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HomeMy WebLinkAbout020596 PC AgendaCALL TO ORDER: ROLL CALL: PUBLIC COMMENTS TEMECULA PLANNING COMMISSION February 5, 1996, 6:00 PM Rancho Ca~fornia Water Distriet's Board Room 4213S Winchester Road Temecula, CA 92390 Chairman Ford Fahey, Miller, Slaven, Webster and Ford A total of 15 minutes is provided so members of the public can address the commissi~pers'6n items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. ff, y6/~ d~sire to spe~Ic~o the Commissioner~:4a56Ut ~"'i~fii"~ listed on the Agenda, a pink 'Request t~ Speak" ~Orm.slio~ld be fdled out and ~:with the Commi~'ton Secretary. . .." ' ... ...... When you are c, alled to speak, please come foeyard ana state your'name and address. For all other agenda items a "Request tb"~peakr. foi'i~'must be ~ed with the Planning Secretary before Commission g~f~ ~o that item..Therc:iS~n~,~ute time limit for individual speakers. C'O,ff ?!I.~SIO.V B!.'.VI.~ ESS I. .~ppro~al or Age.ida 2. I)ireetor's Ileariilg Lpdale 3. Altne~afion Pruet~ 4. [.igiding, Lendsleeping and Stuff Ri,'Ixw| Conm~t PUBLIC IIEARING ITF:s4S NONI.~ PI,A%NING I)IRECIOR'S REI~')ItT PLANNING COMMISSION DISCUSSION OTHER BUSINESS Next meeting: March 4, 1996 - Regular Planning Commission meeting ADJOURNMENT ITEM #2 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, planning Manager February 5, 1996 Director's Hearing Case Update The following cases were approved at Planning Director' s Hearings in January 1996: January 4, 1996 January 25, 1996 Attachment: 1. PA95-0009 · Temecula Valley Congregation of Jehovah' s Witnesses, Inc. PA95-0103 · Parcel Map 28265, Division of .82 Acres into 2 Lots PA95-0136 · Revised Plot Plan, Tenton Corp./Nissan of Temecula Action Agendas for January 1996 - Blue Page 2 R:~DIRHEARLMI~MO~-$-96.DH 118/96 klb I ATTACHMENT NO. 1 ACTION AGENDAS ACTION AGENDA TEMECULA DIRECTOR'S F~ARING REGULAR 1VIEETING JANUARY 4, 1996 1:30 PM TEMECULA CITY H~IJ, MAIN CONFERF~CE ROOM 43174 Business Park Drive Temecula, CA 92390 CALL TO ORDER: John Meyer, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and fled with the Senior Planner. When you axe called to speak, please come forward and state your name and address. For all other agencla items a "Request to Speak" form must be fried with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC n~F,~RING ITEM NO. 1 Case No: Applicant: Location: Proposal: Case Planner: Recommendation: ACTION: PA95-0009 Temecula Valley Congregation of Jehovah' s Witnesses, Inc. Pauba Road, southwesterly of the intersection with Margarita Road To build a 180 seat Kingdom Hall of Jehovah' s Witnesses Stephen Brown Approval APPROVED ITEM NO. 2 Case No: Applicant: Location: Case Planner: Recommendation: ACTION: PA95-0103 GFI Partnership Jefferson Avenue, northwesterly of Winchester Road Parcel Map 28265, Commercial Parcel Map, division of 0. 82 acres into 2 lots Stephen Brown Approval APPROVED ADJOURNMEVr ACTION AGENDA TE1VIECULA DIRECTOR'S BARING REGULAR MEETING JANUARY 25, 1996 1:30 PM TENIECULA CITY HALL MAIN CONFERENCE ROOM 43174 Business Park Drive Temecula, CA 92390 CALL TO ORDER: DebbielJbnoske, PlanningManager PUBLIC CO1VIM~NTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to spa to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be fried out and filed with the Senior Planner. When you axe 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 Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. Case No: Applicant: Location: Proposa/: Environmental Action: Case Planner: Recommendation: ACTION: Planning Application No. PA95-0136 (Revised Plot Plan) Terraton Corp/Nissan of Temecula East side of Ynez Road, approximately 270 feet north of Solana Way To provide addition parking adjacent to an existing commercial structure. Exempt per S~ction 15311 of CEQA Craig Ruiz Approve APPROVED ADJOURNMENT R: ~DIF, HFnARXAGENDAXl-~5-96,AGN 1129/96 klb ITEM #3 TO: FROM: DATE: SUBJECT: MEMORANDUM February 5, 1996 A Workshop on Annexation Guidelines Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: Provide direction to staff on the proposed Annexation Guidelines. BACKGROUND The City Council has directed staff to prepare guidelines to evaluate annexation proposals. The need for these guidelines is the result of the complex issues involving a number of large annexation proposals such as Johnson Ranch, Roripaugh Ranch, and Silverhawk (Pulte Homes). These projects individually and cumulatively could have a great impact on the City in terms of future population of the City and the required municipal services needed for these projects. Staff contacted other Cities to learn how other local governments reviewed annexation proposals. However, staff has found that no other City in California has adopted detailed annexation guidelines. As a result, the task of creating these guidelines has proved to be very challenging. On one hand, the guidelines need to be specific and rigid to allow careful considerations of annexation proposals, but on the other hand, the guidelines need to be general and flexible to allow them to be used for different types of annexation proposals. The intent of the Annexation Guidelines is to allow the Planning Commission and the City Council to make informed decisions on annexation requests. These guidelines will enable the Planning Commission and the City Council to weigh the advantages and disadvantages of annexation requests, to make decisions that are consistent with the General Plan and are in the best'interest of the City. These guidelines are based on the General Plan's annexation Goals and Policies which are included as Attachment 2. In order to provide a better understanding of the annexation process Attachment 3 has been included for the Commission's information. In addition, the following provides answers to a few annexation questions. DISCUSSION What is an annexation? Annexation is the process of adding new land area into an existing city or special district, such as the Temecula Community Services District, with a resulting change in the boundaries of that local agency. Are there different Woes of annexations? Yes, there are two types of annexations: Uninhabited annexations (11 or less registered voters residing within the annexation territory) Inhabited annexations (12 or more registered voters residing within the annexation territory) Who can initiate annexations? A proposal for annexation of territory to a city is initiated by application to the Local Agency Formation Commission (LAFCO) either by · Resolution of Application adopted by the City Council for City initiated annexations or a petition signed by either of the following for property owner initiated annexations: Not less than 5 percent of the number of registered voters residing within the territory proposed to be annexed as shown on the County Register of Voters; Not less than 5 percent of the number of owners of land within the territory proposed to be annexed who also own 5 percent of the assessed value of land within the territory as show on the last equalized roll. Prior to the adoption of an annexation resolution, the City Council must conduct a noticed public hearing. Notice of the public hearing must be published at least 15 days prior to the date of the hearing. Does the state law reclulate annexations? Yes, the Cortese~Knox Local Government Reorganization Act of 1985, revised 1989, Government Code Section, 56000 et. sea. , establishes regulations for annexations and other reorganizations. This Act is essentially pro-annexation and generally limits the City's role in the process to that of a "Conducting Authority" to hear and count protests to the annexation from the residents and the property owners in the territory proposed to be annexed. R:~ST~.ODL 271/~ m 2 Can the CiW stoo unwanted annexation ProPOSals? Yes, once the City has decided that an annexation project is not in the best