos. 65 and 72). The developer will comply with National Pollution Discharge Elimination System (NPDES) requirements to mitigate polluted storm runoff into the creek. Preservation of Oak Trees By reducing the number of residential lots from 102 to 96, the number of Oak trees that need to be transplanted is reduced from 40 to 36. Furthermore, by minor adjustments of the lot lines, 28 Oak trees are now proposed to be located in the open space areas rather than within individual lots. These open space lots will be maintained by the City and no new non-native vegetation or irrigation will be introduced to these areas, thereby, increasing the trees chance of survival. Thirty-three (33) Oak trees will remain within individual lots. The future owners of these lots will be responsible for maintenance and survival of these trees. Staff is requesting that an information packet be distributed to the future owners of lots with Oak trees to inform them of the importance of Oak trees at the time of purchase and how to maintain them (refer to Condition No. "27"). However, the City would not have any control on their long term survival. It should be noted that 19 of these 33 Oak trees are within lots 1,2 and 3 and the remaining 14 are within 12 different lots. Table 3 summarizes the inventory of the 297 Oak trees on the site identifying their status and the mitigation measures that will be imposed on them. Table 3 I Status of Oak Trees No. of Trees I Eliminated 4 Mitigation Measures Transplanted 36 Condition No. 19 Saved 257 Located Within Individual Lots Located Within Open Space Lots 33 224 Access/Traffic Primary access to the site is provided from Via Gilberto to Pala Road. Secondary access is provided through the Querry property to the east, (Tentative Tract Map No. 27473) and the Wolf Valley Home Owner's Association parcel across from Pechanga Creek. Tentative Tract Map No 25277 is conditioned to construct two bridges across the creek to Via Gilberto and Via Eduardo (refer to Condition Nos. 46 and 92). Primary Access: The primary access to the site is provided from Via Gilberto which is classified as a local street with a 60 foot right-of-way (ROW). Nineteen existing lots within Tract No. 19939 have direct driveway access to this street (refer to Exhibit "E"). The project will generate approximately 970 average daily trips which will utilize Via Gilberto and to a lesser extent, Via Eduardo. The increased traffic on Via Gilberto will warrant a traffic light at Pale Road. This traffic light will be designed and installed by the developer prior to issuance of the occupancy permit for the first dwelling unit (refer to Condition Nos. 16 and 102). This project will add to the existing congestion at the intersection of Pale Road and Highway 79. However, the future residents of this tract will be contributing to Assessment District 159, which now includes the new Pala Road bridge construction. It is anticipated that the construction of the bridge will commence by the end of 1995. In order to avoid additional congestion especially during construction of the new bridge, Staff recommends to delaying the issuance of the first occupancy permit until this bridge is completed (refer to Condition Nos. 87 and 94). Secondary Access: Secondary access to the site will be provided by construction of 32 feet of A.C. paving within a 45 foot right-of-way (refer to Condition No. 47). This road will traverse the Querry property and the Wolf Valley Home Owner's Association parcel east of the project site to connect with Via Eduardo, which presently terminates as a cul-de-sac at the northeast end of Pechanga Creek. A full 45 feet of right-of-way needs to be acquired by the applicant from the Querry's for this access. A 30 foot, half width, right-of-way currently exists along the easterly boundary of the Wolf Valley Home Owner's Association parcel from the terminus of Via Eduardo and continues southeasterly across the Querry property. An additional 30 foot right- of-way must be acquired by the applicant from the Wolf Valley Home Owners Association (HOA) parcel to be added to the existing 30 foot right-of-way for the ultimate improvements along the extension of Via Eduardo over the creek. If the developer fails to acquire the additional 30 feet from the Wolf Valley Home Owner's Association, he may request the City enter into the condemnation proceedings for that portion of the right-of-way from the terminus of Via Eduardo to the northerly boundary of Tentative Tract Map No. 27473 at the developer's sole expense. The applicant has indicated that they are unable to acquire the necessary rights-of-way from the owner of the adjacent property (Tentative Tract Map No. 27473) prior to approval of the tentative map and have requested that they be conditioned to acquire it prior to recordation (refer to Condition No. 39). Per the Subdivision Map Act, Section 66462.5, "A city, county, or city and county shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition which requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the tentative or final map is filed with the local agency, to permit the improvements to be made. In such cases, the city, county, or city and county shall, within 120 days of the filing of the final map, pursuant to Section 66457, acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of part 3 of the Code of Civil Procedure to acquire an interest in the land which wilt permit the improvements to be made, including the proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Chapter 6 of such title. In the event a city, county, or city and county fails to meet the 120-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed to be waived. Prior to approval of the final map the city, county, or city and county may require the subdivider to enter into an agreement to complete the improvements pursuant to Section 66462 at such time as the city, county, or city and county acquires an interest in the land which will permit the improvements to be made." The City has notified the applicant that it does not wish to enter into condemnation proceedings for secondary access right-of-way across the Querry property. Therefore, the applicant has offered to record an agreement waiving his rights per section 66462.5, as noted above, within 72 hours of this approval of Tentative Map 25277, Amendment No. 4 or this approval shall be void by reason of failure of compliance with development condition (refer to Condition No. 39). Said agreement shall stipulate the following: The applicant shall agree not to record any phase of this map until all secondary access right-of-way has been acquired. The applicant shall agree to waive their rights as granted by the Subdivision Map Act in Section 66462.5 in relation to the Querry property. The applicant shall agree to not request or require the City to enter into condemnation proceedings against the Querry property owner for right-of-way or easements. The applicant shall agree to pursue at their own expense and costs the acquisition of any off*site right-of-way. The applicant shell agree that no condition of approval for off-site improvements shall be waived due to their failure to acquire any necessary off-site right-of-way. The applicant has also indicated that an alignment for the access road cannot be fixed at this time. Therefore, the applicant has agreed not to record any phase of Tentative Map 25277 until Tentative Map 27473 has been approved, a preliminary grading and construction analysis has been completed for the road and all environmental impacts have been identified and reduced to a level of insignificance by implementing the mitigation measures as required by CEQA. If Tentative Map 27473 is not approved, the applicant shall submit a revised map showing a fixed alignment for the access road across the adjacent property, shall obtain the right-of-way for roadway purposes, shall complete a grading and construction analysis, comply with all CEQA requirements including mitigation measures, and shall pay all fees associated with the processing of the revised map, right-of-way acquisition and all associated studies (refer to Condition Nos. 40 and 41 ). Appropriateness of the Change of Zone The existing zoning on the site is Rural Residential (R-R) which allows minimum half acre lots. The total gross acreage of the site is 47.7 acres which includes the 11.74 acre Pechanga Creek. If the lots were designed with the current site coverage, (35.96 acres), up to 72 dwelling units would be allowed under the current zoning. Therefore, approval of the proposed zone change will increase the density of the site 33 percent. However, this zone change is consistent with the Draft Preferred Land Use Map of the future General Plan which designates the site as Low Density Residential, 0.5 to 2 dwelling units per acre with a target density of 1.3 per acre. The project density, which is 2.01, may exceed the target density only if the project provides some amenides that would not have been offered otherwise. This project provides approximately 19 acres of open space which includes the 11.74 acre Pechanga Creek. Additionally, the project will provide improvements to the open space area including trails, picnic areas, a tot lot and signage. These open space areas and their improvements exceed the minimum requirements for the Quimby Act, which requires dedication of only 1.24 acres or the dollar amount equivalent. Furthermore, when the City starts the consistency zoning to implement the General Plan, this property will be zoned Low Density Residential with Planned Development Overlay. The overlay district will be necessary since the Low Density Residential requires 0.5 acre minimum lots but the project provides an average lot size of 9,665 square feet. This overlay district will be appropriate for this site since the project meets the General Plan density requirement and smaller lot sizes were necessary to preserve the natural environment including the oak trees and the wildlife corridor. The Wildlife Corridor The Pechanga Creek has been identified as a wildlife corridor being used by Mountain Lions and other animal species. The Nature Conservancy, The Mountain Lion Foundation, and Preserve Our Plateau have expressed concerns regarding the preservation of this corridor and have expressed opposition to approval of this project (refer to Attachment No. 6). Staff has investigated their concerns by conducting a site inspection with a qualified biologist, Mr. Doug Padley, who is considered one of two experts in Mountain Lion populations and their travel patterns in this area. According to Mr. Padley the project will not adversely impact the movement of Mountain Lions in this area as long as proper mitigation measures are incorporated into the project design (refer to Condition Nos. 18.F.2., 26.B., 26.C., 27, 28, 29 and 30). It should be noted that the Mountain Lions use this corridor very infrequently. The best estimates available to staff indicates that only six Mountain Lions use it every ten years. These mitigation measures deal with revegetation of the creekbed to encourage wildlife movement through the corridor, requirement of a combination of block wall and wrought iron fencing for the lots along the creek to discourage the potential conflict between pets in the backyards and the wildlife passing through, restricting the type of lighting in the backyards that abut the creek to provide a dark movement corridor which is preferred by the wildlife and the requirement of signage through out the trails to inform the users of the potential conflicts of humans, pets and wildlife after dark. Buffering the 10 Acre Minimum Lots to the South Although the Planning Commission expressed a concern relative to buffering the large lots to the south, the project is not proposing a buffer between the R-1 lots and the 10 acre minimum lots to the south. Requirement of a Specific Plan to Include the Querry Property The applicant has not prepared a Specific Plan for this project. The Querry property to the east has filed for a tentative map which would have allowed a more comprehensive review of these two projects if the Querry map was at the same stage of development review process as Acacia. However, one of the benefits of the filing of the Querry map is that the alignment of the secondary access is known (refer to Exhibit "F"). Coordination with Other Agencies At the July 1, 1991 Planning Commission meeting, the School District expressed a concern regarding the lack of coordination between the project applicant and the School District. Moreover, there were also concerns regarding the availability of sewer and water services to the site. Both of these issues have been addressed as follows: The School District has issued a letter to the City conditioning the project to pay the applicable school fees. The project is outside the Eastern Municipal Water District (EMWD) and needs to be annexed to their existing boundary and receive approval of the Sewer Service Improvement Plans prior to recordation of the Final Map (refer to Condition Nos. 35 and 43). Pursuant to conversations and letters from EMWD,the applicant may be responsible for extending the existing sewer line on Rainbow Canyon Road approximately 3,000 feet to the project site. This line may have to go through the Temecula Creek Inn property, continue on the south side of the Creek and connect to the project site. The information received from EMWD indicates that the property owner of the golf course is not in favor of granting an easement to extend the sewer lines through their property. It is the responsibility of this applicant to acquire this easement. Other alternative alignments may be considered for design by EMWD and the City of Temecula prior to recordation of the Final Map and all off-site improvements shall be designed and approved. Furthermore, the applicant will be responsible to annex the project to the existing boundary of the Rancho California Water District and receive approval of the water service improvement plans prior to recordation of the Final Map (refer to Condition Nos. 35 and 43). Further studies will be required to determine whether the existing water line on Via Gilberto contains sufficient pressure to serve the project. Otherwise, a larger diameter line needs to be installed by the applicant on Via Gilberto to connect it to the Pala Road main. in either case the line has to be extended over the creek either underground or through conduit in the bridge. ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The zoning on the property is Rural Residential (R-R) which allows minimum half acre residential lot sizes and a variety of commercial uses. This project is proposing a zone change to One Family Dwellings (R-1) which allows minimum 7,200 square foot residential lot sizes and Open Space (R-5). This zone change will increase the density of the site about 33 percent. The proposed project is consistent with the R-1 development standards. The future General Plan Draft Preferred Land Use Map designates the site as Low Density Residential (0.5 to 2.0 dwelling units per acre) with a target density of 1.3 dwelling units per acre. The project density may exceed the target density if certain amenities, such as open space, are offered by the project over and above the minimum requirement. This project is designed with extensive open space and a trail system which exceeds the minimum requirements. The proposed density of this project is 2.01 dwelling units per acre which is consistent with the maximum density of 2.0 dwelling units per acre of the future General Plan. (For further discussion on consistency with the Future General Plan, refer to the "Appropriateness of the Change of Zone" Section). The proposed project is consistent with SWAP, which designates the site as 2-5 dwelling units per acre. The site density is 2.01 dwelling units per acre. ENVIRONMENTAL DETERMINATION An initial Study was prepared by Staff and no significant impacts are anticipated as a result of this project; therefore, a Negative Declaration has been recommended. The mitigation measures contained in the Conditions of Approval shall be implemented in order to reduce the impacts to an insignificant level. SUMMARY/CONCLUSIONS The proposed project has been redesigned several times during the past 3 years. The following represents some of the positive aspects of the project: The total number of residential lots have been reduced from 137 to 96 to reduce the impacts on the natural environment. 