interest of the City, unwanted annexations may be stopped in two ways. The most legally defensible manner to stop an annexation is by rescinding the adopted Master Property Tax Agreement with the County. This Agreement allows all annexations to take place by identifying the portion of the property tax that the City would receive from the County on all annexations, A Property Tax Agreement is required by LAFCO prior to deeming the annexation application complete. LAFCO cannot proceed with the annexation process when the application is not deemed complete. Without the Master Property Tax Agreement, the City would not be able to annex properties to the City. In order for the City to approve future annexation proposals, an Individual Property Tax Agreement or a Master Property Tax Agreement needs to be renegotiated with the County. There are advantages and disadvantages associated with rescinding the City's existing Master Property Tax Agreement. The biggest advantage is that the City would be in a strong position if the City were opposed to an annexation proposal, since LAFCO cannot approve an annexation without a Property Tax Agreement. The disadvantages are that the City would have to negotiate a separate Property Tax Agreement for each individual annexation proposal with the County or adopt a Master Property Tax Agreement. This could be a very time consuming process and, as a result, the City could lose the applicant's interest to annex to the City. Another disadvantage is that the County may ask for more concessions from the City in order to agree to future tax agreements with the City. These concessions could include a bigger share of the property tax for the County and a share of other taxes collected by the City after the annexation such as sales tax. The second method the City can use to stop an annexation is by not approving the Plan of Services or the Pre-Zoning Ordinance, both of which are required by LAFCO before the annexation application is deemed complete. LAFCO would not be able to proceed with the annexation process if the application is deemed incomplete. There is no case law on this issue. However, it is the City Attorney's opinion that this may not be the best legally defensible approach to stop annexations because a court could order the City to prepare a Plan of Services or to pre-zone the property, or allow the applicant to prepare and submit the Plan of Services. How does the Annexation Guidelines Checklist work? The proposed guidelines have been prepared in a checklist format to allow a quick review of the benefits and drawbacks of any proposed annexation (refer to Attachment 1 ). Several categories of criteria have been created which appear at the top of each table. The categories include: · General · Infrastructure · Fiscal a Lend Use R:~T/.ODL 2tl/96 m · 3 · Parks and Recreation Each table contains several criteria followed by the possible benefit(s) of each to the City. For each new annexation proposal, staff would complete the tables with check marks in appropriate spaces. A project with many "Yes"as could be a good candidate for annexation, on the other hand, a project with many "No"s is perhaps not a very good candidate for annexation. It should be noted that each criteria has a different weight and more "Yes"as than "No"s does not necessarily mean that the project should be annexed to the City. If a criteria does not apply to a particular project, the N/A box will be checked. Staff also recommends against a scoring system that assigns scores for different criteria. While this approach may appear to be objective, it can provide highly subjective or misleading results. CONCLUSION Staff is proposing the adoption of the Annexation Guidelines Checklist. We feel this approach is both comprehensive in scope and provides appropriate flexibility. Attachments: Annexation Guidelines Checklist and the Annexation Priority Map - Blue Page 5 General Plan Goals and Policies Regarding Annexations - Blue Page 11 The Steps in the Annexation Process - Blue Page 16 R:~TAFFRFIV~INI~.ODL 2/1/~6 am 4 Attachment No. 1 The Annexation Guidelines Checklist C~ 0 II STUDY AREA Environmental Study of Influence of Temecula Sphere of General Plan Prog. ram Attachment No. 2 General Plan Goals and Policies Regarding Annexations R:~rAFIzRFI'~]NI~.ODL 2Zl~ m 11 ~es the General Plan contain annexation oo81s and policies? Yes. The General Plan states that: The General Plan Study Area includes some 34 square miles of unincorporated territory. Within this area, are approximately nine proposed specific plans, that when developed, will have a direct impact on the City in terms of traffic, noise, the demand for community facilities, the demand for employment and commercial activities, and other impacts. It is the City's desire to annex areas within the Sphere of Influence prior to or concurrent with project approvals, in order to exercise control over the use, quality and design of development, as well as ensure the adequacy of public facilities and amenities. The City intends to utilize the General Plan to review development and annexation proposals within these unincorporated areas. The City shall adopt procedures governing the prezoning of areas to be annexed to the City. These procedures shall be included in the Development Code. Criteria for prezoning shall consider existing land uses, if any, on the site to be annexed; existing County zoning on the site and surrounding area; existing circulation patterns; and environmental conditions on the site and surrounding area. Prezoning is subject to the same requirements applicable to zoning in the City including the requirement for consistency with the General Plan. The City has a great opportunity to shape the open spaces of development annexing to the City. The challenge facing Temecula is to create a multipurpose open space system that does not solely consist of the unusable spaces leftover from development, but maintains viable agriculture lands outside the City, preserves wildlife habitats, maximizes water resources, and secures recreational, historic and cultural resources. The City will benefit from connection with the open spaces ensured through ownership by federal and state government, such as the Cleveland National Forest, the U.S. Bureau of Land Management and the California State University at San Diego. 6. Fiscal Viability of projects need to be verified by: Requiring new development to pay for its share of capital and operating costs not met by General Fund revenues generated directly by the project. Utilizing the comprehensive fiscal impact model on an ongoing basis to monitor both General Fund and Community Service District Fund fiscal impacts as development information becomes available. Formulating land use mitigation strategies for projected deficits to incorporate a balance of land uses that will provide sufficient revenue to cover new costs. Defining financing techniques that will assist in funding recurring costs in addition to funding one-time capital improvements, allocating the impacts equitably between new and existing development. ~t:WrAPI~m'rXANNE~.ODL 2/1/96 e. Evaluating fiscal impacts of future annexations on an ongoing basis. f. Evaluating long-term effects of proposed City sales tax rebates to large retailers. Further, the General Plan provides the following specific Goals and Policies that relate to annexations: Goal 7 of the Land Use Element Orderly annexation and development of unincorporated areas within Temecula's Sphere of Influence. Discussion The unincorporated area in the City's northern Sphere of Influence is largely proposed for development through specific plans. The City has an opportunity to control land use, phasing of development, project design, and infrastructure improvements by annexing these properties prior to approval by Riverside County. The intent is to ensure that future annexations are a beneficial addition to the City. 7.1 Policy Annex lands to the City that can be developed in accordance with the General Plan and can be adequately served by public facilities and utility services. 7.2 Policy Require proposed annexations to be evaluated using the City's Fiscal Impact Model and Traffic Impact Model. 7.3 Policy Evaluate the land use pattern and intensity/density of proposed annexations in terms of: 1. The Village Centers designations on the Land Use Plan. 2. The linkage of open space and trails to adjacent developments. 3. The compatibility of the annexation to adjacent uses in the City. The demonstrated need for additional housing, industrial, commercial and other uses. Goal 8 of the Land Use Element A City which is compatible and coordinated with regional land use patterns. Discussion Temecula is a leader in the region in terms of its commercial uses, job base, and quality of residential development. The land use decisions the City makes will have direct and indirect impacts on surrounding communities (and visa versa). Through inter-governmental coordination, the City can properly address regional land use issues to achieve a coordinated regional land use pattern. The Growth Management Element contains more specific policies related to regional coordination and growth management. 13 8.1 Policy Provide a pattern of land uses that maintain and enhance the viability of neighboring communities including the City of Murrieta, and the counties of Riverside and San Diego, through compatible uses and linkages. 8.2 Policy Provide a system of open space that is coordinated with regional open space uses to comprehensively address the management and conservation resources. Goal 6 of the Growth Management Bement A water and wastewater infrastructure system that supports existing and future development in the Study Area. Discussion Water availability is e critical determinant in Southern California's future growth and development. By working closely with the Rancho California Water District and Eastern Municipal Water District in developing supply options; conservation techniques, including the use of reclaimed water; and development monitoring systems, the City can ensure that development does not outpace the long-term availability of water. Close coordination with Eastern Municipal Water District in the timely expansion of wastewater treatment facilities is equally important to the community's well-being. 6.3 Policy Coordinate with the water and wastewater districts when considering General Plan amendments, annexations, or development agreements, in order to assist the districts in planning for adequate capacity to accommodate future growth. Goal 2 of the Growth Management Bement Orderly and efficient patterns of growth within Temecula that enhance the quality of life for · residents. Discussion The Growth Management Strategy contained in the Growth Management Element is intended to be the framework for a future Growth Management Program (GMP). This GMP should be designed to influence adequacy of public facilities and services in relation to the location, phasing, type, quality and intensity of new development and redevelopmerit. It should also take into consideration the existing communities and resources of Temecula, the Sphere of Influence, and Environmental Study Area. All the policies of this Element, in essence, support this goal. 2.1 Policy Prepare and implement a Growth Management Program for Temecula. 2.2 Policy Ensure that phasing of public facilities and services occur in such a way that new development is adequately supported a-~ it develops. 2.3 Policy Establish and maintain level of service standards in order to document adequacy requirements. 2.4 Policy Encourage development of Village Centers, as defined in the Land Use and Community Design Elements to reduce public service costs and environmental impacts through compatible land use relationships, and efficient circulation and open space systems. 2.5 Policy Encourage new development that helps to create and maintain a balance between jobs and housing opportunities. 2.6 Policy 2.7 Policy Establish priority growth areas within the City and Sphere of Influence where near-term urbanization will be encouraged. Discourage the use of assessment districts that promote urban sprawl and premature urbanization in rural and agricultural areas. 2.8 Policy Coordinate the Growth Management Program with the Congestion Management Program as necessary. Goal 7 of the Growth Management Element An effective, safe and environmentally compatible flood control system. Discussion As urbanization increases, so does the potential for disruption caused by flooding and inadequate flood control facilities. Local and regional flood control facilities need to be comprehensively planned to protect existing areas and future development from flood hazards. As urban and suburban development increases, runoff increases by replacing permeable surfaces with pavement and structures. The potential of overloading existing drainage facilities is a concern that must be addressed comprehensively in the Study Area. 7.3 Policy Develop master drainage plans, when appropriate, for the Sphere of Influence, in conjunction with the Flood Control District. R:~T~.ODL 2/I/96 Attachment No, 3 The Steps in the Annexation Process R:~TAFFRFI'~NNI~.ODL 2/1/96 What are the steos in the annexation process? The annexation process initiates at the City, after the City approves the annexation resolution, LAFCO takes action on the annexation, after that the City becomes the Conducting Authority, and finally the proposal goes back to LAFCO for finalization. The process may be initiated at LAFCO; however, LAFCO can not take action on the annexation proposal until the City has pre-zoned the property, approved the Plan of Services and the environmental documents. To simplify this document, only the first scenario is discussed in detail below: a. THE INITIAL CITY PROCESSING Applicant files an application with the City requesting annexation to the City and the Temecula Community Services District (TCSD) this includes a prezoning application and a copy of a Fiscal Impact Report. ii. Staff reviews the application for: (1) (2) (3) (4) Consistency with the General Plan Consistency with the Annexation Guidelines Contiguity with the City Limits Consistency of the applicant's Fiscal Impact Report with the General Plan Fiscal Model iii. City staff prepares the following: (1) (2) (3) The Plan of Services The environmental documents in compliance with CEQA A public hearing notice at least 15 days prior to the hearing The Planning Commission conducts a public hearing and makes a recommendation to the City Council. The City Council conducts a public hearing and approves the annexation by adopting an ordinance pre-zoning the property and adopts a resolution which includes: (1) (2) (3) The Plan of Services The environmental documents The Property Tax Agreement with the County if there is no Master Property Tax Agreement vi. The Temecula Community Services District Board adopts a resolution to annex and serve the annexation proposal. vii. The City Clerk submits a certified copy of the resolutions along with the pre-zoning ordinance to LAFCO. LAFCO APPROVAL PROCESS LAFCO proceedings are initiated on the date a petition or resolution of application is accepted for filing by LAFCO's Executive Officer issuing a certificate of filing. ii. Immediately after receiving an application and before issuing a certificate of filing, the Executive Officer shall give mailed notice that the application has been received to each interested agency and each subject agency. Within thirty days, the Executive Officer shall determine if the application is complete. The failure to provide a' property tax exchange agreement would be grounds for a finding that the application is incomplete and would delay the proceedings.