2. Only 4 of the 297 oak trees will be eliminated, 3. A traffic signal will be installed on Via Gilberto. A trail system and picnic areas will be installed in the open space areas to be used by the public. The project has been sensitive to the wildlife corridor (Pechanga Creek) within the site; and it will actually enhance this corridor by revegetation of the creek. The project design might not be the best example of hillside development, but is has come a long way from a flat land subdivision of 137 lots. It represent approximately three years of negotiations and improvements to the original design. 17. 1992 FINDINGS Change of Zone No. 5724 There is a reasonable probability that Change of Zone No. 5724 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 density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-1 zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone. There is not a likely probability of substantial detriment to, or interference, with the future General Plan if Change of Zone No. 5724 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their underlying zones. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated to the project design and Conditions of Approval to reduce the impacts t0 a level of insignificance. Tentative Tract Map No. 25277 There is a reasonable probability that Tentative Tract MaP No. 25277 will be consistent with the City's future General Ran, which will be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project, 2.01 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Low Density Residential. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, a golf course and vacant land. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The project as designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated to a level of insignificance. The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the golf course and the vacant land surrounding the project. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application 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. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it wilt provide more diversity in the housing type available to the residents of the City of Temecula. 11. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water District's requirements. 12. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1 ) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. 13. The project has acceptable access by means of dedicated right-of-way and has been conditioned to acquire the necessary right-of-way for secondary access. STAFF RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4; and ADOPT Resolution No. 92- recommending Approval of Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 based on the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval Attachments: 5. 6. 7. 8. Resolution No. 92- - blue page 14 Conditions of Approval - blue page 20 Exhibits - blue page 40 A. Vicinity Map B. SWAP C. Zoning D. Tentative Tract Map No. 25277, Amendment No. 4 E. Lots fronting on Via Gilberto F. Tentative Tract Map No. 27473 G. Zone Change No. 5724 Initial Study - blue page 41 Table 1 - blue page 59 Correspondence - blue page 60 What to do if you Encounter a Mountain Lion - blue page 61 Oak Tree information - blue page 62 ATTACHMENT NO. 1 RESOLUTIONS ATFACHMFNT NO. 1 RESOLUTION NO. 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 5724 TO CHANGE THE ZONING FROM R-R TO R-1 AND R-5, AND TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAlVHI,Y LOTS AND 5 OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. WHEREAS, Acacia Construction filed Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on September 21, 1992, 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 applications; 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: general plan, The city is proceeding in a timely fashion with the preparation of the 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 litfie or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of said applications makes the following findings, to wit: Change of Zone No. 5724 1. There is a reasonable probability that Change of Zone No. 5724 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 density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-1 zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan. If Change of Zone No. 5724 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their underlying zones. 3. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. 4. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated to the project design and Conditions of Approval to reduce the impacts to a level of insignificance. Tentative Tract Map No. 25277 1. Them is a reasonable probability that Tentative Tract Map No. 25277 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project, 2.01 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Low Density Residential. 2. There is not a likely probability of substantial detriment to, or interference with the City' s future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, a golf course and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Cede Sections 65000-66009 (Planning and Zoning Law). 4. The project as designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated to a level of insignificance. 5. The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the golf course and the vacant land surrounding the project. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 7. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application 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. 9. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 10. The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps of the subdivision (Coy. Code Section 66474.6). 11. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 3000 et seq. of the California Water Code by requiring the project to comply with ~:~tern Municipal Water District's requirements. 12. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. 13. The project has acceptable access by means of dodicated right-of-way and has been conditioned to acquire the necessary fight-of-way for secondaBt access. F. As conditioned pursuant to Section 3, the Tract Map proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 5724, and Tentative Tract Map No. 25277, Amendment No. 4 located at the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED this 21st day of September, 1992. LINDA FAHEY CHAIRMAN I ~BY 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 21st day of September, 1992 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: GARY THORNHILL SECRETARY ATTACHMENT NO. 2 CONDITIONS OF APPROVAL CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No: 25277, Amendment No. 4 Project Description: A request for approval of a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres Assessor's Parcel No.: 918-180-050, 019 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460 unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Subdivision phasing shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of both the comprehensive rough grading plan and the final precise grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes for structures shall be a minimum of one-half the slope height or as otherwise approved by the City Engineer. B. Be contour-graded to blend with existing natural contours. The applicant shall comply with the Army Corps of Engineers recommendations outlined in the letter dated March 6, 1992, a copy of which is attached. The applicant shall comply with the Rancho California Water District recommendations outlined in the letter dated March 4, 1992, a copy of which is attached. Rev,eed September 17. 1992 21 10. 11. 12. 13. 14. 15. 16. The applicant shall comply with the California Department of Fish and Game recommendation outlined in the transmittals dated July 9, 1991 and April 20, 1992, copies of which are attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 4, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Temecula Valley Unified School District's transmittel dated August 12, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Community Services Department transmittal dated July 7, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated January 28, 1991, a copy of which is attached. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-1 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 (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following shall be noted on the ECS: A. The Pechanga Creek is designated as a wildlife corridor. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 17. Prior to the issuance of GRADING PERMITS, the following conditions shall be satisfied: Prior to the issuance of grading permits, detailed landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. These plans shall be consistent with the conceptual landscape plan as required by Condition No. 18.F. The plans shall be certified by a landscape architect, and shall provide for the following: (1) Automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. However, areas being retained in their native state shall not have permanent irrigation systems and should not be irrigated unless revegetation is required. (2) Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. (3) Front yards shall be landscaped including street trees. Typical front yard landscaping shah be included for interior lots, corner lots and cul-de-sac lots. (4) A wall and fencing plan shall be submitted for the project . Wooden fencing shall not be allowed on the perimeter of the project or the side yard of corner lots. This plan may be incorporated into the landscape plans. (5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. (6) 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. (7) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. (8) Trails and picnic area facilities shall be depicted on the landscape plans. (9) All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. (10) All street trees shall be a minimum of 15 gallon. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: (1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 18, (2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. (4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. A 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. All manufactured slopes shall be planted with erosion control, low, fire resistant, native and drought tolerant landscaping. The temporary irrigation for these slopes shall be removed after plants have been established. The temporary irrigation shall be designed as not to damage the existing oak trees on the site. Prior to the approval of rough grading plans and recordation of the Final Map, a comprehensive rough 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: Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. B. Preliminary pad and roadway elevations. C. Areas of temporary grading outside of a particular phase. 19. D. Oak tree preservation according to Condition No. 19. E. Grading on the open space lots shall be kept to a minimum to preserve the natural state of the environment. This condition applies to lots 97, 99 and 100. F. Prior to recordation of the final map, a conceptual landscape plan shall be approved by the Director of Planning. The following shall be considered when preparing and approving this plan: ( 1 ) The preservation of the Oak trees is required by Condition No. 19. (2) The revegetation of the Pechanga Creek as required by Condition No. 29. (3) Using drought tolerant, fire resistant plant type for slope planting as required by Condition No. 20.G. (4) All slopes over three feet high shall be irrigated and landscaped. (5) Irrigated and non-irrigated areas shall be identified. (6) Trails, picnic areas and all associated signs within the open space areas shall be identified. (7) Typical front yard landscaping for interior, corner and cul-de-sac lots shall be included to include street trees, hydroseeding or sod, shrubs and ground cover. (8) Location of all walls and fences shall be identified. The perimeter of the project shall include decorative block wall, wrought iron or combination as specified in Condition No. 27. Corner lot side yards shall be decorative block wall. (9) Erosion control shall be consistent with Ordinance No. 457.75. (10} Timing of installation of all landscaping shall be specified on the plans. An oak tree protection and replacement program, prepared by a licensed arborist (oak tree specialist/biologist) shall be prepared prior to recordation of the final map and shall be implemented. This arborist/biologist shall be present on the site throughout all grading and construction activities which may impact the oak trees on the site. The program shall include but not be limited to the following components: A. Program Elements to be graphically depicted on rough and precise grading plans: (1) The location of the trunk and extent of dripline for all trees within the project site and the type and location of any project fencing. The trees that will be saved, transplanted or eliminated shall be identified on these (2) (3) (4) (5) (6) (7) (8) plans. Trees that are eliminated shall be replaced as specified on Condition No. 19.B.8. All the trees on the project site and within 75 feet of the centerline of the secondary access on the Querry property to the east (Tentative Tract Map No. 27473) or the extent of ground disturbance necessary for the construction of this road, whichever is more, shall be identified. Construction envelopes shall be designated on all parcels located outside the driplines of all oak trees. All ground disturbances including grading shall be prohibited outside construction envelopes. Equipment storage and staging areas shall be designated on rough and precise grading ptans at least six (6) feet outside of dripline areas. All replacement trees and transplanted trees may be used to revegetate the creek as specified in Condition No. 29. Permanent tree wells or retaining walls shall be specified on precise grading plans. Drainage plans shall be designed so that oak tree trunk areas are properly drained to avoid ponding. All utilities shall be placed directly adjacent to roadways and driveways in order to minimize impacts to trees. All utilities shall be placed within construction envelopes. The following bonds shall be secured by the developer, or his successors in interest: (A) Prior to issuance of grading permits: To preserve, transplant and replace the eliminated trees with new saplings in compliance with the conditions of approval during the grading, construction or any other related activity, (B) Prior to acceptance of the open space lots by the City: To ensure the long term survival of the transplanted trees and new saplings. (C) Prior to acceptance of the open space lot by the City: To ensure the "long term survival" of any tree that has been damaged as a result of construction activities. Long term survival shall mean a minimum of 10 years or if otherwise determined by the arborist and approved by the Planning Director. The amount of bonds shall be determined by the arborist and approved by the Planning Director. Sections B and C above shall not apply to trees within individual parcels. (9) All oak trees within 25 feet of proposed ground disturbances shall be temporarily fenced with chain-link or other material throughout all grading and construction activities. The fencing shall be installed six feet outside the dripline of each oak tree, and shall be staked every 6 feet. (10) No artificial surface, pervious or impervious, shall be placed within 6 feet of the dripline of any oak tree. If this is determined to be infeasible, the affected trees shall be transplanted. Program elements to be printed as conditions on final grading and building plans: (1) No grading or development shall occur within the driplines of oak trees which occur in the construction area. (2) No construction equipment shall be parked, stored or operated within 6 feet of any oak tree dripline. (3) No fill soil, rocks or construction materials shall be stored or placed within six feet of the dripline of an oak tree. (4) Any roots encountered that are one inch in diameter or greater shall be cleanly cut and sealed with a tree-seal compound. (5) Any trenching required within the dripline or sensitive root zone of any oak tree shall be done by hand. Any oak tree roots greater than one inch in diameter exposed in any trench shall be cut and sealed with approved sealant immediately after the trench is excavated. (6) irrigation shall not occur within the dripline of any existing oak tree that has not previously been irrigated, except as otherwise recommended by the arborist. (7) Only designated trees shall be transplanted and/or eliminated. (8) Any oak trees which are eliminated and/or damaged (more than 40% of root zone disturbed) shall be replaced on a 10:1 basis with 10 gallon size saplings grown from locally obtained seed. Where necessary to remove a tree and feasible to replant, trees shall be boxed and replanted. A drip irrigation system with a timer shall be installed as recommended by the arborist. Trees shall be maintained until established (ten years or as determined by the arborist and approved by the Planning Director). The plantings shall be protected from predation by wild and domestic animals, 20. and from human interference by the use of staked, chain link fencing and gopher fencing during the maintenance period. (9) Any unanticipated damage that occurs to trees or sensitive habitats resulting from construction activities shall be mitigated in a manner approved by the Planning Director. This mitigation may include but is not limited to tree replacement as specified in Condition No. 19.B.8. The required mitigation shall be done immediately under the direction of the Planning Director prior to any further work occurring on site. (1 O) All trees located near proposed buildings shall be protected from stucco or paint during construction. ( 11 ) A Planning Director approved arborist shall be onsite throughout all grading and construction activities which may impact trees located on the site. Prior to issuance of grading permits, the applicant shall submit a copy of the precise grading plans to the Planning Department for review and approval. All aspects of the plan shall be implemented as approved. MonitorinG: Planning Department shall conduct site inspection throughout all phases of development to ensure compliance with and evaluate all tree protection and replacement measures. Release of performance security requires Planning Staff signature. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class B) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. F. All street side yard setbacks shall be a minimum of ten (10) feet. 21. 22. 23. 24. The precise grading plan shall be subject to the approval of the Fire Department, Minimum 30 foot rear and side yard setbacks shall be required for lots abutting (from the side or rear) the open space areas to minimize the fire hazards. The developer shall consider this condition when designing the units to ensure compliance with these setback adjustments. Native, drought tolerant and fire resistant landscaping shall be used to protect the slopes to further reduce the fire hazards, or other mitigation measures approved by the Fire Department. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation within each individual lot shall be installed in accordance with approved plans prior to the issuance of occupancy permit for that lot. 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. Cm All landscaping and irrigation outside individual lots shall be completed prior to issuance of the first occupancy permit. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 25277, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 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 26. 27. 28. 29. 30. 31. 32. the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). The following information shall be included with the White Report and be available to the prospective residents of the project at the time of initial marketing: A. A copy of the State Department of Agriculture Pamphlet, Living Among the Oaks. The back yard lighting for all lots abutting the Pechanga Creek shall be limited to a type that limits light pollution in the creek. The Pechanga Creek is designated as a wildlife corridor and using the trails after dark is discouraged. A combination of block wall (3 feet high) and wrought iron (3 feet high) fencing shall be constructed along the rear property lines of all lots abutting the Pechanga Creek. The same wall shall be constructed along the side and rear property lines of all the lots that abut all the open space areas. The side yard fencing on all corner lots shall be a block wall. Signage shall be included for appropriate locations on the trails to inform all trail users of the potential presence of Mountain Lions after dark. The sign shall read "Warning, Mountain Lion Country, A Risk, There are Mountain Lions in this area, they are unpredictable and dangerous. Minors (under 18 years of age) may be attacked without warning, they must remain under direct adult supervision at all times." Signage shall be approved by the Director of Planning prior to issuance of Occupancy Permits. The creek shall be revegetated to enhance the wildlife corridor for wildlife movement. This revegetation shall be subject to approval of a qualified biologist/an arborist and a registered landscape architect. This plan shall be submitted for review and approval of the Planning Director prior to issuance of grading permits. Oak trees that need transplanting may be used to revegetate the wildlife corridor. A pamphlet shall be available to all trail users to providing tips in case of encountering Mountain Lions (refer to Attachment "7" of the Staff Report). This pamphlet shall be available at all trail signs. No grading permits shall be issued until the precise grading plans and the final landscape plans for the entire project is approved by the Planning Department, The applicant shall receive appropriate Fish and Game and Army Corps of Engineers permits prior to issuance of grading permits. A copy of clearances from these agencies shall be submitted to the Planning Department. 33. The precise grading plan shall include the secondary access alignment through the Querry property to the east (Tentative Tract Map No. 27473). 34. Trails and picnic areas shell be developed, completed and dedicated to the City prior to issuance of the first occupancy permit for the project. 35. The applicant shall complete the annexation procedures to the Eastern Municipal Water District and Rancho California Water District and receive approval of the improvement plans for installation of all utilities prior to recordation of the Final Map. 36. A historic site, CA-RIV-330-H, is located just outside the project boundary to the South of the southwest property line. This adobe wall shall be protected from grading and possible blasting even though it is outside the project boundary. Fencing shall be erected around the adobe walls to protect the structural integrity of the wall from equipment and grading. If blasting is required within the vicinity of the wall, acceptable mitigation measures shall be incorporated to protect the structures. The fencing shall be shown on the grading plans. This fencing shall be at least four feet high and thirty feet in diameter surrounding the wall. With the incorporation of these mitigation measure, the impacts would be reduced to a level of insignificance. 37. Heavy construction activity and deliveries shall be restricted to the hours of 7 a.m. to 7 p.m. on weekdays. 3¸8. A mitigation monitoring program shall be submitted to identify all environmental mitigation measures contained in the Conditions of Approval. This program shall identify the impacts the mitigation measures, the stage of the development the mitigation measures are to be enforced and the responsible party for monitoring the mitigation measures. All cost necessary to implement his program shall be the responsibility of the applicant. DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works 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 appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 39. The Subdivider shall record a written agreement within 72 hours of approval of the Tentative Map confirming an offer to waive the owner's rights as described in section 66462.5 of the Subdivision Map Act or this approval shall be revoked and deemed void. The Subdivider shall not request or require the City of Temecula to enter into condemnation proceedings to acquire any offsite right-of-way needed within Tentative Ravesad SeOtemb~ 17, 1992 31 40. 41. 42. 43. 44. Tract Map No. 27473 to comply with these conditions of approval. The Subdivider shall not record any phase of the approved tentative map until adequate right-of-way for secondary access has been acquired at the owner's sole expense. Failure to acquire any offsite right-of-way shall not void or invalidate any condition of approval. Subdivider shall not record any phase of this map until Tentative Map 27473 is approved showing a fixed alignment for the secondary access road, and a preliminary grading and construction analysis has been completed in complete compliance with CEQA requirements identifying all mitigation measures. If Tentative Map 27473 is not approved prior to the Subdivider's request to record any phase of this map, the owner shall submit a revised Tentative Map to the City of Temecula for review and approval showing a fixed alignment for the secondary access road across the adjacent property, shall acquire the necessary right-of-way for roadway purposes at his sole expense, shall complete a grading and construction analysis, and shall be in complete compliance with CEQA requirements including mitigation measures. Subdivider shall pay all fees associated with the processing of a revised map and all associated studies. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Metropolitan Water District; Temecula Community Services District; General Telephone; Southern California Edison Company; Southern California Gas Company: Army Corp of Engineers; and Department of Fish and Game All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 45. 46. 47. 48. 49. 50, 51. 52. Via Gilberto and Streets "A" through "J" shall be improved with 40 feat of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). The Via Gilberto and Via Eduardo crossings at Pechanga Creek shall be improved with full width bridges consistent with the ultimate required road improvements, or bonds for the bridge improvements may be posted, within the dedicated right-of-way in accordance with applicable City, County and State Standards. A secondary access road with a minimum of 32 feet of A.C. paving shall be provided within a minimum of 45 feet of dedicated right-of-way, or bonds may be posted, from Street "H" or Street "J" across the adjacent property (Tentative Tract Map No. 27473). The right-of-way shall be 60 feet in width with 32 feet minimum of A.C. paving from the terminus of Via Eduardo southwesterly to the boundary of Tentative Tract Map No. 27473. The existing cuFde-sac shall be reconstructed for through traffic and drainage. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements, when required for roadway slopes, recreational trails, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and slopes) and erosion control. D. Sewer and domestic water systems. E. All trails, as required by the Temecula Community Services District. F. Undergrounding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments, (Tentative Map No. 27473). Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 91-43 and as approved by the Department of Public Works. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. Engineered improvement plans for the bridge crossings shall be included with the street improvement plans and shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the side property line. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A formal drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. 66. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 67. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. 68. If deemed necessary by the Department of Public Works, a copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for review. 69. Slope protection shall be provided for all work performed within Pechanga Creek. All facilities shall conform to City of Temecula and Riverside County Flood Control standards. 70. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 71. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 72. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A and is 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. 73. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain and any other development constraints. 74. 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: 75. Prior to issuance of a grading permit, developer must comply with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until a NPDES clearance is granted or the project is shown to be exempt. 76. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 77. 78. 79. If blasting is to occur during the grading process, permits shall be obtained from the City of Temecula Police Department. Notice shall be given to all residents and property owners within 1000 feet of the project boundary at least 3 days prior to blasting. Blasting shall only be conducted between the hours of 10:00 AM and 4:00 PM, Monday through Friday except Federally recognized holidays. If an emergency situation related to safety or weather conditions should occur, blasting may occur outside of these hours. Blasting shall be performed in accordance with the following specifications, and in such a manner that noise, ground and air vibration, and dust are maintained at levels which satisfy Federal, State, County and City standards: A. Blasting shall be conducted by a trained and licensed blaster. The explosive used for blasting work will be standard commercial products specifically designed for mine applications. C. Blasting shall be performed using electric or non-electric blasting systems. All blasts shall be detonated with a millisecond delay system to limit the quantity of explosive detonated per delay period and to provide for sequential control of the blast detonation. The explosives shall include bulk ANFO suitably primed for blast hole conditions, unless other more suitable materials are deemed appropriate by the blasting consultant. F. Water-resistant explosives shall be used where wet blast hole conditions exist. Explosive supplies shall be used in accordance with the technical recommendations of the manufacturer and the Institute of Makers of Explosives. All blast holes shall be carefully stemmed with inert granular material, and individual blast holes will be loaded with due recognition of instant rock fracture and burden conditions. Seismic monitoring of each blast shall be performed by an independent, qualified consultant. Prior to any work being performed within Pechanga Creek, a 404, 1603 and any other necessary permits shall be obtained from the appropriate agencies, (Army Corp of Engineers, Department of Fish and Game, San Diego Regional Water Quality Control Board, etc.) A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. 17. 1992 36 80. 81. 82. 83. 84. 85. PRIOR 86. 87. 88. 89. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. Erosion control and runoff mitigation plans shall be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. Erosion control and runoff mitigation shall be maintained at all times. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. If deemed necessary at the time of grading permit issuance, 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 not deemed necessary or if the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A letter of permission shall be required from all adjacent property owners for any grading work within their property. If necessary, a permit from the County Flood Control District is required for any work within their right-of-way. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Prior to the issuance of any building permits, construction of the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek shall have begun. 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 comprehensive rough grading plan. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee, If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security 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; Dr0vided 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: 90. Complete full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 91, A 32 foot wide secondary access road from Street "H" or Street "J" to Via Eduardo shall be completed within a recorded right-of-way for roadway purposes as approved by the Department of Public Works. 92. Full width bridge crossings at Via Gilberto and Via Eduardo shall be completed within the dedicated right-of-way for roadway purposes to be acquired by the subdivider at his own expense. A minimum of 32 feet of A.C. paving within 60 foot right-of-way shall be completed to connect to the existing Via Eduardo cul-de-sac terminus to the northerly boundary of Tentative Map 27473. 93. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer, 94. No occupancy shall be granted until the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek has been completed. TransPOrtatiOn Enoineerino PRIOR TO RECORDATION OF THE FINAL MAP: 95. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works as directed hy the Department of Public Works and shall be included in the street improvement plans. 96. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Via Gilberto at Pala Road and shall be included in the street improvement plans with the second plan check submittal. 97. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements, 98. A Transportation Demand Management program will be required. 99. Subdivider shall execute an agreement for the reimbursement of construction cost above his pro rata share of the improvements of the traffic signal at Via Gilberto and Pala Road from future development as determined by the Department of Public Works. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 100. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 101. All signing and striping shall be installed per the approved signing and striping plan. 102. The traffic signal at Via Gilberto and Pala Road shall be installed and operational I~er the special provisions and the approved traffic signal plan. 103. The subdivider shall provide "stop" controls at the intersection of local streets along Via Gilberto as directed by the Department of Public Works. 104. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance, R~PLY TD A~TENTION OF Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS PO BOX 2711 LOS ANGELES CALIFORNIA 90053-2325 March 6, 1992 RECEIVED ! 1c)1992 MARKHAM · ASSOC~TES 't'EMECUI.,.A, CA 92390 Acacia Construction c/o Markham and Associates 41750 WInchester Road, #N Temecula, CA 92590 Gentleman: It has come to our attention that you plan to construct a residential development (Tentative Tract Map No. 25277) in the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn Golf Course, Temecula, Riverside County, California. This activity may require a U.S. Army Corps of Engineers permit. A Corps of Engineers permit is required for: 1. Work or structures in or affecting the "navigable waters of the United States", including adjacent wetlands; construction of a pier, wharf, bulkhead or jetty, dredging, dredge disposal, filling and excavation are examples of work or structures affecting navigable waters; 2. The discharge of dredged or fill material into the "waters of the United States", including adjacent wetlands; placing bank protection, temporary or permanent stock-piling of excavated material, grading roads, any grading (including vegetative clearing operations) involving filling low areas or leveling the land, and construction of weirs, diversions, approach fills or other structures involving the placement of fill material are examples of activities involving the discharge of dredged or fill material; 3. The transportation of dredged or fill material for the purpose of dumping it into ocean waters; 4. Any combination of the above. -2- Enclosed you will find a permit application form and a pamphlet that describes our regulatory program. If you have any questions, please contact Roberty Smith of my staff at (213) 894- 5606. Please refer to this letter in your reply. Sincerely, Jona'~an Freed~ ~/Chief, South Coast Section Enclosures Water March 4, 1992 City of Temecula Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Development Review Committee Agenda Thursday, March 5, 1992 Item No. 1 Tentative Tract Map 25277 Attention: Matthew Fagan, Case Planner To Whom It May Concern: Rancho California Water District (RCWD) would like to provide comments relative to the above-referenced item scheduled for the March 5th Committee meeting. The property is not within RCWD's service boundaries. The proponent remitted an annexation processing deposit on February 27, 1990. However, the District placed the annexation on hold pending the completion of a special environmental assessment. Water service from RCVqD would not be available to the property until the annexation process is completed. Recently, the processing time involved in completing an annexation has been approximately two years. you have any questions or need additional information, please contact us. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Laurie Williams Manager of Engineering Services Cai iforr, ia De. Dartment, c,f Fish snci Game 330 u-c, lden S, bclle. $u~t,e 56 Lonc~ ~e~,zh, CA RECEIVED AP 22B TEMECULA, CA 92390 1992 Mr. Larry Markham z~ ?~r/W~r~c}-lest. er Road, Stlit,~ N I leme.:ula, CA 92590 STATE OF CALIFORNIA--THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 (213) 590-5113 July 9, 1991 Mr. Scott Wright The city of Temecula 43180 Business Park Drive, Suite Temecula, California 92390 200 Dear Mr. Wright: Tentative Tract 25277 (SCH 91062057) The California Environmental Quality Act and the California Endangered Species Act require the lead agency to appropriately condition the project and fully implement the statutory mitigation and monitoring requirements to offset adverse impacts to the following resources which may be impacted by this project. Endanqered or threatened species of plant and animals. If the project would result in take, on or off project site, of any State-listed species or habitat essential to its continued existence, the applicant must obtain authorization from the DFG pursuant to Fish and Game Code Section 2081. Wetlands. Compliance with the DFG's Wetland Policy requires that there should be no net loss of wetland acreage or wetland habitat values, either on or off project site, due to project development. A mitigation and monitoring plan subject to DFG approval should be required for loss of sensitive habitats, including, but not necessarily limited to, freshwater marsh, riparian woodland, oak woodland, and riparian scrub vegetation. Watercourses. The DFG opposes the elimination of watercourses and/or their conversion into subsurface drains. All watercourses, whether intermittent or perennial must be retained and provided with setback buffers appropriate to preserve the riparian and aquatic habitat values. Earthen channels should be interconnected with adjacent large open space areas to increase their effectiveness as wildlife corridors in urban surroundings. The DFG has direct jurisdiction under Fish and Game Code sections 1601-03 in regard to any proposed activities that would divert or obstruct the natural flow or change the bed, channel, or bank of any river, stream, or lake. We recommend early consultation since modification of the proposed project may be required to avoid impacts to fish and wildlife resources. Scott Wright July 9, 1991 Page Two Formal notification (with fee) under Fish and Game Code Section 1603 should be made after all other permits and certifications have been obtained. Work cannot be initiated until a streambed alteration agreement is executed. The project sponsor is subject to the user fee provided by Fish and Game Code Section 711.4, and the fee is payable to the County Clerk at the time of or prior to filing the Notice of Determination by the lead agency. If a Negative Declaration is filed, the user fee is $1,250. If an Environmental Impact Report is filed, the fee is $850. It is our assessment that this project will result in cumulative loss of fish and wildlife resources and is not exempt from the user fee. In conclusion, if your analysis reveals that the above-mentioned concerns have been fully addressed throughout your decision-making process, we would not object to the project approval. However, we request that you provide us a copy of the final environmental document immediately upon approval and prior to filing the Notice of Determination. If you have any questions, please contact Kim McKee at the above address or by telephone at (213) 590-5137. Fred Worthley Regional Manager Region 5 cc: Office of Planning and Research Environmental Services Division TO: CITY OF TEMECULA ATTEN: PLANNING DEF'ARTMENT RE: TRACT 25277 AUGUST 4, 1992 With respect to the review of the above referenced project. The site was previously designated Hazardous Fire Area by Riverside County due to the limited access, steep slopes and natural vege- tation. The hazardous designation expired when the city incorpo- rated. However. the threat from wildland fires is still a concern and should be taken into consigeratlon in the design of the of the lots adjoining the open space and in the treatment and main- tenance of the open space lots. The project is proposing dead end cul-de-sacs that exceed ordinance lengths. the project should not be ap0roved unless the developer can provide evidence that the off-site right-of-way can be acquired and that acceptable alter- nate or secondary public access can be constructed to a location other then Via Gllberto Road. ]'he Fire Department recommends the following fire measures be provided in accordance with Temecula City and/or recoonized fire protection standards. i. Schedole A fare protection adOroved stanOard fire hydrants. C6"x4".~2 112") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of an,/ let frontage more than 165 ft. from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. 2. Applicant/developer shall furnish one Copy of the water plans to tr, e Fire Department for review. P'lans shall be signed be a registered Civil engineer. containing a Fire Department approval signature bloc~. and shall conform to hydrant type. location. spaclno and minimum fire flow. Once plans are signed bY the local water tompan',. the orlolnals shall be presented to the Fire Department for sipnature. Tract 25277 Cent. Aug. 4, 1992 3. The required water system, including fire hydrants, shall be installed an~ accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 4. Prior to recordation of the final map, the applicant/developer shall provide the City Engineer with evidence that acceptable public secondary access can be constructed. 5. All buildings shall be constructed with class "B"roofing mate- rial as described in Section 3204 of the Uniform Building Coge. Any wood shingles or shakes shall be approved by Building and Safety prior to installation. 6. Prior to the recordation of the final map, the developer shall deoosit. with the City of Temecula, a cash sum of $400.00 per lot/unit. as mitigation for fire protection impacts. Shoulg the developer choose to defer the time of payment~ he/she may enter · nto a written agreement with the County deferring said payment to the time of issuance of the first building permit. All Questions regarding the meaning of conditions shall ferred to the Planning and Engineering Staff. be re- RAYMOND H. REGIS Chief Fire Department Planner Michael E. Gr~'~,~~ Fire Canrain Specialist TEMECULA VALLEY Unified School District August 12, 1992 Citv of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: Salad Naaseh Re: Acacia Construction Tract Map 25277 We would like to take This opportunity to state our position regarding the payment of school fees for the above referenced tract map. The Ternecula Valley Unified School District will collect the amount m effect at the time that the building permit is applied for. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula Vatley Unified School District LetTie Bol;]gs Coordinator, Facilities Planning 31350 Rancno vtsta Road Temecuia. CA 92592, (714) 676-2561 Saied Naaseh, Planning Department TC. Beryl Yasinosky _~___~ Senior Development Assistant DATE July 7, 1992 =:::m:r,!~-= Tentative Tract No. 25277, Amended No. 4. The Temecula Community Services Department staff (TCSD) has reviewed the conditions as set forth in the City of Temecula Conditions of Approval and recommends APPROVAL of Tentative Tract Map No. 25277, Amended No. 4, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No. 460.93 as follows: 1. Prior to recordation of the Final Map, the applicant or his assignee, shall offer for dedication lot numbers 97, 98, 99, 100, and 101, for park land and recreational trails and execute a Letter of Agreement with the City of Temecula, Community Services Department, to improve the proposed dedication areas in accordance with existing City standards. 2. Exterior slopes (as defined as: Those slopes contiguous to public streets that have a width of 66' or greater) and/or slopes contiguous with proposed recreational trails, shall be offered for dedication to the City of Temecula for Maintenance purposes following compliance to existing City standards and completion of the application process. All other slopes and open space shall be maintained by the individual homeowners or an established Homeowner's Association (HOA). 3. All proposed slopes, open space, park land, and recreational trails intended for dedication to the City of Temecula shall be identified on the Final Map by numbered lot. with the square footage of said lot number indexed as a proposed City Maintenance area. 4. Access points for all proposed City Maintenance Areas shall be identified on the Final Map. All questions regarding the meaning of the conditions shall be referred to the Temecula Community Services Department. Gary L. King, Development Services Administrator Debbie Ubnoske, Senior Planner January 28, 1991 Mr. Sam Martinez County of Riverside Department of Health Post Office Box 1370 Riverside, California 92502 Subject: Tentative Tract Map 25277 - Supplemental SAN 53 Information Dear Mr. Martinez: This letter is in response to your request for Information descptbing Eastern Municipal Water District's (EMWD) service responsibility to the subject projecl. Please be informed that, according to our records, the subject project lies outside the EMWD'S service area. in order tO be eligible for service by EMWD, the subject property must annex to EMWD and Metropolitan Water District of Southern California (MWD). For information retarding annexations, please contact the District's Customer Service Department at 714) )66-1810. AsSuming the subject project is annexed into EMWD and MWD, the following comments regarding sanitary sewer and reclaimed water service may apply: Sanitary Sewer 1. The anticipated daily wastewater flow from the subject project have been estimated as follows: Average Daily Flow (ADF}: ADF = (105 DU) (3.5 PERSONS/DU) (lOO GPCD) = 0.0368 MGD Peak Daily Flow (PDF): PDF ' (2.5) (ADF) - 0.092 MGD 2. lhe project iS located within the service area of the District's Rancho California Regional Water Reclamation Facility (RCRWRF), located In lemecula, The RCRWRF presently has a treatment capacity of 5.0 MGD and an average daily flow of 3.5 MGD. The RCRWRF iS beinq expanded to 6.25 MGD. Availability of treatment capacity is dependent on the construction timing of the subject project. ~r. Sem Martinez -2- January 28, 1991 The nearest available existing EMWD sanitary sewer ptpelinP to the sub}oct project is a X2-inch diameter pipeline located along Rainbov~ Canyon Ro~d at approximately Pechanga Creek. The cunflguratlon Of an onsite gravity flow sewer system shall allow for a connection in accordance with District standards to the exlStinq sewn,' described in Item No. 4 above. It is considered the responsibility uf the developer to propose a plan of service that takes into consideratio,~ the subject project grading plan, any tributary flow to the project site, and any offsite facilities required to make the proper connection to th~ existing sewer system. It would seem that a logical offsite sewer alignment would parallel the South side of Pechanga Creek for an approximate distance b..w..n the s. ject roJ.ct and the . tsting ,a,nbo. a Construction of an approved plan of service will allow for the subject project to be connected to the existing and master*planned sewer collection system comprised of q combtnatl on of qravi ty flow and presSu_~i~.d so%it pipeltnes~ and treatment and disposal facilities. ~he disposal of treated wastewater will be accomplished by a combination of' State approved beneficial use and percolatton practices. Available sewer currently does not front the subject project. The developer is expected to propOSe onstte and offsite sewer plans that must be reviewed by and receive the proper EMWD Planning Department approvals. It must be understood that the available capacity of the Dlstrict's se'~er system changes continuously due to development within the District. As such, service will be provided based on the timing of the Subject pro~ect, the service agreement with the District, and the status of the Dtstrict's permit to operate. Should you have any questions regarding these COmmentS, please contact Ruth Newsham or me at (714) 766-1850. Very truly yours, Director of Planning ~qF/HAS:RN:lp Cc: Joe Rlchards, Riverside County Planning Department John Fricker, EMWD 90-3418 WO#: 91-325 7/P ATTACHMENT NO. 3 EXHIBITS CITY OF TEMECULA / ! ,:SITE // ~) ? / -./ \ ,/:' /, CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: A VICINITY MAP P.C. DATE: September 21, 1992 S\STAFFRPT\5724CZPC CITY OF TEMECULA )IC / INDIAN IIIIBVATIOI L SITE / SWAP - EXHIBIT B Designation: 2--5 Dwdling Units Per Acre Residential ,~SITE :7 ZONING - EXHIBIT C Designation: R-R C3se No.