~ iii. Upon issuing a certificate filing, LAFCO schedules and conducts a Public Hearing on the annexation request and approves or denies the request. However, no public hearing is required if 100% of the property owners within the annexation territory consent to the annexation. CITY AS THE CONDUCTING AUTHORITY After LAFCO has adopted a resolution approving the annexation, the proposal is turned over to the City as conducting authority to implement the LAFCO resolution. The City's role at this point becomes ministerial with the exception of detachments. The City Council has only the discretion to disapprove detachments. For annexations, however, the City Council does not have discretion to disapprove the proposal or submit it to an election. For annexations, the City Council schedules and conducts a public hearing to determine the number of protests filed by the landowners or registered voters within the annexation area. (If the City fails or refuses to initiate proceedings hold a public hearing within 60 days, the Board of Supervisors is required to complete the proceedings). Any protests filed shall state whether it is made by a landowner or registered voter. Protests maybe in writing or oral. At the hearing the City Council summarizes the LAFCO resolution and hears all oral and written protests. At the conclusion of the hearing the City Council must determine the number of written protests and, within 30 days of the close of the hearing, adopt a resolution specifying its findings on the protests and stating its decision on any matters within its discretion. ~There is a 30 day window during which the County and the City must negotiate a property tax agreement. If no agreement is reached, the Revenue and Taxation Section 99 mandates that the annexation proposal is terminated. R:~TAFFRFI~O~X.OI)L 2/1/~ m 18 After adopting a resolution approving the annexation, the City Clerk must submit a certified copy of the resolution to LAFCO, for a determination as whether the City resolution is in compliance, then LAFCO must prepare and execute a certificate of completion and record it with the County Recorder. The Executive Officer then issues a statement of boundary change and sends the same to the State Board of Equalization, the County Assessor and Auditor. A statement is also sent to the Secretary of State. i. Proceedings for uninhabited and inhabited are described below: (1) For uninhabited annexations (11 or less registered voters residing within the annexation territory) only landowner protests are applicable and an election is not an option. In such annexations the City Council must: (a) Terminate annexation oroceedinos if the landowners owning 50 percent or more of the assessed value of land in the annexation territory file protests with the City, or (b) Order the annexation Droceedinos. (2) For inhabited annexations (12 or more registered voters residing within the annexation territory) The City Council must take the following actions: (a) Terminate the annexation oroceedinos if 50% or more of the registered voters residing in the annexation territory file protests. (b) Order the annexation DroceedinQs subject to a majority election if: (i) At least 25% but less than 50% of the registered voters residing in the annexation territory file written protests, or (ii) At least 25% of the number of owners of land, who also own at least 25% of the assessed value of land within the annexation territory file written protests. R:~STAFFKFj[~NNEX.GDL 2/1/~ so 19 The election shall be held according to the following: (iii) Hold an election within the annexation territory if the election is required by the virtue of a 25% protest (iv) Hold an election within the annexation territory and the City if the assessed value or the number of registered voters in the annexation territory is 50% or more of that in the City. In such a case separate elections are held in the territory to be annexed and in the annexing city and the annexation proposal must be approved by a majority of the voters both in the territory to be annexed and in the annexing city. (c) Adoot A Resolution. If the annexation is ordered subject to confirmation of the voters, the City Council resolution approving the annexation shall also: (i) Call, provide for, and give notice of a special election or elections upon that question (ii) Designate the effected territory within which the special election or elections shall be held (iii) Fix a date of the election (iv) Provide for the question or questions to be submitted to the voters (v) Designate precincts and polling places (vi) State any terms or conditions applicable to the annexation, as specified by LAFCO (vii) State the vote required for confirmation of the annexation (viii) Contain any other matters necessary to call, provide for, and give notice of the special election or elections and to provide for the conduct and the canvass of returns of the election, as determined by the City Council In addition the following needs to be on the Resolution: (d) (e) (f) (g) (h) (i) Approval of the Plan of Services Approval of the environmental documents Approval of Property Tax Agreement with the County if there is no Master Property Tax Agreement At the conclusion of the hearing the City Council must determine the number of written protests and, within 30 days of the close of the hearing, adopt a resolution specifying its findings on the protests and stating its decision on any matters within its discretion. After adopting a resolution approving the annexation, the City Clerk must submit a certified copy of the resolution to LAFCO, for a determination as whether the City resolution is in compliance, then LAFCO must prepare and execute a certificate of completion and record it with the County Recorder. The Executive Officer then issues a statement of boundary change and sends the same to the State Board of Equalization, the County Assessor and Auditor. A statement is also sent to the Secretary of State. Election Procedures. The City Clerk conducts the election and must give notice of the election in the manner specified in Government Code Sections 57130 and 57131. Pursuant to Section 57131, the notice of election must contain all the matters required in the City Council resolution listed above. Notice shall also be provided to the LAFCO Executive Officer who must draft an impartial analysis to be included in the voter's materials and submit the analysis for LAFCO approval. LAFCO may make such modifications to the analysis as it deems appropriate. Results of the Election. After the election is held on the question of confirming an annexation, the City Council must, within 30 days of the canvass of the election, declare by resolution the total number of votes cast in the election and the number of votes for and against confirming the annexation. If the annexation is approved by a majority of votes cast, the City Council must also adopt a resolution confirming its previous resolution which ordered the annexation subject to election. If a majority of the votes cast are against confirming the annexation, the City Council must adopt a resolution terminating the proposed annexation. Either a resolution confirming or terminating the proposed R:',STAFFRFI'~IA~X.ODL 2/1/96 m 21 annexation must be filed with the LAFCO Executive Officer. Resolution Contents. Order the annexation without an election if the protests are insufficient to satisfy the criteria s or b above. In this case, the City Council shall adopt · resolution ordering the annexation and containing the following information: (i) A statement that the action is being taken pursuant to the Cortese-Knox Local Government Reorganization Act of 1985. (ii) A statement of the type of the change or reorganization being acted on (i.e. annexation) (iii) A description of the exterior boundaries of the territory for the annexation approved by LAFCO (iv) All the terms and conditions upon the annexation as approved by LAFCO (v) The reasons for the annexation (vi) A statement as to whether the regular county assessment roll or another assessment roll will be used for taxes and assessments in the annexed territory (vii) A statement that the annexed territory will or will not be taxed for existing general bonded indebtedness of any agency whose boundaries are changed (viii) Any other matter which the City Council deems material to the annexation FINAL LAFCO ACTION LAFCO prepares the Certificate of Completion and records it with the County Recorder. ii. LAFCO issues a Statement of Boundary Change. iii. Annexation is complete. ITEM #4 lvlF_blORANDUIVl TO: FROM: DATE: SUBJECT: Planning Com.mi;n Debbie Ubnosl~, Planning Manager John Meyer, Senior Planner February 5, 1996 Lighting, Landscaping and Staff Report Content At the January 22, 1996 Planning Commission meeting, staff discussed with the Commission ways to streamline the development r~iew process. In an effort to continue to provide the Commission with the tools and knowledge to conduct the best possible review of applications and make informed decisions, staff will be discussing lighting, landscaping and staff report content tonight. The City's landscape architect, Mike ~lliott will be available to answer any questions you may have. Lighting Requirements The City enforces the Mount Palomar lighting requirements for low pressure sodium lights. This is done in an effort to reduce night glare which tends to impact the Mount Palomar Observatory. For your information, staff has included a copy of the Mount Palomar Lighting Ordinance. landscaping Requirements In the past, the City's landscape architect has reviewed landscape plans under the landscaping provisions contained in Ordinance 348 which is the Riverside County Zoning Ordinance. A copy of the landscape section from Ordinance 348 has been included for your information. Effective, February 9, 1996, the City's landscape architect will review all landscape plans for consistency with the City' s Development Cede. In future, should you have any questions about the landscape plans for a particular project, staff would be happy to pass your concerns on to the City's landscape architect ~ that answers may be provided you either prior to, or at, the Planning Commission meeting. Staff Report Content Slaff has included as part of this packet a staff report. This staff report is representative of most of the reports the Commission reviews. Staff is requesting direction from the Commission on the format and content of this staff report. Attachments Lighting Requirements - Blue Page 3 Landscaping Requirements - Blue Page 4 Staff Report - Blue Page 5 ATTACIIMENT NO. 1 LIGHTING REQUIREMENTS RIVERSIDI~ COUNTY INFORMATION BUt .L~.rLrq Outdoor Lighting Regulations - Ordinance The Riverside County Ordinance 655 reg-la~ng th~ use of outdoor lighting, effective July 6, 1988, sets cerml- restrictions on the use of outdoor lighting Within specified areas of the County. This bulletin provides only a brief snmm~_v'y of the~e l~glllations; copie~ of the ordinattc2 are available from the County Clerk. The ordinance applies to outdoor lighting on sites located with Zones A and B shown on the anached map. AI~plications: Three classes of lighting ar~ defined: Color rendition important. Lights must be shielded and, in many cases, must be turned off at 11 PM. Color rendition not important (roads, parking lots, security). Lights must use low-pressure sodium lamps. These lights may remain lit all night. Decorative lighting - not silowed in Zone A. Lights should be shielded and must be turned off at 11 PM. Each fixture may emit up to 4050 lumens, with a total of 8100 lumens per property. Exemptions: Holiday lights, gas lights, emergency lights are exempt. Fixtures containing lamps emitting less that 4050 lumens arc also exempt. The following table lists the maximum wattage allowable under the exemption limit for various types of lighting. These am based on typical lamps; actual lumen output is general provided by the lamp manufacturer. TYPE:OF LAM~ Incandescem Quartz (Tungsten-Halogen) _Mercury Vapor Fluore~cont Metal Halide High-Pressur~ Sodium Low-Pressure Sodium MAXIMUMWAa-r~ 250 150 75 60 40 50 40 BUrLr~ING PLANS MUST IDENTIFY M TYPE AND WATTAGE OF ALL OUTDOOR LIGHTING TO BE INSTA~J,Rr~ The following tables list light bulb watts equal to lumens: WATTS' 18 LUMENS 1,800 35 4,800 55 8,000 90 13,500 135 22,500 180 33,000 WATTS 35 LUlvI~.NS 2,150 50 4,000 70 5,800 100 9,500 150 16,12)00 250 27,500 WATTS 100 LLrM~NS 4,000 175 7,900 250 12,000 400 41,000 WATTS 100 LUMt~S 200 300 500 1,700 3,800 6,000 10,000 BUILDING LIGHTS -EXTERIOR BETTER pOOR SECURITY LIGHTS (CLASS lI) · LPS · ON ALL NIGHT DECORATIVE (CLASS I~ · LPS OR LESS THAN 4050 LUMENS · OFF AT 11 PM · NOT IN ZONE A SHIELDING UNSHIELDED PARTIALLY SHIF~LDED FULLY SHIELDED EXAMPLE OUTDOOR SALES (CLASS I) BUSINESS OPEN WHITE LIGHT (SHIELDED) LPS SECURITY LIGHT (OFF) BUSINESS CLOSED (AFTER 11 PM) WHITE LIGHT (OFF) LPS (ON) EXAMPLE BILLBOARDS (CLASS II) ~orr Aw ~nnmam~ POOR DESIGN NOT ALLOWED IF LIGHTS ARE BRIGHTER THAN 4050 LUMENS GOOD DESIGN PARKING LOTS (CLASS II) LPS ATTACHMENT NO. 2 LANDSCAPING REQITIRF_,MF~NTS Multi-family driveways. Where an interior driveway leading to a parking area in a multi-family or apar:ment complex is constructed with an inverted section, that section shall be constructed with a concrete ribbon gutter. 2. Harking of paved or oiled parking areas. a. If 5 or more parking spaces are provided, each space shall be clearly marked with w/hire paint or other easily distinguishable material. b. If 10 or more parking spaces are provided, and one-way aisles are used, directional signs or arrows painted on the surface shall be used to properly direct traffic. 3. Grading. All parking areas and driveways shall be graded to prevent pondi ng and to minimize drainage runoff from entering adjoining property without the permission of the owner of the adjoining property. 4. Lighting. Parking area lighting is not required; however, if parking areas are lighted, such lighting facilities shall be located, with hoods provided and adjusted, so as to preclude the direct glare of the lights from shining directly onto adjoining property or streets. Outdoor lighting shall be of an energy efficient type, such as high-pressure sodium; however, outdoor lighting located within 30 miles of the Mr. Pal o mar Observatory shall be low-pressure sodium l anps which are oriented and shielded to prevent direct illumination above the horizontal plane passing through the l uminaire. 5. Walls. All paved parking areas, other than those required for single family residenti al uses, which adjoin property zoned R-l, R-1A, R-2, R-2A, R-3, R-3A, R-4, R-5, R-6, R-A, or R-T, shall' have a six-foot high solid masonry wall installed in such manner as to preclude a view of the parking area from such adjoining property, except that any walls within 1D feet of any street or alley shall be 30 inches hiqh. 6. Landscaping, General Provisions. a. A Landscaping, Irrigation and Shading Plan shall be required for all plot plans, conditional use permits, public use permits, surface mining permits, subdivisions, and any other permit when the Planning Director dems it necessary. All Plans shall be submitted and acted upon concurrently with the permit application. All parking lot plans must include a Shading. P1 an. b. No less than seven co ies of the grading, landscaping and irrigation plans shalr be submitted for approval by the P1 anning ~i rector. {1) All plans shall show the following information: a. The first sheet shall show the n~ne and address of the project, sheet numbers, numbers of sheets, and shall be the sheet title sheet b. The first sheet, or any other sheet, shall show the required technical data, including scale of drawing, 157 (2) North arrow, date drawn, and dates of revisions, if applicable, all property lines and project limits if other than property limits, all eas~nents, fences, walls, curbs, roads, walks, structures, mounds, swales, manholes, banks, and all plant and landscaping materials, grading, irrigation and other exterior elements proposed. A legend shall also be included for each symbol used. The grading plans shall show the drainage of all planting areas and the heights of mounds. Mounds shall not exceed 3:1 slope, and no mound over 30" inches high shall be placed within 10 feet of any street and/or alley i ntersecti ons. All landscaping plans shall show the following: a. The locations of all existing landscaping material, and where proposed landscaping material is to be placed. Existing trees shall be preserved whenever it is practical to do so, and shall be shown on the landscaping plan. Existing trees to be ramoved pursuant to Ordinance No. 559 shall also be shown on the landscaping plan. b. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. Trees shall be drawn to size as indicated on the Shade Tree List which List shall be located in the Planning Department. c. Soil surface of all planters shall be shown planted or covered with suitable material. d. The quantities and sizes of all trees, shrubs and groundcover shall be indicated. Trees shall be a minimum 15 gallon size. Shrubs shall be a minimum 5 gallon size; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable. e. All plants shall be listed by correct botanical name and common name. f. Lawns shall be indicated by common neme of species and method of installation {seeding, hydromulching or sodding ). g. Planters in parking lots shall be protected by a curb six inches wide and six inches high. h. All parking lots shall be screened from view in urban areas along the entire perimeter of the lot by the construction of either a three foot high and three fC)ot wide earthen berm, or a three foot wide planter with shrubbery that can be maintained at a height of three feet; provided, however, that where the parking lot is adjacent to a street right-of-way the berm or planter shall be five feet in width. i. No trees shall be planted within 10 feet of driveways, al I eys and/or street i ntersecti ons. 158 j. A six inch high curb with a 12 inch wide concrete walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. k. Proposed treatment of all ground surfaces, including paving, turf, and gravel, shall be shown. 1. All trees shall be double-staked and secured with a rubber or plastic strip, or other cc,,~,erci al tie material. Wire ties shall not be used. (4) An Irrigation Plan shall show the following: a. Locations of all irrigation components, such as sprinkler heads, valves, pipes, backflow prevention devices and water taps. If applicable, automatic controllers, quick couplers, hose bibs and washer boxes shall be shown. b. Sprinkler spacing shall not exceed the manufacturer's recommended spacing or, if no spacing is recommended, spacing shall not exceed 60% of the diameter of throw. c. Proposed radius or diameter of throw at a stated pressure (P.S.I.) for each sprinkler head shall be shown. Any other pertinent information such as low angle spray, adjustable spray diameter, shall also be shown. A detail of installation for each type of head used shall be included. d. Backflow prevention devices shall comply with the latest edition of the.uniform Plumbing Code as adopted by the County. e. No sprinklers on risers shall be installed next to walks, streets and/or pavement. Sprinklers in hazardous locations shall be flush mounted on high pop models only. {5} Parking lot shade. Shade shall be determined by using an appropriate percentage of crowq diameter listed on the approved Shade Tree List. A mix of tree types {genera) is required if more than five trees are proposed. (6) Landscaping shall be incorporated into the design of all off-street parking areas, including covered and decked, as fol 1 ows: a. Planters, Landscaping. Planters containing live landscaping shall be provided adjacent to and within parking areas in accordance with the following regul ati ons: 1. A planter at least five feet wide, excluding curbing, shall be provided adjacent to all street ~right-of-way'. In addition, any area within the street right-of-way between the edge of the sidewalk and outer edge of the right-of-way shall also be developed as a planter or landscaped area in conjunction with the required five foot planter, unless this requirement is waived by the Planning Director. A planter shall be increased to 8 feet, 159 excluding curb, for at least 45 feet for every 150 feet of frontage street right-of-way. Within this planter trees from an approved list shall be planted no further than 25 feet on center, and at least five feet but not further than 10 feet from the back of the sidewalk. The planter shall include shrubs, hedges, and other natural growth or other features such as benns, designed to form a partial visual screen at least three feet in height, except within 10 feet of street and driveway i ntersecti ons where 1 andscapi ngs hal 1 not be permitted to grow higher than 30 inches. Nothing in this section shall preclude the installation of additional landscaping and the planting of additional trees so long as such planting is consistent with the visibility regulations. At the discretion of the appropriate authority, a barrier free, four foot wide paveC walkway may be provided through the required planter at street and driveway intersections to provide unenc~nbered access for the handicapped from the sidewalk to the parking lot. Such walkway shall be located so as to facilitate the most direct movoment of persons using sidewalk curb ramps, if such are provided. Bus shelters may be 1 ocated wi thin this planter i f approved by the Planning Director but such shelters shall not be placed so as to reduce the nomber of trees which are otherwise required by this section. No parking space shall be located within three feet of any property line Any open areas in the interior shall be landscaped with appropriate plant materials and maintained in good condition as provided in Section 18.12 {b). A planter at least five feet wide, excluding curbing, shall be provided adjacent to properties used for residential purposes or zoned R-l, R-2, R-2A, R-3, R-3A, R-4, R-6, R-A or R-T. Within this planter, one screen tree fram the approved list shall be planted at an average of at least every 25 feet on center, in c~bination with other plants, to provide a dense visual screen. In addition to the perimeter landscaping required by subsection (a), parking lots of five spaces or more shall provide landscaped areas interior to the parking lot covering a percentage of the total parking area as follows: 160 Parking Spaces Required 5 - 24 spaces 25 - 49 spaces 50+ spaces % of Total Parking Area to be Landscaped 6.0% minimum 7.5% minimum 10.0% minimum State and County Scenic Highways 6.0% minimum 8.5% minimum 11.0% minim~n Parking lot landscaping shall include shade trees, frem an approved list, placed so as to provide for adequate shade canopies within 15 years of age as follows: Percent of Total Parking Area Parkinq Spaces Requi red to be Shaded 5 - 24 spaces 30% minimum 25 - 4g spaces 40% minimum 50+ spaces 50% minimum Tree coverage shall be deten~i ned by the approximate crown ~meter of each tree at 15 years, as estimated on the approved tree list. Trees shall be a Minimum 15 gallon size at planting. The percentage of area required to be shaded shall be based on the number of uncovered parking spaces; driveways and interior traffic circulation are excluded. Multilevel parking complexes are exenpt of shading requirements. When the total uncovered parking area on the property {including adjoining parcels over which the property has parking privileges) exceeds 3,600 square feet, the following