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 P.C. Date: Seplember 21, 1992 S\STAFFRPT/5724CZ PC CITY OF TEMECULA CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: D TENTATIVE TRACT MAP NO. 25277, AMENDMF, NT NO. 4 P.C. DATE: September 21, 1992 S'STAFFRPTI,5724CZ PC CITY OF TEMECULA r-T'] <"~'T' CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: E TENTATIVE TRACT MAP NO. 27473 P.C. DATE: September 21. 1992 S/STAFFRPT\5724CZ PC CITY OF TEMECULA CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: F LOTS FRONTING ON VIA GILBERTO P.C. DATE: September 21, 1992 CITY OF TEMECULA CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: G ZONE CHANGE NO. 5724 ~[ P.C. DATE: September 21, 1992 ATTACHMENT NO. 4 INITIAL STUDY Rev,sed Septerreer 17, q 992 4 1 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY BACKGROUND 1. Name of Project: Acacia 2. Case Numbers: Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No.4. Location of Project: Southwesterly side of Pechanga Creek between Via Gilberto and easterly side of Temecula Creek Inn Golf Course Description of Project: A request for approval of a zone change from Rural Residential (R-R) to Single Family Residential (R-l) and a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres. Date of Environmental Assessment: August17,1992 6. Name of Proponent: Acacia Construction Address and Phone Number of Proponent: 8180 E. Kaiser Blvd., Suite 200 Anaheim Hills, CA 92808-2213 (714) 282-5800 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in Section III) 1. Earth. Will the proposal result in: Y~ Maybe No Unstable earth conditions or in changes geologic substructures? X X Disruptions, displacements, compaction, or overcovering of the soil? Change in topography or ground surface relief features? The destruction, covering or modification of any unique geologic or physical features? Rev,sed September 17, 1992 42 Y~ M~vbe No e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in siltation, deposition or erosion? __X g. The modification of any wash, channel, creek, river, or lake? X h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, liquefaction, or similar hazards? _ i. Any development within an Alquist-Priolo Special Studies Zone? _ Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? _ c. Alteration of air movement, temperature, or moisture or any change in climate, whether locally or regionally? __ Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X c. Alterations to the course or flow of flood waters? X X X X X X Change in the amount of surface water in any waterbody? Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters? X Rew$1d 5eptecnbet 17. 1992 4 3 YeS Maybe No g. Change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? Plant Life. Will the proposal result in: a. Change in the diversity of species,or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X X 6. Noise. a. b. Reduction of the numbers of any unique, rare, threatened, or endangered species of plants? c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? d. Reduction in the acreage of any agricultural crop? Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (animals includes all land animals, birds, reptiles, amphibians, fish, shellfish, benthic organisms, and/or insects)? b. Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? c. The introduction of new wildlife species into an area? A barrier to the migration or movement of animals? Deterioration to existing fish or wildlife habitat? Will the proposal result in: Increases in existing noise levels? 44 X X X X X X b. Exposure of people to severe noise levels? c. Exposure of people to severe vibrations? Light and Glare, Will the proposal produce or result in new light or glare? Land Use. Will the proposal result in: a. Alteration of the present land use of an area? Alteration to the future planned land use of an area as described in a community or general plan? Natural Resources, Will the proposal result in: An increase in the rate of use of any natural resources? YeS Maybe No X X X X X X b. The depletion of any nonrenewable natural resource? __ __ X 10. Risk of Upset. Will the proposal result in: A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardous substances includes, but is not limited to, oil, pesticides, chemicals or radiation)? The use, storage, transport or disposal of any toxic or hazardous materials (including, but not limited to oil, pesticides, chemicals, or radiation)? lq. 12. Possible interference with an emergency response plan or an emergency evacuation plan? C , 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? X X X X X Yq~ Maybe No 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Subs:~antial impact upon existing transportation systems, including public transportation? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards To motor vehicles, bicyclists or pedestrians? 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? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services: Libraries 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X X X X X X X X Ye~ Maybe 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to any of the following utilities: a. Power or natural gas? __X _ b. Communications systems? X _ c. Water systems? __X _ d. Sanitary sewer systems or septic tanks? X _ e. Storm water drainage systems? __X _ f. Solid waste disposal systems? X _ g. Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? _ _ 17. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? __ __ b. The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as schools and hospitals) to toxic pollutant emissions? _ _ 18. Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? __ __ b. The creation of an aesthetically offensive site open to public view? _ _ c. Detrimental visual impacts on the surrounding area? _ _ 19. Recreation, Will the proposal result in an impact upon the quality or quantity of existing recreational resources or opportunities? __ _ X X Ye~ Maybe N._.Qo 20. Cultural Resources. Will the proposal result in: The alteration or destruction of any paleontologic, prehistoric, archaeological or historic site? Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Any potential to cause a physical change which would affect unique ethnic cultural values? Restrictions to existing religious or sacred uses within the potential impact area? X III DISCUSSION OF THE ENVIRONMENTAL IMPACTS Earth 1 .a. Yes. Note: A geotechnical report for the project site was prepared by Soil Tech, Inc. on June 21, 1989; an amendment was prepared on April 13, 1992. The proposed project will cause changes in the geological substructures which include alluvium to a depth of up to 31.5 feet, colluvium to a depth of up to 2 feet, sandstone and bedrock. These changes will be primarily caused by ripping and probably by blasting. Moderate to difficult ripping might be required in the sandstone and bedrock formations. Blasting might be required in the granitic unit and cuts deeper than 25 feet. The sandstone and bedrock formations cover over 50 percent of the site and are located to the southeast of the 1060 contour line. Lots 58, 63, and 64 are located on bedrock as identified in the Soils Report. It is difficult to predict the requirement of blasting at this stage; usually in the grading stage anything that is impossible to rip is blasted. Therefore, if in the grading stage blasting is required proper mitigation measures will be required acceptable to the Public Works Department, Planning Department, Police Department and Fire Department. Furthermore, the project will not cause unstable earth conditions. A slope stability report has been prepared. With the incorporation of the mitigation measures introduced in this report the significant impacts are reduced to a level of insignificance. 1 .b.c, Yes. The project will cause disruptions, displacements, compaction and overcovering of the soil and result in changes to the natural topography. The project design includes 200,650 cubic yards of excavation, 180,770 cubic yards 1.d. 1,e. 1,f. 1.g. 1.h. 1.i. of embankment, 18,080 cubic yards of shrinkage and 1,800 cubic yards of excess. The difference between the highest and lowest points of the natural topography is 140 feet. Furthermore, the difference between the highest and lowest finished pad elevations is 94 feet. Since this grading will not cause any other environmental damage, i.e. disturbance of the oak trees, and mitigation measures such compaction of the soil, slope stability and erosion control have been incorporated into the conditions of approval, no significant impacts are anticipated. No. A site inspection by Staff revealed no unique geologic or physical features on the site. Therefore, no significant impacts are anticipated. Yes. The project will increase wind and water erosion of the soil on a short term basis; however, standard mitigation measures such as spraying the graded areas and sand bagging during the grading operations will reduce the impacts to an insignificant level. The long term impacts will not be significant since slope planting will protect the slopes against erosion. Yes. The project will cause a change in siltation, deposition and erosion since the site will be covered with concrete, asphalt and landscaping. However, this impact is not considered significant since drainage facilities will direct the storm water into Pechanga Creek and ultimately to Santa Margarita River. Yes. The project will cause modification of the Pechanga Creek by filling the creek bed to allow the construction of single family dwellings. No significant impacts are anticipated since the creek will still be able to carry the 100 year flood. Maybe. The project lies within an active area of faulting and seismicity within the Southern California region. This seismicity has included numerous earthquakes ranging in Richter magnitude from 4.0 to 5.0 within 30 miles of the site and have been recorded during the period of 1932 through 1972 according to the preliminary Geotechnical Investigation which included mitigation measures for soils compaction, foundation, and structural design to mitigate the impacts to a level of insignificance. These mitigation measures shall be monitored by the Building and Safety and Public Works Departments. Moreover, a portion of the project site is within liquefaction hazard areas. Mitigation measures in the Geotechnical Investigation shall be implemented by the Public Works Department to mitigate the impacts to an insignificant level. No. The project site is not within an Alquist Priolo special studies zone. Therefore, no significant impacts are anticipated. 2.8. 2.b. 2.c. 3.a.c.d. 3.b. 3,e. 3.f. Yea. The development of this project will cause air emissions and deterioration of ambient air quality. Short term impacts affecting the surrounding air quality would result from emissions generated by construction vehicles and dust generated during grading operations. These impacts are not considered significant because of their short term nature. According to the South Coast Air Quality Management District handbook the long term impacts of this project do not meet the threshold levels of significant air quality impacts. Therefore, no significant impacts are anticipated. No. The development of this project wilt not cause objectionable odors since these odors ere not caused by residential projects. No significant impacts are anticipated. No. The development of this project will not cause alteration of air movement,temperature or moisture or any change in climate,whether locally or regionally since these impacts are not associated with this type of project. No significant impacts are anticipated. Maybe. The proposed project is going to allow filling the flood plain to permit the construction of dwelling units above the flood plain which may cause alteration of the course or flow of flood waters. Proper permits and agreements shall be secured with the affected Federal, State, and local agencies including the Army Corps of Engineers, FEMA, Fish and Wildlife, Fish and Game, Flood Control and Public Works Department prior to issuance of grading permits to reduce the impacts to an insignificant level. The applicant has consulted the Fish and Game and Army Corps of Engineers and has received preliminary clearances from these agencies. However, further permitting will be required from these agencies. No significant impacts are anticipated. Yes. The development of this project will cause changes in absorption rates, drainage patterns and the rate and amount of surface runoff; since it will introduce impervious surfaces that will direct the storm water to Pechanga Creek. This impact is not anticipated to be significant since the creek will be able to carry the storm water. No. significant impacts are anticipated. No. The development of this project will not cause a discharge into surface waters, nor alter the surface water quality. Storm water runoff and possibly irrigation runoff from the proposed project would ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those of urbanized areas, including motor oil, pesticides, herbicides and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Board. This clearance will insure compliance with the National Pollutant Discharge Elimination System (NPDES), No significant impacts are anticipated. No. The runoff from the project is conveyed to Pechanga Creek and ultimately to Santa Margarita River which recharge the ground water in the Murrieta-Temecula basin. The runoff from this project is not anticipated to change the direction or rate of flow of ground waters. No significant impacts are anticipated, 3.g, 3.h, 3,i, 4.a,b. 4.c. 4.d. 5.b. 5.d. No. The development of this I~roject will not change the quality of ground waters,either through direct additions, withdrawals, or through interception of an acluifer by cuts or exaltations. The project site is not within the service area of Rancho Water District which will provide water serwces to the project. The applicant will annex to the district. If the annexation is complete, direct withdrawal of ground water will be mitigated to a level of insignificance. No. If the project is annexed to Rancho Water District, there will be no substantial reduction in the availability of water. No significant impacts are anticipated. Maybe. A portion of the project site is within the flood plain. However, the pad elevations have been raised above the flood plain. The project has been conditioned to meet FEMA requirements and the Public Works Department prior to issuance of grading permits. No significant impacts are anticipated. Yes. The 48 acre site contains: (1) Non-native Grassland and Phase of the Valley and Foothill Grassland Natural Community, (2) the Southern Mixed Chaparral Phase of the Riparian Woodlands Natural Community. The Non-native Grassland and the Southern Mixed Chaparral will be mostly eliminated due to development. However, from the 297 Southern Oak Riparian Woodland 3 will be removed, 24 will be transplanted and the rest will be preserved. The project has been redesigned several times to preserve these trees. Proper mitigation measures have been included to preserve, replace, and monitor the oak tree community within the project site to reduce impacts to a level of insignificance. Yes. The ultimate development of the project will produce new non-native species of plants within the individual lots. However, the open space areas within the project which contain the oak trees will not be introduced to non-native plants. The slopes within these areas will be planted with native species and temporarily irrigated subject to approval of an Abrorist. No significant impacts are anticipated. No. The project site is not currently being used for agricultural purposes; therefore, no significant impacts are