shall be required in addition to other provisions of this section as part of a landscape plan.' a. Tree, shrubbery, and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for such trees and shrubs shall be protected from automobile traffic by concrete curbs. b. All ends of parking lanes shall have landscaped islands. All landscaped islands shall have a minimum width of five feet excluding curbs. c. Prior to the issuance of a building permit, performance securities, in an mount to be determined by the Director of Bull ding and Safety to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate main(enance of the planting for one year shall be filed writh the Director of Building and Safety. The Building Director shall be authorized to execute on behalf of the County agrements and bonds in accordance with this subparagraph and only u on the forms and tens approved by the Board. Acceptable forms of security shall be limi ted to a bond from a duly authorized corporate 161 surety, a deposit with the County of cash, an irrevocable instrument of credit from a regulated financial institution; or an irrevocable letter of credit issued by a regulated financial institution; provided, however, that a cash bend shall be required to guarantee the installation of plantings, walls and fences when the estimated cost is $2,500 or less. The rBnaining performance surety shall be released one year after installation is approved provided the planting has been adequately maintained. (6) All landscaping shall be within planters beunded by a.curb at least six inches high. No parking island planters shall be smaller than 25 square feet, excluding curbing. Each planter shall include an irrigation system. {7) Landscaped areas shall be distributed throughout the entire parking area as evenly as is appropriate in the ~esign of the parking facility. (8) Existing mature trees on the site shall be preserved whenever it is practical to do so. (9) All landscaped areas shall be designed so that plant materials are protected from vehicle damage, encroachment or overhang. {I0) All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects, and diseases. Plant materials showing such d~nage shall be replaced by the same or similar species. Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to safety, drainage, or appearance. (11} Drought tolerant species and native species shall be preferred over non-drought tolerant and non-native species. The quantity and extent of drought tolerant species shall be dependent on the climactic zone of the project. Landscaping may include natural features such as rock-and stone, non-drought tolerant plants and structural features such as fountains, reflecting pools, art work, screens, wall and fences. Plant materials shall be grouped together in regards to water and soil requirements. In order to conserve water, alternative types of low volume irrigation concepts may be used, including, but not limited to drip/trickle, rotary spray, minispray, bubbler, and perforated soaker tubing. (12} Prior to the issuance of a final building occupancy certifiqate, all required landscape planting and irrigation shall have been installed and be in condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and in good working order. {13) An automatic irrigation system for all planted areas shall be required. The layout of the systam should consider 162 meter water pressure, pipe size and length, and type of heads {sprinkler, bubbler or rainbird}. Hose bibs located in each tree well site as may be considered adequate for irrigation of said trees. {14} Trees shall be planted and maintained throughout the parking lot area to ensure that within 15 years after establishment of the parking lot at least 50 percent of the parking area will be shaded. The parking lot shading plan shall be developed in compliance with Sections 18.12 {6} of this ordinance. The parking lot shading plan should be calculated by using the diameter of the tree crown at 15 years. Each planting area shall be of adequate size for the landscaping approved and shall have adequate irrigation for that landscaping. The Planning Director shall establish a list of species appropriate for providing shade in parking lots, and shall review site plans of each parking lot to determine whether or not the lot complies with this section. Trees planted in order to comply with the regulations of this section shall be selected from the list prepared by the Planning Director. The applicant h~ay choose to select a tree outside the Riverside County tree list so long as the selected tree complies with the intent of this ordinance. {15} Public parking areas shall be designed with a permanent curb, burnper, wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters or landscaped areas. If such protection is provided by means of a method designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than two feet from the edge of any required sidewalks, planter or landscaped areas, and from any building. The innermost two feet of each parking space, between the curb and any planter or sidewalk, may remain unpaved, be planted with low ground cover, or added to any required or proposed landscaping to allow for bumper overhang. This additional planting area is considere~ part of the parking space and may not be counted toward satisfying any landscaping requirement. Circulation and Parking Space Layout. All parking areas shall be designed as follows: a. The location and dimensions of aisle areas adjacent to parking spaces shall be arranged in accordance with the minimum parking standards adopted by the Planning Commission. b. For all uses other than one-family and two-family dwellings, the parking layout shall be arranged so as to permit vehicles to move ou~ of the parking area without backing onto a street. For all uses other than one-family and two-family dwellings, driveways which are more than 100 feet long or which lead to parking areas with more than 10 parking spaces shall be a minimum 24 feet wide. All other driveways shall be a minimum 12 feet wi de. 163 ATTACItMENT NO. STAFF REPORT STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 4, 1995 Planning Application No. PA95-0112 (Plot Plan) - Oscars on the Pond Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: 1. ADOPT the Negative Declaration for PA95-0112; and APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: ADOPT the Mitigation Monitoring Program for PA95- 0112; and ADOPT Resolution No. 95- approving PA95-0112 based upon the Analysis and Findings contained in the Staff Report; and APPROVE Planning Application No. PA95-0112subject to the attached Conditions of Approval. Oscar and John Sarkisian Russell Rumansoff A 9,934 square foot restaurant, utilizing an existing 3,792 foot building and adding 6,142 square feet South of Rancho California Road, east of the Pond, approximately 500 feet east of the intersection of Rancho California and Ynez Roads SP 180 (Rancho Highlands Specific Plan) North: South: East: West: C-1/C-P (General Commercial) SP 180 (Rancho Highlands Specific Plan) R-3-4,000 (General Residential) SP 180 iRancho Highlands Specific Plan) GENERAL PLAN DESIGNATION: EXISTING LAND USE: Professional Office Conference Center/Banquet Facility SURROUNDING LAND USES: North: South: East: West: Temecula Town Center Vacant Hope Lutheran Church Embassy Suites Hotel PROJECT STATISTICS Total Area: 1.88 acres Total Site Area: 81,851 square feet Building Area: 9,934 square feet (12%} Landscape Area: 31,087 square feet (50%) Paved Area: 40,830 square feet (38%) Parking Required: 86 spaces Parking Provided: 108 spaces Building Height: 20 feet (27 feet to the top of the tower) BACKGROUND o Planning Application No. PA95-0112 was formally submitted to the Planning Department ~~- October 31, 1995. Prior to that date, Staff held several meetings with the applicant t discuss various elements of the project. A Development Review Committee (DRC) meetin was held on November 8, 1995. PROJECT DESCRIPTION facility into a 9,934 square foot restaurant. Hours of operation for the restaurant will 10:00 am to 10:30 pm, seven days a week. It is anticipated that fifty percent (50%] restaurant business is take-out and fifty percent (50%) is dine in. There will be seating for 256 people (216 interior and 40 patio). ANALYSIS Site Desian The new building will be 6,142 square feet larger than the existing building. Existing parking will remain, with parking added adjacent to the building and to the east of the existing parking lot. The dining area will be oriented to the west, with views toward the pond. Outside patio dining will be on the west side of the building. ,ss l q'uF.. HitTING. LandscaDino Staff has concerns how the aesthetics of the site will change with the removal of mature trees. The project is located at a prominent corner in the City of Temecula. Changes will be visible primarily to motorists eastbound on Rancho California Road and the patrons of the park. The existing trees provide a unique setting to the existing building. With the expansion, twenty-one trees are slated for removal. These trees include: Eucalyptus, Sycamore, Honey Locust, an Olive and a Pine. Three larger trees (Olive, Sycamore and Pine) will be removed from the western elevation and have the greatest potential for aesthetic impacts. Options recommended by Staff included: reconfiguration of the building to save additional trees; or planting five {5) trees in tree wells or in large planter boxes on the west portion of the patio. These options were not incorporated into the plan, because it was felt that the trees would interfere with the patio dining area. The remainder of the trees will be removed from other elevations and are not as visually prominent as the west facing elevation. Many of the trees are the Eucalyptus variety and are in need of immediate maintenance (pruning, thinning). Trees at the Rancho California Road entry will not be removed. Thirty-three (33) trees have been preserved on site, as the applicant has chosen to design the parking around them. The landscape plan calls for planting twenty-nine (29) additional trees. This will result in thirty- eight percent (38%) of the site to be in landscaping and/or open space. This exceeds the minimum landscaping standard contained in the Rancho Highlands Specific Plan and the Draft Development Code. Initially, the removal of the trees will present a visual impact to the existing site. The .new building will be approximately three times larger than the existing building. It is anticipated that over time, the remaining mature trees and the proposed additional trees will create an aesthetically pleasing site that will complement the park and the prominent intersection that the restaurant occupies. Architecture The building is one story and will be stucco. Plaster column features will be used on all elevations. The roof will be tile and will be concrete. Canvas awnings will be used, with the majority of them being on the west elevation. Window frames will be aluminum. Parking and Traffic A condition of approval has been placed on the project for the applicant to enter into a reciprocal parking/access agreement with the City of Temecula upon completion of the park improvements to allow joint use of the parking and access. The project will have less than five (5) percent increase to the nearest intersection (Rancho California and Ynez Roads) during the PM peak travel hour. The restaurant will not be open for breakfast; therefore it is anticipated that the project will not impact the AM peak travel. 1 Coordination with the Temecula Duck Pond Park Master Plan This project is being coordinated with the Master Plan for the Temecula Duck Pond Park. The Master Plan is in the early stage of development (one meeting has been held). Representatives from Oscars and Planning Department Staff are on the Temecula Duck Pond Master Plan Committee and have and will be monitoring the development of the Park Plan to assure that there will be coordination between the two projects. Parking, circulation and pedestrian access to the park site are the most paramount issues at this time between the two projects. It is anticipated that ultimate improvementsto the park will include additional parking spaces and the alignment of the western driveway (now closed) with Tierra Vista Road at Ynez Road. The Capital Improvement Program slates park improvements for Fiscal Year 1995- 96; however, based upon discussions with Temecula Community Services Department Staff, these improvements are likely to occur during the early part of Fiscal Year 1996-1997. EXISTING ZONING AND GENERAL PLAN DESIGNATION Existing zoning for the site is Specific Plan (SP 180 - Rancho Highlands). Restaurants are permitted with the approval of a plot plan pursuant to Section 18.30 of Ordinance No. 348. The General Plan Land Use designation for the site is Professional Office (O). The project as proposed is consistent with Ordinance No. 348 and the General Plan. ENVIRONMENTAL DETERMINATION An Initial Study has been prepared for this project. The Initial Study determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval for the project. Any potentially significant impacts will be mitigated to a level of insignificance. SUMMARY/CONCLUSIONS The project is a proposal for a restaurant on the site of an existing conference/banquet facility. Staff has concerns about the removal of twenty-one (21) existing trees on the site. The applicant retained many mature trees and will be planting additional trees. The project is consistent with the City of Temecula General Plan, Rancho Highlands Specific Plan, and Ordinance No. 348. The project will not have a significant effect on the environment. FINDINGS The proposed use conforms to all General Plan requirements and with all applicable requirements of state law and City ordinances. The project is a permitted use within the General Plan Land Use designation of Professional Office (O). In addition, the project is permitted under the existing Specific Plan (SP 180) zoning. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. The proposed use or action complies with all other requirements of state law and local ordinances. The proposed use complies with California Governmental Code Section 65360, Section 18.30 (Plot Plan) of Ordinance No. 348. The proposed project will not be detrimental to the health, safety or general welfare of the community. An Initial Study was prepared and circulated for this project. The Initial Study indicated that although the proposed project could have a significant impact on the environment, the significant effects would be mitigated to a level less than significant. This is accomplished through project design and mitigation measures contained in the Conditions of Approval. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, access, and intensity of use, because the proposed planning application (Plot Plan), as conditioned, complies with the standards contained within the City's General Plan and Ordinance No. 348. The project is compatible with surrounding land uses. The project is located in an area of existing and proposed commercial development. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. Access to the project site is from a publicly maintained road (Rancho California Road) and will ultimately have access from Ynez Road upon the completion of the Master Plan for the Pond Park. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. 10. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Attachments: 2. 3. 4. PC Resolution - Blue Page 6 A. Conditions of Approval - Blue Page 10 Initial Study - Blue Page 19 Mitigation Monitoring Program - Blue Page 39 Exhibits - Blue Page 60 A. Vicinity Map B. Zoning Map C. General Plan Map D Site Plan E. Elevations F. Landscape Plan