anticipated. Maybe. The ultimate development of the project may eliminate some of the native animals on the site; however, some may survive in an urban environment. The only additions to the animal life are expected to be household pets. No significant impacts are anticipated as a result of this project. No. The Biological Reports did not identify any Stephen's Kangaroo Rats, Gnatcatchers or any other endangered species present at the site. A petition was filed with Fish and Wildlife to list the Mountain Lion on the Endangered Species list on February 1992; however, the petition has not been approved. No significant impacts are anticipated. Maybe. The Pechanga Creek has been used as a corridor for two Mountain Lion Communities located in the Palomar and the Santa Ana Ranges. The creek has 6.a. 6.b.c. 8.a. 8.b. 9.a.b. been left as open space to provide for a continued movement of wildlife which is between 200 and 300 feet in width. The project has been redesigned several times to provide open space corridors to the property to the south which is a mountainous area. The Pechanga Creek Corridor will be left as open space and additional open space will be provided to link the creek to the open space area to the south. This combination should be sufficient to preserve the wildlife corridor. Because of these mitigation measures no significant impacts are anticipated. Yes. The development of this project will cause an increase to existing noise levels. The short term impacts are associated with the grading and construction of the project and the long term impacts will mostly result from the traffic generated by this project. Due to the size and location of this project these impacts are not considered significant. Maybe. If it is determined during the grading operation that blasting will be required, the grading stage of this project will expose people to severe noise levels and vibrations. Necessary mitigation measures shall be implemented to reduce the impacts. If no blasting is required, no significant impacts are anticipated. Yes. The project will result in an increase in the light and glare of the area. However, the project has been conditioned to comply with Mr. Palomar Observatory lighting requirements to reduce the impacts. Furthermore, the Pechanga Creek is being used by wild life. This corridor will not be impacted since the lots will back- up to the creek. Substantial light and glare is not anticipated in the back yards and the street lights will be further away from the creek. Therefore, no significant impacts are anticipated. Yes. The existing zoning on the property is Rural Residential which will allow approximately 72 parcels on this site assuming the Pechanga Creek remains as open space. The proposed project which includes a change of zone to R-1 will create 96 residential lots. Therefore, this zone change will increase the density of the project by 33 percent. No significant impacts are anticipated from this increase. No. The Draft Preferred Land Use Plan designates the site as low density residential which allows a maximum density of 2 dwelling units per acre. The gross site area is 47.7 acres which makes it consistent with the General Plan. Therefore, no significant impacts are anticipated. No. The implementation of the proposeo project would increase the rate of consumption of both renewable and non-renewable natural resources during construction and project operation. The oak trees present at the site will be preserved or transplanted. A monitoring program will insure their well being or they will be replaced with new trees, The Pechanga Creek is a natural resource being used as a wildlife corridor; therefore it is being preserved. The natural resources consumed during construction would be aggregate materials, timber, and energy resources for on-site construction equipment and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project lO.a.b. 10.c. 11. 12. 13.a.c. 13.b. 13.d. 13.e. operation would include gasoline, natural gas for heating and cooling, electricity for lighting and appliances. As all of these resources are readily available commercially, the proposed project would not have a significant impact on natural resources. No. The project will not cause a risk in explosions in the event of an accident nor will it cause the use, storage, transport nor disposal of any toxic or hazardous materials since the residential nature of the project does not necessitate the presence of explosives, and toxic or hazardous materials. No significant impacts are anticipated. No. The proposed project will not interfere with an emergency response plan or an emergency evacuation plan since a secondary access to the site will be provided through the proposed Tentative Tract Map No. 27473. This access is acceptable to the Fire Department and will only be used in the event of an emergency. Therefore, no significant impacts are anticipated. No. The ultimate development of the site will create 96 single-family dwelling units which will generate approximately 272 new residents. This increase could be in the form of out of town residents moving into the city, the relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be significant. Yes. This proposal will add to the existing housing stock. It will result in construction of houses on vacant land which is used as an open space area by the neighborhood residents. However, this impact is not anticipated to be significant since the project site is zoned for residential. Moreover, trials and picnic areas have been incorporated into the project design to be used by the neighborhood residents. Maybe. The proposed project will generate approximately 960 trips per day which will be traveling through Via Gilberto and continue on to Pala Road. This impact is not anticipated to be significant since the trips will not affect the service level of Via Gilberto. However, it will increase the traffic on Via Gilberto to a point where a traffic signal will be warranted on Pale Road and Via Gilberto to mitigate the impacts of this project. With the incorporation of this mitigation measure impacts are reduced to a level of insignificance. No. The proposed project will not create additional demand on existing parking facilities since the proper number of parking spaces will be provided as garages. Therefore, no significant impacts are anticipated. No. The proposed project will not adversely affect the present pattern of circulation or movement of people since it is being served by existing road systems. No significant impacts are anticipated. No. This project will not cause alterations to waterborne, rail, or air traffic due to the nature of the project, its geographic location, and local transportation system. Therefore, no significant impacts are anticipated. 13.f. 14.a. 14.b. 14.c. 14.d, 14.e, 14.f. 15.a.b. Maybe. Project-related traffic could create new traffic hazards to motor vehicles, bicyclists and pedestrians, both on and off the project site. Points of conflict would be created as a result of additional traffic on Via Gilberto and an increased number of left hand turns from Via Gilberto to Pala Road. Internal circulation within the subdivision could also result in potential hazards to pedestrians. Since Via Gilberto is now a barricaded street, traffic is now limited to residents and visitors to the tracts on either side of Via Gilberto. A traffic light will be installed at Pala Road and Via Gilberto to reduce these impacts to a level of insignificance. Therefore, no significant impacts are anticipated. Yea. The proposed project will have an impact on fire protection. Mitigation fee of $400.00 per dwelling unit will be collected to mitigate the impacts of this development on Fire Services. The Fire Department has reviewed the project and has placed Conditions of Approval on the project to reduce the impacts of the project to an insignificant level. Yes. The proposed project will have an impact on police service. The City of Temecula is contracting through the Riverside County Sheriff's Department for law enforcement services. This contract provides for thirty-one sworn officers and seven non-sworn officers. Additional services are provided to the city through various divisions within the Sheriff's Department. The average response time for priority one calls is 6.5 minutes which according to the Sheriff's Department is well within industry standards for adequate service levels. The City intends to maintain a ratio of 1 officer per 1,000 residents. NO significant impacts are anticipated. Yes. The proposed project will have an impact on the schools; however, this impact will be mitigated by the payment of school fees. No significant impacts are anticipated. No. The project will have an impact on the existing recreational facilities. However, this impact is not significant since it proposes public open space area with trails and benches for the residents and Quimby fees will be collected to increase the number of parks in the City or develop the City owned parcels as parks. Yes. The project will cause increased traffic on existing city streets and will introduce new streets, both of which will increase the maintenance cost to the City. However, these impacts are not considered to be significant since the new homes and the new residents will generate additional revenue to the City to maintain streets. Maybe. The future projects residents will be using governmental services such as libraries, however, a $100.00 per dwelling mitigation fee imposed for this project will mitigate the impact. No significant impacts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of fuel and other energy resources. During construction, construction equipment would be consuming energy resources. At buildout, energy resources 16.a.b. 16.c.d. 16.e. 16,f. 16.g. 17.a.b. would be required during project operation, such as gasoline, natural gas, and electricity. However, the proposed project would not result in the use of substantial amounts of fuels or energy which are commercially abundant. No significant impacts are anticipated. Yes. These services will need to be extended to the project site upon the completion of an agreement between the applicant and the individual utility companies; however, the impact is not anticipated to be significant. Yes. The sewer and water lines will need to be extended to the project site. The proposed project is outside the service boundaries of both the Rancho Water District and the Eastern Municipal Water District which provide the water and sewer services respectively. Annexations to their boundaries will be necessary to provide service to this project. The sewer lines from the project will have to be extended to Rainbow Canyon Road where the existing sewer line is located. This connection line will be approximately 3,000 feet. No significant impacts are anticipated. Yes. The proposed project will cause a need for new storm water drainage systems. The storm water drainage system will be built on site and will direct the storm water to the Pechanga Creek and subsequently to the Santa Margarita River. No significant impacts are anticipated. Yes. The project will cause an increased demand for solid waste collection and disposal. The solid waste pick-up and disposal will be handled by the company under contract with the City and new residents will be assessed. No significant impacts are anticipated. No. All the services are within close proximity to the project site and could be available to the site upon arrangements with the individual utility companies. No significant impacts are anticipated. No. The nature of the proposed uses permitted on the project site is not such that they would create potential health hazards. No significant impacts are anticipated. 18.a.b.c. No. The proposed project will not result in the obstruction of any scenic vista, view open to the public, or detrimental visual impacts on the surrounding area. The residents abutting the north side of the creek have a view of the project site through their wrought iron fencing. However, this project will not block that view. No significant impacts are anticipated. 19. No, The proposed project will not result in impacts upon the quality or quantity of existing recreational resources or opportunities. The project will provide open space area to be used by the project residents and others in the neighborhood. These open space areas might include trails, benches and a tot lot. Furthermore, Quimby fees will be collected to further provide parks and open space and recreation 20.a.c.d. 20.b. opportunities to the surrounding residents. Therefore, no significant impacts are anticipated. No. An Archaeological Assessment was prepared by Jean Keller which recommended no further research for resources is necessary within the boundary of the project. Furthermore, the San Bernardino County Museum had no recommendations regarding this project. No significant impacts are anticipated. Maybe. A historic site, CA-RIV-330-H, is located just outside the project boundary to the south of the southwest property line. This adobe wall shall be protected from grading and possible blasting even though it is outside the project boundary. Fencing shall be erected around the adobe walls to protect the structural integrity of the wall from equipment and grading. If blasting is required within the vicinity of the wall, acceptable mitigation measures shall be incorporated to protect the structures. The fencing shall be shown on the grading plans. This fencing shall be at least four feet high and thirty feet in diameter surrounding the wall. With the incorporation of these mitigation measures the impacts are reduced to a level of insignificance. IV MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of · fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self sustaining levels, threaten to eliminate a plant, bird or animal species, or eliminate important examples of the major periods of California history or prehistory? Yes Maybe No X Does the project have the potential to achieve short term, to the disadvantage of long term, environmental 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 cumulatively 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 substantial adverse effects on human beings, either directly or indirectly? V DEPARTMENT OF FISH AND GAME "DE MINIMUS" FINDINGS Does the project have the potential to cause any adverse effect, either individually or cumulatively, on fish and wildlife resources? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends on for it's continued viability" (Section 711.2, Fish and Game Code). No X 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 significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the attached sheets and in the Conditions of Approval that have been added to the project will mitigate any potentially significant impacts to a level of insignificance, and 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. Prepared by: Signature Saied Naaseh, Associate Planner Name and Title August 17, 1992 Date ATTACHMENT NO. 5 TABLE I LOT BY LOT GRADING ANALYSIS FOR TRACT 25277 Pad Lotshigh Lots low elevation Lot # point-feet point-feet feet 1 1060 1052 1072 2 1060 1052 1072 3 1060 1052 1072 4 1076 1060 1065 5 1076 1064 1065 6 1072 1060 1063 7 1060 1056 1061 8 1060 1056 1060 9 1060 1056 1059 10 1056 1052 1058 11 1052 1048 1056 12 1052 1044 1055 13 1048 1044 1053 14 1048 1044 1051 15 1048 1044 1049 16 1048 1044 1048 17 1048 1044 1048 18 1048 1048 1048 19 1048 1040 1049 20 1046 1040 1049 21 1046 1040 1049 22 1044 1044 1049 23 1046 1046 1050 24 1044 1044 1050 25 1044 1044 1050 The amount of The amount of Elevation Cut (C)/Fill (F) Cut (C)/Fill (F) difference required for the required for the between the high high point to low point to & low points of become the pad become the pad the lot-feet elevation elevation 8 12 F 20 F 8 12 F 20 F 8 12 F 20 F 16 11 C 5 F 12 11C 1F 12 9C 3F 4 1F 5F 4 0 4F 4 1C 3F 4 2F 6F 4 4F 8F 8 3F llF 4 5F 9F 4 3F 7F 4 1F 5F 4 0 4F 4 0 4F 0 0 0 8 1F 9F 6 3F 9F 6 3F 9F 0 5F 5F 0 4F 4F 0 6F 6F 0 6F 6F Pad Lots high Lots low elevation Lot # point-feet point-feet feet 26 1048 1046 1052 27 1048 1048 1052 28 1049 1049 1053 29 1050 1050 1054 30 1052 1052 1056 31 1052 1052 1058 32 1056 1056 1060 33 1060 1060 1064 34 1064 1060 1068 35 1076 1064 1073 36 1096 1076 1088 37 1096 1084 1084 38 1084 1076 1080 39 1076 1068 1076 40 1072 1060 1072 41 1060 1056 1064 42 1056 1056 1057 43 1056 1056 1056 44 1052 1052 1055 45 1050 1050 1054 46 1049 1048 1052 47 1049 1048 1054 48 1050 1050 1056 49 1052 1052 1062 50 1056 1056 1066 51 1056 1056 1073 52 1060 1056 1073 The amount of The amount of Elevation Cut (C)/Fill (F) Cut (C)/Fill (F) difference required for the required for the between the high high point to low point to & low points of become the pad become the pad the lot-feet elevation elevation 2 6F 4F 0 4F 4F 0 4F 4F 0 4F 4F 0 4F 4F 0 6F 6F 0 4F 4F 0 4F 4F 4 4F 8F 12 3C 9F 20 8 C 12 F 12 12 C 0 8 4C 4F 8 0 8F 12 0 12 F 4 4F 8F 0 1F 1F 0 0 0 0 3F 3F 0 4F 4F 1 3F 4F 1 5F 6F 0 6F 6F 0 10 F 10 F 0 10 F 10 F 0 17 F 17 F 4 13 F 17 F Pad LoB high Lots low elevation Lot # point-feet point-fe~ feet 53 1060 1056 1074 54 1060 1056 1074 55 1060 1060 1076 56 1072 1064 1076 57 1084 1068 1078 58 1088 1064 1075 59 1096 1068 1080 60 1104 1084 1086 61 1112 1088 1090 62 1132 1092 1098 63 1132 1096 1106 64 1136 1104 1120 65 1144 1116 1123 66 1148 1136 1130 67 1152 1120 1134 68 1152 1128 1142 69 1152 1132 1127 70 1148 1128 1119 71 1144 1122 1115 72 1136 1096 1110 73 1132 1108 1108 74 1132 1100 1110 75 1144 1108 1112 76 1144 1140 1128 77 1144 1128 1130 78 1136 1128 1132 ~9 1132 1104 1098 Theamount of The amount of Elevation Cut (C)/Fill(F) Cut (C)/Fili(F) difference required for the required for the between the high high point to low point to & low points of become the pad become the pad the tot-feet elevation elevation 4 14 F 18 F 4 14 F 18 F 0 16 F 16 F 8 4 F 12 F 16 6 C 10 F 24 13 C 11F 28 16 C 12 F 20 18 C 2 F 24 22 C 2 F 40 34 C 6 F 36 26 C 10 F 32 16 C 16 F 28 21C 7 F 12 18 C 6 C 32 18 C 14 F 24 10 C 14 F 20 25 C 5 C 20 29 C 9 C 22 29 C 7 C 40 26 C 14 F 24 24 C 0 32 22 C 10 F 36 32 C 4 F 4 16 C 12 C 16 14 C 2 F 8 4 C 4 F 28 34 C 6 C Pad Lomhigh Lots low elev~ion Lot # point-feet point-feet feet 80 1120 I100 1090 81 1108 1092 1084 82 1104 1072 1080 83 1088 1060 1074 84 1064 1056 1067 85 1052 1048 1050 86 1052 1048 1054 87 1064 1056 1056 88 1072 1056 1058 89 1072 1060 1061 90 1072 1064 1063 91 1084 1068 1064 92 1084 1068 1066 93 1076 1074 1068 94 1080 1076 1070 95 1080 1076 1070 96 1076 1068 1072 97 Open Space 98 Open Space 99 Open Space 100 Open Space 10t Open Space The amount of The amount of Elevation Cut (C)/Fill (F) Cut (C)/Fill (F) difference required for the required for the between the high high point to low point to & low points of become the pad become the pad the lot-feet elevation elevation 20 30 C 10 C 16 24 C 8 C 32 24 C 8 F 28 14 C 14 F 8 3F llF 4 2C 2F 4 2F ' 6F 8 8C 0 16 14 C 2 F 12 llC 1F 8 9C IC 16 20 C 4 C 16 18 C 2 C 2 8C 6C 4 10C 6C 4 10C 6C 8 4C 4F SISTAFFRPT\25277.FRM ATTACHMENT NO. 6 CORRESPONDENCE BOAI~D OF DIP~ECTOR5 HOn William Newsore E\ECLITt\E D~P, ECTOR MG k j ,Palmer HO',,OR,~R,~ BO.\RD A NOn Profit Tax Deauct~ble ,rganizat~on RECE!VEn, J tl L 2 A iS2 MOUNTAIN LION FOUNDATION RO. Box 1896 · 5ACP, AMENTO. CA 95812 916-442-2666 July 20, 1992 Mr. Saied Naaseh, Associate Planner City of Temecula 43174 Business Park Dr. 'Temecula, CA 92590 FOR THE HEARIMG RECORD, AUGUST 3, 1992 ACACIA HOMES DEVELOPMENT City of Temecula, Planning Commission Dear Mr. Naaseh: The Mountain Lion Foundation is very concerned about the loss of habitat and movement corridors ("habitat linkages") for mountain lions and other wildlife throughout California. The Mountain Lion Foundation has been active in taking steps to preserve such habitat areas. Enclosed is a copy of our report Preservinq Couqar Country for land-use managers. A copy of our petition to list the Santa Ana Mountains population of mountain lions as endangered under the provisions of the federal Endangered Species Act is also included (See Figure 6 for a description of the Pechanga Creek wildlife corridor and mountain lion data from Dr. Paul Beier). I have also enclosed a copy of our letter Eo Mr. John Meyer of the City of Temecula expressing our interest in working with the City of Temecula as the General Plan is prepared. Relative to the proposal before the City of Temecula Planning Commission for the Acacia Homes Development, I would like to provide the following comments for the hearing record: As noted in the enclosed Petition prepared · for the U.S. Fish and Wildlife Service on the status of the mountain lion in the Santa Ana Mountains of southern California, this population is virtually isolated from surrounding lion populations. If completely isolated, over time we anticipate that the population would go extinct due to inbreeding problems and a general decline in the population. Recvclea paDer The.only viable wildlife corridor that could be used (or is now being used) is through Pechanga Creek, linking the Santa Ana Mountains with the Palomar Range. Other potential corridors pose serious barriers to the movement of mountain lions, according to Dr. Paul Beier, who is conducting the Orange County Mountain Lion Survey on behalf of the University of California and the · Department of Fish and Game. Not only is the Pechanga Creek wildlife corridor important for mountain lions; other wildlife and plant species benefit from uninterrupted corridors that link populations, preventing inbreeding and other disasters that may cause species extinction in the long run. From a planning standpoint, it is important to preserve the corridor now, in order to maintain the movements of mountain lions and other species, as well as to prevent development projects from running into conflicts with wildlife. For example, if the Pechanga Creek corridor is foreclosed to mountain"lion movements by the Acacia Homes Development, the U,S. Fish and Wildlife Service may conclude that the Santa Ana Mountains population of mountain lions should be listed as an endangered species as there are no viable alternatives for protecting the population. Listing would impede other development projects in the region that would have to comply with the strict provisions of the federal Endangered Species Act. Another potential problem is human and pet conflicts with mountain lions -- if planned correctly, the Acacia Homes Development can encourage mountain lion movements while discouraging interactions between pets and humans. Planning for the wildlife corridor is important from the outset. Indeed, since the Temecula area has been experiencing growth, some habitat for the mountain lion has been degraded along the Pechanga Creek watershed. Dr. Paul Beier has recommended taking steps to enhance the wildlife corridor (through planting of native shrubs, reducing lighting of the corridor while enhancing lighting in residential areas, restricting dogs, etc.) in order to increase the chances for mountain lions to move effectively between the Palomar Range and the Santa Ana Mountains. Certainly, these provisions for enhancing the wildlife corridor must be included in any development proposal like the Acacia Homes Development. Also, since mountain lions are secretive and generally shy animalS, the wildlife corridor could be used for open space and recreational purposes (hiking, biking, nature study, horse-back riding, etc.) bythe residents, as long as precautions are taken to reduce the chances of conflicts. Proper planning now can reduce these potential conflicts and ensure that the wildlife corridor is an asset to the community. We have recommenaed that the City of Temecula, during the General Plan process, engage in a Coordinated Resource Management Plan process (CRMP) with other state and federal agencies, including county land-use agencies, the U.S. Forest Service, the Department of Fish and Game, andU.S. Fish and Wildlife Service. Through the CRMP process, all relavent government agencies will be involved, and the City of Temecula will be able to coordinate activities so that the full wildlife corridor can be protected throughout its length instead of on a piece-mealbasis. Experts like Dr. Paul Beier and other interested organizations, like the National Audubon Society, Sierra Club, Nature Conservancy, and the Mountain Lion Foundation, can also be involved in the CRMP process. Dr. Beier's report "Determining Minimum Habitat Areas and Habitat Corridors for Cougars" (copy enclosed).provides much information on how to address the size and limits of the wildlife corridor. Beier notes that, based on his computer model, "if as few as 1-4 animals per decade could immigrate into a small population, the probability of population persistence increased markedly. Thus a corridor for immigration would benefit a small population in an area where further loss of habitat will occur." (from Page 1, Abstract). Thus only minimal use by mountain lions is needed for the corridor to prove viable for protecting the Santa Ana Mountains population from extinction. In conclusion, we urge the Planning Commission to: (1) Delay approval of the Acacia Homes Development until-the General Plan for the City of Temecula is approved: (2) Use the General Plan process to provide long-term protection to the Pechanga Creek wildlife corridor, with particular emphasis on maintaining and enhancing the corridor for use by mountain lions while discouraging conflicts for the surrounding developed areas; (3) Work with other state, federal and nonprofit conservation agencies to coordinate efforts to protect the mountain lions and the Pechanga Creek wildlife corridor in perpetuity; (4) Consult with Dr. Paul Beier and other mountain lion and wildlife experts on the most viable means to enhance the Pechanga Creek wildlife corridor for use by mountain lions and other wildlife; and (5) Keep the Mountain Lion Foundation informed of your actions on the Acacia Homes Development and the Pechanga Creek wildlife corridor. Should the Planning commission wish to proceed with the Acacia Homes Development at this time, the Mountain Lion Foundation feels that a complete Environmental Impact Report (EIR) under the provisions of the California Environmental Quality Act is legally required. Please send us all appropriate CEQA documents for the Acacia Homes Development at this time, and please include us on your list of interested parties to recieve future notices and CEQA documents for review. Thank you for your consideration of our views and concerns. We would be happy to work with the City of Temecula to seek protection for the Pechanga Creek wildlife corridor, mountain lions, and other wildlife. Sincerely yours, Mark J. Palmer, Conservation Director/CEO ENCLOSURES BOARD OF DIRECTOR5 Non Wilharn Newsam RCIDDI Joseph HUFwLTZ Bill Yeates SCOtt Hennessv E'.,ECUTI~.L L)IEECTDP, HD\OR XFq BO.',P D MOUNTAIN LION FOUNDATION RO. Box 1896 · SACP, AMENTO. C,,~ 95812 91G'442'2666 July 20, 1992 Mr. John Meyer City of Temecula 43174 Busines~ Park Dr. 'Temecula, CA 92590 RE: CITY OF TEMECULA GENERAL PLAN Dear Mr. Meyer: The Mountain Lion Foundation is. deeply concerned about the future of the mountain lion in California. In particular, We have been active in seeking protection for habitat for mountain lions and other wildlife. The Mountain Lion Foundation was a major sponsorof Proposition 117 ("The Mountain Lion Initiative"), passed by California voters in June 1990. Proposition 117 prohibits trophy hunting of mountain lions and provides $30 million annually for the next 30 years for habitat acquisition and enhancement. The Mountain Lion Foundation further authored the Petition to list the Santa Ana Mountains population of mountain lions as endangered under the provisions of the federal Endangered Species Act. A copy of the petition is enclosed for your information. Also enclosed is a copy of our guide for local land use managers: Preserving Couqar Country. We understand that the City of Temecula is involved in developing a new General Plan. Dr. Paul Beier, conducting the Orange County Mountain Lion Survey for the University of California and the state Department of Fish and Game, has identified Temecula Creek as an important wildlife corridor that can serve to allow movement of mountain lions between the Santa Ana Mountains and the Palomar Range. Without thi~ habitat link, the Santa Ana Mountains population would be isolated and expected to die out due to inbreeding and related population deterioration over time. Therefore, the Mountain Lion Foundation urges the City of Temecula to include protections for this wildlife corridor in the city General Plan. Movements for mountain lions and other wildlife must be planned in advance, both the protect and preserve our wildlife heritage and to minimize the conflict between'development and wildlife needs. Please add the Mountain Lion Foundation to your list of interested parties who receive notices of the process and drafts of the General Plan. We are interested inhelping protect the corridor for the long term. As protection of the mountain li0n involves other jurisdictions besides the City of Temecula (e.g. county property, National Forest lands, and federal and state wildlife agencies), may we suggest the city take this opportunity to engage in a Coordinated Resource Management Plan process (CRMP) with appropriate state and federal agencies? This process allows for coordination to address resource issues, like wildlife preservation, and will help spread the burden of planning and responsibility among several government agencies instead of solely the City of Temecula. Thank you for your consideration of our comments. Sincerely yours, ENCLOSURES Mark J. Palmet, Conservation Director/CEO PRESERVE OUR t"LATEAO ,. John Meyer, Senior Planner City of Temecula 43174 Business Park Dr. Temecula, CA 92590 August7,1992 RE: General Plan preparation Dear Mr. Meyer: Thank you for this opportunity to make additional comments on the preparation of Temecula's new General Plan. Our grassroots citizens group of several hundred members is dedicated to the preservation of the Santa Rosa Plateau and its surrounding ecosystem. We urge you to incorporate provisions for wildlife movement corridors into the General Plan. Such early attention will undoubtedly avoid serious conflicts later on, such as the current California Dept. of Fish and Game lawsuit against the City of Anaheim over mountain lion corridors in Coal Canyon. Wildlife corridor planning should be done after consultation with expert biologists and focus on "habitat linkages" rather than narrow corridors. In this way, we will preserve the viability of the natural world which the public cherishes while also siting appropriate development. Areas of particular concern at this time include Temecula Creek and Pechanga Creek, and we urge specific protection of these riparian corridors in the General Plan. Thank you very much for consideration of these additional comments. W~th best regards, Dan Silver, MD President Mailing address: 1422 N. Sweetzer Ave., #401 Los Angeles, CA 90069-1528 PRESERVE OUR PLATEAU I~or.~ OfiiQ., Box lr~ ~t,Jol~.},, ~ifif~,nl,, ~95~ August7,1992 RECEIVED AUG I 0 1992 Ans 'd ................ Mr. Saied Naaseh, Associate Planner City of Temecula 43174 Business Park Dr. Temecula, CA 92590 RE: Acacia Homes proposed development Dear Mr. Naaseh: Our grassroots citizens group of several hundred members is dedicated to the preservation of the Santa Rosa Plateau and the surrounding ecosystem. We believe that potential adverse impacts to the Pechanga Creek wildlife movement corridor from th~s proposed project are significant and require preparation of an Environmental Impact Report. For example, adverse effects on mountain lion populations would be of major s~gnificnace. Furthermore, processing of this application should wait until the adopbon of a General Plan in which these larger environmental constraints are considered. We urge you to require protecbon for the Pechanga Creek habitat linkage and for other such crmcal areas. Please include th~s letter in the administrative record and put us on the maihng hst for hearing notification and public documents under CEQA. Thank you very much. S~ncerely, Dan Silver. MD President Maihng address: 1422 N. Sweetzer Ave., #401 Los Angeles, CA 90069-1528 PRESERVE OUR PLATEAU August 25,1992 RECEIVED AUG 2 8 1992 lns 'd .......... Mr. Saied Naaseh, Associate Planner City of Temecula 43174 Business Park Dr. Temecula, CA 92590 RE: Acacia Homes proposed development (Tentative Tract Map No. 25277, Change of Zone No. 5724, public hearing Sept. 21) Dear Mr. Naaseh: Our grassroots citizens groub of several hundred members is dedicated to the preservation of the Santa Rosa Plateau and the surrounding ecosystem. We have revtewed the Initial Environmental Study and Environmental Determination for Acacia Homes and find them legally deficient in several aspects. As you know, the California Environmental Quality Act requires that if there are potentia~y significant impacts, an environmental impact report must be prepared. While you state that these potential impacts exist in many areas, it is erroneously concluded that they would be mitigated to insignificance by the findings in the attached Inmal Environmental Study. Our comments are as follows: 1) No threshholds or standards are established for findings of insignificance. For example, what scientific standards did you use to conclude that impacts to the Pechanga Creek wildlife corridor will be ~ns~gnihcant? (5.d.) What threshholds for sfitat~on. eroston. etc. were used to determine that ~mpacts to Pectnanga Creek would be insignificant? (1 .f., 1 .g.) 2) There is no reasoned analysis to support conclusions made. For example, in 1 .f., watershed Impacts are noted. but the conclusory statement that these Impacts are not s~gnificant "s~nce drainage facd~ties will d~vert storm water into Pechanga Creek and ultimately into the Santa Margartta R~ver" is circular: It is the ~mpacts of these flood alterations on the creek and the river which are the very object of our concern. in 1 .g., it ~s noted that pan of the creek bed will be filled. These mulhple impacts are not adequately addressed by referring to only 100 year flooding capacity In 3b., the statement that ~ncreased runoff will be tns~gnificant due to the fact that the creek "will be able to carry the storm water" is conclusory and not backed up by evidence. What about scouring, Impacts to vegetation, and downstream ~mpacts? In 3.e., the statement that water pollution impacts will be insignificant due to future permitting by the state or federal government does not ensure that impacts are reduced to insignificance, but only that conditions of a particular permit are to be met. According to CEQA, these measures need to be stated in advance, not deferred. 3) An adequate analysis of watershed mitigation alternatives was not undertaken. Alternative watershed management, such as detention basins and dry wells, was not considered. These measures must be considered in order to reduce the impacts of direct stream discharge from increased impervious surface run-off and attered flow patterns, 4) Cumulative regional impacts on the watershed from increased flow velocities, runoff, erosion, etc. were not even considered let alone mitigated. It is the incremental effects of numerous small projects such as Acacia which cause significant long-term impacts to the Santa Margarita River system. These cumulative impacts must be adequately disclosed and mitigated. The current document does not provide decision-makers with adequate ~nformation and short-changes the public interest. We again ask that a full Environmental Impact Report be prepared to address these serious legal deficiencies or that further and sufficient analysis be undertaken in a new mitigated negative declaration. The most important lesson of the Acacia experience is that only a comprehensive wildlife corridor and watershed management plan encompassing all past, current, and future development will successfully address cumulative impacts and preserve the vital public resources of the Santa Margarita River system. We would be happy to work with you to resolve these ~ssues, particularly ~n the context of the new General Plan. Sincerely, Dan Silver. MU President Mailing address: 1422 N. Sweetzer Ave., #401 Los Angeles, CA 90069-1528 CC: City Council Jonn Meyer, Semor Planner August31.1992 Friends of the Santa Margarita River P O Box 923 Jailbrook. CA 92u88 AU~ 3 1 1992 Ct TY OF r~Mt~CLILA Mr Saied Naasch City of Tcmccula Planning Dcpartntcnt 43174 Busincss Park Drive Tcmccula CA 9259(} Acacia Homes P, cx ~cxk of lnmal Stud\ fur Negative Declaration for Tcntatt:c Tract map ~- 25277 and (hangc of Zone r- 5724 Dear Mr Naasch The Friends of the Santa Margarita River is an organization of several hundred pcOplc dcdicatcd to protecting and prcscl xmg the natural riparian environment ofthc Santa Margarita RIver and its tributaries }hMoltc:fih. the 5:rata 'Mar[.{;u'ihi v,a., a ,.till iound ii,.ci supp,.lrtmg all u/d~gcnous population of stcclhcad hlcrc:tscd use ,.1I the undclground aqultcl~, and imported xxatcr ha~c slgni~cantl} degraded flus last f,'cc ~¢Bs i,,~ river i,I soulbern C:,lifornia and t]sh populatxons arc ~ Irktall', Bur/c\lsI~211t Ahhou~h there is no x~:t\ Illat Illis mcr can bc restored to Its pristine historical protect [ilcbc xxiltcls Irom further dcgradamm and M~cncxcr possible llllprOXC the quahi> ofxxatcrs dE,char~cd rata the Silllla %I:tI~.H IIil :Hk] It, tr~httt:tr~c~ quzltl[~. of tills v, atcr" ']'llc '1 DS. the .znMunt ,it' added I'hosphatc and Nnratc fcrlzhzcrs and I g -'Thc prcUcct will cause mod!/icanon q/'the Pechanga Creek b3,.~lling the creek bed No stgn(/ic~Tnt nnflacts are anncq~ated since the creek .'ill still be able to carry the ]00 year,flood" 3 b -" the creek will be oble to carry the storm water." Although Pcchanga Creek may be able to handle 100 3car floods at this time how x~cll x~ ill it handle 100 >'car floods after this and other possible projects of this t>pe are allowed to increase the rainfall runoff? It is also important to look downstream. Historicall>' the waters converging at Tcmecula Gorge backed up. creating cattail ntarshes along both sides of Tcmecula and Murricta Creeks Urban development x~ith its houses, concrete and asphalt paving in the Santa Marganta xx atcrshcd has increased rainfall runoff man>' times over. now even relatively minor storms create flooding problems Accordina to the Riverside County Flood Control District. as stated at a recent meeting w~th the Temecula City Council. the Tcmecula Gome will not accept 100 year floodwaters and flood xxatcr xxill back up oil both Tcmccula and Murricta Creeks They state that it will rcquirc s~gnl~cant alteration (blasting) to relieve tbis congestion This ~intcr's stomps (a ten :,'car event) crcatcdproblcmsmman>arcas Whatdcgrccoffioodmgcantbccham~clacccptattb~stm~c? VCcstcrn creek and rt,.cr beds ha'.c c,.olvcd to handle large inundations. water meanders. changing course and slov, mg as it cncountcrs natp.'c patches of vcgctation Prqjccts of this tfpc x~hich fill m. straighten and narroxx an2, portion of a historic strcam channel decrease the soil surface axailablc to absorb runoff, and burr) the xxatcr to thc rp.'cr xxhcrc ~t piles up behind the Tcmecula Gorge Rcccntl3 the C~t) of Tcmccula along x~ith Union for R~vcr Greenbelt Environment (U.R GE) xxas axxardcd an urban streams $50./)0(} grant to promotc a ri,.cr greenbelt through the Cit', of Tcmccula To allox% prQIccts such as thc Acacia Homes to channehzc "insignificant" portions of the trlbutar,, crocks is &rcctl5 m opposmon to the stated purposc of this grant winch is to beauIll> and promote pubhc uses ofTcmccula's rl%cr corridors Continued acceptance of prOjects ofth~s type xxfil chinmate anx posstblht> ofaxoldmg a concrete channel through Oldtoxx~ The City of ] cmecula should allo'~ no changes to tile historic banks of the Santa Margarita and its tributaries, including Pechanga Creek, before a comprehensive plan for the Santa Margarita ~atershcd is prelmred. x.\ tlat arc these condmons' .-\cct,rdmg to the E P A urban runoff. v, lth Rs increased phosphates and ntlratcs. has resulted m a e~(ll',, algae grox~Ih on tile surface and bottom of the Santa Margarlta Rl'.cr alld slglIlficalll degradation ,.fitlie csltK/r,. a! ('amp P211dlclon a condlttol~ tbc'. fcc] is tillacceptable for the Illallx rare and cn&mgcrcd species riga: rcl', oil tl~csc ,.',atcrs Tile dc'.clopcr aud tile (It> of Tcmccula should not defer rcspons~blht3 Io slate and federal agencies ',,.hose mablhl,. to Sufftclcnll> re'. ~c'.', all proloots has allov, cd the quaht', of the mcr and its cstuar> to degrade to their present cond~l~on_s The ans,.xcr "".la,. be" ts al~phcd onl3 to the prt~lcct area and does not address the effects of Ctlllltllallx C altered x~atcr qualit\ 011 dox~nstrcam spcclcs IV - I "Does the project have the potential to degrade the quail.n, qf the envlranment'~'' Yes. Without specific plans to catch and treat "first flush" pollutants. and retention basins to alloxx for percolation of increased water ranoff. it appears this project will significantl.x degrade the environment. Plans to deal with these problems should be undertaken at this time or a complete EI.R should be prepared detailing procedures to be taken to mitigate these problcms. Although the conditions created by this project may seem insignificant. each ncx~ "insignificant'* prqject adds to the cumulative total of decreased water recharge. increased runoff and increased pollution It is the le~zal responsibility of the City of Temecula to protect the qualit}' of thc xxater discharged into the river for those downstream users, which includes the community of Fallbrook as x%cll as the U.S Marine base at Camp Pendleton. This application for tract approval and a negative declaration relies upon the State and Fcdcral agencies and thc Rancho Watcr District for their approvals on admirtcd environmental conccms. but does not suppl} these agencies x~ith the data that supports their conclusions that thcsc nnpacts arc mstgnl~cant It ts the rcsponsibilit.x of the developer to quanti~ these concerns and proxc that the\ arc m tb. ct "msigm~cant" It should be the concern of the Cit.x of Tcmccula to address tbcse cc~nccrns thoroughl:, smcc the c~t} ~s legall} responsible to dox~nstream users for the qualit} and quant~tx of the xxatcr 7 ".$'tth.vtanlta/]lflht and g/arc zs not annctpated m the back yards " This has notbig to do dlrcctl.x xxlth xxatcr concerns. hox~cvcr. ~t is paramount to the contmucd usefulness of thc plalmcd wfidlifc corridor Is there a CC&R rcgulatmg light sourccs within this dc~ clopmcnt" If noL oxenors concerned about pcrcm~cd dangerous x%ildlifc arc frcc to restall xqldhfc disruptrag hght sources m their back'Sards Friends of the Santa Mar~arita River firmly believes that historic Pechanga Creek must be proleered. B.~ insurin~ no chan~e m its historic banks, first flush pollution containment and nn site ~ alcr alelent ion this can be achicx cd ~ ithout significant sustained economic effect on the ~ro~sth and dcxelopmcnt of the City of Temecula. \\ c ~xould bc hiq~p\ [o x%ork ~xtth the Citx of Tcmccula and the proponents of Acacia Honlcs. or :m} ott~cr proloci. on ~ssucs that c/'l~ct the Santa Marganla Rtxcr ~xatcrshcd Nnncx II Backstrand President 714 h77-7341 Rainbow Canyon Village Homeowners Association P.O. Box 1675 Temecula, CA 92593 TO: FROM: SUBJECT: DATE: Saied Naaseh City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Rainbow Canyon Village Homeowners Association ZONE CHANGE ACACIA PROJECT August 31, 1992 The mitigation measures described with the initial environmental study .will not mitigate potentially significant impacts to a level Of insignificance. Page 13 states a traffic signal at Pain Road and Via Gilberto will handle the traffic problem. Let me tell you Rainbow Canyon Villager is at the bottom of the ladder and will receive the full impact of the 960 trips per day this project will generate when trying to turn on to Pain Road. Gridlock and traffic hazards will increase at Rainbow Canyon Road and all other intersections on to PaPa. when this project is complete. · · · · · Lack of a new bridge over Temecula Creek Lack of fire protection near 79S Lack of a traffic hght at Ra,~bow and Pain Lack o~' a traffic ~mpact for the proposed Pechanga Indian gaming house on Pain Lack of a traffic ~mpact for the proposed wate,' park on Rainbow Canyon Road Because of the above, all zone requests and others tn this area should be denied until corrected. Sincerely, ) Eric Brown President - Rainbow Canyon Homeowners Association RECEIVL AUG 1 1992 CITY 0F TI:MgCULA ATTACHMENT NO. 7 WHAT TO DO IF YOU ENCOUNTER A MOUNTAIN LION IF AN ENCOUNTER OCCURS, HERE ARE SOME TIPS: DON'T RUN! Don't crouch down; the lion has seen you long before you saw it. Hold your ground, wave your hands, shout! If the lion behaves aggressively, throw stones. Convince the lion that you are not prey and that you may be dangerous yourself. If you have little children with you, pick them up. Do all you can to appear larger. Report any mountain lion sightings, IN DETAIL, to the City of Temecula Community Services Department as soon as possible. ATTACHMENT NO. 8 OAK TREE INFORMATION Rev~led Septerre~er 17. 1992 62 If you're lucky enough to have a big oak tree How many custom houses have been designed to future · nati~ oak, only to have the tree die a few years later'?. And how many developments named for a stand of oaka have any (or more than a small handful) of the original trees remaining? Here arc some facts of life about coexisting with native oaks. (For more on keeping native oaks healthy, see page 190.) Oaks are highly adaptable. An acorn may take root on a dry hillside. next to a creek, in · lawn, or in a desert. Individual trees adapt to specific ~onditions. But once they adapt, survive, and mature, their environmental tolcrance~ become increasingly narrow. Dry-season irrigation of · tree that's become accus- tomed to a century of dry summers can actually cause its death. gf ~om mutt change soil Iml around an oak. use retaining walls :o mi~mize soil movement and prexerve ori~r~al grade root zone, the grade is altered. Excavation potentially destroys or damages roots; adding soil reduces the amount of air cirnu- lnting in the soil and can promote root-destroying fungus. There is no guarantee that you can add fill around an oak without killing the tree. But if you must. take the following steps. First, at existing soil level, remove grass, leaves, and other material that may form an ·it-and-water barrier. To aid air circulation. use 4-inch-¢tiameter plastic drainage piped on the original soil surface. Set them so they radiate out from the trunk, then rising to the new nail level near the arco's drip line. Use only porous topsoil us fill around trees, and be sum it slopes away from the trunk. TreneAiag. The need for this familiar construction process is often taken for granted. But under an oak's canopy, it can destroy a major portion of the trne's roots. The best alternative to trenching ia to bore through the soil. (Boring will contact and damage some roots--but fewer than trenching will.) Then install a conduit pipe large enough for all If boring is not possible, dig only one trench and use a single conduit for all services. (lt's not uncommon for each contractor to dig his own trench, multiplying the damage to the tree.) Pm, istg. Coveting tha toll with any no·porous material blocks the circulation of air and water. Instead, pave with brick on a bed of sand. You can also cover the area with rock, gravel, or mulch. Any material that allows movement of air and water into the soil is acceptable. Decking. Use large beams and few support piers to minimize digging. in situations where there will be a lot of foot tra~c around the tool zone, it's better to install an appropriately constructed deck than to do nothing. The decking keeps soil- compactlag footsteps off the root zone. t3 Keep in mind that native oaks die alowly. It might take a decade or longer for an old tree to die after enduring construction around its base. A succen story bused on one trots survival for eve years or so doesn't prove much. The most vulnerable parts of a mature oak are the root zone and the bash of the trunk. A native oak develops a deep taproot early in its life; later, the mo~t important roots are relatively shallow, within the top 3 feet of soil. Figure that an oak's roots extend at least Rvcrat yards beyond the outermost edge of the areo's foliage. Ideally, you should keep this entire are~ free of disturbance. This means no grading, digging, trenching, paving, landscaping, or summer irrigation; no construction equipment near; not even much foot traffic. If you compromise, assume that the trec's long,term survival is at ~orne risk. But you can still preserve the root-zone area in as natural a condition Ks possible. Keep ground disturbances to a minimum, and keep them as far from the trunk Ks you can. precautions to take when ymj build ·round a native oak A mature tree is adapted to a specific balance of moisture, air, soil temperature. and nut·cult A change in any one factor can upset the balance and cause the tree to decline or even die. There is no one general rule. The age, size, species, location, and health of the individual tree all figure in that tree'a ubilisy to tolerate change. Here are ~xoe of the commoneel zonstruction-related oh·l- tengas to native oaks, and some way% to minimize the damage. Grade changes. Any time you add or remove soil from an oak's